[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Rules and Regulations]
[Pages 63853-63855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24816]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0878; Directorate Identifier 2013-SW-033-AD; 
Amendment 39-17625; AD 2013-21-01]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France (Eurocopter) 
Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
Eurocopter Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, 
AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP 
helicopters. This AD requires certain inspections of each tail rotor 
pitch horn assembly (pitch horn) for a crack, and if there is a crack, 
before further flight, replacing the pitch horn with an airworthy pitch 
horn. This AD is prompted by a report of a crack in the yoke of a pitch 
horn. These actions are intended to detect a crack in the pitch horn to 
prevent failure of the pitch horn, loss of the anti-torque function, 
and subsequent loss of control of the helicopter.

DATES: This AD becomes effective October 25, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of October 25, 
2013.
    We must receive comments on this AD by December 24, 2013.

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 AD, the foreign authority's AD, 
any incorporated-by-reference service information, 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 AD, contact American 
Eurocopter Corporation, 2701 N. Forum 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.

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:

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, 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 resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, 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 them 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 rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    We are adopting a new AD for the specified Eurocopter helicopters. 
This AD requires visually inspecting each

[[Page 63854]]

pitch horn for a crack. This AD also requires, if there is a crack, 
before further flight, replacing the pitch horn with an airworthy pitch 
horn. This AD is prompted by a report of a crack in the yoke of a pitch 
horn. These actions are intended to detect a crack in the pitch horn to 
prevent failure of the pitch horn, loss of the anti-torque function, 
and subsequent loss of control of the helicopter.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
No. 2013-0133, dated June 28, 2013, to correct an unsafe condition for 
the Model AS350B, AS350BA, AS350BB, AS350B1, AS350B2, AS350B3, AS350D, 
AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters. EASA 
advises of an ongoing investigation of a crack in the yoke of a pitch 
horn for which a cause has not been determined. The EASA AD requires 
repetitive visual inspections of each pitch horn for a crack and 
replacing the pitch horn with a serviceable assembly if a crack is 
found. EASA states that its AD is an interim action and further action 
may follow.

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.

Related Service Information

    Eurocopter has issued one Emergency Alert Service Bulletin, 
Revision 1, dated June 25, 2013 (EASB), with four different numbers. 
EASB No.05.00.74 is for Models AS350B, B1, B2, B3, BA, and D; the non-
FAA type certificated Model AS350BB; and the non-FAA type certificated 
military Model AS350L1 helicopters. EASB No. 05.00.49 is for non-FAA 
type certificated military Models AS550A2, C2, C3, and U2 helicopters. 
EASB No. 05.00.65 is for Models AS355E, F, F1, F2, N, and NP 
helicopters. EASB No. 05.00.44 is for non-FAA type certificated 
military Model AS555AF, AN, SN, UF, and UN helicopters. Eurocopter has 
been informed of a case of a crack on the yoke of a pitch horn, which 
may lead to failure of the pitch horn, resulting in loss of the anti-
torque function. The EASB specifies a check for cracks on the yokes of 
the two pitch horns and specifies replacing any cracked pitch horn. The 
EASB states that it may be necessary to modify the log card of the tail 
rotor blade assembly due to some of the pitch horn part numbers being 
recorded incorrectly.

AD Requirements

    This AD requires:
     Based on the hours time-in-service, within a specified 
time, visually inspecting each pitch horn for a crack in the areas 
shown in Figure 1 of the EASB.
     If there is a crack, before further flight, replacing the 
pitch horn with an airworthy pitch horn.
     Before installing any pitch horn, P/N 350A121368, dye 
penetrant inspecting it for a crack.

Differences Between This AD and the EASA AD

    The EASA AD applies to Eurocopter Model AS350BB that does not have 
an FAA type certificate and therefore is not a part of this AD. The 
EASA AD does not apply to Eurocopter Model AS350C or the AS350D1, but 
this AD does because those models have an FAA type certificate and may 
have the applicable pitch horn installed. This AD requires a dye-
penetrant inspection before installing a pitch horn; the EASA AD does 
not. The EASA AD applies to parts with less than 135 hours TIS, while 
this AD does not. The EASA AD requires the pitch horn inspection to be 
repeated every 165 flight hours, and this AD does not.

