AD 2012-26-07

[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Rules and Regulations]
[Pages 857-858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-31584]



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Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules 
and Regulations

[[Page 857]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0774; Directorate Identifier 2010-SW-057-AD; 
Amendment 39-17302; AD 2012-26-07]
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 (Eurocopter) Model AS350BA helicopters with certain 
AERAZUR emergency flotation gear container assemblies installed. This 
AD requires replacing each affected emergency flotation gear container 
assembly (container assembly) at specified time limits based on the 
date of manufacture. This AD was prompted because container assemblies 
with an intended operating limitation of 10 years may not have been 
replaced because the limit is no longer recorded in the Maintenance 
Program. The actions of this AD are intended to prevent failure of the 
emergency container assembly because of age and subsequent damage to 
the helicopter and injury to the occupants after an emergency water 
landing.

DATES: This AD is effective February 11, 2013.

ADDRESSES: For service information identified in this AD, contact 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX 
75053-4005, telephone (800) 232-0323, fax (972) 641-3710, or at <a href="http://www.eurocopter.com">http://www.eurocopter.com</a>. 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 <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, 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, 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, email <a href="/cdn-cgi/l/email-protection#6e090f1c17400c401c010f0d062e080f0f40090118"><span class="__cf_email__" data-cfemail="8deaecfff4a3efa3ffe2eceee5cdebececa3eae2fb">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    On July 26, 2012, at 77 FR 43734, 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 Model 
AS350BA helicopters with AERAZUR left-hand emergency flotation gear 
container assembly (container assembly), part number (P/N) 158170 or 
158210-1, or right-hand container assembly, P/N 158171 or 158215-1, 
installed. That NPRM proposed to require replacing each container 
assembly at specified time limits based on the date of manufacture. The 
proposed requirements were intended to prevent failure of the emergency 
container assembly because of age and subsequent damage to the 
helicopter and injury to the occupants after an emergency water 
landing.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, issued EASA AD No. 
2008-0189, dated October 10, 2008, to correct an unsafe condition for 
the Eurocopter Model AS350BA helicopters with certain AERAZUR emergency 
flotation gear installed. EASA advises that that the container 
assemblies have an operating life limit of 10 years from the date of 
manufacture. The EASA AD states that ``as of June 2006, this limit is 
no longer recorded in the Maintenance Program; therefore, after June 
2006, container assemblies having already exceeded the 10-year limit 
could have not been replaced yet.'' The EASA AD also states that 
``floating performance of a helicopter may prove to be insufficient in 
the event of ditching, in case of failure of a container assembly being 
operated beyond its operating time limit.''

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we received no comments on the NPRM (77 FR 43734, July 26, 
2012).

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 EASA and determined the unsafe condition exists 
and is likely to exist or develop on other helicopters of these same 
type designs and that air safety and the public interest require 
adopting the AD requirements as proposed.

Related Service Information

    Eurocopter has issued Alert Service Bulletin No. 25.01.02, dated 
September 24, 2008 (EASB), which specifies certain times measured from 
the date of manufacture to replace the container assemblies. EASA 
classified this EASB as mandatory and issued AD No. 2008-0189, dated 
October 10, 2008, to ensure the continued airworthiness of these 
helicopters.

Costs of Compliance

    We estimate that this AD will affect 85 helicopters of U.S. 
registry. We estimate that operators may incur the following costs to 
comply with this AD.
    <bullet> It will take minimal time to determine the manufacturing 
date of the container and about 1/2 work-hour per helicopter to replace 
the container assemblies at an average labor rate of $85 per work hour.

[[Page 858]]

    <bullet> Required parts will cost about $21,775 for the left 
container assembly and $26,690 for the right container assembly per 
helicopter.
    Based on these figures, we estimate the AD's total cost impact on 
U.S. operators to be $485,075, assuming 10 helicopters require 
replacement of the right and left container assemblies.

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):

2012-26-07 Eurocopter France Helicopters: Amendment 39-17302; Docket 
No. FAA-2012-0774; Directorate Identifier 2010-SW-057-AD.

(a) Applicability

    This AD applies to Model AS350BA helicopters with AERAZUR left-
hand emergency flotation gear container assembly (container 
assembly), part number (P/N) 158170 or 158210-1, or right-hand 
container assembly, P/N 158171 or 158215-1, installed, certificated 
in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of the container 
assembly because of age. This condition could result in damage to 
the helicopter and injury to the occupants after an emergency water 
landing.

(c) Effective Date

    This AD becomes effective February 11, 2013.

(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) Determine the manufacturing date of each part-numbered 
container assembly stamped on the cover of the identification plate.
    (2) Replace each container assembly with an airworthy container 
assembly as follows:
    (i) For a container assembly with a date of manufacture 12 or 
more years before the effective date of this AD, replace within 30 
days.
    (ii) For a container assembly with a date of manufacture 10 or 
more years and less than 12 years before the effective date of this 
AD, replace within 60 days.
    (iii) For a container assembly with a date of manufacture 9 or 
more years and less than 10 years before the effective date of this 
AD, replace before reaching 10 years and 60 days.
    (iv) For a container assembly with a date of manufacture less 
than 9 years before the effective date of this AD, replace before 
reaching 10 years.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Aviation Safety Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Gary Roach, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email <a href="/cdn-cgi/l/email-protection#d9beb8aba0f7bbf7abb6b8bab199bfb8b8f7beb6af"><span class="__cf_email__" data-cfemail="523533202b7c307c203d33313a123433337c353d24">[email&#160;protected]</span></a>.
    (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.

(g) Additional Information

    (1) Eurocopter Alert Service Bulletin No. 25.01.02, dated 
September 24, 2008, which is not incorporated by reference, contains 
additional information about the subject of this AD. For service 
information identified in this AD, contact American Eurocopter 
Corporation, 2701 Forum Drive, Grand Prairie, TX 75053-4005, 
telephone (800) 232-0323, fax (972) 641-3710, or at <a href="http://www.eurocopter.com">http://www.eurocopter.com</a>. You may review a copy of the service information 
at the FAA, Office of the Regional Counsel, Southwest Region, 2601 
Meacham Blvd., Room 663, Fort Worth, Texas 76137.
    (2) The subject of this AD is addressed in European Aviation 
Safety (EASA) AD No. 2008-0189, dated October 10, 2008.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 3212 Emergency 
Flotation Section.

    Issued in Fort Worth, Texas, on December 20, 2012.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-31584 Filed 1-4-13; 8:45 am]
BILLING CODE 4910-13-P