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[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Rules and Regulations]
[Pages 25380-25382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09412]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1303; Directorate Identifier 2010-SW-049-AD; 
Amendment 39-17434; AD 2013-08-17]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
Eurocopter France (Eurocopter) Model SA-365N, SA-365N1, AS-365N2, AS 
365 N3, and SA-366G1 helicopters. This AD requires an initial and 
recurring inspection of the 9-degree frame for a crack, and repair of 
the frame if there is a crack. This AD was prompted by the discovery of 
a crack in the 9-degree frame of a Eurocopter Model AS-365N2 
helicopter, and these cracks could develop on the other specified model 
helicopters because they contain the same 9-degree frame. The actions 
specified by this AD are intended to detect a crack in the 9-degree 
frame to prevent loss of structural integrity and subsequent loss of 
control of the helicopter.

DATES: This AD is effective June 5, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of June 5, 2013.

ADDRESSES: For service information identified in this AD, contact 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 
75053-4005; telephone (800) 232-0323; fax (972) 641-3710; or at http://www.eurocopter.com. 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.

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, any incorporated-by-reference 
service information, the economic evaluation, any comments received, 
and other information. The street address for the Docket Operations 
Office (phone: 800-647-5527) is U.S. Department of Transportation, 
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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 
gary.b.roach@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    On January 18, 2011 at 76 FR 2842, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 to include an AD that would apply to Eurocopter Model SA-
365N, SA-365N1, AS-365N2, AS 365 N3, and SA-366G1 helicopters. That 
NPRM proposed to require an initial and recurring inspections of the 
inner angles and flanges of the 9-degree frame on the right-hand (RH) 
and left-hand (LH) sides for a crack. If a crack was found, the NPRM 
proposed to require, before further flight, repairing the frame. The 
proposed requirements were intended to detect a crack in the 9-degree 
frame to prevent loss of structural integrity 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, issued EASA 
Emergency AD No. 2010-0064-E, dated April 1, 2010, which supersedes 
EASA Emergency AD No. 2009-0125-E, dated June 12, 2009 (with a 
correction dated June 15, 2009), to correct an unsafe condition for the 
specified model helicopters. EASA advises that during a major 
inspection a crack was found in the 9-degree frame of an AS 365 N2 
helicopter, which had logged a total of 10,786 flight hours. The crack 
was located 230 millimeters above the cabin floor and had grown over a 
large section of the 9-degree frame on the RH side. EASA states that 
analysis shows that the time required for initiation of a crack in this 
area varies according to the weight and balance data of the different 
aircraft versions.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we did not receive any comments on the NPRM (76 FR 2842, 
January 18, 2011).

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 the EASA and determined the unsafe condition 
exists and is likely to exist or develop on other helicopters of these 
same type designs and that air safety and the public interest require 
adopting the AD requirements as proposed, except we are incorporating 
figures by reference instead of including them in our AD to meet 
current publication requirements. This change is consistent with the 
intent of the proposals in the NPRM (76 FR 2842, January 18, 2011) and 
will not increase the economic burden on any operator nor increase the 
scope of the AD.

Related Service Information

    Eurocopter has issued Emergency Alert Service Bulletin (EASB), 
Revision 1, dated March 31, 2010, containing the following three 
numbers: No. 05.00.57 for FAA type-certificated Model SA-365N and N1, 
and AS-365N2 and N3 helicopters and for military, not FAA type-
certificated, Model AS365F, Fs, Fi, and K helicopters; No. 05.00.25 for 
military, not FAA type-certificated, Model AS565AA, MA, MB, SA, SB, and 
UB helicopters; and No. 05.39 for FAA type-certificated Model SA-366G1 
helicopters and for military, not FAA type-certificated, Model SA366GA 
helicopters. This EASB specifies checking at regular intervals for a 
crack in the areas of the inner angles and flanges of the 9[deg] frame 
on the RH and LH sides, near the splice. This EASB also states that 
Eurocopter is currently studying an improvement (reinforcement) of the 
frame, which will cancel the checks specified by the EASB. EASA 
classified this EASB as mandatory and issued AD No. 2010-0064-E, dated 
April 1, 2010, to ensure the continued airworthiness of these 
helicopters.

