[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Rules and Regulations]
[Pages 65682-65684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29426]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1118; Directorate Identifier 2008-SW-60-AD; 
Amendment 39-16126; AD 2009-25-07]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model EC120B 
Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
Eurocopter France (ECF) Model EC120B helicopters. This AD results from 
a mandatory continuing airworthiness information (MCAI) AD issued by 
the European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community. The MCAI AD 
states that operators have reported that latching push buttons on the 
Emergency Floatation Gear Lighting and Ancillary Control Unit (LACU) 
used to arm the emergency floatation gear are unreliable, and the 
`FLOAT ARM' pushbutton does not latch in the depressed (LACU armed) 
position. These actions are intended to prohibit flight over water if a 
functional test indicates that the emergency floatation gear cannot be 
armed, which would preclude deployment of the floats in an emergency 
water ditching that could result in helicopter damage and a fatality.

DATES: This AD becomes effective on December 28, 2009.
    We must receive comments on this AD by February 9, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting your 
comments electronically.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX 
75053-4005, telephone (800) 232-0323, fax (972) 641-3710, or at http://www.eurocopter.com.
    Examining the Docket: You may examine the AD docket on the Internet 
at http://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, the economic evaluation, any 
comments received, and other information. The street address for the 
Docket Operations office (telephone (800) 647-5527) is stated in the 
ADDRESSES section of this AD. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, J. R. 
Holton, Jr., ASW-112, Aviation Safety Engineer, Rotorcraft Directorate, 
Safety Management Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, 
telephone (817) 222-4964, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Community, has issued EASA AD No. 2008-0177-E, dated September 
19, 2008, to correct an unsafe condition for the ECF Model EC120B 
helicopters.
    The MCAI AD states that operators have reported unreliability of 
the latching push buttons on the Emergency Floatation LACU including 
the `FLOAT ARM' pushbutton used to arm the emergency floatation gear 
and failure of the light to illuminate properly. Investigations have 
revealed the anomaly may be due to the bonding of these pushbuttons. 
Design improvements for the pushbuttons are currently in progress. The 
MCAI AD states that a repetitive in-flight functional check of the 
`FLOAT ARM' pushbutton before flying over water is necessary. If the 
pushbutton fails to latch in the depressed position, the MCAI AD 
prohibits further flight over water until the `FLOAT ARM' pushbutton is 
replaced with an airworthy unit. These actions are intended to prohibit 
flight over water if a functional test indicates that the emergency 
floatation gear cannot be armed, which would preclude deployment of the 
floats in an emergency water ditching that could result in helicopter 
damage and a fatality.
    You may obtain further information by examining the MCAI AD and any

[[Page 65683]]

related service information in the AD docket.

Related Service Information

    ECF has issued Emergency Alert Service Bulletin No. 04A007, on 
September 18, 2008 (ASB). The ASB specifies a pre-flight check before 
each flight. The ASB also specifies arming the emergency floatation 
gear by pressing the ``FLOAT ARM'' pushbutton and reducing speed in 
accordance with the Rotorcraft Flight Manual Supplement (RFMS) 9.17 to 
determine if both lights remain lit. If both lights remain lit, the ASB 
specifies continuing the flight. If both lights do not remain lit, the 
ASB specifies that flying over water is prohibited and specifies 
replacing the pushbutton with an airworthy pushbutton before the next 
flight over water. The actions described in the MCAI AD are intended to 
correct the same unsafe condition as that identified in the ASB.

FAA's Evaluation and Unsafe Condition Determination

    The ECF Model EC120B helicopter has been approved by the aviation 
authority of France and is approved for operation in the United States. 
Pursuant to our bilateral agreement with France, EASA, their technical 
agent, has notified us of the unsafe condition described in the MCAI 
AD. We are issuing this AD because we evaluated all information 
provided by EASA and determined the unsafe condition exists and is 
likely to exist or develop on other helicopters of the same type 
design.

Differences Between This AD and the MCAI AD

    We require adding the limitations to the Limitations section of the 
RFMS not the basic Rotorcraft Flight Manual. We also allow inserting a 
copy of this AD in the RFMS or making pen and ink changes to the 
language in the RFMS. Also, we clarified the wording used to describe 
the functional check.

