[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Proposed Rules]
[Pages 54501-54503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25440]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0951; Directorate Identifier 2007-SW-52-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS350B, BA, B1, 
B2, B3, C, D, D1, AS355E, F, F1, F2, and N 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 France (Eurocopter) model helicopters. This 
proposed AD results from 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 AD MCAI states ``EASA issued Airworthiness 
Directive (AD) 2006-0251 and its revisions following a case of total 
failure and a case of a crack discovered on the support shaft of the 
sliding door rear roller. Metallurgical and metallographic analyses 
revealed a nonconformity concerning the heat treatment of the material. 
Since then, other cases of cracks and failures of the roller support 
shaft rear attach fitting had been reported. This condition, if not 
corrected, could lead to the loss of the sliding door in flight.''
    Separation of a sliding door in flight creates an unsafe condition 
because the door could come into contact with the rotor system. The 
proposed AD would require actions that are intended to address this 
unsafe condition.

DATES: We must receive comments on this proposed AD by November 23, 
2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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, 
Texas 75053-4005, telephone (972) 641-3460, fax (972) 641-3527.
    Examining the 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 FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Gary Roach, 
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, Regulations 
and Guidance 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 ADDRESSES section. Include ``Docket No. FAA-2009-0951; 
Directorate Identifier 2007-SW-52-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 based on 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 we 
receive about this proposed AD.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Community, has issued EASA AD No. 2007-0236, dated August 31, 
2007, to correct an unsafe condition for specified Eurocopter model 
helicopters. The MCAI AD states that EASA issued AD 2006-0251 and its 
revisions following a case of total failure and a case of a crack 
discovered on the support shaft of the sliding door rear roller. 
Metallurgical and metallographic analyses revealed a nonconformity 
concerning the heat treatment of the material. Since then, other cases 
of cracks and failures of the roller support shaft rear attach fitting 
had been reported. EASA AD No. 2007-0236 supersedes EASA AD No. 2006-
0251R2 but retains the requirements for repetitive inspections until 
replacement of current parts with improved parts. EASA AD No. 2007-0236 
also prohibits installation of another roller support fitting part 
number (P/N) 350A25-1270-22 on any AS350 or AS355 helicopter. You may 
obtain further information by examining the MCAI AD and service 
information in the AD docket.

Related Service Information

    On July 18, 2006, Eurocopter issued Alert Service Bulletin (ASB) 
No. 52.00.30 for modifying the AS350 series helicopters and ASB No. 
52.00.23 for modifying the AS355 series helicopters. These ASBs 
contained modifications 073298 and 073308. The following day, 
Eurocopter issued ASB No. 05.00.45 for the AS355 model helicopters and 
No. 05.00.47 for the AS350 model helicopters, both dated July 19, 2006. 
Later, Eurocopter issued Revision 1 to ASB No. 52.00.23 for the AS355 
model helicopters and No. 52.00.30 for the AS350 model helicopters, 
both dated June 29, 2007, to modify the sliding door medium roller and 
fitting. The actions described in the MCAI AD are intended to correct 
the same unsafe condition as that identified in the service 
information.

[[Page 54502]]

FAA's Evaluation and Unsafe Condition Determination

    This product has been approved by the aviation authority of France 
and is approved for operation in the United States. Pursuant to our 
bilateral agreement with France, EASA, their technical agent, has 
notified us of the unsafe condition described in the MCAI AD. We are 
proposing this AD because we evaluated all information provided by EASA 
and determined an 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

    This AD differs from EASA AD No. 2007-0236 as follows:
    <bullet> We use the word ``inspect'' to describe the actions 
required by a mechanic versus the word ``check,'' which is how we 
describe the actions allowed by a pilot.
    <bullet> We refer to the compliance time as ``hours time-in-service 
(TIS)'' rather than ``flying hours.''
    <bullet> We do not require an operator to tell the manufacturer if 
a crack is found in the shaft.
    <bullet> We are not including the Model L1, which is a military 
model helicopter; but we are including the Models 350C and D1 
helicopters.

Costs of Compliance

    We estimate that this proposed AD would affect about 725 products 
of U.S. registry. We also estimate that it would take about 4 work-
hours per helicopter to inspect and modify the sliding doors. The 
average labor rate is $80 per work-hour. Required parts would cost 
about $7,000 per helicopter. Based on these figures, we estimate the 
cost of the proposed AD on U.S. operators to be $5,307,000.

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 above, 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); 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 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 AD:

Eurocopter France: Docket No. FAA-2009-0951; Directorate Identifier 
2007-SW-52-AD.

