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[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Proposed Rules]
[Pages 36213-36216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14799]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0630; Directorate Identifier 2011-SW-010-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 EC130B4 helicopters. This proposed AD is prompted by 
an in-flight cracking and failure of a center windscreen. The proposed 
actions are intended to detect a crack in the blending radii of the 
center windscreen to prevent failure of the windscreen, injury to the 
flight crew, and subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by August 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 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

[[Page 36214]]

review a copy of 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: Jim Grigg, Manager, Safety Management 
Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, TX 
76137; telephone (817) 222-5110; email jim.grigg@faa.gov.

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 AD 2010-
0258, dated December 6, 2010, (AD 2010-0258) to correct an unsafe 
condition for the Eurocopter France EC130B4 helicopters. EASA states 
that it received reports that center windscreen panels failed during 
flights. Investigations revealed this failure was caused by a crack 
that started in the blending radius between the lower and upper 
sections of the windscreen. It states that this condition, if not 
detected and corrected, could result in serious injury of the 
helicopter occupants. Consequently, EASA issued Emergency AD 2007-0219-
E, dated August 24, 2007, (AD 2007-0219-E), requiring a pre-flight 
inspection of the center windscreen, repair or replacement of a cracked 
windscreen (with ones of the same design), and an airspeed limitation 
when in-flight distortion of the windscreen had been observed. On April 
8, 2009, EASA approved a modification (MOD 073590) for the EC130B4 
which incorporates a newly designed center windscreen panel, part 
number (P/N) 350A25-9045-20, to ``eliminate the possibility of centre 
windshield cracks thus providing an alternative terminating action for 
the preflight inspections.''

FAA's Determination

    This helicopter model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the 
applicable bilateral agreement, EASA has kept the FAA informed of the 
situation described above. The FAA has examined the findings of EASA, 
reviewed all available information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.
    We are proposing this AD because we evaluated all known relevant 
information and determined that an unsafe condition exists and is 
likely to exist or develop on other products of this same type design.

Related Service Information

    We reviewed Eurocopter Emergency Alert Service Bulletin (ASB) No. 
05A005 Revision 2, dated November 22, 2010. The ASB specifies:
     Performing a visual check of the center windscreen before 
each flight.
     Replacing any center windscreen before resuming flight if 
a crack is detected.
     If in-flight distortion is found, immediately restricting 
airspeed to 70 knots or below, and
    [cir] If a crack is found, before next flight, replacing the 
windscreen per Eurocopter Service Bulletin 56-003, dated November 16, 
2010, (SB 56-003), which describes procedures to perform MOD 073590, 
and
    [cir] If no crack is found, affixing an airspeed limitation label 
and within 50 flying hours or 15 days, whichever is earlier, replacing 
the windscreen per MOD 073590.
     That incorporation of MOD 073590 is an alternative to the 
bulletin, relieving users of the inspection requirements.
    EASA has classified this ASB as mandatory and issued AD 2010-0258 
to ensure the continued airworthiness of these helicopters.

Proposed AD Requirements

    This proposed AD would require:
     Before each flight, visually checking the center 
windscreen, closely examining the blending radii between the upper and 
lower parts of the windscreen. An owner/operator (pilot) may perform 
the visual check required by this proposed AD and must enter compliance 
with that paragraph into the helicopter maintenance records in 
accordance with 14 CFR 43.9(a)(1)-(4) and 91.417(a)(2)(v). A pilot may 
perform this check because it involves only a visual check for a crack 
in the center windscreen and can be performed equally well by a pilot 
or a mechanic.
     If a crack exists in the center windscreen panel, or if 
the windscreen distorts during flight, replacing the center windscreen 
panel before further flight.
     Within 12 months of the effective date of the proposed AD, 
unless accomplished previously, replacing the center windscreen with P/
N 350A259045.20. Replacing the center windscreen panel with P/N 
350A259045.20 would constitute terminating action for the inspection 
requirements of this proposed AD. The proposed actions would be 
required to be accomplished by following specific portions of the ASB 
described previously.

