DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
14 CFR Part 39
[Docket No. FAA-2010-0779; Directorate Identifier 2009-SW-84-AD] RIN 2120
-AA64
AIRWORTHINESS DIRECTIVES; Eurocopter France (ECF) Model AS350B3 and EC130
B4 Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
--------------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
specified ECF 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 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: We must receive comments on this proposed AD by September 10, 2010.
ADDRESSES: You may send comments by any of the following methods:
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.
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 stated in the
ADDRESSES section of this proposal. Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
COMMENTS INVITED
We invite you to send any written data, views, or arguments about this
proposed AD. Send your comments to an address listed in the ADDRESSES
section of this proposal. Include "Docket No. FAA-2010-0779; Directorate
Identifier 2009-SW-84-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. 2009-0256, dated December 2, 2009, to
correct an unsafe condition for the specified Eurocopter model
helicopters.
The MCAI AD states 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.
You may obtain further information by examining the MCAI AD and any
related service information in the AD docket.
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 Model EC130 B4
helicopters. Both ASB's 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" mode 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 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 MCAI AD. We are
proposing 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 helicopters of these same type designs. This proposed AD
would require, before the next autorotation training or on or before 100
hours time- in-service (TIS), whichever occurs first, and thereafter at
intervals not to exceed 600 hours TIS, inspecting the pilot's and co
-pilot's throttle twist grips for proper operation of the contactors,
which provide for changes between the "IDLE and "FLIGHT" positions of the
throttle twist grip control.
DIFFERENCES BETWEEN THIS AD AND THE MCAI AD
We refer to flying hours as hours TIS. Also, we refer to maintenance
actions as inspections rather than checks.
COSTS OF COMPLIANCE
We estimate that this proposed AD would affect about 116 of the Model
EC130B4 helicopter and 231 of the Model AS350 B3 helicopters for a total
of 347 helicopters of U.S. registry. We also estimate that it would take
about \1/2\ work-hour to inspect each helicopter and \1/2\ work-hour to
replace a microswitch. The average labor rate is $85 per work-hour.
Required parts would cost about $538 for the T3933-3 microswitch. Based on
these figures, we estimate the cost of the proposed AD on U.S. operators
would be $21,714, assuming 4 microswitches are replaced on the Model EC130
B4 helicopters and 8 microswitches are replaced on the Model AS350B3
helicopters.
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 product(s) 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 responsib-
ilities among the various levels of government.
Therefore, I certify this proposed AD:
1. Is not a "significant regulatory action" under Executive Order 12866;
2. Is not a "significant rule" under the DOT Regulatory Policies and Pro-
cedures (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: