[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Rules and Regulations]
[Pages 68169-68171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27972]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1082; Directorate Identifier 2009-SW-041-AD; 
Amendment 39-16491; AD 2010-23-02]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France (Eurocopter) Model 
SA-365N, SA-365N1, AS-365N2, and AS 365 N3 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
the

[[Page 68170]]

specified Eurocopter model helicopters. This action requires amending 
the Limitations section of the Rotorcraft Flight Manual (RFM) to limit 
the never-exceed velocity (VNE) to 150 Knots Indicated Air Speed (KIAS) 
and to add a 1,500 ft/minute rate of descent (R/D) limitation beyond 
140 KIAS. This action also requires installing one or more placards on 
the cockpit instrument panel in full view of the pilot and co-pilot. 
This amendment is prompted by failures of the horizontal stabilizers on 
recently delivered Model AS 365 N3 helicopters. Tests indicate that the 
failures were due to a vibration phenomenon that may arise during the 
descent flight phases at high speed regardless of the stabilizer 
installed. The actions specified in this AD are intended to restrict 
the VNE, to prevent failure of the horizontal stabilizer, and 
subsequent loss of control of the helicopter.

DATES: Effective November 22, 2010.
    Comments for inclusion in the Rules Docket must be received on or 
before January 4, 2011.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
     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 AD from 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX 
75053-4005, telephone (800) 232-0323, fax (972) 641-3710, or at http://www.eurocopter.com.
    Examining the Docket: You may examine the docket that contains the 
AD, any comments, and other information 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 Docket Operations office (telephone (800) 647-5527) is 
located in Room W12-140 on the ground floor of the West Building at the 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Guidance Group, 2601 
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5130, fax 
(817) 222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Emergency AD No. 2008-0204-E, dated December 4, 2008, to correct an 
unsafe condition for the specified Eurocopter model helicopters. EASA 
advises that Eurocopter has received reports of failed horizontal 
stabilizers on recently delivered AS 365 N3 helicopters. The failures 
occurred during acceptance test and training flights as part of the 
demonstration of the VNE and resulted in in-flight separation and loss 
of the failed sections. In each case, the helicopters succeeded in 
returning to base with no further problems. Tests conducted on the 
helicopter and in the laboratory have revealed the reported incidents 
were due to a vibration phenomenon that may arise in the descent flight 
phases at high speed ``regardless of the stabilizer definition.'' 
Although EASA AD 2008-0110-E, dated June 6, 2008, which is superseded 
by EASA AD 2008-0204-E, dated December 4, 2008, applied to the Model 
SA-336G1, EASA states that the stabilizer assembly procedure on SA-
366G1 helicopters modifies the dynamic behavior of the stabilizer. 
Since an unsafe condition does not exist on that helicopter, the SA-
366G1 has been deleted from the EASA AD applicability.

Related Service Information

    Eurocopter has issued an Emergency Alert Service Bulletin (EASB) 
with 3 numbers (01.00.60, 01.00.16, and 01.28), Revision 1, dated 
December 2, 2008. EASB No. 01.00.60 applies to U.S. type-certificated 
Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters and also 
to military Model AS365F, Fs, Fi, and K helicopters that are not type 
certificated in the United States. EASB No. 01.00.16 applies to 
military Model AS565AA, MA, MB, SA, SB, and UB helicopters that are not 
type certificated in the United States. EASB 01.28 applies to the Model 
SA-366G1 helicopter. The EASB specifies bonding one or more locally-
produced labels to the instrument panel stating that the VNE is limited 
to 150 KIAS and the R/D must not exceed 1,500 ft/min beyond 140 KIAS. 
Eurocopter states in the EASB that it is working on an enhanced 
definition that will be proposed as soon as possible. EASA classified 
this EASB as mandatory and issued Emergency AD No. 2008-0204-E, dated 
December 4, 2008, to ensure the continued airworthiness of these 
helicopters.

FAA's Evaluation and Unsafe Condition Determination

    These helicopters have been approved by the aviation authority of 
France and are approved for operation in the United States. Pursuant to 
our bilateral agreement with France, EASA, their technical 
representative, has notified us of the unsafe condition described in 
the MCAI AD. We are issuing this AD because we evaluated all 
information provided by EASA and determined the unsafe condition exists 
and is likely to exist or develop on other helicopters of these same 
type designs.