Differences Between This Proposed AD and the EASA AD

    The EASA AD imposes flight restrictions and replacing the 
windscreen within 50 flight hours or 15 days, whichever occurs first, 
if distortion of the windscreen is detected in-flight. The proposed AD 
would mandate replacing the windscreen before further flight if 
distortion occurs during flight. In addition, the proposed AD would 
mandate MOD 073590 and replacing the affected windscreen with an 
airworthy windscreen, P/N 350A25-9045-20, within 12 months.

Costs of Compliance

    We estimate that this proposed AD would affect 87 helicopters of 
U.S. registry and that labor costs would average $85 per work-hour. 
Therefore, we estimate the following costs to comply with this AD:
     The check of the center windscreen before each flight 
would take about 15 minutes for a labor cost of $21.25 per inspection. 
No parts would be needed, so that the total cost for the U.S. 87-
helicopter fleet would be about $1,849 per inspection.
     Replacing the center windscreen would require about 20 
work-hours for

[[Page 36215]]

a labor cost of $1,700 per helicopter. Parts would cost $6,037 for a 
total cost per helicopter of $7,737.

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.

Sec.  39.13  [Amended]

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

Eurocopter France: Docket No. FAA-2012-0630; Directorate Identifier 
2011-SW-010-AD.

(a) Applicability

    This AD applies to Eurocopter France EC130B4 helicopters with 
center windscreen panel (center windscreen), part number (P/N) 
350A25-9004-00, 350A25-9025-00, or 350A25-9041-20, certificated in 
any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the blending 
radii of the center windscreen, which could lead to failure of the 
center windscreen, injury to the flight crew, 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) Until the center windscreen is replaced with center 
windscreen P/N 350A25-9045-20, before each flight, visually check 
the center windscreen for a crack in the area of the blending radii 
where the front-lower part of the center windscreen joins the front 
fuselage as depicted in Figure 1 of this AD. This visual check may 
be performed by the owner/operator (pilot) holding at least a 
private pilot certificate, and must be entered into the aircraft 
records showing compliance with the AD in accordance with Title 14 
Code of Federal Regulations (14 CFR) 43.9 (a)(1)-(4) and 14 CFR 
91.417(a)(2)(v). The record must be maintained as required by 14 CFR 
91.417, 121.380, or 135.439.

[[Page 36216]]

[GRAPHIC] [TIFF OMITTED] TP18JN12.006

    (2) If there is a crack or if a pilot indicates that the center 
windscreen distorted during flight, before further flight, replace 
the center windscreen with an airworthy center windscreen, P/N 
350A25-9045-20, in accordance with the Accomplishment Instructions, 
paragraphs 2.B.2.b. through 2.B.2.b.4. of Eurocopter Service 
Bulletin No. 56-003, Revision 0, dated November 16, 2010.
    (3) Within 12 months, replace the center windscreen with an 
airworthy center windscreen, P/N 350A25-9045-20, in accordance with 
the instructions contained in paragraph (d)(2) of this AD.
    (4) Replacing the center windscreen with center windscreen, P/N 
350A25-9045-20, constitutes terminating action for the requirements 
of this AD.

(e) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
Sec. Sec.  21.197 and 21.199 to operate the helicopter to a location 
where the requirements of this AD can be accomplished, provided 
that:
    (1) No passengers are onboard;
    (2) The time to fly to the location does not exceed 10 hours 
time-in-service; and
    (3) The airspeed does not exceed 70 knots indicated air speed 
(KIAS).

(f) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Jim Grigg, Manager, Safety 
Management Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., 
Fort Worth, TX 76137; telephone (817) 222-5110; email 
jim.grigg@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.

 (g) Additional Information

    (1) 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 a copy 
of the service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, 
Texas 76137.
    (2) The subject of this AD is addressed in the European Aviation 
Safety Agency (EASA) AD No. 2010-0258, dated December 6, 2010.

 (h) Subject

    Joint Aircraft Service Component (JASC) Code: 5600, Window/
Windshield System.

    Issued in Fort Worth, Texas, on June 8, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-14799 Filed 6-15-12; 8:45 am]
BILLING CODE 4910-13-P
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