[[Page 25381]]

Differences Between This AD and the EASA AD

    We refer to ``flight hours'' as ``hours time-in-service.'' We do 
not refer to the EASB for accomplishment instructions. We do not 
require contacting the manufacturer for approved repair instructions. 
We do not allow flight with a known crack. Therefore, we do not revise 
our required action based on the length and specific location of the 
crack on the 9-degree frame. We refer to the 9-degree frame rather than 
the No. 9 frame.

Costs of Compliance

    We estimate that this AD will affect 19 helicopters of U.S. 
Registry. We also estimate that it will take about 3 work hours for 
about 12 inspections a year per helicopter. It will take about 24 hours 
to repair a helicopter frame. The average labor rate is $85 per work-
hour. Required parts will cost about $3,350. Based on these figures, we 
estimate the total cost impact of this AD on U.S. operators to be 
$68,920 for the fleet, assuming 2 helicopters require repair each year.

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 helicopters identified in this 
rulemaking action.

Regulatory Findings

    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 above, 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 adding the following new airworthiness 
directive (AD):

2013-08-17 Eurocopter France:
    Amendment 39-17434; Docket No. FAA-2010-1303; Directorate 
Identifier 2010-SW-049-AD.

(a) Applicability

    This AD applies to Eurocopter France (Eurocopter) Model SA-365N, 
SA-365N1, AS-365N2, AS 365 N3, and SA-366G1 helicopters, 
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the 9-degree 
frame, which could result in loss of structural integrity and 
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective June 5, 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) On or before the affected model helicopters reach the hours 
time-in-service (TIS) listed in Table 1 to Paragraph (e)(1) of this 
AD or within 10 hours TIS, whichever occurs later, and thereafter at 
intervals not to exceed 110 hours TIS, using a 10X or higher 
magnifying glass, inspect the inner angles and flanges of the 9-
degree fuselage frame on the right-hand and left-hand sides for a 
crack in the area depicted in Figure 1 and Figure 2 of Eurocopter 
Emergency Alert Service Bulletin (EASB) No. 05.00.57, Revision 1, 
dated March 31, 2010, or Eurocopter EASB No. 05.39, Revision 1, 
dated March 31, 2010, as applicable to your model helicopter.

                       Table 1 to Paragraph (e)(1)
------------------------------------------------------------------------
                    Helicopter model                         Hours TIS
------------------------------------------------------------------------
SA-365N.................................................           8,990
SA-365N1................................................           9,990
AS-365N2................................................           3,190
AS 365 N3...............................................           2,090
SA-366G1................................................           9,990
------------------------------------------------------------------------

    (2) If there is a crack, before further flight, repair the 
frame. Repairing a frame does not constitute terminating action for 
the repetitive inspection requirements of this AD.

(f) 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 gary.b.roach@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

    The subject of this AD is addressed in European Aviation Safety 
Agency Emergency AD No. 2010-0064-E, dated April 1, 2010.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5311, Fuselage 
Main, Frame.

(i) 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. 05.00.57, 
Revision 1, dated March 31, 2010.
    (ii) Eurocopter Emergency Alert Service Bulletin No. 05.39, 
Revision 1, dated March 31, 2010.

    Note 1 to paragraph (i)(2):  Eurocopter Emergency Alert Service 
Bulletin (EASB) Nos. 05.00.57 and 05.39, both Revision 1, and both 
dated March 31, 2010, are co-published as one document along with 
Eurocopter EASB No. 05.00.25, Revision 1, dated March 31, 2010, 
which is not incorporated by reference in this AD.

[[Page 25382]]

    (3) For Eurocopter service information identified in this AD, 
contact American Eurocopter Corporation, 2701 Forum Drive, Grand 
Prairie, Texas 75053-4005; telephone (800) 232-0323; fax (972) 641-
3710; or at http://www.eurocopter.com.
    (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 April 12, 2013.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2013-09412 Filed 4-30-13; 8:45 am]
BILLING CODE 4910-13-P
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