AD 2012-02-13

[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Rules and Regulations]
[Pages 5994-5996]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-2418]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0086; Directorate Identifier 2011-SW-045-AD; 
Amendment 39-16936; AD 2012-02-13]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France 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 all 
Eurocopter France EC130B4 helicopters that have not had Eurocopter 
Modification 073880 incorporated. This AD is prompted by several 
reports of cracks in the tailboom/Fenestron junction frame, which could 
result in structural failure of the tail boom, resulting in detachment 
of the Fenestron (tail rotor) and subsequent loss of control of the 
helicopter. We are issuing this AD to correct the unsafe condition on 
these helicopters.

DATES: This AD becomes effective February 22, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of February 22, 
2012.
    We must receive comments on this AD by April 9, 2012.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
    <bullet> Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Examining the AD 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) 647-5227) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.
    For service information identified in this AD, contact American 
Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX 75052, 
telephone (972) 641-0000 or (800) 232-0323, fax (972) 641-3775, or at 
<a href="http://www.eurocopter.com/techpub">http://www.eurocopter.com/techpub</a>. You may review copies of the 
referenced service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth 
Texas 76137.

FOR FURTHER INFORMATION CONTACT: Jim Grigg, Manager, FAA, Rotorcraft 
Directorate, Safety Management Group, 2601 Meacham Blvd., Fort Worth, 
TX 76137, telephone (817) 222-5126, email: <a href="/cdn-cgi/l/email-protection#53393a3e7d34213a3434133532327d343c25"><span class="__cf_email__" data-cfemail="85efece8abe2f7ece2e2c5e3e4e4abe2eaf3">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, we 
invite you to participate in this rulemaking by submitting written 
comments, data, or views. We also invite comments relating to the 
economic, environmental, energy, or federalism impacts that resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit them only one time. We will file in the docket all comments that 
we receive, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
No. 2011-0116, dated July 6, 2011 (AD 2011-0116) to correct an unsafe 
condition for Eurocopter EC 130 B4 helicopters. EASA advises of several 
reports of cracks in the tailboom/Fenestron junction frame. Prompted by 
these reports, Eurocopter published Information Notice No. 2167-I-53 
(2167-I-53). Since publication of 2167-I-53, new cases of cracks in the 
tailboom/Fenestron junction frame have been reported. Examination of 
the parts revealed the cracks were longer than the previously reported 
cracks and started to develop in the plane of the rivet head 
countersink on the right hand (RH) side of the Fenestron and spread to 
the web of the frame. This condition, if not corrected, could lead to 
structural failure, which could result in Fenestron detachment and 
consequent loss of control of the helicopter. AD 2011-0116 requires 
repetitive inspections of the affected area and depending on findings, 
accomplishing corrective actions.

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, their 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 EASA and determined the unsafe condition is 
likely to exist or develop on other helicopters of these same type 
designs.

Related Service Information

    We reviewed Eurocopter Emergency Alert Service Bulletin 53A019, 
dated June 14, 2011 (EASB). The EASB describes procedures for 
inspecting the RH side of the tailboom/Fenestron junction frame from 
the inside and outside for cracks. If a crack is present, the EASB 
requires contacting Eurocopter for approved repair instructions.

AD Requirements

    This AD requires compliance with specified portions of the 
manufacturer's service bulletin, except as discussed under 
``Differences Between this AD and the EASA AD.''

Differences Between This AD and the EASA AD

    The EASA AD allows for flights for a certain period of time with 
known cracks. Except for limited ferry flights, this AD does not permit 
operations with known cracks. The EASA AD allows for an initial 
inspection which does not

[[Page 5995]]

require stripping the paint, and then stripping the paint prior to 
inspection within 110 flight hours. This AD mandates stripping the 
paint as part of the initial inspection.

Costs of Compliance

    We estimate that this AD will affect 109 helicopters of U.S. 
Registry.
    We estimate that operators may incur the following costs in order 
to comply with this AD. To inspect the tailboom/Fenestron junction 
frame for a crack will require 1 work-hour at an average labor cost of 
$85 per hour, for a total cost per inspection cycle of $85 per 
helicopter and $9,265 for the entire fleet. To replace a tailboom with 
an airworthy tailboom will require 50 work-hours and a parts cost of 
$60,000, for a total cost per helicopter of $64,250.

