Airworthiness Directives; Eurocopter France Helicopters, 50582-50584 [2012-20342]

Download as PDF 50582 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–0177; Directorate Identifier 2009–SW–59–AD; Amendment 39– 17149; AD 2012–16–02] RIN 2120–AA64 Airworthiness Directives; Eurocopter France Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for Eurocopter France Model EC155B and EC155B1 helicopters with a VIP 4-seat bench to require revising the Limitations section of the Rotorcraft Flight Manual (RFM) and converting the VIP 4-seat bench into a 3-seat configuration. This AD was prompted by the determination that the load strength of the seat attachment hardware of the seat installation does not meet certification specifications. The required actions are intended to prevent overloading of the seat structure at the attachment point during a hard landing or emergency landing, which could result in the VIP 4-seat bench detaching from the floor and subsequent injury to the seat occupants. DATES: This AD is effective September 26, 2012. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of September 26, 2012. ADDRESSES: For service information identified in this AD, contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, Texas 75052, telephone (972) 641–0000 or (800) 232– 0323, fax (972) 641–3775, or at https:// www.eurocopter.com/techpub. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. Examining the AD Docket: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800– 647–5527) is U.S. Department of wreier-aviles on DSK7SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:22 Aug 21, 2012 Jkt 226001 Transportation, Docket Operations Office, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Gary Roach, Aerospace Engineer, FAA, Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone: (817) 222–5130; fax: (817) 222–5961, email gary.b.roach@faa.gov. SUPPLEMENTARY INFORMATION: Discussion On February 28, 2012, at 77 FR 11787, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 to include an AD that would apply to Eurocopter France Model EC155B and EC155B1 helicopters with a VIP 4seat bench. That NPRM proposed to require, before further flight, revising the Limitations section of the RFM, and within 15 hours time-in-service (TIS), converting the VIP 4-seat bench into a 3-seat configuration. Instead of revising the Limitations section and converting the VIP 4-seat bench, the NPRM proposed to allow modifying the rear VIP 4-seat bench or the front VIP 4-seat bench by installing shims, which would constitute terminating action for the requirements of this AD. The proposed requirements were intended to prevent overloading of the seat structure at the attachment point during a hard landing or emergency landing, which could result in the VIP 4-seat bench detaching from the floor and subsequent injury to the seat occupants. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD No. 2009– 0078R1, dated June 30, 2009 (AD No. 2009–0078R1), to correct an unsafe condition for the Eurocopter model EC155B and EC155B1, all serial numbers up to and including 6892, fitted with a VIP 4-seat bench, P/N 365V85–0045–01 or 365V85–0046–01. EASA advises that Eurocopter identified an unsafe condition while performing customization work that involved the installation of the VIP 4-seat bench. During the installation work, Eurocopter determined that the load strength of the seat attachment hardware of the seat installation did not meet certification specifications. EASA advises that this condition, if not corrected, would lead to overloading of the seat structure at the attachment point during an emergency landing, which could result in the seat bench detaching from the floor fitting rails and potentially resulting in injury to the seat occupants. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Comments We gave the public the opportunity to participate in developing this AD, but we did not receive any comments on the NPRM. FAA’s Determination These helicopters have been approved by the aviation authority of France and are approved for operation in the United States. Pursuant to our bilateral agreement with France, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by the EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of the same type design and that air safety and the public interest require adopting the AD requirements as proposed. Related Service Information Eurocopter has issued Emergency Alert Service Bulletin (ASB) No. 04A009, Revision 1, dated June 24, 2009 (Emergency ASB No. 04A009R1), which revises Emergency Alert Service Bulletin No. 04A009, Revision 0, dated March 30, 2009 (Emergency ASB No. 04A009R0). Emergency ASB No. 04A009R0 specified revising the RFM to restrict the VIP 4-seat bench to a maximum of 3 occupants and converting the VIP 4-seat bench into a 3-seat bench. EASA classified Emergency ASB No. 04A009R0 as mandatory to ensure the continued airworthiness of these helicopters and issued EASA Emergency AD No. 2009– 0078–E, dated April 1, 2009 (Emergency AD No. 2009–0078–E). Eurocopter has now developed optional terminating actions, and issued Service Bulletin No. 25–095, Revision 0, dated June 25, 2009 (SB No. 