[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Rules and Regulations]
[Pages 5994-5996]
[FR Doc No: 2012-2418]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0086; Directorate Identifier 2011-SW-045-AD;
Amendment 39-16936; AD 2012-02-13]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Eurocopter France EC130B4 helicopters that have not had Eurocopter
Modification 073880 incorporated. This AD is prompted by several
reports of cracks in the tailboom/Fenestron junction frame, which could
result in structural failure of the tail boom, resulting in detachment
of the Fenestron (tail rotor) and subsequent loss of control of the
helicopter. We are issuing this AD to correct the unsafe condition on
these helicopters.

DATES: This AD becomes effective February 22, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of February 22,
2012.
    We must receive comments on this AD by April 9, 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:<PHONE_NUMBER>.
     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 AD, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
    For service information identified in this AD, contact American
Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX 75052,
telephone<PHONE_NUMBER> or<PHONE_NUMBER>, fax<PHONE_NUMBER>, or at
http://www.eurocopter.com/techpub. You may review copies of 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, FAA, Rotorcraft
Directorate, Safety Management Group, 2601 Meacham Blvd., Fort Worth,
TX 76137, telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, 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 resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, 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 them 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 rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
No. 2011-0116, dated July 6, 2011 (AD 2011-0116) to correct an unsafe
condition for Eurocopter EC 130 B4 helicopters. EASA advises of several
reports of cracks in the tailboom/Fenestron junction frame. Prompted by
these reports, Eurocopter published Information Notice No. 2167-I-53
(2167-I-53). Since publication of 2167-I-53, new cases of cracks in the
tailboom/Fenestron junction frame have been reported. Examination of
the parts revealed the cracks were longer than the previously reported
cracks and started to develop in the plane of the rivet head
countersink on the right hand (RH) side of the Fenestron and spread to
the web of the frame. This condition, if not corrected, could lead to
structural failure, which could result in Fenestron detachment and
consequent loss of control of the helicopter. AD 2011-0116 requires
repetitive inspections of the affected area and depending on findings,
accomplishing corrective actions.

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, 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 is
likely to exist or develop on other helicopters of these same type
designs.

Related Service Information

    We reviewed Eurocopter Emergency Alert Service Bulletin 53A019,
dated June 14, 2011 (EASB). The EASB describes procedures for
inspecting the RH side of the tailboom/Fenestron junction frame from
the inside and outside for cracks. If a crack is present, the EASB
requires contacting Eurocopter for approved repair instructions.

AD Requirements

    This AD requires compliance with specified portions of the
manufacturer's service bulletin, except as discussed under
``Differences Between this AD and the EASA AD.''

Differences Between This AD and the EASA AD

    The EASA AD allows for flights for a certain period of time with
known cracks. Except for limited ferry flights, this AD does not permit
operations with known cracks. The EASA AD allows for an initial
inspection which does not

require stripping the paint, and then stripping the paint prior to
inspection within 110 flight hours. This AD mandates stripping the
paint as part of the initial inspection.

Costs of Compliance

    We estimate that this AD will affect 109 helicopters of U.S.
Registry.
    We estimate that operators may incur the following costs in order
to comply with this AD. To inspect the tailboom/Fenestron junction
frame for a crack will require 1 work-hour at an average labor cost of
$85 per hour, for a total cost per inspection cycle of $85 per
helicopter and $9,265 for the entire fleet. To replace a tailboom with
an airworthy tailboom will require 50 work-hours and a parts cost of
$60,000, for a total cost per helicopter of $64,250.

FAA's Justification and Determination of the Effective Date

    These helicopters are used primarily by air tour and helicopter
Emergency medical services. Helicopters used in these industries
average in excess of 100 hours TIS per month. The cracks are in a
primary structure of the helicopter that may prevent further safe
flight. Therefore, we find that the risk to the flying public justifies
waiving notice and comment prior to the adoption of this rule because
the required corrective actions must be accomplished within 10 hours
TIS, a very short time period based on the average flight-hour
utilization rate of these helicopters. Since an unsafe condition exists
that requires the immediate adoption of this AD, we determined that
notice and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in less than 30 days.

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 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, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under 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 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2012-02-13 Eurocopter France: Amendment 39-16936; Docket No. FAA-
2012-0086; Directorate Identifier 2011-SW-045-AD.

    (a) Applicability. This AD applies to Model EC130B4 helicopters
that do not have Eurocopter Modification (MOD) 073880 incorporated,
all serial numbers, certificated in any category.
    (b) Unsafe Condition. This AD defines the unsafe condition as
cracks on the tailboom/Fenestron junction frame. This condition
could result in structural failure of the tailboom, detachment of
the Fenestron, and subsequent loss of control of the helicopter.
    (c) Effective Date. This airworthiness directive (AD) becomes
effective February 22, 2012.
    (d) Compliance. You are responsible for performing each action
required by this AD within the specified compliance time unless
accomplished previously.
    (e) Corrective Actions.
    (1) Within 10 hours time-in-service (TIS):
    (i) Inspect the right hand side of the tailboom/Fenestron
junction frame for cracks in the web from the inside as depicted in
Details C and D of Figure 2 of Eurocopter Emergency Alert Service
Bulletin 53A019, dated June 14, 2011 (EASB).
    (ii) Strip the paint on the areas of the right hand side of the
tailboom/Fenestron junction frame depicted in Detail E of Figure 3
of the EASB. Apply a coat of primer to the stripped area. Apply
varnish to the stripped area.
    (iii) Inspect the stripped area of the frame for cracks from the
outside.
    (2) Thereafter at intervals not to exceed 50 hours TIS, inspect
the frame by following the inspection requirements of paragraphs
(1)(i) and (1)(iii) of this AD.
    (3) If there is a crack, before further flight, replace the
tailboom with an airworthy tailboom that incorporates Eurocopter MOD
073880.
    (4) After the effective date of this AD, do not install a
tailboom that does not incorporate Eurocopter MOD 073880 on any
helicopter.
    (f) Special flight permits. Special flight permits may be issued
for up to 2 hours TIS to ferry the helicopter to a repair facility
if the crack does not extend into the web of the tailboom/Fenestron
junction frame.
    (g) Alternative Methods of Compliance (AMOCs).
    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Jim Grigg, Manager, FAA,
Rotorcraft Directorate, Safety Management Group, 2601 Meacham Blvd.,
Fort Worth, TX 76137, telephone<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    (2) For operations conducted under a Part 119 operating
certificate or under 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.
    (h) Subject. Joint Aircraft System Component (JASC) Code: 5302:
Rotorcraft Tail Boom.
    (i) Additional Information. The subject of this AD is addressed
in European Aviation Safety Agency (France) AD No. 2011-0116, dated
July 6, 2011.
    (j) Material Incorporated by Reference. You must use the
specified portions of Eurocopter Emergency Alert Service Bulletin
53A019, dated June 14, 2011, to do the specified actions required by
this AD.
    (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 N. Forum Drive, Grand Prairie,
TX 75052, telephone<PHONE_NUMBER>

or<PHONE_NUMBER>, fax<PHONE_NUMBER>, or at http://www.eurocopter.com/techpub.
    (3) You may review copies of the referenced service information
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth Texas 76137 or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go
to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Fort Worth, Texas, on January 23, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-2418 Filed 2-6-12; 8:45 am]
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