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[Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Rules and Regulations]               
[Page 63052-63054]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc10-7]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0779; Directorate Identifier 2009-SW-84-AD; 
Amendment 39-16467; AD 2010-21-07]
RIN 2120-AA64

 
Airworthiness Directives; Eurocopter France (ECF) Model AS350B3 
and EC130 B4 Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
the Eurocopter France Model AS350B3 and EC130 B4 helicopters. This 
amendment is prompted by 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 states that a dormant failure of one of 
the two contactors 53Ka or 53Kb can occur following certain 
modifications. Failure of a contactor can prevent switching from 
``IDLE'' mode to ``FLIGHT'' mode during autorotation training making it 
impossible to execute a power recovery and compelling the pilot to 
continue the autorotation to the ground. This condition, if not 
corrected, can lead to an unintended touchdown to the ground during a 
practice autorotation at a flight-idle power setting, damage to the 
helicopter, and injury to the occupants.

DATES: Effective November 18, 2010.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 18, 2010.

[[Page 63053]]

ADDRESSES: You may get the service information identified in this AD 
from 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.
    Examining the Docket: You may examine the docket that contains this 
AD, any comments, and other information on the Internet at http://www.regulations.gov or at the Docket Operations office, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Rotorcraft 
Directorate, Safety Management Group, ASW-112, Ed Cuevas, Aviation 
Safety Engineer, 2601 Meacham Blvd., Fort Worth, Texas 76137; 
telephone: 817-222-5135; fax: 817-222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a Notice of Proposed Rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to ECF Model AS350B3 and 
EC130 B4 helicopters on August 3, 2010. That NPRM was published in the 
Federal Register on August 11, 2010 (75 FR 48615). That NPRM proposed 
to require inspecting the pilot's and co-pilot's throttle twist for 
proper operation of the contactors, which provide for changes between 
the ``IDLE'' and ``FLIGHT'' positions of the throttle twist grip 
control.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No. 2009-0256, dated December 2, 2009, to correct an unsafe 
condition for the ECF Model AS350B3 and EC130 B4 helicopters. EASA 
advises that analysis shows a dormant failure of one of the two 
contactors 53Ka or 53Kb can occur following the modification of the 
Model AS350B3 by MOD 073254 and modification of the Model EC130 B4 by 
MOD 073773. Failure of a contactor can prevent switching from ``IDLE'' 
mode to ``FLIGHT'' mode during autorotation training making it 
impossible to execute a power recovery and compelling the pilot to 
continue the autorotation to the ground. This condition, if not 
corrected, can lead to an unintended touchdown to the ground during a 
practice autorotation at a flight-idle power setting, damage to the 
helicopter, and injury to the occupants.

Related Service Information

    ECF has issued Alert Service Bulletin (ASB) No. 05.00.61 for the 
Model AS350B3 helicopters and ASB No. 05A009 for the EC130 B4 
helicopters. Both ASBs are dated November 16, 2009. Both ASBs specify a 
functional check of the two contactors 53Ka and 53Kb, which are used to 
switch from ``IDLE'' to ``FLIGHT'' mode or vice versa. The ASBs also 
specify repetitive checking of the contactors for correct opening and 
closing to detect this dormant failure. ECF states that it will be 
preparing a modification, which will cancel the ASBs, in the very near 
future. Once the manufacturer develops corrective terminating actions, 
we anticipate further rulemaking.

FAA's Evaluation and Unsafe Condition Determination

    These products 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 
the EASA AD. We are issuing 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 products of these same type 
designs.

Differences Between this AD and the MCAI AD

    We refer to flying hours as hours time-in-service (TIS). Also, we 
refer to maintenance actions as inspections rather than checks.

Comments

    By publishing the NPRM, we gave the public an opportunity to 
participate in developing this AD. However, we received no comments on 
the NPRM or on our determination of the cost to the public. Therefore, 
based on our review and evaluation of the available data, we have 
determined that air safety and the public interest require adopting the 
AD as proposed.

