[Federal Register Volume 65, Number 136 (Friday, July 14, 2000)]
[Proposed Rules]
[Pages 43720-43721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17839]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 65, No. 136 / Friday, July 14, 2000 / 
Proposed Rules  

[[Page 43720]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-35-AD]


Airworthiness Directives; Eurocopter France Model AS332C, L, and 
L1 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD) for Eurocopter France Model AS332C, L, and L1 
helicopters. That proposed AD would have required inspecting the 
horizontal stabilizer spar tube (spar tube) for corrosion, hardness, 
cracks, and scratches, and if necessary, replacing any unairworthy spar 
tube and bushing with an airworthy spar tube and bushing. That proposal 
was prompted by the loss of a horizontal stabilizer in flight due to a 
spar tube failure. This action revises the proposed AD by correcting 
the model number given in the applicability section. The actions 
specified by this proposed AD are intended to prevent failure of the 
spar tube, separation of the horizontal stabilizer and impact with the 
main or tail rotor, and subsequent loss of control of the helicopter.

DATES: Comments must be received on or before September 12, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-35-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137. You may also send comments electronically to 
the Rules Docket at the following address: [email protected]. 
Comments may be inspected at the Office of the Regional Counsel between 
9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed AD may be 
obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand 
Prairie, Texas 75053-4005, telephone (972) 641-3460, fax (972) 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.

FOR FURTHER INFORMATION CONTACT: Jim Grigg, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5490, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed AD 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 AD. 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 AD. 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 mailed 
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. 99-SW-35-AD.'' The postcard will be date 
stamped and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this Supplemental Notice of 
Proposed Rulemaking (NPRM) by submitting a request to the FAA, Office 
of the Regional Counsel, Southwest Region, Attention: Rules Docket No. 
99-SW-35-AD, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an AD for Eurocopter France Model AS332C, L, and L1 
helicopters was published as an NPRM in the Federal Register on March 
28, 2000 (65 FR 16352). That NPRM would have required inspecting any 
spar tube, part number (P/N) 330A13-2024-01, -02, -03, -04, installed 
on horizontal stabilizers, P/N's 332A13-1000-00, -01, -02, -03, and 
332A13-1040-00, -01, for corrosion, hardness, cracks, or scratches. The 
NPRM also would have required replacing the spar tube and bushing, as 
necessary, with an airworthy spar tube and bushing. That NPRM was 
prompted by the loss of a horizontal stabilizer in flight due to a spar 
tube failure. That condition, if not corrected, could result in failure 
of the spar tube, separation of the horizontal stabilizer and impact 
with the main or tail rotor, and subsequent loss of control of the 
helicopter.
    Since the issuance of that NPRM, the FAA discovered an error in the 
model number given in the applicability section of the proposed AD. The 
helicopter models that are affected are Model AS332C, L, and L1 
helicopters; the NPRM incorrectly listed Model AS322C, L, and L1 
helicopters.
    Since this change expands the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.
    The FAA estimates that 3 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 40 work 
hours per helicopter to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts would cost 
approximately $1,000 per helicopter. Based on these figures, the total 
cost impact of the proposed AD on U.S. operators is estimated to be 
$10,200.
    The regulations proposed herein would not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of

[[Page 43721]]