Costs of Compliance

    We estimate that this AD will affect about 153 Model EC120B 
helicopters of U.S. registry. We also estimate that it will take about 
1 work-hour per helicopter to replace the pushbutton. The cost of 
revising the limitations section of the RFMS and of the pre-flight 
functional check is negligible. The average labor rate is $80 per work-
hour. Required parts will cost about $190 per pushbutton. Based on 
these figures, we estimate the cost of this AD on U.S. operators will 
be $41,310 per helicopter, assuming the pushbutton is replaced on each 
helicopter.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. We find that the risk to the flying public justifies waiving 
notice and comment prior to adoption of this rule because revising the 
RFMS is required before further flight and a pre-flight functional 
check before each flight over water. Therefore, we have determined that 
notice and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. However, we invite you to send us any written data, views, or 
arguments concerning this AD. Send your comments to an address listed 
under the ADDRESSES section of this AD. Include ``Docket No. FAA-2009-
1118; Directorate Identifier 2008-SW-60-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 product(s) identified in this 
rulemaking action.

Regulatory Findings

    We determined that 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.
    Therefore, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. 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, Safety.

Adoption of the Amendment

0
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 AD:

2009-25-07 Eurocopter France: Amendment 39-16126. Docket No. FAA-
2009-1118; Directorate Identifier 2008-SW-60-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on 
December 28, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EC120B helicopters, with an 
Emergency Floatation Gear Lighting and Ancillary Control Unit 
``LACU'', part number (P/N) 040101AB, installed, certificated in any 
category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD 
states that operators have reported unreliability of the latching 
push buttons on the LACU including the `FLOAT ARM' pushbutton used 
to arm the emergency floatation gear

[[Page 65684]]

and failure of the lights to illuminate properly. These actions are 
intended to prohibit flight over water if a functional test 
indicates that the emergency floatation gear cannot be armed, which 
would preclude deployment of the floats in an emergency water 
ditching that could result in helicopter damage or a fatality.

Actions and Compliance

    (e) Required as indicated, unless already accomplished.
    (1) Before further flight, amend the EC120B Rotorcraft Flight 
Manual Supplement (RFMS), Document 9-17 for the Emergency 
Floatation Gear Aerazur, by inserting a copy of this AD into the 
Limitations section of the RFMS or making pen and ink changes to 
that section as follows:

    ``Arm the emergency floatation gear by pressing the LACU `FLOAT 
ARM' pushbutton.

--If both lights of the pushbutton remain lit, flight over water is 
permitted.
--If one or both lights of the pushbutton do not remain lit, FLIGHT 
OVER WATER IS PROHIBITED.''

    (2) Before each flight over water, perform a functional check to 
determine whether flight over water is permitted under the 
Limitations section in paragraph (e)(1) of this AD. For purposes of 
this AD, ``flight over water'' means flight beyond the power-off 
gliding distance from shore. ``Shore'' is an area of land adjacent 
to the water and above the high water mark but does not include land 
area that is intermittently under water.
    (3) If the LACU fails the functional check required by paragraph 
(e)(2) of this AD, place a placard over the ``FLOAT ARM'' pushbutton 
that reads ``INOP.''
    (4) The functional check required by paragraph (e)(2) may be 
performed by an owner/operator (pilot) holding at least a private 
pilot certificate because no special tools are required. The check 
must be entered into the aircraft records showing compliance with 
paragraph (e)(2) of this AD in accordance with the requirements of 
14 CFR sections 43.11 and 91.417(a)(2)(v).

Differences Between This AD and the MCAI AD

    (f) We require adding the limitations to the Limitations section 
of the RFMS not the basic RFM. We also allow inserting a copy of 
this AD in the RFMS or making pen and ink changes to the language in 
the RFMS. We changed the wording used to describe the functional 
check.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, ATTN: DOT/FAA Southwest Region, J. R. 
Holton, Jr., ASW-112, Aviation Safety Engineer, Rotorcraft 
Directorate, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone 
(817) 222-4964, fax (817) 222-5961, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19.
    (h) Special flight permits may be issued for a single flight in 
accordance with sections 14 CFR 21.197 and 21.199 to operate the 
helicopter to a location where the requirements of this AD can be 
accomplished provided there are no passengers on board and the 
helicopter is not flown over water.

Related Information

    (i) The European Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, 
EASA AD No. 2008-0177-E, dated September 19, 2008, and Eurocopter 
France Emergency Alert Service Bulletin No. 04A007, dated September 
18, 2008, contain related information.

Joint Aircraft System/Component (JASC) Tracking Code

    (j) JASC Code 2560: Emergency Equipment.

    Issued in Fort Worth, Texas, on November 18, 2009.
Gary B. Roach,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-29426 Filed 12-10-09; 8:45 am]
BILLING CODE 4910-13-P