[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Proposed Rules]
[Pages 63262-63264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25429]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1087; Directorate Identifier 2009-SW-32-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 (ECF) Model AS332C, L, and L1 helicopters to require 
an initial and repetitive inspections of the outer skin, butt strap, 
and fuselage frame for a crack and modification of the helicopter. This 
proposed AD is prompted by an AD issued by the European Aviation Safety 
Agency (EASA), which is the Technical Agent for the Member States of 
the European Union, which states that a crack was discovered in a 
fuselage frame during a daily check. The proposed actions are intended 
to detect a crack, to prevent loss of airframe structural integrity and 
subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by December 17, 
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address 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, Texas 
75053-4005; telephone (800) 232-0323; fax (972) 641-3710; or at http://www.eurocopter.com. You may review the referenced 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, 
Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; 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

    EASA has issued EASA AD No. 2008-0035-E, dated February 21, 2008, 
to

[[Page 63263]]

correct an unsafe condition for ECF Model AS 332 C, C1, L, and L1 
helicopters.
    The EASA AD states that a crack was discovered on an ECF Model 
AS332L helicopter in fuselage frame 5295, which has plates and angles 
assembled by riveting that corresponds to the first generation frame 
(before modification (MOD) 0722907). The crack in the frame was found 
because of a crack in the outer skin and in the butt strap where the 
rail of the main gear box (MGB) sliding cowling is attached to the 
frame. You may obtain further information by examining the EASA AD and 
any related service information in the AD docket.

FAA's 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, its technical 
representative, has notified us of the unsafe condition described in 
its AD. 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. 05.00.76, Revision 
0, dated February 20, 2008 (ASB), which specifies checking for a crack 
on the outside of the helicopter, on the skin and the butt strap near 
the sliding cowling rail attachment. If a crack is found in the outer 
skin or butt strap, the ASB specifies visually checking for a crack in 
Frame 5295. The ASB specifies doing MOD 0726478R2, which consists of 
cutting out a section of the sliding cowling rails. This cut-out 
exposes the splice near the rail attachment holes, making it easier to 
detect a crack in the frame during the 10-hour repetitive inspection 
and thus reducing the risks of a crack going undetected in Frame 5295. 
Also, the ASB specifies contacting the manufacturer for the 
``appropriate repair sheet according to how the crack is situated'' if 
there is a crack in Area 1 of Frame 5295. EASA classified this ASB as 
mandatory and issued AD No. 2008-0035-E, dated February 21, 2008, to 
ensure the continued airworthiness of these helicopters.

Proposed AD Requirements

    This proposed AD would require compliance with specified portions 
of the manufacturer's service bulletin including:
     Within 10 hours time-in-service (TIS) for helicopters that 
have 8,800 or more hours TIS or before or upon reaching 8,810 hours TIS 
for helicopters that have less than 8,800 hours TIS, and thereafter at 
intervals not to exceed 10 hours TIS, visually inspect for a crack in 
the outer skin and the butt strap in the sliding cowling right-hand and 
left-hand rail attachment areas on Frame 5295.
    [cir] If there is a crack in the outer skin or in the butt strap, 
before further flight, inspect for a crack in Frame 5295.
    [cir] If there is a crack in the outer skin, butt strap, or Frame 
5295, repair the part before further flight.
     Within 300 hours TIS, modify each helicopter that has 
8,800 or more hours TIS by doing MOD 0726478R2 on the sliding cowling 
rails and shims in the attachment areas on Frame 5295.

Differences Between This Proposed AD and the EASA AD

    This proposed AD requires you to repair Frame 5295 before further 
flight rather than contacting the manufacturer. This proposal refers to 
a check as an inspection to be performed by a mechanic versus a check 
that a pilot can do if specifically allowed by the AD. This proposal 
also does not list the Model AS332C1 in the applicability because this 
model is not type certificated in the U.S. This proposed AD also does 
not allow further flight with the outer skin or butt strap cracked 
unless it is a ferry flight to a repair facility.

Costs of Compliance

    We estimate that this proposed AD would affect 5 helicopters of 
U.S. Registry. We estimate that it would take about 4.25 work-hours per 
helicopter to initially inspect for a crack and to modify the MGB 
sliding cowling rails. Each 10-hour repetitive inspection would take 
about 0.25 work-hour. The average labor rate is $85 per work-hour and 
required parts would cost about $1,793 per helicopter. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators 
would be $17,145 or $3,429 per helicopter, assuming 60 repetitive 
inspections would be performed each year and assuming the entire fleet 
is modified and no cracks are found.

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.

[[Page 63264]]

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Eurocopter France: Docket No. FAA-2012-1087; Directorate Identifier 
2009-SW-32-AD.

(a) Applicability

    This AD applies to all Model AS332C, L, and L1 helicopters 
without modification (MOD) 0722907, except helicopters with serial 
numbers 2078 and 2102, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the outer 
skin, butt strap, or fuselage frame, which could result in loss of 
airframe structural integrity, and subsequent loss of control of the 
helicopter.

(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) Within 10 hours time-in-service (TIS) for helicopters that 
have 8,800 or more hours TIS or before or upon reaching 8,810 hours 
TIS for helicopters that have less than 8,800 hours TIS, and 
thereafter at intervals not to exceed 10 hours TIS, visually inspect 
for a crack on the outer skin and the butt strap in the sliding 
cowling right-hand and left-hand rail attachment areas on Frame 5295 
as shown in Figure 2 of Eurocopter Alert Service Bulletin No. 
05.00.76, Revision 0, dated February 20, 2008 (ASB).
    (i) If there is a crack in the outer skin or in the butt strap 
per paragraph (d)(1) of this AD, before further flight, inspect for 
a crack in Frame 5295 in the areas shown in Figure 3, Area 1, and 
Figure 4, of the ASB.
    (ii) If there is a crack in the outer skin, the butt strap, or 
in Frame 5295 in the areas inspected as required by this AD, before 
further flight, repair the part in accordance with a method approved 
by the FAA.
    (2) Within 300 hours TIS, for each helicopter that has 8,800 or 
more hours TIS, modify the sliding cowling rails and shims in the 
attachment areas on Frame 5295 (corresponds to MOD 0726478R2), as 
depicted in Figure 5 and by following the Accomplishment 
Instructions, paragraph 2.B.3., of the ASB.

(e) Special Flight Permit

    A special flight permit is permitted for a helicopter with a 
crack in the outer skin or butt strap to operate the helicopter to a 
location where the requirements of this AD can be accomplished. A 
special flight permit is not permitted for a helicopter with a crack 
in Frame 5295.

(f) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Gary Roach, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; 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.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (France) AD No. 2008-0035-E, dated February 21, 2008.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5311, Fuselage, 
Main Frame.

    Issued in Fort Worth, Texas, on October 2, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-25429 Filed 10-15-12; 8:45 am]
BILLING CODE 4910-13-P