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[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Rules and Regulations]               
[Page 50874-50877]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au10-14]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0782; Directorate Identifier 2010-SW-053-AD; 
Amendment 39-16396; AD 2010-11-51]
RIN 2120-AA64

 
Airworthiness Directives; Eurocopter France (Eurocopter) Model 
AS350B, BA, B1, B2, C, D, and D1 Helicopters and Model AS355E, F, F1, 
F2, and N Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 2010-11-51, which was sent 
previously to all known U.S. owners and operators

[[Page 50875]]

of the specified Eurocopter model helicopters by individual letters. 
This AD requires visually inspecting the tail gearbox (TGB) control 
lever for a crack. If a crack is found, this AD also requires replacing 
the cracked TGB control lever with an airworthy TGB control lever. 
Optional terminating actions for the inspection requirements of this AD 
can be done by either replacing a TGB control lever with an airworthy 
TGB control lever that is marked with an ``X'' near the part number or 
stripping the rework area and dye-penetrant inspecting that area for a 
crack, and if no crack is found, reworking and marking the TGB control 
lever. If a crack is found, removing and replacing the cracked TGB 
control lever with an airworthy TGB control lever is required. This AD 
is prompted by several reports of cracking in a TGB control lever. The 
actions specified by this AD are intended to prevent failure of the TGB 
control lever, loss of tail rotor control, and subsequent loss of 
control of the helicopter.

DATES: Effective September 2, 2010, to all persons except those persons 
to whom it was made immediately effective by Emergency AD 2010-11-51, 
issued on May 11, 2010, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 2, 2010.
    Comments for inclusion in the Rules Docket must be received on or 
before October 18, 2010.

ADDRESSES: Use one of the following addresses to submit comments on 
this 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 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 the 
AD, any comments, and other information 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 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.

FOR FURTHER INFORMATION CONTACT: J.R. Holton, Jr., Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Safety Management Group, 2601 
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-4964, fax 
(817) 222-5961.

SUPPLEMENTARY INFORMATION: On May 11, 2010, the FAA issued Emergency AD 
2010-11-51 for the specified Eurocopter model helicopters, which 
requires visually inspecting the TGB control lever for a crack. If a 
crack is found, the AD requires replacing the cracked TGB control lever 
with an airworthy TGB control lever. Optional terminating actions for 
the inspection requirements of the AD can be done by either replacing a 
TGB control lever with an airworthy TGB control lever that is marked 
with an ``X'' near the part number or stripping the rework area and 
dye-penetrant inspecting that area for a crack, and if no crack is 
found, reworking and marking the TGB control lever. If a crack is 
found, the AD requires removing and replacing the cracked TGB control 
lever with an airworthy TGB control lever. The AD was prompted by 
several reports of cracking in a TGB control lever, including an 
accident involving a Eurocopter Model AS350B2 helicopter. An 
investigation revealed that a few surface anomalies may lead to a crack 
in the TGB control lever. This condition, if not corrected, could 
result in failure of the TGB control lever, loss of tail rotor control, 
and subsequent loss of control of the helicopter.
    We have reviewed Eurocopter Emergency Alert Service Bulletin (EASB) 
No. 05.00.62, for Model AS350 helicopters and EASB No. 05.00.57 for 
Model AS355 helicopters. Both EASBs are Revision 1, dated April 23, 
2010, and both describe procedures for a visual inspection of the TGB 
control lever for a crack that must be performed after the last flight 
of each day and prior to exceeding 10 flying hours for each inspection. 
The EASBs also describe a rework procedure for affected TGB control 
levers, which must be accomplished within 660 flying hours or no later 
than June 30, 2011, or before installing an affected TGB control lever 
on a helicopter. The one Eurocopter EASB contains four different 
service bulletin numbers (Nos. 05.00.62, 05.00.57, 05.00.38, and 
05.00.35) applicable to four different Eurocopter model helicopters. 
EASB No. 05.00.38 relates to Eurocopter Model AS550 helicopters, and 
EASB No. 05.00.35 relates to Eurocopter Model AS555 helicopters. 
Eurocopter Model AS550 and AS555 helicopters are military models and 
are not type-certificated in the United States. This AD does not 
incorporate EASB No. 05.00.38 nor EASB No. 05.00.35.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for France, notified the FAA that an unsafe condition may exist 
on these helicopter models. EASA advises of a crack discovered in a TGB 
control lever, which could lead to a loss of tail rotor control and 
subsequent loss of control of the helicopter. EASA classified the 
service bulletin as mandatory and issued EASA Emergency AD No. 2010-
0082-E, dated April 27, 2010, to ensure the continued airworthiness of 
these helicopters. The AD differs from EASA Emergency AD No. 2010-0082-
E as follows:
     We include the Eurocopter Model AS350C and AS350D1 
helicopters that may contain the affected TGB control lever;
     We use the term ``hours time-in-service'' rather than 
``flight hours'';
     We do not require replacing the TGB control lever within 
660 hours TIS or 14 months, but instead offer optional terminating 
actions for the repetitive inspection requirements; and
     We do not require you to contact Eurocopter if a crack is 
found during any inspection.
    These helicopter models are type certificated for operation in the 
United States under the provisions of 14 CFR 21.29 and the applicable 
bilateral agreement. Pursuant to the applicable bilateral agreement, 
EASA has kept the FAA informed of the situation described. The FAA has 
examined the findings of EASA, reviewed all available information, and 
determined that AD action is necessary for products of these type 
designs that are certificated for operation in the United States.
    Since the unsafe condition described is likely to exist or develop 
on other Eurocopter model helicopters of these same type designs, the 
FAA issued Emergency AD 2010-11-51 to prevent failure of the TGB 
control lever, loss of tail rotor control, and subsequent loss of