25–095), which specifies installing new shims between the attachment rails and the cabin floor at the seat position to strengthen the attachment security of the seat. Eurocopter also issued Emergency ASB No. 04A009R1, which retained the requirements of Emergency ASB No. 04A009R0 and specified that helicopters modified in accordance with SB No. 25–095 had met the requirements of Emergency ASB No. 04A009R1. In response, EASA issued AD No. 2009–0078R1, which retained the requirements of Emergency AD No. 2009–0078–E and added the optional terminating action of modifying the seat configuration to strengthen the attachment security of the seat. EASA AD No. 2009–0078R1 also allows, after installing the bench modification kit, E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations removal of the RFM limitation of 3 occupants. Differences Between This AD and the EASA AD This AD specifies that the conversion of the VIP 4-seat bench to a 3-seat bench must occur within 15 hours TIS, while the EASA AD specifies that compliance must occur within 15 hours TIS or 7 days, whichever occurs first. This AD uses different P/Ns for the bench modification kits, because AD No. 2009–0078R1 and SB No. 25–095 use different P/Ns for the same part, and this AD uses the P/N in SB No. 25–095. wreier-aviles on DSK7SPTVN1PROD with RULES Costs of Compliance We estimate that this AD will affect 4 helicopters of U.S. registry. We estimate that it will take a negligible amount of work hours per helicopter to amend the Limitation section of the applicable RFM. We estimate it will take approximately 0.25 hour to convert the VIP 4-seat bench to a 3-seat bench at an average labor rate of $85 per work hour. Estimated labor costs for the conversion are approximately $21.25 per helicopter, and approximately $85 for the fleet. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $85, assuming that no helicopter has been previously modified with the rear VIP bench seat retrofit kit P/N 365V08–0079–0171 and the front VIP bench seat retrofit kit P/N 365V08– 0079–0271. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on helicopters identified in this rulemaking action. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on VerDate Mar<15>2010 15:22 Aug 21, 2012 Jkt 226001 the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); (3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2012–16–02 Eurocopter France: Amendment 39–17149; Docket No. FAA–2012–0177; Directorate Identifier 2009–SW–59–AD. (a) Applicability This AD applies to Model EC155B and EC155B1 helicopters, all serial numbers up to and including 6892, with a VIP 4-seat bench, part number (P/N) 365V85–0045–01 or 365V85–0046–01, installed; certificated in any category. (b) Unsafe Condition This AD defines the unsafe condition as possible overloading of the seat structure at the attachment point during a hard landing or emergency landing. This condition could result in the bench seat detaching from the floor and subsequent injury to the seat occupants. (c) Effective Date This AD becomes effective September 26, 2012. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 50583 (d) Compliance You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time. (e) Required Actions (1) Before further flight, revise the Limitations section of the Rotorcraft Flight Manual (RFM) by inserting the following statement into the Limitations section: ‘‘The VIP 4-seat bench, P/N 365V85–0045–01 or 365V85–0046–01 is limited to 3 passengers.’’ You may make the change to the Limitations section of the RFM in pen and ink, or by inserting a copy of this AD into the Limitations section of the RFM. (2) Within the next 15 hours time-inservice, convert the VIP 4-seat bench into the 3-seat configuration in accordance with paragraphs 2.B.1 through 2.B.3 and Figure 1 of Eurocopter Emergency Alert Service Bulletin No. 04A009, Revision 1, dated June 24, 2009. (f) Alternative Actions for Paragraph (e) Instead of complying with paragraphs (e)(1) and (e)(2) of this AD, you may modify the rear VIP 4-seat bench by installing the shims contained in rear VIP bench seat retrofit kit, P/N 365V08–0079–0171 (which corresponds to modification 365V08–0079– 01), or the front VIP 4-seat bench by installing the shims contained in front VIP bench seat retrofit kit, P/N 365V08–0079– 0271 (which corresponds to modification 365V08–0079–02), in accordance with the Operational Procedure, paragraph 2.B. of the Eurocopter Service Bulletin No. 25–095, dated June 25, 2009. Modifying the VIP 4-seat bench constitutes terminating action for the requirements of this AD. (g) Alternative Methods of Compliance (AMOCs) (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Gary Roach, Aerospace Engineer, FAA, Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone: (817) 222– 5130; fax: (817) 222–5961, email gary.b.roach@faa.gov. (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC. (h) Additional Information The subject of this AD is addressed in European Aviation Safety Agency AD No. 2009–0078R1, dated June 30, 2009. (i) Subject Joint Aircraft Service Component (JASC) Code: 2500: Cabin Equipment/Furnishings. