AD 2010-21-01

[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Rules and Regulations]
[Pages 63050-63052]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2010-25273]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0969; Directorate Identifier 2009-SW-62-AD; 
Amendment 39-16461; AD 2010-21-01]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France (Eurocopter) Model 
AS350B, BA, B1, B2, B3, D, AS355E, F, F1, F2, and N Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
specified Eurocopter model 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 the AD is issued following a report of a crack discovered in the 
area of the center cross-member at station X 2325, at the attachment 
point of the yaw channel ball-type control sheath stop, of a Model 
AS355N helicopter fitted with the collective-to-yaw control coupling. 
Investigations revealed that the helicopter did not have the structural 
doublers, which are combined with the collective-to-yaw control 
coupling installation. Repetitive loads on the non-modified cross-
member may cause it to crack. A crack can reduce the yaw control 
travel. This AD requires actions that are intended to prevent reduced 
yaw control and subsequent loss of control of the helicopter.

DATES: This AD becomes effective on October 29, 2010.
    The incorporation by reference of certain publications is approved 
by the Director of the Federal Register as of October 29, 2010.
    We must receive comments on this AD by December 13, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting your 
comments electronically.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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, Texas 
75053-4005, telephone (800) 232-0323, fax (972) 641-3510.
    Examining the Docket: You may examine the AD docket on the Internet 
at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: Gary Roach, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5130, fax (817) 
222-5961.

SUPPLEMENTARY INFORMATION: 

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Community, has issued Emergency AD No. 2007-0139-E, dated May 
15, 2007 (corrected May 23, 2007), to correct an unsafe condition for 
these French-certificated helicopters. The MCAI AD states that the AD 
is issued following one report of a crack discovered in the area of the 
center cross-member at station X 2325, at the attachment point of the 
yaw channel ball-type control sheath stop, of an AS355N helicopter with 
the collective-to-yaw control coupling. Investigations revealed that 
the helicopter did not have the structural doublers, which are combined 
with the collective-to-yaw control coupling installation. Repetitive 
loads on the non-modified cross-member may cause it to crack. A crack 
can reduce the yaw control travel.

[[Page 63051]]

    You may obtain further information by examining the MCAI AD and any 
related service information in the AD docket.

Related Service Information

    Eurocopter has issued an Emergency Alert Service Bulletin (EASB), 
dated April 11, 2007, that contains 3 different numbers (Nos. 53.00.37, 
53.00.11, and 53.00.23) for Eurocopter Model 350, 355, 550, and 555 
helicopters. EASB No. 53.00.37 relates to 2 Model 350 (350 BB and 350 
L1) helicopters that are not type-certificated in the United States. 
EASB No. 53.00.11 relates to 4 Model 550 and 6 Model 555 military 
helicopters that are not type-certificated in the United States. The 
actions described in the MCAI AD are intended to correct the same 
unsafe condition as that identified in the service information.

FAA's Evaluation and Unsafe Condition 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 this State of Design, EASA, their 
Technical Agent, has notified us of the unsafe condition described in 
the MCAI AD and service information. 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 these same type designs.

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-2010-
0969; Directorate Identifier 2009-SW-62-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  <a href="http://www.regulations.gov">http://www.regulations.gov</a> including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Differences Between This AD and the MCAI AD

    This AD differs from the MCAI AD as follows:
    <bullet> We use the word ``inspect'' to describe the actions 
required by an inspector versus the word ``check,'' which is how we 
describe the actions allowed by a pilot.
    <bullet> We refer to the compliance time as ``hours time-in-service 
(TIS)'' rather than ``flying hours.''
    <bullet> We do not include the military model helicopters in the 
applicability.

Costs of Compliance

    We estimate that this AD will affect about 725 helicopters of U.S. 
registry. We also estimate that it will take about 1 work-hour per 
helicopter to inspect for the presence of the center cross member and 
doublers under the cabin floor and determine whether there is a crack 
in the center cross member. The average labor rate is $85 per work-
hour. Required parts will cost about $150 per helicopter. Based on 
these figures, we estimate the cost of the AD on U.S. operators is 
$189,135, assuming 7 helicopters have cracks and require an additional 
8 work-hours of repair labor and $2,000 in repair design and parts.

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 of the short 
compliance time, within 10 hours TIS or 1 month, whichever occurs 
first, to inspect for the presence of the cross-member at station X 
2165 and the doublers at X 2325 and Y 269 and installing them within 55 
hours TIS if they are missing. 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-2010-
0969; Directorate Identifier 2009-SW-62-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  <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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, Incorporation by 
reference, Safety.

