[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Rules and Regulations]
[Pages 1521-1522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-368]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-41-AD; Amendment 39-13428; AD 2004-01-14]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model EC130B4 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
Eurocopter France (Eurocopter) Model EC130B4 helicopters with a certain 
air intake cowling attachment fitting (fitting) installed. This action 
requires inspecting for broken or cracked forward fittings. If a broken 
or cracked fitting is found, inspecting the four center and aft 
fittings for cracks is required. Replacing broken fittings or certain 
cracked fittings is also required. This amendment is prompted by 
reports of cracked and broken fittings; one fitting failed after only 
418 hours time-in-service (TIS). This condition, if not corrected, 
could result in failure of a forward fitting, an excess load on the 
other fittings, which could cause them to crack and break, which could 
result in loss of the air intake cowling in flight, and subsequent 
damage or loss of control of the helicopter, or both.

DATES: Effective January 26, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 26, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before March 8, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-41-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].
    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) 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: Ed Cuevas, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5355, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: The Direction Generale De L'Aviation Civile 
(DGAC), the airworthiness authority for France, notified the FAA that 
an unsafe condition may exist on Eurocopter Model EC130B4 helicopters 
with fittings, part number (P/N) 350A25-0405-00, -01, -02, -03, -04, 
and -05, installed. The DGAC advises that there have been cases of 
cracks and failures of fittings.
    Eurocopter France has issued Eurocopter Alert Service Bulletin No. 
53A004, dated September 11, 2003, which specifies inspecting the 
fittings for cracks and replacing failed fittings or those with more 
than 2 cracks or 1 crack that exceeds 10 mm in length. The alert 
service bulletin permits operators to stop-drill up to two cracks 
provided that no crack exceeds 10 mm in length and that the fitting is 
inspected every 20 flying hours, at the lastest. The DGAC classified 
this alert service bulletin as mandatory and issued AD 2003-358(A), 
dated October 15, 2003, to ensure 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 
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the 
applicable bilateral 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.
    This unsafe condition is likely to exist or develop on other 
helicopters of the same type design registered in the United States. 
Therefore, this AD is being issued to prevent failure of a forward 
fitting, an excess load on the other fittings, which could cause them 
to crack and break, which could result in loss of the air intake 
cowling in flight, and subsequent damage or loss of control of the 
helicopter, or both. This AD requires:
    [sbull] For helicopters with less than 100 hours TIS, inspecting 
the forward fittings no later than 110 hours TIS, then at intervals not 
to exceed 110 hours TIS;
    [sbull] For helicopters with 100 or more hours TIS, inspecting the 
forward fittings within the next 10 hours TIS, then at intervals not to 
exceed 110 hours TIS;
    [sbull] If one or two forward fittings are broken or cracked, 
inspecting the center and aft fittings for breaks or cracks before 
further flight;
    [sbull] If any fitting is broken, has a crack that exceeds 10 mm in 
length, or has more than 2 cracks, replacing the fitting with an 
airworthy fitting before further flight; and
    [sbull] For helicopters with one or more cracked fitting with no 
more than two cracks on each fitting, and each crack length is less 
than or equal to 10mm, stop-drilling the cracks and inspecting the 
fitting at intervals not to exceed 20 hours TIS.
    The actions must be done in accordance with the alert service 
bulletin described previously. The unsafe condition must be corrected 
in a very short time period because loss of an air intake cowling in 
flight can adversely affect the controllability or structural integrity 
of the helicopter. Therefore, the previously described actions are 
required, and this AD must be issued immediately. This AD is an interim 
action; Eurocopter is investigating to determine the cause of the 
cracked and failed fittings. Upon completion of that investigation, we 
may issue another AD with terminating action for the requirements of 
this AD.
    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 this AD will affect 28 helicopters and will 
take approximately 1 work hour to inspect the two forward fittings. If 
cracked or broken fittings are found, an additional 2 work hours will 
be required to inspect the center and aft fittings, and an additional 
0.5 work hour will be required to replace each cracked or broken 
fitting. We estimate that the average labor rate will be $65 per work 
hour. We estimate that forward fittings cost $240 each and center and 
aft fittings cost $225 each. The estimated total cost of the AD for 
each year will

[[Page 1522]]

be approximately $11,995, assuming that (1) The entire fleet is 
inspected 5 times per year, (2) cracked forward fittings are found on 
two helicopters during 2 inspections, (3) 2 forward and 2 center 
fittings are replaced on one helicopter, and (4) 2 forward, 2 center, 
and 2 aft fittings are replaced on the other helicopter.

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 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: 
``Comments to Docket No. 2003-SW-41-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 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

0
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

0
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]

0
2. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2004-01-14 Eurocopter France: Amendment 39-13428. Docket No. 2003-
SW-41-AD.

    Applicability: Eurocopter France Model EC130B4 helicopters with 
an air intake cowling forward attachment fitting (fitting), part 
number (P/N) 350A25-0405-00, -01, -02, -03, -04, and -05, installed, 
certificated in any category.
    Compliance: Required as indicated.
    To prevent failure of a forward fitting, an excess load on the 
other fittings, which could cause them to crack and break, which 
could result in loss of the air intake cowling in flight, and 
subsequent damage or loss of control of the helicopter, or both, 
accomplish the following:
    (a) Visually inspect the forward fittings for breaks or cracks 
by following paragraph 2.B.1. of the Operational Procedure in 
Eurocopter Alert Service Bulletin No. 53A004, dated September 11, 
2003 (ASB).
    (1) For helicopters with less than 100 hours time-in-service 
(TIS), inspect before the helicopter reaches 110 hours TIS, unless 
accomplished previously, and thereafter, at intervals not to exceed 
110 hours TIS.
    (2) For helicopters with 100 or more hours TIS, inspect within 
10 hours TIS, unless accomplished previously, and thereafter at 
intervals not to exceed 110 hours TIS.
    (b) If one or two forward fittings are broken or cracked, 
inspect the center and aft fittings for breaks or cracks before 
further flight by following paragraph 2.B.2.b. of the ASB.
    (c) Before further flight, replace any fitting that is broken or 
has more than two cracks, or any fitting with a crack that exceeds 
10 mm in length by following paragraph 2.B.2.c. of the Operational 
Procedure in the ASB.
    (d) For any cracked fitting that has no more than two cracks, 
and neither crack exceeds 10 mm in length, you are not required to 
replace that cracked fitting provided that you stop-drill each crack 
and re-inspect that fitting at intervals not to exceed 20 hours TIS. 
During a later inspection, if you discover that the fitting has 
failed, another crack has developed, or a stop-drilled crack has 
grown to exceed 10mm in length, replace the fitting before further 
flight.
    (e) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Safety Management Group, Rotorcraft Directorate, FAA, 
for information about previously approved alternative methods of 
compliance.
    (f) The inspections and replacements, if necessary, shall be 
done using Eurocopter Alert Service Bulletin No. 53A004, dated 
September 11, 2003. 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; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.
    (g) This amendment becomes effective on January 26, 2004.

    Note: The subject of this AD is addressed in Direction Generale 
De L'Aviation Civile (France) AD 2003-358(A), dated October 15, 
2003.


    Issued in Fort Worth, Texas, on December 31, 2003.
Kim Smith,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 04-368 Filed 1-8-04; 8:45 am]
BILLING CODE 4910-13-P