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. E:\FR\FM\22AUR1.SGM 22AUR1 50584 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Eurocopter Emergency Alert Service Bulletin No. 04A009, Revision 1, dated June 24, 2009. (ii) Eurocopter Service Bulletin No. 25– 095, dated June 25, 2009. (3) For service information identified in this AD, contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, Texas 75052, telephone (972) 641– 0000 or (800) 232–0323, fax (972) 641–3775, or at https://www.eurocopter.com/techpub. (4) You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. (5) You may also review copies of this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Fort Worth, Texas, on July 26, 2012. Kim Smith, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2012–20342 Filed 8–21–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 400 [Docket No.: FAA–2012–0318; Amdt. No. 400–4] RIN 2120–AJ84 Voluntary Licensing of Amateur Rocket Operations Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. AGENCY: wreier-aviles on DSK7SPTVN1PROD with RULES VerDate Mar<15>2010 15:22 Aug 21, 2012 Jkt 226001 For technical questions, contact Shirley McBride, Senior Transportation Industry Analyst, Regulations and Analysis Division, AST–300, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–7470; facsimile (202) 267–5463; email Shirley.McBride@faa.gov. For legal questions, contact Laura Montgomery, Senior Attorney for Commercial Space Transportation, Office of the Chief Counsel, Regulations Division, AGC–200, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–3150; facsimile (202) 267–7971, email laura.montgomery@faa.gov. FOR FURTHER INFORMATION CONTACT: The FAA is amending the scope of its regulations to allow launch operators that conduct certain amateur rocket launches an opportunity to voluntarily apply for a commercial space transportation license or experimental permit. DATES: Effective October 9, 2012. Submit comments on or before September 21, 2012. If adverse comment is received, the FAA will publish a timely withdrawal in the Federal Register. ADDRESSES: You may send comments identified by docket number FAA– 2012–0318 using any of the following methods: SUMMARY: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: The FAA will post all comments it receives, without change, to https://www.regulations.gov, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT’s complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477–19478), as well as at https://DocketsInfo.dot.gov. Docket: Background documents or comments received may be read at https://www.regulations.gov at any time. Follow the online instructions for accessing the docket or Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Authority for This Rulemaking The FAA’s authority to issue rules on commercial space transportation safety is found in Title 49 of the United States Codes, section 322(a), which authorizes the Secretary of Transportation to carry out Subtitle V, Chapter 509, 51 U.S.C. 50901–50923, popularly referred to as the Commercial Space Launch Act or the CSLA. The CSLA authorizes the Department of Transportation (DOT) and thus the FAA, through delegations, to oversee, license, and regulate commercial launch and reentry activities, and the operation of launch and reentry sites as carried out by U.S. citizens or within the United States. 51 U.S.C. 50904, 50905. The CSLA directs the FAA to exercise this responsibility consistent with public health and safety, safety of property, and the national security and foreign policy interests of the United States. 51 U.S.C. 50905. The FAA is also responsible for encouraging, facilitating, and promoting commercial space launches by the private sector. 51 U.S.C. 50903. Direct Final Rule Procedure A direct final rule is a quicker way to issue rules that are not controversial. It is based on the Administrative Procedure Act’s good cause exception to notice and comment procedures. 5 U.S.C. 553. We use this exception where we have found the public comment procedures to be unnecessary because we do not expect to receive adverse comment. It involves publishing a rule in the Federal Register with a statement that, unless we receive an adverse comment on the rule (or a notice of intent to file an adverse comment) within the comment period, the rule will become effective on a specified date. Normally, the effective date of a direct final rule is at least 30 calendar days after the end of the comment period. Adverse Comment An adverse comment explains why a rule would be inappropriate, or would be ineffective or unacceptable without a change. It may challenge the rule’s underlying premise or approach. In determining whether an adverse comment is significant enough to end a rulemaking, we consider whether the comment raises an issue that would warrant a substantive response in a notice of proposed rulemaking (NPRM). If we do not receive an adverse comment (or notice of intent to file an adverse comment), we publish a confirmation document in the Federal Register, generally within 30 calendar days after the comment period closes. E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Rules and Regulations]
[Pages 50582-50584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20342]



