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[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Proposed Rules]
[Pages 36216-36220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14807]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0631; Directorate Identifier 2011-SW-021-AD]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 36217]]

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Eurocopter France Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, 
AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2, AS355N, and 
AS355NP helicopters with certain Aerazur emergency flotation gear 
attachment brackets (brackets) installed. This proposed AD would 
require an initial and recurring inspection of the brackets for a 
crack, and if there is a crack, replacing the cracked bracket with an 
airworthy bracket. This proposed AD is prompted by reports of cracks on 
the brackets. The proposed actions are intended to prevent failure of 
the emergency flotation system and loss of float stability in the event 
of a water landing.

DATES: We must receive comments on this proposed AD by August 17, 2012.

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 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, 
Texas 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: Jim Grigg, Manager, Safety Management 
Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone (817) 222-5110; email jim.grigg@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, issued AD No. 2011-
0072, dated April 20, 2011 (AD 2011-0072), to correct an unsafe 
condition for the Eurocopter AS350B, AS350BA, AS350BB, AS350B1, 
AS350B2, AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, and 
AS355NP helicopters with Aerazur emergency flotation gear attachments 
installed. EASA advises of several reports of cracks being found on the 
brackets which appear to be caused by stress corrosion. This condition, 
if not corrected, could result in ``rupture of the emergency flotation 
gear attachment brackets'' during a water landing, no longer ensuring 
float stability of the helicopter, possibly resulting in damage to the 
helicopter and injury to the occupants. The EASA's AD requires an 
initial inspection of the brackets, replacement of any brackets found 
with cracks, and re-inspection of the brackets every 13 months.

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, the 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 helicopters of these same type designs.

Related Service Information

    Eurocopter issued Alert Service Bulletin (ASB) No. AS350-05.00.63, 
Revision 1, dated April 18, 2011 (AS350-05.00.63), and ASB No. AS355-
05.00.58, Revision 1, dated April 18, 2011 (AS355-05.00.58). These ASBs 
specify procedures to inspect the front and rear brackets at regular 
intervals. The EASA classified these ASBs as mandatory and issued EASA 
AD 2011-0072 to ensure the continued airworthiness of these 
helicopters.

Proposed AD Requirements

    This proposed AD would require inspecting the brackets for a crack 
within 110 hours time-in-service (TIS) or 3 months, whichever occurs 
first and, if there is a crack, replacing the cracked bracket with an 
airworthy bracket. This proposed AD would also require repeating the 
inspection at intervals not to exceed 13 months.

Differences Between This Proposed AD and the EASA AD

    Differences between this proposed AD and the EASA AD include:
     The EASA AD applies to Eurocopter Model AS 350 BB 
helicopters; this proposed AD does not as this model is not type 
certificated by the FAA. Additionally, the EASA AD excludes Eurocopter 
Models AS350C and AS350D1, whereas this proposed AD includes them.
     The EASA AD mandates different compliance times depending 
on the manufacture date of the helicopter; we mandate inspecting all 
helicopters within 110 hours TIS or 3 months, whichever occurs first, 
regardless of date of manufacture.
     This proposed AD does not require returning cracked 
brackets to the manufacturer.

Interim Action

    We consider this proposed AD interim action. Eurocopter is 
currently developing a modification that will address the unsafe 
condition identified in this AD. Once this modification is

[[Page 36218]]

developed, approved, and available, we might consider additional 
rulemaking.

Costs of Compliance

    We estimate that this proposed AD would affect 733 helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. It would take about 4 work-hours per 
inspection cycle and the average labor rate is $85 per work-hour. Based 
on these estimates, the total cost per inspection cycle would be $340 
per helicopter and $249,220 on the U.S. fleet. Required parts for one 
bracket replacement would cost about $1,130 and replacement would take 
about 1 work-hour. Thus, the total cost to replace one bracket would be 
about $1,215; however, we have no way of determining the number of 
helicopters that might need these replacements.

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;
    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

    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 
airworthiness directive (AD):

Eurocopter France: Docket No. FAA-2012-0631; Directorate Identifier 
2011-SW-021-AD.

(a) Applicability

    This AD applies to Eurocopter France Model AS350B, AS350BA, 
AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, AS355F, 
AS355F1, AS355F2, AS355N, and AS355NP helicopters with an Aerazur 
emergency flotation gear attachment bracket, part number 158172, 
158173, 158288, or 158289, installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in an attachment 
bracket of the emergency flotation gear. This condition could result 
in failure of the emergency flotation system and loss of float 
stability in the event of a water landing.

(c) 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.

(d) Required Actions

    Within 110 hours time-in-service or 3 months, whichever occurs 
first, and thereafter at intervals not to exceed 13 months:
    (1) Using a 5x or higher power magnifying glass, visually 
inspect the front emergency floatation gear attachment bracket 
(Figure 1 of this AD, section B-B, item (e)) in Areas F, G, and H; 
and the rear emergency flotation gear attachment bracket (Figure 1 
of this AD, section A-A, item (a)) in Areas D and E for a crack.
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[GRAPHIC] [TIFF OMITTED] TP18JN12.007

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    (2) If there is a crack, replace the cracked emergency 
floatation gear attachment bracket with an airworthy emergency 
floatation gear attachment bracket prior to reinstallation of the 
emergency flotation equipment.

(e) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Rotorcraft Directorate, FAA, may approve AMOCs 
for this AD. Send your proposal to: Jim Grigg, Manager, Safety 
Management Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., 
Fort Worth, Texas 76137; telephone (817) 222-5110; email 
jim.grigg@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.

[[Page 36220]]

(f) Additional Information

    (1) Eurocopter Alert Service Bulletin (ASB) No. AS350-05.00.63, 
Revision 1, dated April 18, 2011, and ASB No. AS355-05.00.58, 
Revision 1, dated April 18, 2011, which are not incorporated by 
reference, contain additional information about the subject of this 
AD. For this service information, contact American Eurocopter 
Corporation, 2701 N. Forum Drive, Grand Prairie, Texas 75052; 
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or 
at http://www.eurocopter.com/techpub. You may review this 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 (EASA) AD No. 2011-0072, dated April 20, 2011.

 (g) Subject

    Joint Aircraft Service Component (JASC) Code: 2560, Emergency 
Equipment.

    Issued in Fort Worth, Texas, on June 8, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-14807 Filed 6-15-12; 8:45 am]
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