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[Federal Register: April 29, 2010 (Volume 75, Number 82)]
[Rules and Regulations]               
[Page 22508-22510]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap10-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0356; Directorate Identifier 2009-SW-72-AD; 
Amendment 39-16266; AD 2010-09-01]
RIN 2120-AA64

 
Airworthiness Directives; Eurocopter France Model AS350B, BA, B1, 
B2, B3, C, D, and D1; AS 355E, F, F1, F2, N, and NP Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
specified Eurocopter France (Eurocopter) model helicopters. This 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 was issued following the discovery of a potential risk of an 
untimely squib firing that would cut the hoist cable. A short circuit 
in the hoist motor brush power supply wiring resulting in an 
uncommanded squib firing, which cuts the hoist cable, constitutes an 
unsafe condition.

DATES: This AD becomes effective on May 14, 2010.
    The incorporation by reference of Eurocopter Alert Service Bulletin 
No. 25.00.85 and No. 25.00.95, both dated November 16, 2005, is 
approved by the Director of the Federal Register as of May 14, 2010.
    We must receive comments on this AD by June 28, 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 AD from 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 
75053-4005, telephone (972) 641-3460, fax (972) 641-3527.
    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 FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort 
Worth, Texas 76193-0112, telephone (817) 222-5114, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Community, has issued EASA AD No. 2006-0164, dated June 9, 
2006, to correct an unsafe condition for these French certificated 
products. The MCAI AD states: ``This AD is issued following the 
discovery of a potential risk of

[[Page 22509]]

untimely squib firing, resulting in the cable being cut.'' A short 
circuit in the hoist motor brush power supply wiring resulting in an 
uncommanded squib firing, which cuts the hoist cable, constitutes an 
unsafe condition. You may obtain further information by examining the 
MCAI AD and service information in the AD docket.

Related Service Information

    Eurocopter has issued Alert Service Bulletin Nos. 25.00.85 and 
25.00.95, both dated November 16, 2005. The actions described in the 
MCAI AD are intended to correct the same unsafe condition as that 
identified in the service information.

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 Agent, has 
notified us of the unsafe condition described in the MCAI AD. We are 
issuing this AD because we evaluated all pertinent information and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of these same type designs.

Differences Between This AD and the MCAI AD

    This AD differs from the MCAI AD in that it:
     Does not include the Model BB helicopters but does include 
Model AS350C, D1 and AS 355 NP helicopters;
     Does not require the actions specified in the Compliance 
section, paragraph 1 of the MCAI AD;
     Does not address spares; and
     Requires compliance before the next hoist operation 
instead of within 30 days.
    These differences are highlighted in the ``Differences Between This 
AD and MCAI AD'' section of this AD.

Costs of Compliance

    We estimate that this AD will affect 27 helicopters of U.S. 
registry and that it will take about 2 work hours to modify the hoist 
squib wiring. The average labor rate is $85 per work-hour. Based on 
these figures, we estimate the cost to the fleet of helicopters to be 
$4,590.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because of 
the potential of the untimely firing of a cable cutter squib on 
Goodrich electric hoists resulting in the unintended cutting of a cable 
and dropping the hoist seat and occupant. Therefore, we determined that 
notice and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2010-0356; Directorate 
Identifier 2009-SW-72-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
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 AD.

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 above, I certify this 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 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

0
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 AD:

2010-09-01 Eurocopter France: Amendment 39-16266. Docket No. FAA-
2010-0356; Directorate Identifier 2009-SW-72-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on May 
14, 2010.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model AS350B, BA, B1, B2, B3, C, D and 
D1; and AS 355E, F, F1, F2, N, and NP helicopters with a Goodrich 
Electric hoist, part number (P/N) 76370-XXX, which has not been 
modified per Modification (MOD) 073318 and with a hoist motor other 
than an AUXILEC, installed, certificated in any category.

Reason

    (d) The mandatory continued airworthiness (MCAI) AD was issued 
following the discovery of a potential risk of an untimely squib 
firing that would cut the hoist cable. A short circuit in the hoist 
motor brush power supply wiring resulting in an uncommanded squib 
firing, which cuts the hoist cable, constitutes an unsafe condition.

[[Page 22510]]

Actions and Compliance

    (e) Before the next hoist operation, unless already 
accomplished, disconnect the ground wire for the hoist squib wiring 
and test the hoist system to assure that the squib can be 
electrically fired (MOD 073318) by following the Accomplishment 
Instructions, Paragraph 2.B.1. through 2.B.4., of Eurocopter Alert 
Service Bulletin (ASB) No. 25.00.95, for the AS350 model helicopters 
or ASB No. 25.00.85, for the AS355 model helicopters, both dated 
November 16, 2005, as appropriate for your model helicopter.

Differences Between This AD and the MCAI AD

    (f) This AD differs from the MCAI AD in that it:
    (1) Does not include the Model BB helicopters but does include 
the Model AS350C and D1 and Model AS355NP helicopters;
    (2) Does not require the actions specified in the Compliance 
section, paragraph 1 of the MCAI AD;
    (3) Does not address spares; and
    (4) Requires compliance before the next hoist operation instead 
of within 30 days.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, FAA, ATTN: George Schwab, Aerospace 
Engineer, Rotorcraft Directorate, Fort Worth, Texas 76193-0112, 
telephone (817) 222-5114, fax (817) 222-5961, has the authority to 
approve AMOCs for this AD, if requested, using the procedures found 
in 14 CFR 39.19.
    (h) Special Flight Permits: Special flight permits may be issued 
under 14 CFR 21.197 and 21.199 to operate the helicopter to a 
location where the requirements of this AD can be done provided that 
the hoist is not used.

Related Information

    (i) Mandatory Continuing Airworthiness Information (EASA) 
Airworthiness Directive No. 2006-0164, dated June 9, 2006, contains 
related information.

Joint Aircraft System/Component (JASC) Code

    (j) The JASC Code is 25: Equipment/Furnishings.

Material Incorporated by Reference

    (k) You must use the specified portions of Eurocopter Alert 
Service Bulletin No. 25.00.95 or No. 25.00.85, both dated November 
16, 2005, to do the actions required.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For the service information identified in this AD, contact 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, 
Texas 75053-4005, telephone (972) 641-3460, fax (972) 641-3527.
    (3) You may review copies of the service information at the FAA, 
Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth, Texas, or 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 March 15, 2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-9006 Filed 4-28-10; 8:45 am]
BILLING CODE 4910-13-P
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