```

[Federal Register: August 11, 2010 (Volume 75, Number 154)]
[Proposed Rules]               
[Page 48615-48616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au10-18]                         

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================

[[Page 48615]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0779; Directorate Identifier 2009-SW-84-AD]
RIN 2120-AA64

 
Airworthiness Directives; Eurocopter France (ECF) Model AS350B3 
and EC130 B4 Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
specified ECF model helicopters. This proposed AD results from a 
mandatory continuing airworthiness information (MCAI) AD issued by the 
European Aviation Safety Agency (EASA), which is the Technical Agent 
for the Member States of the European Community. The MCAI AD states 
that a dormant failure of one of the two contactors 53Ka or 53Kb can 
occur following certain modifications. Failure of a contactor can 
prevent switching from ``IDLE'' mode to ``FLIGHT'' mode during 
autorotation training making it impossible to execute a power recovery 
and compelling the pilot to continue the autorotation to the ground. 
This condition, if not corrected, can lead to an unintended touchdown 
to the ground during a practice autorotation at a flight-idle power 
setting, damage to the helicopter, and injury to the occupants.

DATES: We must receive comments on this proposed AD by September 10, 
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this proposed AD 
from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, 
TX 75053-4005, telephone (800) 232-0323, fax (972) 641-3710, or at 
http://www.eurocopter.com.
    Examining the 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 
stated in the ADDRESSES section of this proposal. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Ed Cuevas, 
ASW-112, Aviation Safety Engineer, Rotorcraft Directorate, Safety 
Management Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, 
telephone (817) 222-5355, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written data, views, or arguments about 
this proposed AD. Send your comments to an address listed in the 
ADDRESSES section of this proposal. Include ``Docket No. FAA-2010-0779; 
Directorate Identifier 2009-SW-84-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Community, has issued EASA AD No. 2009-0256, dated December 2, 
2009, to correct an unsafe condition for the specified Eurocopter model 
helicopters.
    The MCAI AD states that analysis shows a dormant failure of one of 
the two contactors 53Ka or 53Kb can occur following the modification of 
the Model AS350B3 by MOD 073254 and modification of the Model EC130 B4 
by MOD 073773. Failure of a contactor can prevent switching from 
``IDLE'' mode to ``FLIGHT'' mode during autorotation training making it 
impossible to execute a power recovery and compelling the pilot to 
continue the autorotation to the ground. This condition, if not 
corrected, can lead to an unintended touchdown to the ground during a 
practice autorotation at a flight-idle power setting, damage to the 
helicopter, and injury to the occupants.
    You may obtain further information by examining the MCAI AD and any 
related service information in the AD docket.

Related Service Information

    ECF has issued Alert Service Bulletin (ASB) No. 05.00.61 for the 
Model AS350B3 helicopters and ASB No. 05A009, for the Model EC130 B4 
helicopters. Both ASB's are dated November 16, 2009. Both ASBs specify 
a functional check of the two contactors 53Ka and 53Kb, which are used 
to switch from ``IDLE'' mode to ``FLIGHT'' mode or vice versa. The ASBs 
also specify repetitive checking of the contactors for correct opening 
and closing to detect this dormant failure. ECF states that it will be 
preparing a modification, which will cancel the ASBs, in the very near 
future. Once the manufacturer develops corrective terminating actions, 
we anticipate further rulemaking.

FAA's Evaluation and Unsafe Condition 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, their technical 
representative, has notified us

[[Page 48616]]

of the unsafe condition described in the MCAI AD. We are proposing 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. This proposed AD would require, 
before the next autorotation training or on or before 100 hours time-
in-service (TIS), whichever occurs first, and thereafter at intervals 
not to exceed 600 hours TIS, inspecting the pilot's and co-pilot's 
throttle twist grips for proper operation of the contactors, which 
provide for changes between the ``IDLE and ``FLIGHT'' positions of the 
throttle twist grip control.

