[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Proposed Rules]
[Pages 66668-66670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26568]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0938; Directorate Identifier 2012-SW-057-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France (Eurocopter) 
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

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Eurocopter Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 
helicopters. This proposed AD would require repetitively inspecting 
frame number (No.) 9 for a crack. This proposed AD is prompted by a 
report of a crack in frame No. 9 on an AS365 helicopter. The proposed 
actions are intended to detect a crack and prevent loss of structural 
integrity and subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by January 6, 2014.

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 foreign 
authority's 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 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: 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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
No. 2012-0108-E, dated June 15, 2012 (AD 2012-0108-E), to correct an 
unsafe condition for Eurocopter Model SA 365 N, SA 365 N1, AS 365 N2, 
and AS 365 N3 helicopters with a frame No. 9 installed, if certain 
``doublers or repairs have been installed.'' EASA advises that a crack 
was discovered during the ``T'' inspection of an AS365 helicopter. The 
crack started at a rivet hole of a doubler that was installed on the 
frame No. 9 in accordance with Eurocopter Alert Service Bulletin (ASB) 
53.00.42, dated January 31, 2001. EASA further states that structural 
alteration of frame No. 9 by modifications or repairs can result in 
fatigue crack initiation under normal operational loads. According to 
EASA, this condition, if not corrected, could lead to crack propagation 
and failure of frame No. 9, which would adversely affect the structural 
integrity of the helicopter. For these reasons, AD 2012-0108-E requires 
repetitive inspections of frame No. 9 for a crack in the area of the 
doubler or any repair performed in the area of the latch support and 
stretcher support.

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 one Emergency ASB (EASB) with two numbers: 
EASB No. 05.00.63, Revision 1, dated June 18, 2012, for Model AS365 
helicopters and EASB No. 05.00.30, Revision 1, dated June 18, 2012, for 
Model AS565 helicopters. The EASB applies to helicopters with a frame 
No. 9 that has not been modified by modification (MOD) 07 53C17 or MOD 
07 53D02, and that has had doublers installed or repairs performed in 
accordance with certain service instructions. The EASB describes 
procedures to inspect the frame No. 9 for a crack, and for contacting 
Eurocopter for further procedures if there is a crack.

Proposed AD Requirements

    This proposed AD would require, for helicopters that have a No. 9 
frame that has had any repair or alteration made, within 10 hours time-
in-service (TIS) and every 110 hours TIS thereafter, inspecting the 
left-hand (LH) and right-hand (RH) frame No. 9 for a crack in the areas 
of the latch support and stretcher support with a 10X or higher power 
magnifying glass. For all other helicopters, this proposed AD would 
require this inspection within 110 hours TIS and every 110 hours TIS 
thereafter. If there is a crack, the proposed AD would require, before 
further flight, repairing the crack.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires contacting Eurocopter for repair instructions 
if there is a crack, and the proposed AD does not. The proposed AD 
would apply to all Eurocopter 365 helicopters, not just those that were 
altered or repaired in accordance with specific Eurocopter MODs.

Costs of Compliance

    We estimate that this proposed AD would affect 37 helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. At an average

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labor rate of $85 per hour, inspecting LH and RH frame No. 9 would 
require about 3 work-hours, for a cost per helicopter of $255 and a 
total cost to U.S. operators of $9,435 per inspection cycle. Repairing 
a cracked frame No. 9 would require about 20 work-hours, and required 
parts would cost about $10,000, for a cost per helicopter of $11,700.

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 proposed 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

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):

Eurocopter France Helicopters: Docket No. FAA-2013-0938; Directorate 
Identifier 2012-SW-057-AD.

(a) Applicability

    This AD applies to Eurocopter France (Eurocopter) Model SA-365N, 
SA-365N1, AS-365N2, and AS 365 N3 helicopters, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in frame number 
(No.) 9, which could result in failure of frame No. 9, loss of 
structural integrity, and subsequent loss of control of the 
helicopter.

(c) Comments Due Date

    We must receive comments by January 6, 2014.

(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 helicopters that have any repair or alteration to the 
frame No. 9, within 10 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 110 hours TIS, using a 10X or higher power 
magnifying glass, inspect the left-hand (LH) and right-hand (RH) 
frame No. 9 for a crack in the area of the latch support and 
stretcher support, as depicted in Figure 1 of Eurocopter AS365 
Emergency Alert Service Bulletin No. 05.00.63, Revision 1, dated 
June 18, 2012.
    (2) For all other helicopters, within 110 hours TIS and 
thereafter at intervals not to exceed 110 hours TIS, perform the 
inspection in paragraph (e)(1) of this AD.
    (3) If there is a crack, before further flight, repair the frame 
No. 9. Repairing a frame is not terminating action for the 
repetitive inspections required by paragraphs (e)(1) and (e)(2) of 
this AD.

(f) Special flight permit

    Special flight permits may be issued for up to 10 hours TIS and 
a maximum crack length of 80 mm.

(g) Alternative Methods of Compliance (AMOCs)

    (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.

(h) Additional Information

    (1) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) Emergency AD No. 2012-0108-E, dated June 15, 
2012. You may view the EASA AD on the Internet at http://www.regulations.gov in Docket number FAA-2013-0938.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 5300: Fuselage 
Structure (General).

    Issued in Fort Worth, Texas, on October 30, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-26568 Filed 11-5-13; 8:45 am]
BILLING CODE 4910-13-P