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[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9777-9779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02581]

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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / 
Rules and Regulations

[[Page 9777]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0075; Directorate Identifier 2012-SW-104-AD; 
Amendment 39-17336; AD 2013-03-02]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

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

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are superseding an existing airworthiness directive (AD) 
for Eurocopter France (Eurocopter) Model EC 155B, EC155B1, SA-365N1, 
AS-365N2 and AS 365 N3 helicopters. That AD currently requires 
inspecting certain tail rotor hubs (TRH) for a crack and removing any 
cracked TRH. This AD requires the same actions but adds more part 
numbers to the list of affected TRHs. This AD is prompted by further 
analysis that indicates that additional part-numbered TRHs must be 
inspected for cracks. The actions specified by this AD are intended to 
detect a crack in the TRH and prevent the tail rotor from jamming, 
which could lead to reduced or loss of control of the helicopter.

DATES: This AD becomes effective February 27, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of February 27, 
2013.
    We must receive comments on this AD by April 15, 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 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, Standards Staff, Rotorcraft Directorate, FAA, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone 817-222-5328; email 
robert.grant@faa.gov.

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

    On September 14, 2012, we issued AD 2012-19-09, Amendment 39-17204 
(77 FR 58925, September 25, 2012), for Eurocopter Model EC 155B, 
EC155B1, SA-365N1, AS-365N2 and AS 365 N3 helicopters with a 10-bladed 
TRH, part number (P/N) 365A33351100, 365A33351101, or 365A33351102, 
installed. That AD requires visually inspecting the TRH for a crack and 
removing the TRH if a crack exists. The AD was prompted by reports of 
cracks on two TRHs. Those actions are intended to prevent the tail 
rotor from jamming, which could lead to reduced or 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, issued EASA AD No. 
2011-0144, dated July 26, 2011, to correct an unsafe condition for 
Eurocopter Model EC 155B, EC155B1, SA-365N1, AS-365N2 and AS 365 N3 
helicopters, based on reports of 2 cases of cracked TRHs. Pending 
further investigation, EASA AD 2011-0144 required repetitive 
inspections of 10-bladed TRHs every 55 flight hours. EASA considered 
the actions in its AD to be interim measures and expected further AD 
actions.

Actions Since Existing AD Was Issued

    Since we issued AD 2012-19-09, Amendment 39-17204 (77 FR 58925, 
September 25, 2012), Eurocopter determined that helicopters with 11-
bladed TRHs must also be inspected for cracks. Based on this further 
analysis by Eurocopter, EASA determined that the inspections must also 
be applied to AS 365 N2 helicopters with an 11-bladed TRH. Therefore, 
EASA issued superseding EASA AD 2012-0227, dated October 29, 2012, to 
extend the applicability to include the 11-bladed TRHs.

[[Page 9778]]

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

    Following the report of cracks found on the TRH of a Model AS-365 
helicopter, Eurocopter issued Alert Service Bulletin (ASB) No. EC 155-
05A021, Revision 0, dated April 11, 2011, for Model EC 155B and EC155B1 
helicopters and ASB No. AS365-05.00.60, Revision 0, dated April 11, 
2011, for Model SA-365N1, AS-365N2, AS 365 N3, and some military 
helicopters. After a second report of TRH cracks, the ASBs were 
revised, dated July 20, 2011, to mandate and reduce the repetitive 
inspection interval from 110 flight hours to 55 flight hours.
    On October 9, 2012, Eurocopter again revised ASB No. AS365-05.00.60 
by issuing Revision 2 to extend the applicability to 11-bladed TRHs in 
Model AS 365 N3 helicopters.
    The ASBs call for visually inspecting the TRH for a crack and, if a 
crack is found, removing the TRH. EASA classified these ASBs as 
mandatory and issued superseding AD No. 2012-0227 to ensure the 
continued airworthiness of these helicopters.

AD Requirements

    This AD requires visually inspecting the TRH for a crack within 55 
hours time in service (TIS) and, if a crack exists, removing the TRH 
from service. This inspection must be repeated at intervals not to 
exceed 55 hours TIS.

Interim Action

    We consider this AD to be an interim action because Eurocopter is 
still investigating the cause of TRH cracks. If a final action is later 
identified, we might consider additional rulemaking.

Costs of Compliance

    We estimate that this AD will affect 44 helicopters of U.S. 
Registry and that labor costs will average $85 a work-hour. We expect 
that it will take 1 work-hour to visually inspect the TRH for a crack, 
and that helicopters will average 5 inspections per year. Thus, we 
estimate a total annual cost of $425 per helicopter, and $18,700 for 
the U.S. operator fleet.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to 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 the adoption of this rule, because the required corrective 
actions must be accomplished within 55 hours TIS, a very short time 
period based on the average utilization rate of the highest usage 
helicopter model.
    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 impractical 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);
    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 removing Amendment 39-17204 (77 FR 
58925, September 25, 2012) and adding the following new airworthiness 
directive (AD):

2013-03-02 Eurocopter France Helicopters: Amendment 39-17336; Docket 
No. FAA-2013-0075; Directorate Identifier 2012-SW-104-AD.

(a) Applicability

    This AD applies to Eurocopter Model EC 155B, EC155B1, SA-365N1, 
AS-365N2 and AS 365 N3 helicopters with a 10-bladed tail rotor hub 
(TRH), part number (P/N) 365A33351100, 365A33351101, or 365A33351102 
installed; and Model AS 365 N3 helicopters with an 11-bladed TRH, P/
N 365A33216001or 365A33216003, installed, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the TRH that 
could lead to a tail rotor jam, and subsequent reduced or loss of 
control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2012-19-09, Amendment 39-17204, Docket No. 
FAA-2012-1018, Directorate Identifier 2011-SW-052-AD (77 FR 58925, 
September 25, 2012).

(d) Effective Date

    This AD becomes effective February 27, 2013.

[[Page 9779]]

(e) 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.

(f) Required Actions

    (1) Within 55 hours time-in-service (TIS), and thereafter at 
intervals not to exceed 55 hours TIS, using a light, visually 
inspect the TRH for a crack in the entire area shown as Area C of 
the TRH in Figure 1 of Eurocopter Alert Service Bulletin (ASB) No. 
EC155-05A021, Revision 1, dated July 20, 2011, or ASB No. AS365-
05.00.60, Revision 2, dated October 9, 2012, as applicable to your 
helicopter model. The inspection area is on the tail gearbox (TGB) 
side of the TRH. The TGB is shown as (c) in figures 2 and 3 of the 
ASBs. You must pay particular attention to the area around the 
screws, shown as (e) in Figure 3 of the ASBs, and the TRH between 
the lower part of the TGB and its fairing, shown as (d) in figures 2 
and 3 of the ASBs, using details D and E of Figure 3 in the ASBs. 
You must turn the tail rotor by hand to inspect the entire Area C.
    (2) If there is a crack on the TRH, remove the TRH from service.

(g) Special flight permits

    No special flight permits will be permitted.

(h) 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, Standards Staff, Rotorcraft Directorate, FAA, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone 817-222-5328; email 
robert.grant@faa.gov.
    (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.

(i) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency AD No. 2012-0227, dated October 29, 2012.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6420, Tail Rotor 
Head.

(k) 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 No. EC155-05A021, Revision 
1, dated July 20, 2011.
    (ii) Eurocopter Alert Service Bulletin No. AS365-05.00.60, 
Revision 2, dated October 9, 2012.
    (3) For Eurocopter 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.
    (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 January 28, 2013.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2013-02581 Filed 2-11-13; 8:45 am]
BILLING CODE 4910-13-P
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