Interim Action

    We consider this AD to be an interim action. If final action is 
later identified, we might consider further rulemaking then.

Costs of Compliance

    We estimate that this AD will affect 938 helicopters of U.S. 
Registry. We estimate that operators may incur the following costs to 
comply with this AD. Labor costs are estimated at $85 per work hour. We 
estimate .1 work hour to visually inspect a pitch horn for a total of 
$8.50 per helicopter and $7,973 for the fleet. We estimate 1 work hour 
to do a dye-penetrant inspection, for a total cost of $85 per 
helicopter. We estimate 1 work hour to replace a part if necessary, and 
a cost for required parts of $1,946, for a total cost of $2,031 per 
helicopter.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments before adopting these 
AD requirements would delay implementing the safety actions needed to 
correct this known unsafe condition. Therefore we find that the risk to 
the flying public justifies waiving notice and comment prior to 
adopting this rule because the corrective actions must be accomplished, 
for helicopters flying with parts with more than 155 hours TIS, within 
10 hours TIS, a short time period based on the average flight-hour 
utilization rate of these helicopters.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and contrary to 
the public interest and that good cause exists for making this 
amendment effective in less than 30 days.

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 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, 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);

[[Page 63855]]

    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):

2013-21-01 Eurocopter France: Amendment 39-17625; Docket No. FAA-
2013-0878; Directorate Identifier 2013-SW-033-AD.

(a) Applicability

    This AD applies to Eurocopter France (Eurocopter) Model AS350B, 
AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, 
AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters with tail 
rotor hub pitch horn (pitch horn) assembly, part number (P/N) 
350A121368.01, 350A121368.02, 350A121368.03, or 350A121368.04, with 
a pitch horn, P/N 350A121368.XX, where XX stands for two digit dash 
number, installed, certificated in any category. The pitch horn may 
be marked with either the pitch horn assembly P/N or pitch horn P/N.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the yoke of a 
pitch horn. This condition could result in failure of a pitch horn, 
loss of the anti-torque function, and subsequent loss of control of 
the helicopter.

(c) Effective Date

    This AD becomes effective October 25, 2013.

(d) 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.

(e) Required Actions

    (1) For parts with 135 to 155 hours time-in-service (TIS), 
before exceeding 165 hours TIS, or for parts with more than 155 
hours TIS, within 10 hours TIS, visually inspect each pitch horn for 
a crack in the areas shown in Figure 1 of Eurocopter Emergency Alert 
Service Bulletin (EASB) No. 05.00.74 or No. 05.00.65, both Revision 
1 and both dated June 25, 2013, as appropriate for your model 
helicopter.
    (2) If there is a crack, before further flight, replace the 
pitch horn with an airworthy pitch horn.
    (3) Do not install a pitch horn, P/N 350A121368 (any dash 
number), on any helicopter unless it has passed a dye penetrant 
inspection for a crack in the areas shown in Figure 1 of EASB No. 
05.00.74 or No. 05.00.65.

(f) Special Flight Permits

    Special flight permits are prohibited.

(g) 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.

(h) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) No. AD 2013-0133, dated June 28, 2013. You may view 
the EASA AD on the Internet at http://www.regulations.gov in Docket 
No. FAA-2013-0878.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6400 Tail Rotor.

(j) 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 Emergency Alert Service Bulletin No. 05.00.74, 
Revision 1, dated June 25, 2013.
    (ii) Eurocopter Emergency Alert Service Bulletin No. 05.00.65, 
Revision 1, dated June 25, 2013.

    Note to paragraph (j)(2): Eurocopter Emergency Alert Service 
Bulletin No. 05.00.74 and No. 05.00.65, both Revision 1 and both 
dated June 25, 2013, are co-published as one document along with 
Eurocopter Emergency Alert Service Bulletin No. 05.00.49 and No. 
05.00.44, both Revision 1 and both dated June 25, 2013, which are 
not incorporated by reference in this AD.

    (3) For Eurocopter service information identified in this AD, 
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, 
TX 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 October 7, 2013.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2013-24816 Filed 10-24-13; 8:45 am]
BILLING CODE 4910-13-P