[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Proposed Rules]
[Pages 38381-38383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18429]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0663; Directorate Identifier 2007-SW-25-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS 332 C, L, 
L1, and L2; AS 350 B3; AS 355 F, F1, F2, and N; SA 365 N and N1; AS 365 
N2 and N3; SA 366 G1; EC 130 B4; and EC 155B and B1 Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
specified model helicopters. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by the European 
Aviation Safety Agency (EASA), which is the Technical Agent for the 
Member States of the European Community. The MCAI states that the AD is 
issued following a manufacturing nonconformity found on one batch of 
the servo-control caps. With a defective servo-control, rotation of the 
distributor might not be stopped mechanically since only friction of 
inner seals holds the distributor sleeve in its position. The proposed 
AD actions are intended to address the unsafe condition created by a 
manufacturing nonconformity found on one batch of servo-control caps. 
If not corrected this condition could cause untimely movements of 
servo-controls, which are used on main and anti-torque rotors, and lead 
to the loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by September 2, 
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this proposed AD 
from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, 
TX 75053-4005, telephone (972) 641-3460, fax (972) 641-3527, or at 
http://www.eurocopter.com.
    Examining the Docket: You may examine the AD docket on the Internet 
at http://www.regulations.gov or in person at the Docket Operations 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the economic 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Uday Garadi, Aviation Safety Engineer, 
Regulations and Policy Group, FAA, Rotorcraft Directorate, Fort Worth,

[[Page 38382]]

Texas 76137, telephone (817) 222-5123, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0663; 
Directorate Identifier 2007-SW-25-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The EASA, which is the technical agent for Member States of the 
European Community, has issued EASA AD No. 2007-0099, dated April 11, 
2007 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for Eurocopter France Model AS 332 C, L, L1, and L2; AS 350 
B3; AS 355 F, F1, F2, and N; SA 365 N and N1; AS 365 N2 and N3; SA 366 
G1; EC 130 B4; and EC 155 B and B1 helicopters. The MCAI states that 
the AD is issued following a manufacturing nonconformity found on one 
batch of the servo-control cap, part number 800137. With a defective 
servo-control, rotation of the distributor might not be stopped 
mechanically since only friction of inner seals holds the distributor 
sleeve in its position. If not corrected this condition could cause 
untimely movements of servo-controls, which are used on main and anti-
torque rotors, and lead to the loss of control of the helicopter. You 
may obtain further information by examining the MCAI and service 
information in the AD docket.

Relevant Service Information

    Eurocopter has issued Alert Service Bulletin (ASB) No. 67.00.37 for 
Model AS 332 helicopters, ASB No. 67.00.40 for Model AS 350 
helicopters, ASB No. 67.00.28 for Model AS 355 helicopters, ASB No. 
67.00.13 for Model AS 365 and SA 365 helicopters, ASB No. 67.08 for 
Model SA 366 helicopters, ASB No. 67A010 for Model EC 130 helicopters, 
and ASB No. 67A010 for Model EC 155 helicopters, all Revision 0 and all 
dated February 19, 2007. Two of the ASBs have identical numbers and 
dates. There is a separate ASB No. 67A010 with the same date for the 
Model EC130 helicopter and the Model EC 155 helicopter. The actions 
described in the MCAI are intended to correct the same unsafe condition 
as that identified in the service information.

FAA's Determination and Proposed Requirements

    These helicopters have been approved by the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to our bilateral agreement with the State of Design Authority, 
we have been notified of the unsafe condition described in the MCAI and 
service information. We are proposing this AD because we evaluated all 
pertinent information and determined an unsafe condition exists and is 
likely to exist or develop on other products of the same type designs.

Differences Between This AD and the MCAI

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. However, our AD differs from the 
MCAI in that it:
     Is not applicable to the Model AS 332 C1 helicopters 
because they are not type certificated in the United States;
     Does not require returning the servo-controls to the 
manufacturer;
     Does not address servo-control ``spares'' (parts not 
installed on a helicopter);
     Uses the term ``inspect'' rather than ``check''; and
     Includes information explaining that there are 2 ASBs with 
the same number and date--ASB No. 67A010 for the Model EC130 B4 
helicopters and ASB No. 67A010 for the Model EC 155 B and B1 
helicopters.

