[Federal Register Volume 65, Number 179 (Thursday, September 14, 2000)]
[Rules and Regulations]
[Pages 55457-55458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23584]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-SW-39-AD; Amendment 39-11900; AD 2000-16-52]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS350B3 
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 Emergency Airworthiness Directive (AD) 2000-16-52 which was 
sent previously to all known U.S. owners and operators of Eurocopter 
France (ECF) Model AS350B3 helicopters by individual letters. This AD 
requires visually inspecting the heat shield attachment areas on the 
tail rotor drive shaft forward fairing (fairing) for a crack. This AD 
also requires, at specified time intervals, removing the fairing and 
inspecting the heat shield attachment areas on the fairing for a crack. 
If a crack is found, this AD requires replacing the fairing with an 
airworthy fairing. This amendment is prompted by an in-flight loss of 
the fairing heat shield due to cracking in the areas where the heat 
shield is attached to the fairing. The actions specified by this AD are 
intended to prevent an in-flight loss of the heat shield, impact with 
tail or main rotor blades, and subsequent loss of control of the 
helicopter.

DATES: Effective September 29, 2000, to all persons except those 
persons to whom it was made immediately effective by Emergency AD 2000-
16-52, issued on August 11, 2000, which contained the requirements of 
this amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before November 13, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2000-SW-39-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].

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: On August 11, 2000, the FAA issued Emergency 
AD 2000-16-52 for ECF Model AS350B3 helicopters which requires visually 
inspecting the heat shield attachment areas on the fairing for a crack. 
That Emergency AD also requires, at specified time intervals, removing 
the fairing and inspecting the heat shield attachment areas on the 
fairing for a crack. If a crack is found, the Emergency AD requires 
replacing the fairing with an airworthy fairing. That action was 
prompted by an in-flight loss of the fairing heat shield due to 
cracking in the areas where the heat shield is attached to the fairing. 
This condition, if not corrected, could result in an in-flight loss of 
the heat shield, impact with tail or main rotor blades, and subsequent 
loss of control of the helicopter.
    Since the unsafe condition described is likely to exist or develop 
on other ECF Model AS350B3 helicopters of the same type design, the FAA 
issued Emergency AD 2000-16-52 to prevent an in-flight loss of the heat 
shield, impact with tail or main rotor blades, and subsequent loss of 
control of the helicopter. The AD requires, before the first flight of 
each day, visually inspecting the heat shield attachment areas on the 
fairing for a crack. The AD also requires within 50 hours time-in-
service (TIS) and thereafter at intervals not to exceed 50 hours TIS, 
removing the fairing and inspecting the heat shield attachment areas on 
the fairing for a crack. If a crack is found, the AD requires replacing 
the fairing with an airworthy fairing. The short compliance time 
involved is required because the previously described critical unsafe 
condition can adversely affect the structural integrity and 
controllability of the helicopter. Therefore, the actions listed 
previously are required before the first flight of each day, 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 August 11, 2000 to all known U.S. owners and operators of ECF 
Model AS350B3 helicopters. These conditions still exist, and the AD is 
hereby published in the Federal Register as an amendment to section 
39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it 
effective to all persons.
    The FAA estimates that 22 helicopters of U.S. registry will be 
affected by this AD. It will take approximately 0.25 work hour per 
helicopter to inspect the fairing without removing it from the 
helicopter; and 2 work hours per helicopter to remove, inspect, and 
reinstall the fairing. The average labor rate is $60 per work hour. 
Required parts if the fairing needs to be replaced will cost 
approximately $1217 per helicopter. Based on these figures, the total 
cost impact of the AD on U.S. operators is estimated to be $13,530 per 
month, assuming 25 fairing inspections, 2 fairing removals and 
inspections, and no fairing replacements.

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 mailed 
comments submitted in response to this rule must submit a self-
addressed, stamped postcard on which the following statement is made:

[[Page 55458]]

``Comments to Docket No. 2000-SW-39-AD.'' The postcard will be date 
stamped and returned to the commenter.
    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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 FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort 
Worth, Texas.

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:

2000-16-52 Eurocopter France: Amendment 39-11900. Docket No. 2000-
SW-39-AD.

    Applicability: Model AS350B3 helicopters with tail rotor drive 
shaft forward fairing (fairing), part number 350A23-0032-09, 
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 
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 in-flight loss of a fairing heat shield, impact with 
tail or main rotor blades, and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Before the first flight of each day, visually inspect the 
fairing at the left and right side heat shield attachment areas 
(three on each side) for a crack. If a crack is found, replace the 
fairing with an airworthy fairing before further flight.
    (b) Within 50 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 50 hours TIS, remove the fairing and inspect 
the left, right, and top heat shield attachment areas (three on each 
side and three on top) for a crack. If a crack is found, replace the 
fairing with an airworthy fairing before further flight.

    Note 2: Eurocopter Service Telex No. 05.00.35, undated, 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, Regulations Group, 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, Regulations Group.

    Note 3: 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 will not be issued.
    (e) This amendment becomes effective on September 29, 2000, to 
all persons except those persons to whom it was made immediately 
effective by Emergency AD 2000-16-52, issued August 11, 2000, which 
contained the requirements of this amendment.

    Note 4: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD T2000-340-080(A), dated 
July 31, 2000, and AD 2000-340-080(A), dated August 9, 2000.


    Issued in Fort Worth, Texas, on September 5, 2000.
Henry A. Armstrong,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 00-23584 Filed 9-13-00; 8:45 am]
BILLING CODE 4910-13-P