[[Page 50876]]

control of the helicopter. The AD requires within 10 hours time-in-
service (TIS) and thereafter at intervals not to exceed 10 hours TIS, 
visually inspecting the TGB control lever for a crack. If a crack is 
found, the AD requires replacing the cracked TGB control lever with an 
airworthy TGB control lever before further flight. Optional terminating 
actions for the inspection requirements of the AD can be accomplished 
by either replacing a TGB control lever with an airworthy TGB control 
lever that is marked with an ``X'' near the part number or stripping 
the rework area and dye-penetrant inspecting that area for a crack, and 
if no crack is found, reworking and marking the TGB control lever 
before further flight. If a crack is found, removing and replacing the 
cracked TGB control lever with an airworthy TGB control lever is 
required before further flight. The actions must be done by following 
the specified portions of the service bulletin described previously.
    The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
controllability and structural integrity of the helicopter. Therefore, 
visually inspecting the TGB control lever for a crack is required 
within 10 hours TIS replacing any cracked TGB is required before 
further flight, and this AD must be issued immediately.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on May 11, 2010, to all known U.S. owners and operators of the 
specified Eurocopter model helicopters. These conditions still exist, 
and the AD is hereby published in the Federal Register as an amendment 
to 14 CFR 39.13 to make it effective to all persons.
    The FAA estimates that this AD will affect 791 helicopters of U.S. 
registry. The initial and repetitive inspections for a crack in the TGB 
control lever will take a minimal amount of time. The average labor 
rate is $85 per work hour. Replacing a control lever, will take about 3 
work hours, and the required parts will cost about $2,103 per 
helicopter. Based on these figures, we estimate the total cost of the 
AD on U.S. operators to be $1,865,178, assuming the control lever is 
replaced on the entire fleet. If you choose to dye-penetrant inspect, 
remove, rework, and replace the lever, it will take about 5 work hours, 
and the parts will cost about $20 per helicopter. Based on these 
figures, we estimate the total cost of the AD on U.S. operators to be 
$351,995, assuming no control levers are found cracked.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any written data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2010-0782; Directorate 
Identifier 2010-SW-053-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of the AD. We will consider all 
comments received by the closing date and may amend the AD in light 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 AD. Using the search function of our 
docket Web site, you can find and read the comments to any of our 
dockets, including the name of the individual who sent 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).

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:

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:

2010-11-51 Eurocopter France: Amendment 39-16396. Docket No. FAA-
2010-0782; Directorate Identifier 2010-SW-053-AD.