Costs of Compliance

    We estimate that this proposed AD would affect about 318 
helicopters with 33 non-conforming control cap assemblies of U.S. 
registry. Also, we estimate that it would take about 1 work-hour to 
inspect each helicopter in the fleet and 4 work-hours per helicopter to 
remove and replace an unairworthy servo-control. The average labor rate 
is $80 per work-hour. A replacement cap assembly would cost $15,605. 
Based on these figures, we estimate the cost of the proposed AD on U.S. 
operators to be $550,965, or $1,733 per helicopter.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on helicopters identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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. 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.
    We prepared an economic evaluation of the estimated costs to comply 
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:


[[Page 38383]]


Eurocopter France: Docket No. FAA-2009-0663; Directorate Identifier 
2007-SW-25-AD.

Comments Due Date

    (a) We must receive comments by September 2, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Eurocopter France (Eurocopter) Model AS 
332 C, L, L1, and L2; AS 350 B3; AS 355 F, F1, F2, and N; SA 365 N 
and N1; AS 365 N2 and N3; SA 366 G1; EC 130 B4; and EC 155 B and B1 
helicopters, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that the AD is issued following a manufacturing nonconformity 
found on one batch of the servo-control cap, part number (P/N) 
800137. With a defective servo-control, rotation of the distributor 
might not be stopped mechanically since only friction of inner seals 
holds the distributor sleeve in its position. If not corrected this 
condition could cause untimely movements of servo-controls, which 
are used on main and anti-torque rotors, and lead to the loss of 
control of the helicopter.

Actions and Compliance

    (e) Within 2 months after the effective date of this AD, unless 
already done, do the following actions.
    (1) For each servo-control with a P/N and a serial number (S/N) 
listed in paragraph 1.A.1. of the applicable Eurocopter Alert 
Service Bulletin (ASB) stated in Table 1 of this AD, determine 
whether there is a letter ``R'' marked in the inspection box of the 
servo-control identification plate.
    (2) If there is no letter ``R'' marked in the inspection box of 
a servo-control identification plate, on the next removal of the 
servo-control, or not later than 2 years after the effective date of 
this AD, whichever occurs first, replace the servo-control with an 
airworthy servo-control that has an ``R'' marked in the inspection 
box of the servo-control identification plate or one with a serial 
number not listed in paragraph 1.A.1 of the ASB applicable to your 
model helicopter.


    Note 1: The letter ``R'' marked in the inspection box of the 
servo-control identification plate indicates that the servo-control 
cap assembly has been brought into conformity with design data and 
has been installed properly.


    (3) There are 2 identically numbered and dated ASBs. There is an 
ASB No. 67A010, dated February 19, 2007, that applies to the Model 
EC130B4 helicopters and an ASB No. 67A010, dated February 19, 2007, 
that applies to the Model EC 155B and B1 helicopters. You must use 
the ASB that applies to your model helicopter.

                                                     Table 1
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            For helicopter model                               Refer to paragraph 1.A.1 of ASB
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AS 332 C, L, L1, and L2....................  No. 67.00.37, dated February 19, 2007.
AS 350 B3..................................  No. 67.00.40, dated February 19, 2007.
AS 355 F, F1, F2, and N....................  No. 67.00.28, dated February 19, 2007.
AS 365 N and N1............................  No. 67.00.13, dated February 19, 2007.
SA 366 G1..................................  No. 67.08, dated February 19, 2007.
EC 130 B4..................................  No. 67A010, dated February 19, 2007.
EC 155B and B1.............................  No. 67A010, dated February 19, 2007.
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Differences between the FAA AD and the MCAI AD

    (f) This AD differs from the MCAI AD in that it:
    (1) Is not applicable to the Model AS 332 C1 helicopters because 
they are not type certificated in the United States;
    (2) Does not require returning the servo-controls to the 
manufacturer;
    (3) Does not address servo-control ``spares'' (parts not 
installed on a helicopter);
    (4) Uses the term ``inspect'' rather than ``check''; and
    (5) Includes information explaining that there are 2 ASBs with 
the same number and date.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, FAA, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19. 
Send information to ATTN: Uday Garadi, Aviation Safety Engineer, 
Regulations and Policy Group, Rotorcraft Directorate, FAA, Fort 
Worth, Texas 76137, telephone (817) 222-5123, fax (817) 222-5961.

Related Information

    (h) MCAI EASA Airworthiness Directive 2007-0099, dated April 11, 
2007, contains related information.

Joint Aircraft System/Component (JASC) Code

    (i) JASC Code 6700: Rotorcraft Flight Control.

    Issued in Fort Worth, Texas, on July 14, 2009.
Judy I. Carl,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-18429 Filed 7-31-09; 8:45 am]
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