[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Proposed Rules]
[Pages 15791-15793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8467]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-SW-39-AD]


Airworthiness Directives; Eurocopter France Model AS 332C, L, and 
L1 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to Eurocopter France (Eurocopter) 
Model AS 332C, L, and L1 helicopters. This proposal would require 
initial and repetitive inspections of the tail rotor shaft flapping 
hinge retainers (retainers) for cracks. This proposal is prompted by a 
report of high vibrations occurring on a helicopter while in service 
due to a cracked retainer. The actions specified by the proposed AD are 
intended to detect cracks on the retainers that could lead to high tail 
rotor vibrations, loss of tail rotor control, and subsequent loss of 
control of the helicopter.

DATES: Comments must be received by May 1, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

[[Page 15792]]

Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 97-SW-39-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.

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, (817) 222-
5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-SW-39-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 97-SW-39-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.

Discussion

    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 Model AS 332C, L, and L1 
helicopters. The DGAC advises that cracking of the retainers could lead 
to high tail rotor vibrations, loss of tail rotor control, and 
subsequent loss of control of the helicopter.
    Eurocopter France has issued Eurocopter France Service Bulletin No. 
05.00.41, dated January 29, 1996, which specifies visually checking the 
entire outside area of the five flapping hinge retainers, part number 
330A33.3165.00, for cracks after the last flight of each day. If it 
cannot be determined by the visual inspection that no crack is present, 
the service bulletin also specifies that a dye penetrant crack 
detection inspection be performed. The DGAC classified this service 
bulletin as mandatory and issued DGAC AD 96-074-057(B), dated March 27, 
1996, 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 Model AS 332C, L, and L1 
helicopters of the same type design registered in the United States, 
the proposed AD would require a dye penetrant inspection of the 
retainers for cracks prior to the first flight of each day.
    The FAA estimates that 4 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 0.5 work 
hours per helicopter to accomplish each dye penetrant inspection, 2.0 
work hours to replace the retainer on each helicopter, and that the 
average labor rate is $60 per work hour. Required parts, if replacement 
of the retainers on the tail rotor blades is necessary, would cost 
approximately $56,900 per helicopter. Based on these figures, the total 
cost impact of the proposed AD on U.S. operators is estimated to be 
$252,080, assuming that the retainers on the tail rotor blades are 
replaced on all 4 helicopters and each helicopter is dye penetrant 
inspected 200 times per year.
    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Eurocopter France: Docket No. 97-SW-39-AD.

    Applicability: AS 332C, L, and L1 helicopters, with tail rotor 
shaft flapping hinge retainer, part number 330A33.3165.00, 
installed, 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

[[Page 15793]]

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 as indicated, unless accomplished 
previously.
    To detect cracks on a tail rotor shaft flapping hinge retainer 
(retainer) that could lead to high tail rotor vibrations, loss of 
tail rotor control, and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Prior to further flight, and thereafter before the first 
flight of each day, perform a dye penetrant inspection of each 
retainer for cracks.
    (b) If a crack is found on any retainer, replace it with an 
airworthy retainer.

    Note 2: Eurocopter Service Bulletin No. 05.00.41, dated January 
29, 1996, pertains to the subject 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 3: 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.

    Note 4: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD 96-074-057(B), dated March 
27, 1996.

    Issued in Fort Worth, Texas, on March 24, 1998.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 98-8467 Filed 3-31-98; 8:45 am]
BILLING CODE 4910-13-P