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[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Proposed Rules]
[Pages 34960-34962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13799]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0501; Directorate Identifier 2011-SW-036-AD]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Model 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 (Eurocopter) Model EC 155B and EC155B1 helicopters. 
This proposed AD would require repetitively inspecting the lower and 
upper front and rear fittings (fittings) that attach the upper fin to 
the fenestron for a crack. If there is a crack, this AD would require 
removing all four fittings from service. This proposed AD would also 
require, within a specified time, removing all fittings from service, 
and the fittings would not be eligible to be installed on any 
helicopter. This AD is prompted by the loss of an upper fin in flight. 
The proposed actions are intended to detect a crack in the fittings to 
prevent loss of the upper fin and subsequent loss of control of the 
helicopter.

DATES: We must receive comments on this proposed AD by August 12, 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 proposed AD, the economic 
evaluation, any comments received, and other information. The street 
address for the Docket Operations

[[Page 34961]]

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 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, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone 817-222-5110; email robert.grant@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 EASA AD 
No. 2011-0108, dated June 7, 2011, to correct an unsafe condition for 
Eurocopter Model EC 155B and EC155B1 helicopters. EASA advises of an 
in-flight loss of a fin on a Model EC155B1 helicopter. According to 
EASA, a crack in the fittings attaching the upper fin to the fenestron 
(tail rotor assembly) was discovered during an investigation. As a 
result, EASA issued an emergency AD to mandate repetitive inspections 
of the upper fin attachment fittings. EASA states that Eurocopter has 
now developed modification (MOD) 0754B40 to increase the strength of 
the fuselage-fin junction fittings by installing two reinforced single-
piece fittings to replace the affected fittings, which is terminating 
action for the repetitive inspection requirements. EASA subsequently 
issued AD No. 2011-0108, which superseded its emergency AD, to require 
installation of MOD 0754B40 and to retain the repetitive inspection 
requirements until the MOD is installed.

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 
its AD. We are proposing this AD because we evaluated all known 
relevant information and determined that an unsafe condition is likely 
to exist or develop on other products of the same type design.

Related Service Information

    Eurocopter has issued Emergency Alert Service Bulletin No. 05A017, 
Revision 2, dated December 9, 2010, which specifies repetitively 
inspecting the fittings for a crack and replacing each fitting if there 
is a crack. Eurocopter has also issued Service Bulletin No. 53-029, 
Revision 1, dated March 10, 2011, which specifies replacing the 
fittings with reinforced fittings in accordance with MOD 0754B40.

Proposed AD Requirements

    This proposed AD would require repetitively inspecting certain 
part-numbered fittings for a crack, and if there is a crack, removing 
the fittings from service before further flight. Also, within 180 hours 
time-in-service (TIS), this AD proposes removing certain part-numbered 
fittings from service. Replacing the fittings with airworthy fittings 
not listed in the applicability paragraph of this proposed AD would be 
terminating action for the requirements of this AD. The affected 
fittings would not eligible to be installed on any helicopter.

Differences Between This Proposed AD and the EASA AD

    This AD would not require replacing the upper fin to fenestron 
fittings with reinforced fittings in accordance with MOD 0754B40 within 
6 calendar months as stated in the EASA AD but rather would require 
removing the affected fittings from service within the equivalent 180 
hours TIS.

Costs of Compliance

    We estimate that this proposed AD would affect 9 helicopters of 
U.S. Registry. We estimate that operators would incur the following 
costs in order to comply with this AD, based on an average labor rate 
of $85 per work hour. It would take 1 work hour to inspect the fittings 
and about 3 inspections would occur before replacement. It would take 8 
work hours to replace the fittings and required parts would cost 
$3,311. Based on these figures, the total cost would be $4,246 per 
helicopter and $38,214 for the U.S. fleet.

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;

[[Page 34962]]

    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

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):

Eurocopter France: Docket No. FAA-2013-0501; Directorate Identifier 
2011-SW-036-AD.

(a) Applicability

    This AD applies to Model EC 155B and EC155B1 helicopters with 
lower front fitting part number (P/N) 365A23-4240-01, upper front 
fitting P/N 365A23-4242-01, lower rear fitting P/N 365A23-4241-01, 
or upper rear fitting P/N 365A23-4243-01 (fittings) installed, 
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a fitting. 
This condition could result in loss of the upper fin during flight 
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.

(d) Required Actions

    (1) Within 15 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 55 hours TIS:
    (i) Using an appropriate light source and a 10x or higher power 
magnifying glass, inspect each front (c) and rear (d) upper fitting 
and each front (e) and rear (f) lower fitting for a crack as 
depicted in Figure 1 of Eurocopter Emergency Alert Service Bulletin 
No. 05A017, Revision 2, dated December 9, 2010 (ASB). Inspect the 
hatched area as depicted in Details B, C, and D of Figure 2 of the 
ASB. A high-resolution (more than 2 million pixels) digital camera 
or dye-penetrant inspection may be used to facilitate the crack 
inspection.
    (ii) If there is a crack in any fitting, before further flight, 
remove all four fittings from service.
    (2) Within 180 hours TIS, remove the fittings from service.
    (3) Do not install lower front fitting P/N 365A23-4240-01, upper 
front fitting P/N 365A23-4242-01, lower rear fitting P/N 365A23-
4241-01, and upper rear fitting P/N 365A23-4243-01 on any 
helicopter.

(e) Credit for Actions Previously Completed

    Inspections accomplished before the effective date of this AD in 
accordance with the procedures specified in Eurocopter Emergency 
Alert Service Bulletin No. 05A017, Revision 2, dated December 9, 
2010; Revision 1, dated January 27, 2010; and Revision 0, dated 
September 28, 2007, are considered acceptable for compliance with 
the inspection specified in paragraph (d)(1) of this AD.

(f) Special flight permits

    Special flight permits will not be issued.

(g) 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, Safety Management Group, FAA, 2601 Meacham Blvd., Fort 
Worth, Texas 76137; telephone 817-222-5110; 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.

(h) Additional Information

    (1) Eurocopter Service Bulletin No. 53-029, Revision 1, dated 
March 10, 2011, which is not incorporated by reference, contains 
additional information about the subject of this AD. 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.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency AD No. 2011-0108, dated June 7, 2011.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 5530 Vertical 
Stabilizer Structure.

    Issued in Fort Worth, Texas, on June 3, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-13799 Filed 6-10-13; 8:45 am]
BILLING CODE 4910-13-P
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