[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]
[Proposed Rules]
[Pages 43734-43735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18253]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0774; Directorate Identifier 2010-SW-057-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France 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 
Eurocopter France (Eurocopter) Model AS350BA helicopters with certain 
AERAZUR emergency flotation gear container assemblies installed. This 
proposed AD would require replacing each affected emergency flotation 
gear container assembly (container assembly) at specified time limits 
based on the date of manufacture. This proposed AD is prompted by a 
recognition that container assemblies with an intended operating 
limitation of 10 years may not have been replaced because the limit is 
no longer recorded in the Maintenance Program. The proposed actions are 
intended to prevent failure of the emergency container assembly due to 
age and subsequent damage to the helicopter and injury to the occupants 
after an emergency water landing.

DATES: We must receive comments on this proposed AD by September 24, 
2012.

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.
    Examining the AD 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 service information identified in this proposed AD, contact 
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. You may review a copy of the service information at 
the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth, Texas 76137.

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

SUPPLEMENTARY INFORMATION

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued AD No. 
2008-0189, dated October 10, 2008, to correct an unsafe condition for 
the Eurocopter Model AS350BA helicopters with certain AERAZUR emergency 
flotation gear installed. EASA advises that the container assemblies 
have an operating life limit of 10 years from the date of manufacture. 
The EASA AD states that ``as of June 2006, this limit is no longer 
recorded in the Maintenance Program; therefore, after June 2006, 
container assemblies having already exceeded the 10-year limit could 
have not been replaced yet.'' The EASA AD also states that ``floating 
performance of a helicopter may prove to be insufficient in the event 
of ditching, in case of failure of a container assembly being operated 
beyond its operating time limit.''

FAA's Determination

    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, EASA has kept the FAA informed of the 
situation described above.
    We are proposing this AD because we evaluated all known relevant 
information and determined that an unsafe condition is likely to exist 
or develop on other products of the same type design.

Related Service Information

    Eurocopter has issued Alert Service Bulletin No. 25.01.02, dated 
September 24, 2008 (EASB), which specifies certain times measured from 
the date of manufacture to replace the container assemblies. EASA 
classified this EASB as mandatory and issued AD No. 2008-0189, dated 
October 10, 2008, to ensure the continued airworthiness of these 
helicopters.

Proposed AD Requirements

    This proposed AD would require determining the manufacturing date 
of each part-numbered container assembly, and depending on the date, 
replacing

[[Page 43735]]

the container assembly with an airworthy container assembly at 
specified times.

Differences Between This Proposed AD and the EASA AD

    We do not allow return of the container assemblies to the 
manufacturer for an inspection and extension of the life limit.

Costs of Compliance

    We estimate that this proposed AD would affect 85 helicopters of 
U.S. registry. We estimate that operators may incur the following costs 
in order to comply with this AD.
     It would take minimal time to determine the manufacturing 
date of the container and about \1/2\ work hour per helicopter to 
replace the container assemblies at an average labor rate of $85 per 
work hour.
     Required parts would cost about $21,775 for the left 
container assembly and $26,690 for the right container assembly per 
helicopter.
    Based on these figures, we estimate the total cost impact of the 
proposed AD on U.S. operators to be $485,075, assuming 10 helicopters 
require replacement of the right and left container assemblies.

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 products 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, 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);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. 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. Section 39.13 is amended by adding the following new 
airworthiness directive (AD):

Eurocopter France: Docket No. FAA-2012-0774; Directorate Identifier 
2010-SW-057-AD.

(a) Applicability

    This AD applies to Model AS350BA helicopters with AERAZUR left-
hand emergency flotation gear container assembly (container 
assembly), part number (P/N) 158170 or 158210-1, or right-hand 
container assembly, P/N 158171 or 158215-1, installed, certificated 
in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of the container 
assembly due to age and subsequent damage to the helicopter. This 
condition could result in injury to the occupants after an emergency 
water landing.

(c) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(d) Required Actions

    (1) Determine the manufacturing date of each part-numbered 
container assembly stamped on the cover of the identification plate.
    (2) Replace each container assembly with an airworthy container 
assembly as follows:
    (i) For a container assembly with a date of manufacture 12 or 
more years before the effective date of this AD, replace within 30 
days.
    (ii) For a container assembly with a date of manufacture 10 or 
more years and less than 12 years before the effective date of this 
AD, replace within 60 days.
    (iii) For a container assembly with a date of manufacture 9 or 
more years and less than 10 years before the effective date of this 
AD, replace before reaching 10 years and 60 days.
    (iv) For a container assembly with a date of manufacture less 
than 9 years before the effective date of this AD, replace before 
reaching 10 years.

(e) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Gary Roach, 2601 Meacham Blvd., 
Fort Worth, Texas 76137; telephone: 817-222-5130, fax: 817-222-5961, 
email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office before operating any aircraft 
complying with this AD through an AMOC.

(f) Additional Information

    (1) Eurocopter Alert Service Bulletin No. 25.01.02, dated 
September 24, 2008, which is not incorporated by reference, contains 
additional information about the subject of this AD. For service 
information identified in this AD, contact 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. You may review a copy of the service information 
at the FAA, Office of the Regional Counsel, Southwest Region, 2601 
Meacham Blvd., Room 663, Fort Worth, Texas 76137.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency AD No. 2008-0189, dated October 10, 2008.

(g) Subject

    Joint Aircraft Service Component (JASC) Code: 3212 Emergency 
Flotation Section.

    Issued in Fort Worth, Texas, on July 18, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-18253 Filed 7-25-12; 8:45 am]
BILLING CODE 4910-13-P