power and responsibilities among the various levels of government. 
Therefore, it is determined that this proposal would not have 
federalism implications under Executive Order 13132.
    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. 99-SW-35-AD.
    Applicability: Model AS332C, L, and L1 helicopters with 
horizontal stabilizer spar tube (spar tube), part number (P/N) 
330A13-2024-01, -02, -03, -04, installed on horizontal stabilizer, 
P/N 332A13-1000-00, -01, -02, -03 or 332A13-1040-00, -01, 
certificated in any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the spar tube, separation of the 
horizontal stabilizer and impact with the main or tail rotor, and 
subsequent loss of control of the helicopter, accomplish the 
following:
    (a) For helicopters on which the horizontal spar tube (spar 
tube) composite bushing (bushing), P/N 330A13-2024-31, has been 
replaced and since replacement has accumulated:
    (1) Less than 1400 hours time-in-service (TIS) or less than 30 
calendar months:
    (i) Prior to accumulating 1600 hours TIS or 32 calendar months, 
whichever occurs first, and thereafter at intervals not to exceed 
(NTE) 3000 hours TIS or 72 calendar months, whichever occurs first, 
inspect the spar tube in accordance with (IAW) the Accomplishment 
Instructions, paragraph 2.B.1.1 and 2.B.2. of Eurocopter France 
Service Bulletin No. 01.00.57, Revision 1, dated November 24, 1999 
(SB).
    (A) If the spar tube passes the hardness inspection of paragraph 
2.B.1.1 of the SB and the scratch, corrosion, and crack inspection 
of paragraph 2.B.2. of the SB, replace the bushing with a new 
bushing, before further flight.
    (B) If the spar tube fails either the hardness inspection of 
paragraph 2.B.1.1 of the SB or the scratch, corrosion, or crack 
inspection of paragraph 2.B.2. of the SB, replace the spar tube with 
an airworthy spar tube before further flight.
    (ii) Before installing any replacement spar tube that has 
previously been installed on any helicopter, inspect it IAW the 
Accomplishment Instructions, paragraphs 2.B.1.1 and 2.B.2. of the 
SB.
    (2) 1400 or more hours TIS or 30 or more calendar months:
    (i) Within 200 hours TIS or 2 calendar months, whichever occurs 
first, and thereafter at intervals NTE 3000 hours TIS or 72 calendar 
months, whichever occurs first, inspect the spar tube IAW the 
Accomplishment Instructions, paragraphs 2.B.1.1 and 2.B.2. of the 
SB.
    (A) If the spar tube passes the hardness inspection of paragraph 
2.B.1.1 of the SB and the scratch, corrosion, and crack inspection 
of paragraph 2.B.2 of the SB, replace the bushing with a new bushing 
before further flight.
    (B) If the spar tube fails either the hardness inspection of 
paragraph 2.B.1.1 of the SB or the scratch, corrosion, or crack 
inspection of paragraph 2.B.2 of the SB, replace the spar tube with 
an airworthy spar tube before further flight.
    (ii) Before installing any replacement spar tube that has 
previously been installed on any helicopter, inspect it IAW the 
Accomplishment Instructions, paragraphs 2.B.1.1 and 2.B.2. of the 
SB.
    (b) For all spar tubes:
    (1) With less than 7500 hours TIS or 144 calendar months since 
original installation:
    (i) Prior to accumulating 7500 hours TIS or 144 calendar months, 
remove the spar tube and inspect IAW the Accomplishment 
Instructions, paragraphs 2.B.1.1 and 2.B.2. of the SB.
    (ii) After accomplishing the requirements of paragraph (b)(1)(i) 
of this AD, install an airworthy spar tube before further flight. 
Before installing any replacement spar tube that has been previously 
installed in any helicopter, inspect it IAW the Accomplishment 
Instructions, paragraphs 2.B.1.1 and 2.B.2. of the SB.
    (2) With 7500 or more hours TIS or 144 or more calendar months 
since original installation:
    (i) Within 500 hours TIS or 12 calendar months, whichever occurs 
first, remove the spar tube and inspect IAW the Accomplishment 
Instructions, paragraphs 2.B.1.1 and 2.B.2. of the SB.
    (ii) After accomplishing the requirements of paragraph (b)(2)(i) 
of this AD, install an airworthy spar tube before further flight. 
Before installing any replacement spar tube that has been previously 
installed in any helicopter, inspect it IAW the Accomplishment 
Instructions, paragraph 2.B.1.1 and 2.B.2. of the SB.
    (3) After accomplishing the requirements of either paragraph 
(b)(1) or (b)(2) of this AD, as applicable, thereafter, at intervals 
NTE 7500 hours TIS or 144 calendar months, whichever occurs first, 
remove the spar tube and inspect IAW the Accomplishment 
Instructions, paragraphs 2.B.1.1 and 2.B.2. of the SB.
    (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, Regulations Group, Rotorcraft 
Directorate, FAA. Operators shall submit their requests through a 
FAA Principal Maintenance Inspector, who may concur or comment and 
then send it to the Manager, Regulations Group.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

    (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 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD 1999-039-073(A)R1, dated 
December 29, 1999.


    Issued in Fort Worth, Texas, on June 30, 2000.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 00-17839 Filed 7-13-00; 8:45 am]
BILLING CODE 4910-13-P