Comments Due Date

    (a) We must receive comments by November 23, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Eurocopter France Model AS350B, BA, B1, 
B2, B3, C, D, D1, AS355E, F, F1, F2, and N helicopters, with sliding 
door pre-MOD 073298 or pre-MOD 073308, installed, certificated in 
any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD 
states ``EASA issued Airworthiness Directive (AD) 2006-0251 and its 
revisions following a case of total failure and a case of a crack 
discovered on the support shaft of the sliding door rear roller. 
Metallurgical and metallographic analyses revealed a nonconformity 
concerning the heat treatment of the material. Since then, other 
cases of cracks and failures of the roller support shaft rear attach 
fitting had been reported. This condition, if not corrected, could 
lead to the loss of the sliding door in flight.'' Separation of a 
sliding door in flight creates an unsafe condition because the door 
could come into contact with the rotor system. This AD requires 
actions that are intended to address this unsafe condition.

Actions and Compliance

    (e) Required as indicated.
    (1) For a sliding door with less than 90 hours time-in-service 
(TIS), on or before accumulating a total of 110 hours TIS, unless 
already done, conduct the visual and dye penetrant inspections of 
the support shaft of the rear roller and the rear fitting (fitting) 
of the sliding door for a crack by reference to Figure 1 and by 
following the Operational Procedure, paragraph 2.B.1 and 2.B.2, of 
Eurocopter Alert Service Bulletin (ASB) No. 05.00.47 dated July 19, 
2006, for the Model AS350 helicopters (ASB 05.00.47) or ASB No. 
05.00.45 dated July 19, 2006, for the Model AS355 helicopters (ASB 
05.00.45), except you are not required to contact the manufacturer.
    (i) If no crack is found in the shaft or fitting, reinstall the 
shaft on the fitting, fit the spring pins, and plug the pin holes by 
following the Operational Procedure, paragraph 2.B.2. of ASB 
05.00.47 or 05.00.45, whichever is appropriate for your model 
helicopter.
    (ii) If you find a crack in the fitting, replace the fitting 
with an airworthy fitting before further flight.
    (iii) If you find a crack in the shaft, replace the shaft with 
an airworthy shaft before further flight, by reference to Figure 1 
and following paragraph 2.B.3. of ASB 05.00.47 or 05.00.45, 
whichever is appropriate for your model helicopter.
    (2) For a sliding door with 90 or more hours TIS, within the 
next 20 hours TIS, unless already done, and thereafter at intervals 
not to exceed 110 hours TIS, conduct the visual and dye penetrant 
inspections of the support shaft of the rear roller and the fitting 
of the sliding door for a crack by reference to Figure 1 and by 
following the Operational Procedure, paragraph 2.B.1 and 2.B.2, of 
ASB 05.00.47 or ASB 05.00.45, whichever is appropriate for your 
model helicopter, except you are not required to contact the 
manufacturer.
    (i) If no crack is found in the shaft and fitting, reinstall the 
shaft or fitting, fit the spring pins, and plug the pin holes by 
following the Operational Procedure, paragraph 2.B.2. of ASB 
05.00.47 or 05.00.45, whichever is appropriate for your model 
helicopter.

[[Page 54503]]

    (ii) If you find a crack in the fitting, replace the fitting 
with an airworthy fitting before further flight.
    (iii) If you find a crack in the shaft, replace the shaft with 
an airworthy shaft before further flight by reference to Figure 1 
and by following paragraph 2.B.3. of ASB 05.00.47 or 05.45, 
whichever is appropriate for your model helicopter.
    (3) After the effective date of this AD, do not install any of 
the following parts on any helicopter:
    (i) Left-hand sliding door, part number (P/N) 350A25-0030-00XX, 
350A25-0120-00XX, and 350AMR-0227-0052;
    (ii) Right-hand sliding door, P/N 350A25-0030-01XX, 350A25-0120-
01XX, 350A25-0120-03XX, and 350AMR-0227-0051;
    (iii) Rail roller pin, P/N 350A25-1275-20; and
    (iv) Cast roller support fittings, P/N 350A25-1270-20 and P/N 
350A25-1270-22.

Differences Between This AD and the MCAI AD

    (f) This AD differs from EASA AD No. 2007-0236 as follows:
    (1) We use the word ``inspect'' to describe the actions required 
by a mechanic versus the word ``check,'' which is how we describe 
the actions allowed by a pilot.
    (2) We refer to the compliance time as hours time-in-service 
(TIS) rather than flying hours.
    (3) We do not require an operator to inform the manufacturer if 
a crack is found in the shaft as specified in the service 
information.
    (4) We do not include the Model L1, which is a military model 
helicopter; but we are including the Models 350C and D1 helicopters.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, Rotorcraft Directorate, ATTN: DOT FAA, 
Southwest Region, Gary Roach, ASW-111, Aviation Safety Engineer, 
Regulations and Guidance Group, 2601 Meacham Blvd., Fort Worth, 
Texas 76137, telephone (817) 222-5130, 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 EASA AD No. 2007-0236, dated August 31, 2007, contains 
related information.

Joint Aircraft System Component (JASC) Code

    (i) JASC Code 5344: Fuselage Door Hinges.

    Issued in Fort Worth, Texas, on October 8, 2009.
Larry M. Kelly,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-25440 Filed 10-21-09; 8:45 am]
BILLING CODE 4910-13-P