[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Rules and Regulations]
[Pages 25367-25369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09437]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0631; Directorate Identifier 2011-SW-021-AD; 
Amendment 39-17282; AD 2012-25-01]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
Eurocopter France Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, 
AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2, AS355N, and 
AS355NP helicopters with certain Aerazur emergency flotation gear 
attachment brackets (brackets) installed. This AD requires an initial 
and recurring inspection of the brackets for a crack, and if there is a 
crack, replacing the cracked bracket with an airworthy bracket. This AD 
was prompted by reports of cracks on the brackets. The actions of this 
AD are intended to prevent failure of the emergency flotation system 
and loss of float stability in the event of a water landing.

DATES: This AD is effective June 5, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of June 5, 2013.

ADDRESSES: For service information identified in this AD, contact 
American Eurocopter Corporation, 2701 N. Forum

[[Page 25368]]

Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-
0323; fax (972) 641-3775; or at http://www.eurocopter.com/techpub. 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.

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 AD, any incorporated-by-reference 
service information, the economic evaluation, any comments received, 
and other information. The street address for the Docket Operations 
Office (phone: 800-647-5527) is U.S. Department of Transportation, 
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On June 18, 2012, at 77 FR 36216, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 to include an AD that would apply to Eurocopter France 
Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, 
AS350D1, AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP 
helicopters with a bracket, part number (P/N) 158172, 158173, 158288, 
or 158289, installed. That NPRM proposed to require an initial and 
recurring inspection of the brackets for a crack, and if there was a 
crack, replacing the cracked bracket with an airworthy bracket. The 
proposed requirements were intended to prevent failure of the emergency 
flotation system and loss of float stability in the event of a water 
landing.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, issued EASA AD No. 
2011-0072, dated April 20, 2011 (AD 2011-0072), to correct an unsafe 
condition for the Eurocopter AS350B, AS350BA, AS350BB, AS350B1, 
AS350B2, AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, and 
AS355NP helicopters with Aerazur emergency flotation gear attachments 
installed. EASA stated it received several reports of cracks being 
found on the brackets which appear to be caused by stress corrosion. 
This condition, if not corrected, could result in ``rupture of the 
emergency flotation gear attachment brackets'' during a water landing. 
The helicopter's float stability could no longer be ensured, possibly 
resulting in damage to the helicopter and injury to the occupants. 
EASA's AD requires an initial inspection of the brackets, replacement 
of any brackets found with cracks, and re-inspection of the brackets 
every 13 months.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we received no comments on the NPRM (77 FR 36216, June 18, 
2012).

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 
the EASA 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 and that air safety and the public interest require 
adopting the AD requirements as proposed except we are incorporating a 
figure by reference instead of including it in our AD to meet current 
publication requirements. This change is consistent with the intent of 
the proposals in the NPRM (77 FR 36216, June 18, 2012) and will not 
increase the economic burden on any operator nor increase the scope of 
the AD.

Interim Action

    We consider this AD interim action. Eurocopter is developing a 
modification that will address the unsafe condition identified in this 
AD. Once this modification is developed, approved, and available, we 
might consider additional rulemaking.

Differences Between This AD and the EASA AD

    Differences between this AD and the EASA AD include:
     The EASA AD applies to Eurocopter Model AS 350 BB 
helicopters. This AD does not as this model is not type certificated by 
the FAA. Additionally, the EASA AD excludes Eurocopter Models AS350C 
and AS350D1, whereas this AD includes them.
     The EASA AD mandates different compliance times depending 
on the manufacture date of the helicopter. We mandate inspecting all 
helicopters within 110 hours TIS or 3 months, whichever occurs first, 
regardless of date of manufacture.
     This AD does not require returning cracked brackets to the 
manufacturer.

Related Service Information

    Eurocopter issued Alert Service Bulletin (ASB) No. AS350-05.00.63, 
Revision 1, dated April 18, 2011, and ASB No. AS355-05.00.58, Revision 
1, dated April 18, 2011. These ASBs specify procedures to inspect the 
front and rear brackets at regular intervals. EASA classified these 
ASBs as mandatory and issued EASA AD 2011-0072 to ensure the continued 
airworthiness of these helicopters.

Costs of Compliance

    We estimate that this AD will affect 733 helicopters of U.S. 
Registry and that labor rates will average $85 an hour. Inspecting the 
brackets will take about 4 work-hours per inspection cycle for a labor 
cost of $340 per helicopter and $249,220 for the U.S. fleet. Replacing 
the bracket, if needed, will require about 1 work-hour and about $1,130 
for the parts. Thus, the total cost to replace one bracket will be 
about $1,215.

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

    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

[[Page 25369]]

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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2012-25-01 Eurocopter France: Amendment 39-17282; Docket No. FAA-
2012-0631; Directorate Identifier 2011-SW-021-AD.

(a) Applicability

    This AD applies to Eurocopter France Model AS350B, AS350BA, 
AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, AS355F, 
AS355F1, AS355F2, AS355N, and AS355NP helicopters with an Aerazur 
emergency flotation gear attachment bracket, part number 158172, 
158173, 158288, or 158289, installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in an attachment 
bracket of the emergency flotation gear. This condition could result 
in failure of the emergency flotation system and loss of float 
stability in the event of a water landing.

(c) Effective Date

    This AD becomes effective June 5, 2013.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless accomplished 
previously.

(e) Required Actions

    Within 110 hours time-in-service or 3 months, whichever occurs 
first, and thereafter at intervals not to exceed 13 months:
    (1) Using a 5X or higher power magnifying glass, visually 
inspect the front emergency floatation gear attachment bracket, 
section B-B, item (e) in Areas F, G, and H of Figure 1 of Eurocopter 
Alert Service Bulletin No. AS350-05.00.63 or No. AS355-05.00.58, 
both Revision 1, and both dated April 18, 2011, as applicable to 
your model helicopter (ASB); and the rear emergency flotation gear 
attachment bracket, section A-A, item (a) in Areas D and E of Figure 
1 of the ASB, for a crack.
    (2) If there is a crack, replace the cracked emergency 
floatation gear attachment bracket with an airworthy emergency 
floatation gear attachment bracket prior to reinstallation of the 
emergency flotation equipment.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, 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 AD No. 2011-0072, dated April 20, 2011.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2560, Emergency 
Equipment.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Eurocopter Alert Service Bulletin (ASB) No. AS350-05.00.63, 
Revision 1, dated April 18, 2011.
    (ii) Eurocopter ASB No. AS355-05.00.58, Revision 1, dated April 
18, 2011.
    (3) For Eurocopter service information identified in this AD, 
contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand 
Prairie, Texas 75052; telephone (972) 641-0000 or (800) 232-0323; 
fax (972) 641-3775; or at http://www.eurocopter.com/techpub.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137. For information on the availability of this 
material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on April 12, 2013.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2013-09437 Filed 4-30-13; 8:45 am]
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