Costs of Compliance

    We estimate that this AD will affect about 116 of the Model EC130 
B4 helicopters and 231 of the Model AS350B3 helicopters for a total of 
347 helicopters of U.S. registry. We also estimate that it will take 
about 0.5 work-hour per helicopter to inspect and about 0.5 work-hour 
per helicopter to replace a micro-switch. The average labor rate is $85 
per work-hour. Required parts cost about $538 for the T3933-3 
microswitch. Based on these figures, we estimate that the cost of this 
AD on U.S. operators is $21,714, assuming 4 microswitches are replaced 
on the Model EC130 B4 helicopters and 8 microswitches are replaced on 
the Model AS350B3 helicopters.

Regulatory Findings

    We have 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 that the 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

[[Page 63054]]

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. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2010-21-07 Eurocopter France: Amendment 39-16467; Docket No. FAA-
2010-0779; Directorate Identifier 2009-SW-84-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on 
November 18, 2010.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model AS350B3 and EC130 B4 helicopters, 
certificated in any category, with the ARRIEL 2B1 engine with the 
two-channel Full Authority Digital Engine Control (FADEC), and with 
new twist grip modification (MOD) 073254 for the Model AS350B3 
helicopter or MOD 073773 for the Model EC130 B4 helicopter, 
installed.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD 
states that analysis shows a ``dormant failure'' of one of the two 
contactors, 53Ka or 53Kb, can occur following the introduction of 
MOD 073254 or MOD 073773. Failure of a contactor can prevent 
switching from ``IDLE'' mode to ``FLIGHT'' mode during autorotation 
training making it impossible to recover from the practice 
autorotation and compelling the pilot to continue the autorotation 
to the ground. This condition, if not corrected, can lead to an 
unintended touchdown to the ground at a flight-idle power setting 
during a practice autorotation, damage to the helicopter, and injury 
to the occupants.

Actions and Compliance

    (e) Before the next practice autorotation or on or before 100 
hours time-in-service (TIS), whichever occurs first, unless 
accomplished previously, and thereafter at intervals not to exceed 
600 hours TIS:
    (1) Inspect for the proper operation of contactors 53Ka and 53Kb 
by rotating the pilot and co-pilot throttle twist grip controls 
between the ``IDLE'' and ``FLIGHT'' position in accordance with the 
Accomplishment Instructions, paragraph 2.B.2, of Eurocopter Alert 
Service Bulletin (ASB) No. 05.00.61, dated November 16, 2009, for 
the Model AS350B3 helicopters or ASB No. 05A009, dated November 16, 
2009, for the Model EC130 B4 helicopters, as appropriate for your 
model helicopter.
    (2) Test the pilot and co-pilot throttle twist grip controls for 
proper functioning. If the throttle twist grip controls are not 
functioning properly, repair the controls.

Differences Between This AD and the MCAI AD

    (f) We refer to flight hours as hours TIS. Also, we refer to 
maintenance actions as inspections rather than checks. Finally,

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, ATTN: DOT/FAA Southwest Region, Ed Cuevas, 
ASW-112, Aviation Safety Engineer, Rotorcraft Directorate, Safety 
Management Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, 
telephone (817) 222-5355, fax (817) 222-5961, has the authority to 
approve AMOCs for this AD, if requested, using the procedures found 
in 14 CFR 39.19.

Related Information

    (h) MCAI AD No. 2009-0256, dated December 2, 2009, contains 
related information.

Joint Aircraft System/Component (JASC) Code

    (i) The JASC Code is 7697: Engine Control System Wiring.

Material Incorporated by Reference

    (j) You must use Eurocopter Alert Service Bulletin ASB No. 
05.00.61 or 05A009, both dated November 16, 2009, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (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 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.
    (3) You may review copies 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 September 29, 2010.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service
[FR Doc. 2010-25270 Filed 10-13-10; 8:45 am]
BILLING CODE 4910-13-P
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