[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Rules and Regulations]
[Pages 50582-50584]
From the Federal Register Online via the Government Publishing 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.

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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 http://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 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, 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 
[email protected].

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 
[email protected].
    (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 http://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: http://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