[[Page 63052]]

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:

2010-21-01 Eurocopter France: Amendment 39-16461. Docket No. FAA-
2010-0969; Directorate Identifier 2009-SW-62-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on 
October 29, 2010.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Eurocopter France Model AS350B, BA, B1, 
B2, B3, D, AS355E, F, F1, F2, and N helicopters, certificated in any 
category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD 
states that AD is issued following one report of a crack discovered 
in the area of the center cross-member at station X 2325, at the 
attachment point of the yaw channel ball-type control sheath stop of 
an AS355N helicopter with the collective-to-yaw control coupling. 
Investigations revealed that the helicopter did not have the 
structural doublers installed, which are combined with the 
collective-to-yaw control coupling installation. Repetitive loads on 
the non-modified cross-member may cause it to crack. A crack can 
reduce the yaw control travel. The AD requires actions that are 
intended to prevent reduced yaw control and subsequent loss of 
control of the helicopter.

Actions and Compliance

    (e) Within 10 hours time-in-service (TIS) or within 1 month, 
whichever occurs first, unless already done, determine whether the 
cross-member (numbered ``1'') at station X 2165 and the two doublers 
(numbered ``2'' and ``3'') at stations X 2325 and Y 269 are 
installed as shown in Figure 1 of Eurocoper Emergency Alert Service 
Bulletin (EASB) No. 53.00.37, dated April 11, 2007 (EASB 53.00.37), 
for the Model AS350 helicopters and EASB No. 53.00.23, dated April 
11, 2007 (EASB 53.00.23), for the Model AS355 helicopters.

    Note: The one Eurocopter EASB contains 3 different numbers (Nos. 
53.00.37, 53.00.11, and 53.00.23) for 4 different Eurocopter model 
helicopters. EASB 53.00.37 relates to 2 Model 350 (350 BB and 350 
L1) helicopters that are not type-certificated in the United States; 
and EASB No. 53.00.11 relates to 4 Model 550 and 6 Model 555 
military helicopters that are not type-certificated in the United 
States.

    (f) If the cross-member (numbered ``1'') and doublers (numbered 
``2'' and ``3'') are not installed, before further flight, inspect 
for a crack in the center cross-member (numbered ``4'') in the area 
around the attachment point of the tail rotor directional ball-type 
control as shown in Figure 1 of EASB 53.00.37 for the Model AS350 
helicopters or EASB 53.00.23 for the Model AS355 helicopters.
    (1) If you find a crack, before further flight, replace the 
unairworthy center cross-member (Numbered ``4'') with an airworthy 
center cross-member and comply with paragraph (g) of this AD.
    (2) If you do not find a crack, before further flight, inspect 
the tail rotor control rigging.
    (g) Within 55 hours TIS, install the cross-member (Numbered 
``1'') at station X 2165 and the 2 doublers (Numbered ``2'' and 
``3'') at stations X 2325 and Y 269 by following the Appendix and 
the referenced Figures 2 and 3 of EASB 53.00.37 for the Model AS350 
helicopters and EASB 53.00.23 for the Model AS355 helicopters.

Differences Between the FAA AD and the MCAI AD

    (h) This AD differs from the MCAI AD as follows:
    (1) We use the word ``inspect'' to describe the actions required 
by an inspector versus the word ``check,'' which is how we describe 
the actions allowed by a pilot.
    (2) We refer to the compliance time as hours TIS rather than 
flying hours.
    (3) We do not include the military model helicopters.

Other Information

    (i) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, Rotorcraft Directorate, FAA, ATTN: Gary 
Roach, Aviation Safety Engineer, 2601 Meacham Blvd., Fort Worth, 
Texas 76137, telephone (817) 222-5130, fax (817) 222-5961, has the 
authority to approve AMOCs for this AD, if requested, using the 
procedures found in 14 CFR 39.19.

Related Information

    (j) EASA Emergency AD No. 2007-0139-E, dated May 15, 2007 
(corrected May 23, 2007), contains related information.

Joint Aircraft System/Component (JASC) Code

    (k) The JASC Code is 5320--Fuselage Misc. Structure.

Material Incorporated by Reference

    (l) You must use the specified portions of Eurocoper Emergency 
Alert Service Bulletin No. 53.00.37 for the AS350 model helicopters 
and No. 53.00.23 for the AS355 model helicopters, both dated April 
11, 2007, to do the actions required.
    (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.
    (2) For service information identified in this AD, contact 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, 
Texas 75053-4005, telephone (800) 232-0323, fax (972) 641-3510.
    (3) You may review copies at the FAA, Office of the Regional 
Counsel, DOT/FAA Southwest Region, 2601 Meacham Blvd., Fort Worth, 
TX 76137; or 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Fort Worth, Texas, on September 23, 2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-25273 Filed 10-13-10; 8:45 am]
BILLING CODE 4910-13-P