[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Rules and Regulations]
[Pages 50874-50877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19818]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0782; Directorate Identifier 2010-SW-053-AD;
Amendment 39-16396; AD 2010-11-51]
RIN 2120-AA64
Airworthiness Directives; Eurocopter France (Eurocopter) Model
AS350B, BA, B1, B2, C, D, and D1 Helicopters and Model AS355E, F, F1,
F2, and N Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) 2010-11-51, which was sent
previously to all known U.S. owners and operators
[[Page 50875]]
of the specified Eurocopter model helicopters by individual letters.
This AD requires visually inspecting the tail gearbox (TGB) control
lever for a crack. If a crack is found, this AD also requires replacing
the cracked TGB control lever with an airworthy TGB control lever.
Optional terminating actions for the inspection requirements of this AD
can be done by either replacing a TGB control lever with an airworthy
TGB control lever that is marked with an ``X'' near the part number or
stripping the rework area and dye-penetrant inspecting that area for a
crack, and if no crack is found, reworking and marking the TGB control
lever. If a crack is found, removing and replacing the cracked TGB
control lever with an airworthy TGB control lever is required. This AD
is prompted by several reports of cracking in a TGB control lever. The
actions specified by this AD are intended to prevent failure of the TGB
control lever, loss of tail rotor control, and subsequent loss of
control of the helicopter.
DATES: Effective September 2, 2010, to all persons except those persons
to whom it was made immediately effective by Emergency AD 2010-11-51,
issued on May 11, 2010, which contained the requirements of this
amendment.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 2, 2010.
Comments for inclusion in the Rules Docket must be received on or
before October 18, 2010.
ADDRESSES: Use one of the following addresses to submit comments on
this AD:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
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, Texas
75053-4005, telephone (800) 232-0323, fax (972) 641-3710, or at http://www.Eurocopter.com.
Examining the Docket: You may examine the docket that contains the
AD, any comments, and other information 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 Docket Operations office (telephone (800) 647-5527) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: J.R. Holton, Jr., Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Safety Management Group, 2601
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-4964, fax
(817) 222-5961.
SUPPLEMENTARY INFORMATION: On May 11, 2010, the FAA issued Emergency AD
2010-11-51 for the specified Eurocopter model helicopters, which
requires visually inspecting the TGB control lever for a crack. If a
crack is found, the AD requires replacing the cracked TGB control lever
with an airworthy TGB control lever. Optional terminating actions for
the inspection requirements of the AD can be done by either replacing a
TGB control lever with an airworthy TGB control lever that is marked
with an ``X'' near the part number or stripping the rework area and
dye-penetrant inspecting that area for a crack, and if no crack is
found, reworking and marking the TGB control lever. If a crack is
found, the AD requires removing and replacing the cracked TGB control
lever with an airworthy TGB control lever. The AD was prompted by
several reports of cracking in a TGB control lever, including an
accident involving a Eurocopter Model AS350B2 helicopter. An
investigation revealed that a few surface anomalies may lead to a crack
in the TGB control lever. This condition, if not corrected, could
result in failure of the TGB control lever, loss of tail rotor control,
and subsequent loss of control of the helicopter.
We have reviewed Eurocopter Emergency Alert Service Bulletin (EASB)
No. 05.00.62, for Model AS350 helicopters and EASB No. 05.00.57 for
Model AS355 helicopters. Both EASBs are Revision 1, dated April 23,
2010, and both describe procedures for a visual inspection of the TGB
control lever for a crack that must be performed after the last flight
of each day and prior to exceeding 10 flying hours for each inspection.
The EASBs also describe a rework procedure for affected TGB control
levers, which must be accomplished within 660 flying hours or no later
than June 30, 2011, or before installing an affected TGB control lever
on a helicopter. The one Eurocopter EASB contains four different
service bulletin numbers (Nos. 05.00.62, 05.00.57, 05.00.38, and
05.00.35) applicable to four different Eurocopter model helicopters.
EASB No. 05.00.38 relates to Eurocopter Model AS550 helicopters, and
EASB No. 05.00.35 relates to Eurocopter Model AS555 helicopters.