Differences Between This AD and the EASA AD

    This AD uses a compliance time of before further flight rather than 
before next flight after June 7, 2008, as stated in the EASA AD.

FAA's Determination and Requirements of This AD

    This unsafe condition is likely to exist or develop on other 
helicopters of these same type designs. Therefore, this AD is being 
issued to restrict the VNE to prevent failure of the horizontal 
stabilizer and subsequent loss of control of the helicopter. This AD 
requires amending the Limitations section of the RFM to limit the VNE 
to 150 KIAS and to add a 1,500 ft/minute R/D limitation for airspeeds 
beyond 140 KIAS. This action also requires installing one or more 
placards on the cockpit instrument panel in full view of the pilot and 
co-pilot stating the limitations. The change to the Operating 
limitation section of the RFM may be made in pen and ink or a copy of 
this AD may be filed in the Limitations section of the RFM.
    The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
controllability and structural integrity of the helicopter. Amending 
the Limitations section of the RFM to limit the VNE to 150 KIAS and 
adding a 1,500 ft/minute R/D limitation beyond 140 KIAS are required 
before further flight and installing one or more placards on the 
cockpit instrument panel is required. Therefore, this AD must be issued 
immediately.
    Since a situation exists that requires the immediate adoption of 
this

[[Page 68171]]

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.

Costs of Compliance

    We estimate that this AD will affect about 39 helicopters of U.S. 
registry. We also estimate that it will take about \l/2\ work-hour per 
helicopter to make copies to include in the RFM and to make and install 
the placards. The average labor rate is $85 per work-hour. The parts 
costs are minimal. Based on these figures, we estimate the cost of this 
AD on U.S. operators is $1,658 for the fleet.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any written data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2010-1082; Directorate 
Identifier 2009-041-SW-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of the AD. We will consider all 
comments received by the closing date and may amend the AD in light of 
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 
with FAA personnel concerning this AD. Using the search function of the 
docket web site, you can find and read the comments to any of our 
dockets, including the name of the individual who sent the comment. You 
may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78).

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the 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 AD. See the AD docket to examine the economic evaluation.

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 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 products identified in this 
rulemaking action.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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:

2010-23-02 Eurocopter France: Amendment 39-16491; Docket No. FAA-
2010-1082; Directorate Identifier 2009-SW-041-AD.

    Applicability: Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3-
helicopters, with a horizontal stabilizer, part number 365A13-3030-
1901, -1902, -1903, -1904, -1905, -1906, -1908, -1909; 365A13-3036-
00, -0001, -0002, -0003; or 365A13-3038-00, installed, certificated 
in any category.
    Compliance: Before further flight, unless accomplished 
previously.
    To restrict the never-exceed velocity (VNE) to prevent failure 
of the horizontal stabilizer, and subsequent loss of control of the 
helicopter, do the following:
    (a) Revise the airspeed operating limitation in the Limitations 
section of the Rotorcraft Flight Manual (RFM) by making pen and ink 
changes or by inserting a copy of this AD into the RFM stating: 
``The never-exceed speed (VNE) is limited to 150 knots indicated 
airspeed (KIAS),'' and ``The rate-of-descent (R/D) must not exceed 
1,500 ft/min when the airspeed is beyond 140 KIAS.''
    (b) Install one or more self-adhesive placards, with 6 
millimeter red letters on white background, on the cockpit 
instrument panel in full view of the pilot and co-pilot to read as 
follows:
    ``VNE LIMITED TO 150 KIAS''
    ``R/D MUST NOT EXCEED 1,500 ft/min when airspeed is beyond 140 
KIAS''
    (c) 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 Manager Safety Management Group: ATTN: Gary Roach, 
Aerospace Engineer, FAA, Regulations and Policy Group, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone: (817) 222-5130; fax: 817-
222-5961, for information about previously approved alternative 
methods of compliance.
    (d) The Joint Aircraft System/Component (JASC) Code is 5510: 
Horizontal Stabilizer Structure.
    (e) This amendment becomes effective on November 22, 2010.

    Note: The subject of this AD is addressed in European Aviation 
Safety Agency Emergency AD No. 2008-0204-E, dated December 4, 2008, 
and in Eurocopter Emergency Alert Service Bulletin No. 01.00.60, 
Revision 1, dated December 2, 2008, for the Model AS365N series 
helicopters.


    Issued in Fort Worth, Texas, on October 15, 2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-27972 Filed 11-4-10; 8:45 am]
BILLING CODE 4910-13-P