[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Rules and Regulations]
[Pages 65052-65054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31330]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-SW-17-AD; Amendment 39-10909; AD 98-24-23]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model SE.3160, 
SA.316B, SA.316C, and SA.319B 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 SE.3160, SA.316B, SA.316C, and 
SA.319B helicopters. This action requires inspecting certain horizontal 
stabilizer spar tubes and replacing them if cracks are found or 
repairing them if crazing, corrosion, fretting marks, or scratches are 
found and are repairable. This amendment is prompted by several service 
reports of spar tube corrosion and fatigue cracks discovered during 
normal maintenance inspections, which could cause loss of the 
horizontal stabilizer and subsequent loss of control of the helicopter.

DATES: Effective December 10, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 10, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before January 25, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 98-SW-17-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.
    The service information referenced in this AD may be obtained from 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 
75053-4005, telephone (972) 641-3460, fax (972)

[[Page 65053]]

641-3527. This information may be examined at the FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort 
Worth, Texas; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Shep Blackman, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5296, 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 SE.3160, SA.316B, SA.316C, and SA.319B helicopters. The 
DGAC advises that fatigue cracks in certain horizontal spar tubes have 
been reported originating at or near the airframe attaching fitting.
    Eurocopter France has issued Eurocopter France Service Bulletin 
05.84, Revision 2, dated December 19, 1997 (SB). The SB specifies 
inspections of horizontal stabilizer spar tubes, part numbers (P/N) 
3160.35.30.031.1 or .2, for fatigue cracks caused by corrosion or 
fretting and specifies a procedure to repair them if no cracks are 
present. The DGAC classified this SB as mandatory and issued AD 91-020-
049(A)R2, dated March 11, 1998, to assure the continued airworthiness 
of these helicopters in France.
    These helicopter models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
Sec. 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 Model SE.3160, SA.316B, SA.316C, and SA.319B 
helicopters of the same type design registered in the United States, 
this AD is being issued to prevent failure of the horizontal stabilizer 
due to fatigue cracks in the horizontal stabilizer spar tubes, P/N's 
3160.35.30.031.1 and .2, which could cause loss of the horizontal 
stabilizer and subsequent loss of control of the helicopter. The short 
compliance time involved is required because the previously described 
critical unsafe condition can adversely affect the controllability of 
the helicopter. Therefore, inspections of the horizontal stabilizer 
spar tubes for cracks are required within 50 hours time-in-service 
(TIS), 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.
    The FAA estimates that 66 helicopters of U.S. registry will be 
affected by this AD, that it will take 6 work hours per helicopter to 
accomplish the actions, and that the average labor rate is $60 per work 
hour. Required parts will cost approximately $1987 per helicopter. 
Based on these figures, the total cost impact of this AD on U.S. 
operators is estimated to be $154,902.

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. 98-SW-17-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, Incorporation by 
reference, 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 98-24-23  Eurocopter France: Amendment 39-10909. Docket No. 98-
SW-17-AD.

    Applicability: Model SE.3160, SA.316B, SA.316C, and SA.319B 
helicopters, certificated in any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability

[[Page 65054]]

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 (b) 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 prevent failure of the horizontal stabilizer due to a fatigue 
crack in a spar tube, Part Number (P/N) 3160.35.30.031.1 or .2, 
which could cause loss of control of the helicopter, accomplish the 
following:
    (a) Within 50 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 200 hours TIS or 12 calendar months, 
whichever comes first, using a 10-power or higher magnifying glass, 
visually inspect the horizontal stabilizer spar tubes, particularly 
the embedded areas adjacent to the left and right attach fittings in 
accordance with paragraph 1.C.1) through 5) of the Planning 
Information of Eurocopter France Service Bulletin 05.84, Revision 2, 
dated December 19, 1997 (SB).
    (1) If the inspection reveals a crack, before further flight, 
replace the spar tube with an airworthy spar tube in accordance with 
paragraph 1.C.7) of the SB.
    (2) If the inspection reveals any crazing (fine cracking in the 
paint), before further flight, remove the paint by rubbing with 200 
grit abrasive paper down to bare metal and inspect the spar tube in 
accordance with paragraphs 1.C.5) and 1.C.6) a) of the SB.
    (3) If corrosion pitting, fretting marks, or scratches are 
found, before further flight, inspect in accordance with paragraphs 
1.C.4), 1.C.5), and 1.C.6)a) and c).
    (4) If any corrosion pit equals or exceeds 0.5 mm in diameter or 
if a crack is found as a result of the dye penetrant inspection 
specified in paragraph 1.C.6)(a) of the SB, before further flight, 
replace the spar tube with an airworthy spar tube in accordance with 
paragraph 1.C.7) of the SB.
    (5) If pits are less than 0.5mm in diameter or corrosion, 
fretting, or scratches are repairable, before further flight, repair 
the spar tube in accordance with paragraph 1.C.6) and reinstall the 
spar tube in accordance with paragraph 1.C.7) of the SB.
    (6) If no corrosion pitting, fretting marks, scratches or 
crazing are found, reinstall the spar tube in accordance with 
paragraph 1.C.7) of the SB.
    (b) 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Rotorcraft Standards Staff.

    (c) 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.
    (d) The inspection, replacement and repair shall be done in 
accordance with Eurocopter France Service Bulletin 05.84, Revision 
2, dated December 19, 1997. This incorporation by reference was 
approved by the Director of the Federal Register 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 (972) 641-3460, fax (972) 641-3527. 
Copies may be inspected at the FAA, Office of the Regional Counsel, 
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 
76137; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on December 10, 1998.

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD 91-020-049(A)R2 dated 
March 11, 1998.

    Issued in Fort Worth, Texas, on November 17, 1998.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 98-31330 Filed 11-24-98; 8:45 am]
BILLING CODE 4910-13-U