Differences Between This AD and the MCAI AD

    We refer to flying hours as hours TIS. Also, we refer to 
maintenance actions as inspections rather than checks.

Costs of Compliance

    We estimate that this proposed AD would affect about 116 of the 
Model EC130B4 helicopter and 231 of the Model AS350 B3 helicopters for 
a total of 347 helicopters of U.S. registry. We also estimate that it 
would take about \1/2\ work-hour to inspect each helicopter and \1/2\ 
work-hour to replace a microswitch. The average labor rate is $85 per 
work-hour. Required parts would cost about $538 for the T3933-3 
microswitch. Based on these figures, we estimate the cost of the 
proposed AD on U.S. operators would be $21,714, assuming 4 
microswitches are replaced on the Model EC130 B4 helicopters and 8 
microswitches are replaced on the Model AS350B3 helicopters.

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 product(s) 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.
    Therefore, I certify this proposed AD:
    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); and
    3. 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 AD:

Eurocopter France: Docket No. FAA-2010-0779; Directorate Identifier 
2009-SW-84-AD.

Comments Due Date

    (a) We must receive your comments by September 10, 2010.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EC130 B4 and AS350B3 helicopters, 
certificated in any category, with the ARRIEL 2B1 engine with the 
two-channel Full Authority Digital Engine Control (FADEC), and with 
new twist grip modification (MOD) 073254 for the Model AS350B3 
helicopter or MOD 073773 for the Model EC130 B4 helicopter, 
installed.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD 
states that analysis shows a ``dormant failure'' of one of the two 
contactors, 53Ka or 53Kb, can occur following the introduction of 
MOD 073254 or MOD 073773. Failure of a contactor can prevent 
switching from ``IDLE'' mode to ``FLIGHT'' mode during autorotation 
training making it impossible to recover from the practice 
autorotation and compelling the pilot to continue the autorotation 
to the ground. This condition, if not corrected, can lead to an 
unintended touchdown to the ground at a flight-idle power setting 
during a practice autorotation, damage to the helicopter, and injury 
to the occupants.

Actions and Compliance

    (e) Before the next practice autorotation or on or before 100 
hours time-in-service (TIS), whichever occurs first, unless 
accomplished previously, and thereafter at intervals not to exceed 
600 hours TIS:
    (1) Inspect for the proper operation of contactors 53Ka and 53Kb 
by rotating the pilot and co-pilot throttle twist grip controls 
between the ``IDLE'' and ``FLIGHT'' position in accordance with the 
Accomplishment Instructions, paragraph 2.B.2, of Eurocopter Alert 
Service Bulletin (ASB) No. 05.00.61, dated November 16, 2009, for 
the Model AS350B3 helicopters or ASB No. 05A009, dated November 16, 
2009, for the Model EC130 B4 helicopters, as appropriate for your 
model helicopter.
    (2) Test the pilot and co-pilot throttle twist grip controls for 
proper functioning. If the throttle twist grip controls are not 
functioning properly, repair the controls.

Differences Between This AD and the MCAI AD

    (f) We refer to flight hours as hours TIS. Also, we refer to 
maintenance actions as inspections rather than checks.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, ATTN: DOT/FAA Southwest Region, Ed Cuevas, 
ASW-112, Aviation Safety Engineer, Rotorcraft Directorate, Safety 
Management Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, 
telephone (817) 222-5355, fax (817) 222-5961, has the authority to 
approve AMOCs for this AD, if requested, using the procedures found 
in 14 CFR 39.19.

Related Information

    (h) MCAI AD No. 2009-0256, dated December 2, 2009, contains 
related information.

Joint Aircraft System/Component (JASC) Code

    (i) The JASC Code is 7697: Engine Control System Wiring.

    Issued in Fort Worth, Texas, on August 3, 2010.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-19814 Filed 8-10-10; 8:45 am]
BILLING CODE 4910-13-P
```