Eurocopter Model AS550 and AS555 helicopters are military models and
are not type-certificated in the United States. This AD does not
incorporate EASB No. 05.00.38 nor EASB No. 05.00.35.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for France, notified the FAA that an unsafe condition may exist
on these helicopter models. EASA advises of a crack discovered in a TGB
control lever, which could lead to a loss of tail rotor control and
subsequent loss of control of the helicopter. EASA classified the
service bulletin as mandatory and issued EASA Emergency AD No. 2010-
0082-E, dated April 27, 2010, to ensure the continued airworthiness of
these helicopters. The AD differs from EASA Emergency AD No. 2010-0082-
E as follows:
We include the Eurocopter Model AS350C and AS350D1
helicopters that may contain the affected TGB control lever;
We use the term ``hours time-in-service'' rather than
``flight hours'';
We do not require replacing the TGB control lever within
660 hours TIS or 14 months, but instead offer optional terminating
actions for the repetitive inspection requirements; and
We do not require you to contact Eurocopter if a crack is
found during any inspection.
These helicopter models are type certificated for operation in the
United States under the provisions of 14 CFR 21.29 and the applicable
bilateral agreement. Pursuant to the applicable bilateral agreement,
EASA has kept the FAA informed of the situation described. The FAA has
examined the findings of EASA, reviewed all available information, and
determined that AD action is necessary for products of these type
designs that are certificated for operation in the United States.
Since the unsafe condition described is likely to exist or develop
on other Eurocopter model helicopters of these same type designs, the
FAA issued Emergency AD 2010-11-51 to prevent failure of the TGB
control lever, loss of tail rotor control, and subsequent loss of
[[Page 50876]]
control of the helicopter. The AD requires within 10 hours time-in-
service (TIS) and thereafter at intervals not to exceed 10 hours TIS,
visually inspecting the TGB control lever for a crack. If a crack is
found, the AD requires replacing the cracked TGB control lever with an
airworthy TGB control lever before further flight. Optional terminating
actions for the inspection requirements of the AD can be accomplished
by either replacing a TGB control lever with an airworthy TGB control
lever that is marked with an ``X'' near the part number or stripping
the rework area and dye-penetrant inspecting that area for a crack, and
if no crack is found, reworking and marking the TGB control lever
before further flight. If a crack is found, removing and replacing the
cracked TGB control lever with an airworthy TGB control lever is
required before further flight. The actions must be done by following
the specified portions of the service bulletin described previously.
The short compliance time involved is required because the
previously described critical unsafe condition can adversely affect the
controllability and structural integrity of the helicopter. Therefore,
visually inspecting the TGB control lever for a crack is required
within 10 hours TIS replacing any cracked TGB is required before
further flight, and this AD must be issued immediately.
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual letters
issued on May 11, 2010, to all known U.S. owners and operators of the
specified Eurocopter model helicopters. These conditions still exist,
and the AD is hereby published in the Federal Register as an amendment
to 14 CFR 39.13 to make it effective to all persons.
The FAA estimates that this AD will affect 791 helicopters of U.S.
registry. The initial and repetitive inspections for a crack in the TGB
control lever will take a minimal amount of time. The average labor
rate is $85 per work hour. Replacing a control lever, will take about 3
work hours, and the required parts will cost about $2,103 per
helicopter. Based on these figures, we estimate the total cost of the
AD on U.S. operators to be $1,865,178, assuming the control lever is
replaced on the entire fleet. If you choose to dye-penetrant inspect,
remove, rework, and replace the lever, it will take about 5 work hours,
and the parts will cost about $20 per helicopter. Based on these
figures, we estimate the total cost of the AD on U.S. operators to be
$351,995, assuming no control levers are found cracked.
Comments Invited
This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any written data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2010-0782; Directorate
Identifier 2010-SW-053-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the AD. We will consider all
comments received by the closing date and may amend the AD in light 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
with FAA personnel concerning this AD. Using the search function of our
docket Web site, you can find and read the comments to any of our
dockets, including the name of the individual who sent the comment. You
may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).
Regulatory Findings
We have 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 above, I certify that the regulation:
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. See the AD docket to examine the economic evaluation.
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:
2010-11-51 Eurocopter France: Amendment 39-16396. Docket No. FAA-
2010-0782; Directorate Identifier 2010-SW-053-AD.
