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[Federal Register: January 18, 2011 (Volume 76, Number 11)]
[Proposed Rules]               
[Page 2842-2845]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja11-17]                         

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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]
RIN 2120-AA64

 
Airworthiness Directives; Eurocopter France (Eurocopter) Model 
SA-365N, SA-365N1, AS-365N2, AS 365 N3, and SA-366G1 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 the 
specified Eurocopter model helicopters. This proposed AD would 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 is found, this proposed AD would require, before 
further flight, repairing the frame. This proposed AD is prompted by 
the discovery of a crack in the 9-degree frame of a Eurocopter Model 
AS-365N2 helicopter. These cracks could also develop on the other 
specified model helicopters because they contain the same 9-degree 
frame. The actions specified by this proposed 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: Comments must be received on or before March 21, 2011.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD:
     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.
    You may examine the comments to this proposed AD in the AD docket 
on the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham 
Blvd, Fort Worth, Texas 76137, telephone (817) 222-5130, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the caption ADDRESSES. Include the Docket No. ``FAA-2010-
1303, Directorate Identifier 2010-SW-049-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 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 
with FAA personnel concerning this proposed rulemaking. Using the 
search function of the docket Web site, you can find and read the 
comments to any of our dockets, including the name of the individual 
who sent or signed the comment. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477-78).

Examining the Docket

    You may examine the docket that contains the proposed AD, any 
comments, and other information in person at the Docket Operations 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Operations office (telephone (800) 647-5527) is 
located in Room W12-140 on the ground floor of the West Building at the 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Emergency AD No. 2010-0064-E, dated April 1, 2010, which supersedes 
EASA Emergency AD No. 2009-0125-E, dated June 12, 2009, and the 
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-365N2 
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.

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, 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. The EASB specifies checking at regular intervals for a 
crack

[[Page 2843]]

in the areas of the inner angles and flanges of the 9[deg] frame on the 
RH and LH sides, near the splice. The EASB 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.

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 of the unsafe condition described in 
their 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 an initial and recurring 
inspections of the inner angles and flanges of the 9-degree frame on 
the RH and LH sides for a crack. If a crack is found, this proposed AD 
would require, before further flight, repairing the frame.

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

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. Additionally, 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 above, I certify that the 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); 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. See the AD docket to examine the economic 
evaluation.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

Eurocopter France: Docket No. FAA-2010-1303; Directorate Identifier 
2010-SW-049-AD
    Applicability: Model SA-365N, SA-365N1, AS-365N2, AS 365 N3, and 
SA-366G1 helicopters, certificated in any category.
    Compliance: Required as indicated.
    To detect a crack in the 9-degree frame to prevent loss of 
structural integrity and subsequent loss of control of the 
helicopter, do the following:
    (a) On or before the affected model helicopters reach the hours 
time-in-service (TIS) listed in Table 1 of this AD or within 10 
hours TIS, whichever occurs later, unless accomplished previously, 
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 as shown in Figure 
2 of this AD.

                                 Table 1
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                    Helicopter model                         Hours TIS
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SA-365N.................................................           8,990
SA-365N1................................................           9,990
AS-365N2................................................           3,190
AS 365 N3...............................................           2,090
SA-366G1................................................           9,990
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    Note 1: Eurocopter Emergency Alert Service Bulletin, Revision 1, 
dated March 31, 2010 (EASB), containing the following 3 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 is not incorporated by reference but 
contains additional information about the subject of this AD. 
Actions previously done by following the procedures of this EASB are 
considered acceptable for complying with the corresponding actions 
in paragraphs (a) and (b) of this AD.

    (b) If you find a crack, before further flight, repair the 
frame. Repairing a frame does not constitute terminating action for 
the repetitive inspection requirements of this AD.
    (c) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Manager, Safety Management Group, FAA, ATTN: Gary Roach, 
Aviation Safety Engineer, Regulations and Policy Group 2601 Meacham 
Blvd, Fort Worth, Texas, 76137; telephone: (817) 222-5130 fax: 817-
222-5961, for information about previously approved alternative 
methods of compliance.
    (d) The Joint Aircraft System/Component (JASC) Code is 5311: 
Fuselage Main, Frame.

    Note 2: The subject of this AD is addressed in European Aviation 
Safety Agency AD No. 2010-0064-E, dated April 1, 2010.

    Issued in Fort Worth, Texas on December 16, 2010.
M. Monica Merritt,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2011-720 Filed 1-14-11; 8:45 am]
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