    Applicability: Model AS350B, BA, B1, B2, C, D, and D1 
helicopters and Model AS355E, F, F1, F2, and N helicopters, with a 
tail gearbox (TGB) control lever, part number (P/N) 350A33-1058-00, 
P/N 350A33-1058-01, P/N 350A33-1058-02, or P/N 350A33-1058-03, that 
is not marked with an ``X'' near the P/N, installed, certificated in 
any category.
    Compliance: Required as indicated.
    To detect cracking in a TGB control lever and prevent failure of 
the TGB control lever, loss of tail rotor control, and subsequent 
loss of control of the helicopter, accomplish the following:
    (a) Within 10 hours time-in-service (TIS), unless accomplished 
previously, and thereafter at intervals not to exceed 10 hours TIS, 
visually inspect the affected TGB control

[[Page 50877]]

lever for cracking in accordance with the Accomplishment 
Instructions, paragraph 2.B.1.a., in Eurocopter Emergency Alert 
Service Bulletin (EASB) No. 05.00.62, Revision 1, dated April 23, 
2010, for Model AS350 helicopters or EASB No. 05.00.57, Revision 1, 
dated April 23, 2010, for Model AS355 helicopters.
    (b) If a crack is found, before further flight, remove and 
replace the cracked TGB control lever with an airworthy TGB control 
lever in accordance with the Accomplishment Instructions, paragraph 
2.B.2., in the EASB appropriate for your model helicopter.
    (c) Either of the following options constitutes a terminating 
action for the inspection requirements of this AD:
    (1) Replace a TGB control lever with an airworthy TGB control 
lever that is marked with an ``X'' near the P/N; or
    (2) Strip the rework area ``B'' as shown in Figure 4 of each 
EASB and perform a dye-penetrant inspection on that area for a 
crack. If no crack is found, rework and mark the TGB control lever 
in accordance with paragraph 2.B.3.b. of the EASB appropriate for 
your model helicopter, except you are not required to contact 
Eurocopter France. If a crack is found, before further flight, 
remove and replace the cracked TGB control lever with an airworthy 
TGB control lever in accordance with the Accomplishment 
Instructions, paragraph 2.B.2., in the EASB.

    Note 1: One Eurocopter EASB contains four different service 
bulletin numbers but only portions of 2 EASBs are being 
incorporated.

    Note 2: Installing a reinforced TGB control lever, P/N 350A33-
1524-00 or P/N 350A33-1526-00, that does not need to be marked with 
an ``X'' constitutes compliance with paragraph (c) of this AD.

    (d) 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: J.R. 
Holton, Jr., Aviation Safety Engineer, ASW-112, 2601 Meacham Blvd., 
Fort Worth, Texas 76137, telephone (817) 222-4964, fax (817) 222-
5961, for information about previously approved alternative methods 
of compliance.
    (e) Special flight permits may be issued in accordance with 14 
CFR 21.197 and 21.199 to operate the helicopter to a location where 
the inspection requirements of paragraph (a) of this AD can be 
accomplished.
    (f) The Joint Aircraft System/Component (JASC) Code is 6720: 
Tail Rotor Control System.
    (g) Inspecting, replacing the control lever or removing, 
reworking, and replacing the control lever shall be done in 
accordance with the specified portions of Eurocopter Emergency Alert 
Service Bulletin (EASB) No. 05.00.62, Revision 1, dated April 23, 
2010, for Model AS350 helicopters or EASB No. 05.00.57, Revision 1, 
dated April 23, 2010, for Model AS355 helicopters. The Director of 
the Federal Register approved this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained 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. Copies may be inspected 
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/code_of_federal_regulations/ibr_locations.html.
    (h) This amendment becomes effective on September 2, 2010, to 
all persons except those persons to whom it was made immediately 
effective by Emergency AD 2010-11-51, issued May 11, 2010, which 
contained the requirements of this amendment.

    Note 3: The subject of this AD is addressed in European Aviation 
Safety Agency (France) Emergency AD No. 2010-0082-E, dated April 27, 
2010.

    Issued in Fort Worth, Texas, on August 2, 2010.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-19818 Filed 8-17-10; 8:45 am]
BILLING CODE 4910-13-P
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