[[Page 50582]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0177; Directorate Identifier 2009-SW-59-AD; 
Amendment 39-17149; AD 2012-16-02]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for 
Eurocopter France Model EC155B and EC155B1 helicopters with a VIP 4-
seat bench to require revising the Limitations section of the 
Rotorcraft Flight Manual (RFM) and converting the VIP 4-seat bench into 
a 3-seat configuration. This AD was prompted by the determination that 
the load strength of the seat attachment hardware of the seat 
installation does not meet certification specifications. The required 
actions are intended to prevent overloading of the seat structure at 
the attachment point during a hard landing or emergency landing, which 
could result in the VIP 4-seat bench detaching from the floor and 
subsequent injury to the seat occupants.

DATES: This AD is effective September 26, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 26, 
2012.

ADDRESSES: For service information identified in this AD, contact 
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, 
Texas 75052, telephone (972) 641-0000 or (800) 232-0323, fax (972) 641-
3775, or at https://www.eurocopter.com/techpub. You may review the 
referenced service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, 
Texas 76137.
    Examining the AD Docket: You may examine the AD docket on the 
Internet at https://www.regulations.gov or in person at the Docket 
Operations Office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this AD, any 
incorporated-by-reference service information, the economic evaluation, 
any comments received, and other information. The street address for 
the Docket Operations Office (phone: 800-647-5527) is U.S. Department 
of Transportation, Docket Operations Office, M-30, West Building Ground 
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Gary Roach, Aerospace Engineer, FAA, 
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 
76137; telephone: (817) 222-5130; fax: (817) 222-5961, email 
gary.b.roach@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    On February 28, 2012, at 77 FR 11787, the Federal Register 
published our notice of proposed rulemaking (NPRM), which proposed to 
amend 14 CFR part 39 to include an AD that would apply to Eurocopter 
France Model EC155B and EC155B1 helicopters with a VIP 4-seat bench. 
That NPRM proposed to require, before further flight, revising the 
Limitations section of the RFM, and within 15 hours time-in-service 
(TIS), converting the VIP 4-seat bench into a 3-seat configuration. 
Instead of revising the Limitations section and converting the VIP 4-
seat bench, the NPRM proposed to allow modifying the rear VIP 4-seat 
bench or the front VIP 4-seat bench by installing shims, which would 
constitute terminating action for the requirements of this AD. The 
proposed requirements were intended to prevent overloading of the seat 
structure at the attachment point during a hard landing or emergency 
landing, which could result in the VIP 4-seat bench detaching from the 
floor and subsequent injury to the seat occupants.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
No. 2009-0078R1, dated June 30, 2009 (AD No. 2009-0078R1), to correct 
an unsafe condition for the Eurocopter model EC155B and EC155B1, all 
serial numbers up to and including 6892, fitted with a VIP 4-seat 
bench, P/N 365V85-0045-01 or 365V85-0046-01. EASA advises that 
Eurocopter identified an unsafe condition while performing 
customization work that involved the installation of the VIP 4-seat 
bench. During the installation work, Eurocopter determined that the 
load strength of the seat attachment hardware of the seat installation 
did not meet certification specifications. EASA advises that this 
condition, if not corrected, would lead to overloading of the seat 
structure at the attachment point during an emergency landing, which 
could result in the seat bench detaching from the floor fitting rails 
and potentially resulting in injury to the seat occupants.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we did not receive any comments on the NPRM.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
France and are approved for operation in the United States. Pursuant to 
our bilateral agreement with France, EASA, its technical 
representative, has notified us of the unsafe condition described in 
the EASA AD. We are issuing this AD because we evaluated all 
information provided by the EASA and determined the unsafe condition 
exists and is likely to exist or develop on other helicopters of the 
same type design and that air safety and the public interest require 
adopting the AD requirements as proposed.

Related Service Information

    Eurocopter has issued Emergency Alert Service Bulletin (ASB) No. 
04A009, Revision 1, dated June 24, 2009 (Emergency ASB No. 04A009R1), 
which revises Emergency Alert Service Bulletin No. 04A009, Revision 0, 
dated March 30, 2009 (Emergency ASB No. 04A009R0). Emergency ASB No. 
04A009R0 specified revising the RFM to restrict the VIP 4-seat bench to 
a maximum of 3 occupants and converting the VIP 4-seat bench into a 3-
seat bench. EASA classified Emergency ASB No. 04A009R0 as mandatory to 
ensure the continued airworthiness of these helicopters and issued EASA 
Emergency AD No. 2009-0078-E, dated April 1, 2009 (Emergency AD No. 
2009-0078-E).
    Eurocopter has now developed optional terminating actions, and 
issued Service Bulletin No. 25-095, Revision 0, dated June 25, 2009 (SB 
No. 25-095), which specifies installing new shims between the 
attachment rails and the cabin floor at the seat position to strengthen 
the attachment security of the seat. Eurocopter also issued Emergency 
ASB No. 04A009R1, which retained the requirements of Emergency ASB No. 
04A009R0 and specified that helicopters modified in accordance with SB 
No. 25-095 had met the requirements of Emergency ASB No. 04A009R1. In 
response, EASA issued AD No. 2009-0078R1, which retained the 
requirements of Emergency AD No. 2009-0078-E and added the optional 
terminating action of modifying the seat configuration to strengthen 
the attachment security of the seat. EASA AD No. 2009-0078R1 also 
allows, after installing the bench modification kit,

[[Page 50583]]

removal of the RFM limitation of 3 occupants.