FAA's Justification and Determination of the Effective Date

    These helicopters are used primarily by air tour and helicopter 
Emergency medical services. Helicopters used in these industries 
average in excess of 100 hours TIS per month. The cracks are in a 
primary structure of the helicopter that may prevent further safe 
flight. Therefore, we find that the risk to the flying public justifies 
waiving notice and comment prior to the adoption of this rule because 
the required corrective actions must be accomplished within 10 hours 
TIS, a very short time period based on the average flight-hour 
utilization rate of these helicopters. Since an unsafe condition exists 
that requires the immediate adoption of this AD, we 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 less than 30 days.

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 products 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.
    For the reasons discussed, 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 AD:

2012-02-13 Eurocopter France: Amendment 39-16936; Docket No. FAA-
2012-0086; Directorate Identifier 2011-SW-045-AD.

    (a) Applicability. This AD applies to Model EC130B4 helicopters 
that do not have Eurocopter Modification (MOD) 073880 incorporated, 
all serial numbers, certificated in any category.
    (b) Unsafe Condition. This AD defines the unsafe condition as 
cracks on the tailboom/Fenestron junction frame. This condition 
could result in structural failure of the tailboom, detachment of 
the Fenestron, and subsequent loss of control of the helicopter.
    (c) Effective Date. This airworthiness directive (AD) becomes 
effective February 22, 2012.
    (d) Compliance. You are responsible for performing each action 
required by this AD within the specified compliance time unless 
accomplished previously.
    (e) Corrective Actions.
    (1) Within 10 hours time-in-service (TIS):
    (i) Inspect the right hand side of the tailboom/Fenestron 
junction frame for cracks in the web from the inside as depicted in 
Details C and D of Figure 2 of Eurocopter Emergency Alert Service 
Bulletin 53A019, dated June 14, 2011 (EASB).
    (ii) Strip the paint on the areas of the right hand side of the 
tailboom/Fenestron junction frame depicted in Detail E of Figure 3 
of the EASB. Apply a coat of primer to the stripped area. Apply 
varnish to the stripped area.
    (iii) Inspect the stripped area of the frame for cracks from the 
outside.
    (2) Thereafter at intervals not to exceed 50 hours TIS, inspect 
the frame by following the inspection requirements of paragraphs 
(1)(i) and (1)(iii) of this AD.
    (3) If there is a crack, before further flight, replace the 
tailboom with an airworthy tailboom that incorporates Eurocopter MOD 
073880.
    (4) After the effective date of this AD, do not install a 
tailboom that does not incorporate Eurocopter MOD 073880 on any 
helicopter.
    (f) Special flight permits. Special flight permits may be issued 
for up to 2 hours TIS to ferry the helicopter to a repair facility 
if the crack does not extend into the web of the tailboom/Fenestron 
junction frame.
    (g) Alternative Methods of Compliance (AMOCs).
    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Jim Grigg, Manager, FAA, 
Rotorcraft Directorate, Safety Management Group, 2601 Meacham Blvd., 
Fort Worth, TX 76137, telephone (817) 222-5126, email: 
<a href="/cdn-cgi/l/email-protection#e3898a8ecd84918a8484a3858282cd848c95"><span class="__cf_email__" data-cfemail="f09a999dde9782999797b0969191de979f86">[email&#160;protected]</span></a>.
    (2) For operations conducted under a Part 119 operating 
certificate or under 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) Subject. Joint Aircraft System Component (JASC) Code: 5302: 
Rotorcraft Tail Boom.
    (i) Additional Information. The subject of this AD is addressed 
in European Aviation Safety Agency (France) AD No. 2011-0116, dated 
July 6, 2011.
    (j) Material Incorporated by Reference. You must use the 
specified portions of Eurocopter Emergency Alert Service Bulletin 
53A019, dated June 14, 2011, to do the specified actions required by 
this AD.
    (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 N. Forum Drive, Grand Prairie, 
TX 75052, telephone (972) 641-0000

[[Page 5996]]

or (800) 232-0323, fax (972) 641-3775, or at <a href="http://www.eurocopter.com/techpub">http://www.eurocopter.com/techpub</a>.
    (3) You may review copies of the referenced service information 
at the FAA, Office of the Regional Counsel, Southwest Region, 2601 
Meacham Blvd., Room 663, Fort Worth Texas 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/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Fort Worth, Texas, on January 23, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-2418 Filed 2-6-12; 8:45 am]
BILLING CODE 4910-13-P