[Federal Register Volume 63, Number 49 (Friday, March 13, 1998)]
[Rules and Regulations]
[Pages 12408-12410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6449]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-SW-33-AD; Amendment 39-10390; AD 98-06-12]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS-350B, BA, 
B1, B2, and D Helicopters, and Model AS 355E, F, F1, F2, and N 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to Eurocopter France Model AS-350B, BA, B1, B2, and D 
helicopters, and Model AS 355E, F, F1, F2, and N helicopters. This 
action requires replacing certain tailboom attachment bolts located 
above the cargo compartment floor. This amendment is prompted by two 
reports of attachment bolts' strength properties not meeting design 
specifications during manufacture. The actions specified in this AD are 
intended to identify and remove the weaker bolts and to prevent the 
separation of the tailboom from the helicopter, and subsequent loss of 
control of the helicopter.

DATES: Effective March 30, 1998. Comments for inclusion in the Rules 
Docket must be received on or before May 12, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 97-SW-33-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Mathias, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5123, fax (817) 
222-5961.

SUPPLEMENTARY INFORMATION: The Direction Generale De L'Aviation Civile 
(DGAC) which is the airworthiness authority for France, recently 
notified the FAA that an unsafe condition may exist on Eurocopter 
France Model AS-350B, BA, B1, B2, and D helicopters, and Model AS 355E, 
F, F1, F2, and N helicopters. The DGAC advises that due to the 
discovery of the installation of tailboom attachment bolts in the 
affected model helicopters which do not meet metallurgical design 
requirements, replacement of certain attachment bolts is required 
within 100 flying hours.
    Eurocopter France has issued Eurocopter France Service Telex No. 
00031/00153/97, dated June 2, 1997 (Eurocopter France AS 350 Service 
Telex No. 01.00.46 and Eurocopter France AS 355 Service Telex No. 
01.00.43), which specifies checking the marking on the heads of the 23 
attachment bolts of the tailboom-to-aircraft junction located above the 
baggage compartment floor, and scrapping all attachment bolts that are 
marked with the letter ``M'' above the designation ``BC''; and, 
replacing the unairworthy attachment bolts with airworthy attachment 
bolts, in accordance with the special instructions given in Maintenance 
Manual (MET) work card 53.00.00.402, paragraph 4. Replacement bolts 
must be marked with a symbol other than the letter ``M''. The DGAC 
classified this service telex as mandatory and issued DGAC AD 97-147-
072(AB), and AD 97-146-054(AB), both dated July 16, 1997, in order to 
assure the continued airworthiness of these helicopters in France.
    This helicopter model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other Eurocopter France Model AS-350B, BA, B1, B2, 
and D helicopters, and Model AS 355E, F, F1, F2, and N helicopters of 
the same type design registered in the United States, this AD is being 
issued to require the removal of understrength tailboom attachment 
bolts to prevent separation of the tailboom, and subsequent loss of 
control of the helicopter. This AD requires removal and replacement of 
certain tailboom attachment bolts within 10 hours time-in-service for

[[Page 12409]]

helicopters that were delivered from the manufacturer prior to May 16, 
1997, or were overhauled prior to May 16, 1997, or had any tailboom 
attachment bolts, part number (P/N) 22201BC060008L, replaced after July 
1, 1994. If the helicopter meets either of those criteria, the AD 
requires an inspection of the marking on each of the 23 attachment 
bolts that are located above the baggage compartment floor, and 
replacement of any attachment bolt that is marked with the letter ``M'' 
above the designation ``BC'' on the head of the attachment bolts with 
an airworthy attachment bolt marked with a letter other than ``M''. The 
short compliance time involved is required because the previously 
described critical unsafe condition can adversely affect the structural 
integrity of the helicopter. Therefore, the replacement of the 
attachment bolts is required within 10 hours time-in-service, and this 
AD must be issued immediately.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-SW-33-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    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

    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]

    2. Section 39.13 is amended by adding a new airworthiness directive 
to read as follows:

AD 98-06-12  Eurocopter France: Amendment 39-10390. Docket No. 97-
SW-33-AD.

    Applicability: Model AS-350B, BA, B1, B2, and D helicopters, and 
Model AS 355E, F, F1, F2, and N helicopters, certificated in any 
category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For helicopters that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (c) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition, or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any helicopter from the applicability of this AD.

    Compliance: Required within 10 hours time-in-service (TIS), 
unless accomplished previously.
    To identify and remove the weaker bolts and to prevent the 
separation of the tailboom from the helicopter, and subsequent loss 
of control of the helicopter, accomplish the following:
    (a) For helicopters that either were delivered from the 
manufacturer with zero-time before May 16, 1997, were overhauled 
before May 16, 1997, or have had any tailboom attachment bolt 
(bolt), part number (P/N) 22201BC06008L, replaced after July 1, 
1994:
    (1) Inspect the markings on each of the 23 bolts located above 
the baggage compartment floor.
    (2) Remove any of the 23 bolts, P/N 22201BC06008L, that are 
marked with the letter ``M'' above the designation ``BC'' and 
replace each of them, one-by-one, with an airworthy bolt, P/N 
22201BC06008L, that is marked with a letter other than ``M''. Torque 
each replacement bolt to between 67 and 79 inch-lbs. using only new 
nuts.

    Note 2: These inspections and replacements are not required for 
helicopters that were delivered from the manufacturer with zero-time 
after May 15, 1997, were overhauled after May 15, 1997, and have had 
no bolt, P/N 22201BC06008L, replaced after July 1, 1994.
    Note 3: The inspection and replacement of the 4 bolts located 
below the baggage compartment are not required by this AD.
    Note 4: Eurocopter France AS 350 Service Telex No. 01.00.46, 
Eurocopter France AD 355 Service Telex No. 01.00.43, and Work Card 
53.00.00.402 pertain to this AD.

    (b) Replacement of all the bolts, P/N 22201BC06008L, with 
airworthy bolts

[[Page 12410]]

marked with a letter other than ``M'' constitutes terminating action 
for the requirements of this AD.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Rotorcraft Standards Staff, 
Rotorcraft Directorate, FAA. Operators shall submit their requests 
through an FAA Principal Maintenance Inspector, who may concur or 
comment and then send it to the Manager, Rotorcraft Standards Staff.

    Note 5: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Rotorcraft Standards Staff.

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the helicopter to a location where 
the requirements of this AD can be accomplished.
    (e) This amendment becomes effective on March 30, 1998.

    Note 6: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD 97-146-054(AB) and AD 97-
147-072(AB), both dated July 16, 1997.

    Issued in Fort Worth, Texas, on March 5, 1998.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 98-6449 Filed 3-12-98; 8:45 am]
BILLING CODE 4910-13-U