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[Federal Register: August 11, 2010 (Volume 75, Number 154)]
[Proposed Rules]               
[Page 48618-48620]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au10-20]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0781; Directorate Identifier 2007-SW-49-AD]
RIN 2120-AA64

 
Airworthiness Directives; Eurocopter France Model AS-365N2, AS 
365 N3, and SA-365N1 Helicopters

AGENCY: Federal Aviation Administration, 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 France model helicopters. This proposed AD would 
require replacing the aluminum tail rotor (T/R) blade pitch control 
shaft with a steel T/R blade pitch control shaft. This proposed AD is 
prompted by an incident involving a Eurocopter France Model AS-365N2 
helicopter on which there was a loss of control of the T/R due to a 
broken shaft. The actions specified by this proposed AD are intended to 
prevent failure of the T/R blade pitch control shaft, loss of T/R 
control, and subsequent loss of control of the helicopter.

[[Page 48619]]

DATES: Comments must be received on or before October 12, 2010.

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: Jim Grigg, Aviation Safety Engineer, 
Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5126, fax (817) 
222-5961.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any written data, views, or arguments 
regarding this proposed AD. Send your comments to the address listed 
under the caption ADDRESSES. Include the docket number ``FAA-2010-0781, 
Directorate Identifier 2007-SW-49-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed 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 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 EASA 
AD No. 2007-0220, dated August 13, 2007, to correct an unsafe condition 
for Eurocopter AS 365 N2, AS 365 N3, and SA 365 N1 helicopters, all 
serial numbers, equipped with an aluminum T/R blade pitch control 
shaft, part number (P/N) 365A33.6161.20 or P/N 365A33.6161.21. The EASA 
advises of an incident in which the pilot of a Model AS 365 N2 
helicopter encountered a loss of control of the T/R, but executed an 
uneventful run-on landing. A subsequent investigation revealed that the 
T/R blade pitch control shaft, P/N 365A33.6161.21, had broken in the 
main section of the shaft sliding area, which appeared to be damaged by 
peening. The origin of the crack, which developed under fatigue 
loading, could not be determined. However, accidental damage (i.e., 
shock impact), is believed to have caused the initiation of a crack.

Related Service Information

    Eurocopter has issued Alert Service Bulletin No. 01.00.59, dated 
June 21, 2007, which specifies removing any T/R blade pitch control 
shaft, P/N 365A33.6161.20 or P/N 365A33.6161.21, and replacing it with 
a steel T/R blade pitch control shaft, P/N 365A33.6214.20. The EASA 
classified this alert service bulletin as mandatory and issued EASA AD 
No. 2007-0220, dated August 13, 2007, to ensure the continued 
airworthiness of these helicopters.

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, the EASA, their technical 
representative, has notified us of the unsafe condition described in 
the EASA AD. We are proposing this AD because we evaluated all 
information provided by the EASA and determined the unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs. This proposed AD would require, within 100 hours 
time-in-service, removing any aluminum T/R blade pitch control shaft, 
P/N 365A33.6161.20 or P/N 365A33.6161.21, and replacing it with a steel 
T/R blade pitch control shaft, P/N 365A33.6214.20. The actions would be 
required to be accomplished by following specified portions of the 
alert service bulletin described previously.

Differences Between This Proposed AD and the EASA AD

    Our proposed AD differs from the EASA AD in that we require 
compliance within 100 hours time-in-service instead of no later than 
December 31, 2007, since that date has passed.

Costs of Compliance

    We estimate that this proposed AD would affect 36 helicopters of 
U.S. registry and the proposed actions would take approximately 12 work 
hours per helicopter to accomplish at an average labor rate of $85 per 
work hour. Required parts would cost approximately $3,525. Based on 
these figures, we estimate the total cost impact of the proposed AD on 
U.S. operators to be $163,620 to replace the aluminum T/R blade pitch 
control shaft on the entire fleet, or $4,545 per helicopter.

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

[[Page 48620]]

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, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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 
to read as follows:

Eurocopter France: Docket No. FAA-2010-0781; Directorate Identifier 
2007-SW-49-AD.

    Applicability: Model AS-365N2, AS 365 N3, and SA-365N1 
helicopters, with an aluminum tail rotor (T/R) blade pitch control 
shaft, part number (P/N) 365A33.6161.20 or P/N 365A33.6161.21, 
installed, certificated in any category.
    Compliance: Required within 100 hours time-in-service, unless 
accomplished previously.
    To prevent failure of the T/R blade pitch control shaft, loss of 
T/R control, and subsequent loss of control of the helicopter, 
accomplish the following:
    (a) Remove the aluminum T/R blade pitch control shaft, P/N 
365A33.6161.20 or P/N 365A33.6161.21, and replace it with a steel T/
R blade pitch control shaft, P/N 365A33.6214.20, in accordance with 
the Accomplishment Instructions, Operational Procedure, paragraphs 
2.B.1. through 2.B.3., of Eurocopter Alert Service Bulletin No. 
01.00.59, dated June 21, 2007.
    (b) 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, Rotorcraft 
Directorate, FAA, ATTN: Jim Grigg, Aviation Safety Engineer, 2601 
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5126, 
fax (817) 222-5961.
    (c) The Joint Aircraft System/Component (JASC) Code is 6500: 
Tail Rotor Drive System.

    Note:  The subject of this AD is addressed in European Aviation 
Safety Agency AD No. 2007-0220, dated August 13, 2007.

    Issued in Fort Worth, Texas, on August 2, 2010.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-19823 Filed 8-10-10; 8:45 am]
BILLING CODE 4910-13-P
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