[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Proposed Rules]
[Pages 11556-11558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5521]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-33-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model SA-365N, SA-
365N1, AS-365N2, AS 365 N3, SA-366G1 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 (Eurocopter) Model SA-365N, SA-
365N1, AS-365N2, AS 365 N3, SA-366G1 helicopters that would have 
required inspecting the 9-degree frame flange (frame) for the correct 
edge distance of the four attachment holes for the stretcher support 
and for a crack, and repairing the frame, if necessary. That proposal 
was prompted by a quality control check that revealed some stretcher 
attachment holes were improperly located on the frame where there was 
insufficient edge distance. This action revises the proposed rule by 
requiring the same actions as the previous proposal, but adds recurring 
inspections and refers to an engineering report that lists approved 
U.S. alternative fasteners and materials that may be used in any 
required repairs. The actions specified by this proposed AD are 
intended to prevent failure of the frame due to a crack at the 
stretcher support attachment holes, loss of a passenger door, damage to 
the rotor system, and subsequent loss of control of the helicopter.

DATES: Comments must be received on or before May 10, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-33-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to

[[Page 11557]]

the Rules Docket at the following address: [email protected]. 
Comments may be inspected at the Office of the Regional Counsel between 
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
    The service information referenced in the proposed rule 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: Gary Roach, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort 
Worth, Texas 76193-0111, telephone (817) 222-5130, fax (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 document 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 mailed 
comments submitted in response to this proposal must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2001-SW-33-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an AD for Eurocopter Model SA-365N, SA-365N1, AS-
365N2, AS 365 N3, SA-366G1 helicopters was published in the Federal 
Register on December 18, 2002 (67 FR 77444). That proposal would have 
required, within 50 hours time-in-service (TIS), inspecting the frame 
for the correct edge distance of the four attachment holes of the 
stretcher support and for a crack, and repairing the frame, if 
necessary. The repair was to be approved by the Manager, Regulations 
Group, Rotorcraft Directorate, FAA. That NPRM was prompted by a quality 
control check that revealed some stretcher attachment holes were 
improperly located on the frame where there was insufficient edge 
distance. That condition, if not corrected, could result in failure of 
the frame due to a crack at the stretcher support attachment holes, 
loss of a passenger door, damage to the rotor system, and subsequent 
loss of control of the helicopter.
    Since the issuance of that NPRM, we have decided to allow the use 
of U.S.-available alternative fasteners and materials. Therefore, we 
determined that this proposal should reference an Addendum to 
Eurocopter France AS 365 Alert Service Bulletin 53.00.43, dated January 
31, 2001, that provides for use of U.S.-available alternative fasteners 
and materials. Additionally, we have determined that it is unnecessary 
to require installation of a reinforcing angle, and it has been 
replaced with a 550-hour repetitive inspection for those helicopters 
that have an edge distance on the frame of less than 5mm, are not 
cracked, and have not been repaired.
    Since this change expands the scope of the originally proposed 
rule, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.
    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. The 
regulation now includes material that relates to altered products, 
special flight permits, and alternative methods of compliance. Because 
we have now included this material in part 39, we no longer need to 
include it in each individual AD.
    The FAA estimates that 45 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours to visually inspect each helicopter and 10 work hours to repair 
an estimated 10 helicopters to correct edge distance only and 12 work 
hours to repair edge distance and cracks for an estimated 5 
helicopters, and that the average labor rate is $65 per work hour. 
Required parts would cost approximately $200 per helicopter for the 
repair of the 15 helicopters. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be $19,250, 
assuming each operator repairs the helicopter rather than performs the 
repetitive inspection.
    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 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. 2001-SW-33-AD.

    Applicability: Model SA-365N, SA-365N1, AS-365N2, AS 365 N3, and 
SA-366G1 helicopters, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the 9-degree frame flange (frame) due to a 
crack at the stretcher support attachment holes, loss of a passenger

[[Page 11558]]

door, damage to the rotor system, and subsequent loss of control of 
the helicopter, accomplish the following:
    (a) Within 50 hours time-in-service (TIS), measure the edge 
distance of each 9-degree frame at the four attachment holes of the 
stretcher support at Z2321 as shown in detail ``A'' of Figure 1 in 
Eurocopter France AS 365 Alert Service Bulletin 53.00.43, dated 
January 31, 2001, for the Models SA-365N, SA-365N1, AS-365N2, and AS 
365 N3 (365 ASB) or Eurocopter France AS 366 Alert Service Bulletin 
53.06, dated June 1, 2001, for the Model SA366G-1 (366 ASB) 
helicopters. Inspect the area around the attachment holes for a 
crack.
    (1) If the edge distance of all attachment holes is equal to or 
more than 5 mm (0.197 inch) and no crack is present, no further 
action is required by this AD.
    (2) If the edge distance is less than 5 mm and no crack is 
present, reinspect the area at intervals not to exceed 550 hours TIS 
and modify the frame no later than the next 500 hour inspection in 
accordance with paragraph 2.B.2. of the 365 ASB or 366 ASB, as 
appropriate.
    (3) If the frame is cracked, before further flight, repair the 
frame. Acceptable U.S. alternatives to the fasteners and materials 
needed to perform repairs or modifications are listed in American 
Eurocopter Engineering Report No. AEC/03R-E-005, ``Addendum ASB 
53.00.42 and 53.00.43 AS365'', dated January 29, 2003.
    (4) Modifying or repairing the frame constitutes terminating 
action for the requirements of this AD, which is attached to the 365 
ASB.
    (b) 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.

    Note:
    The subject of this AD is addressed in Direction Generale De 
L'Aviation Civile (France) AD No. 2001-283-025(A), dated July 11, 
2001, for Model SA366 helicopters, and AD No. 2001-061-053(A), dated 
February 21, 2001, for Model AS 365N, N1, N2, and N3 helicopters.



    Issued in Fort Worth, Texas, on March 4, 2004.
Kim Smith,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 04-5521 Filed 3-10-04; 8:45 am]
BILLING CODE 4910-13-P