Applicability: Model AS350B, BA, B1, B2, C, D, and D1
helicopters and Model AS355E, F, F1, F2, and N helicopters, with a
tail gearbox (TGB) control lever, part number (P/N) 350A33-1058-00,
P/N 350A33-1058-01, P/N 350A33-1058-02, or P/N 350A33-1058-03, that
is not marked with an ``X'' near the P/N, installed, certificated in
any category.
Compliance: Required as indicated.
To detect cracking in a TGB control lever and prevent failure of
the TGB control lever, loss of tail rotor control, and subsequent
loss of control of the helicopter, accomplish the following:
(a) Within 10 hours time-in-service (TIS), unless accomplished
previously, and thereafter at intervals not to exceed 10 hours TIS,
visually inspect the affected TGB control
[[Page 50877]]
lever for cracking in accordance with the Accomplishment
Instructions, paragraph 2.B.1.a., in Eurocopter Emergency Alert
Service Bulletin (EASB) No. 05.00.62, Revision 1, dated April 23,
2010, for Model AS350 helicopters or EASB No. 05.00.57, Revision 1,
dated April 23, 2010, for Model AS355 helicopters.
(b) If a crack is found, before further flight, remove and
replace the cracked TGB control lever with an airworthy TGB control
lever in accordance with the Accomplishment Instructions, paragraph
2.B.2., in the EASB appropriate for your model helicopter.
(c) Either of the following options constitutes a terminating
action for the inspection requirements of this AD:
(1) Replace a TGB control lever with an airworthy TGB control
lever that is marked with an ``X'' near the P/N; or
(2) Strip the rework area ``B'' as shown in Figure 4 of each
EASB and perform a dye-penetrant inspection on that area for a
crack. If no crack is found, rework and mark the TGB control lever
in accordance with paragraph 2.B.3.b. of the EASB appropriate for
your model helicopter, except you are not required to contact
Eurocopter France. If a crack is found, before further flight,
remove and replace the cracked TGB control lever with an airworthy
TGB control lever in accordance with the Accomplishment
Instructions, paragraph 2.B.2., in the EASB.
Note 1: One Eurocopter EASB contains four different service
bulletin numbers but only portions of 2 EASBs are being
incorporated.
Note 2: Installing a reinforced TGB control lever, P/N 350A33-
1524-00 or P/N 350A33-1526-00, that does not need to be marked with
an ``X'' constitutes compliance with paragraph (c) of this AD.
(d) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Safety Management Group, FAA, ATTN: J.R.
Holton, Jr., Aviation Safety Engineer, ASW-112, 2601 Meacham Blvd.,
Fort Worth, Texas 76137, telephone (817) 222-4964, fax (817) 222-
5961, for information about previously approved alternative methods
of compliance.
(e) Special flight permits may be issued in accordance with 14
CFR 21.197 and 21.199 to operate the helicopter to a location where
the inspection requirements of paragraph (a) of this AD can be
accomplished.
(f) The Joint Aircraft System/Component (JASC) Code is 6720:
Tail Rotor Control System.
(g) Inspecting, replacing the control lever or removing,
reworking, and replacing the control lever shall be done in
accordance with the specified portions of Eurocopter Emergency Alert
Service Bulletin (EASB) No. 05.00.62, Revision 1, dated April 23,
2010, for Model AS350 helicopters or EASB No. 05.00.57, Revision 1,
dated April 23, 2010, for Model AS355 helicopters. The Director of
the Federal Register approved this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from American Eurocopter Corporation, 2701 Forum Drive,
Grand Prairie, Texas 75053-4005, telephone (800) 232-0323, fax (972)
641-3710, or at http://www.Eurocopter.com. Copies may be inspected
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas, 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:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(h) This amendment becomes effective on September 2, 2010, to
all persons except those persons to whom it was made immediately
effective by Emergency AD 2010-11-51, issued May 11, 2010, which
contained the requirements of this amendment.
Note 3: The subject of this AD is addressed in European Aviation
Safety Agency (France) Emergency AD No. 2010-0082-E, dated April 27,
2010.
Issued in Fort Worth, Texas, on August 2, 2010.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-19818 Filed 8-17-10; 8:45 am]
BILLING CODE 4910-13-P