Differences Between This AD and the EASA AD

    This AD specifies that the conversion of the VIP 4-seat bench to a 
3-seat bench must occur within 15 hours TIS, while the EASA AD 
specifies that compliance must occur within 15 hours TIS or 7 days, 
whichever occurs first. This AD uses different P/Ns for the bench 
modification kits, because AD No. 2009-0078R1 and SB No. 25-095 use 
different P/Ns for the same part, and this AD uses the P/N in SB No. 
25-095.

Costs of Compliance

    We estimate that this AD will affect 4 helicopters of U.S. 
registry. We estimate that it will take a negligible amount of work 
hours per helicopter to amend the Limitation section of the applicable 
RFM. We estimate it will take approximately 0.25 hour to convert the 
VIP 4-seat bench to a 3-seat bench at an average labor rate of $85 per 
work hour. Estimated labor costs for the conversion are approximately 
$21.25 per helicopter, and approximately $85 for the fleet. Based on 
these figures, we estimate the total cost impact of the AD on U.S. 
operators to be $85, assuming that no helicopter has been previously 
modified with the rear VIP bench seat retrofit kit P/N 365V08-0079-0171 
and the front VIP bench seat retrofit kit P/N 365V08-0079-0271.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on helicopters identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent 
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply 
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2012-16-02 Eurocopter France: Amendment 39-17149; Docket No. FAA-
2012-0177; Directorate Identifier 2009-SW-59-AD.

(a) Applicability

    This AD applies to Model EC155B and EC155B1 helicopters, all 
serial numbers up to and including 6892, with a VIP 4-seat bench, 
part number (P/N) 365V85-0045-01 or 365V85-0046-01, installed; 
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as possible overloading of 
the seat structure at the attachment point during a hard landing or 
emergency landing. This condition could result in the bench seat 
detaching from the floor and subsequent injury to the seat 
occupants.

 (c) Effective Date

    This AD becomes effective September 26, 2012.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    (1) Before further flight, revise the Limitations section of the 
Rotorcraft Flight Manual (RFM) by inserting the following statement 
into the Limitations section: ``The VIP 4-seat bench, P/N 365V85-
0045-01 or 365V85-0046-01 is limited to 3 passengers.'' You may make 
the change to the Limitations section of the RFM in pen and ink, or 
by inserting a copy of this AD into the Limitations section of the 
RFM.
    (2) Within the next 15 hours time-in-service, convert the VIP 4-
seat bench into the 3-seat configuration in accordance with 
paragraphs 2.B.1 through 2.B.3 and Figure 1 of Eurocopter Emergency 
Alert Service Bulletin No. 04A009, Revision 1, dated June 24, 2009.

(f) Alternative Actions for Paragraph (e)

    Instead of complying with paragraphs (e)(1) and (e)(2) of this 
AD, you may modify the rear VIP 4-seat bench by installing the shims 
contained in rear VIP bench seat retrofit kit, P/N 365V08-0079-0171 
(which corresponds to modification 365V08-0079-01), or the front VIP 
4-seat bench by installing the shims contained in front VIP bench 
seat retrofit kit, P/N 365V08-0079-0271 (which corresponds to 
modification 365V08-0079-02), in accordance with the Operational 
Procedure, paragraph 2.B. of the Eurocopter Service Bulletin No. 25-
095, dated June 25, 2009. Modifying the VIP 4-seat bench constitutes 
terminating action for the requirements of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Gary Roach, Aerospace Engineer, 
FAA, Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone: (817) 222-5130; fax: (817) 222-5961, email 
gary.b.roach@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

(h) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency AD No. 2009-0078R1, dated June 30, 2009.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 2500: Cabin 
Equipment/Furnishings.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.

[[Page 50584]]

    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Eurocopter Emergency Alert Service Bulletin No. 04A009, 
Revision 1, dated June 24, 2009.
    (ii) Eurocopter Service Bulletin No. 25-095, dated June 25, 
2009.
    (3) For service information identified in this AD, contact 
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, 
Texas 75052, telephone (972) 641-0000 or (800) 232-0323, fax (972) 
641-3775, or at https://www.eurocopter.com/techpub.
    (4) You may review the referenced service information at the 
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth, Texas 76137.
    (5) You may also review copies of this service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Fort Worth, Texas, on July 26, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-20342 Filed 8-21-12; 8:45 am]
BILLING CODE 4910-13-P
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