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).
--------------------------------------------------------------------------
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.
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, Saf-
ety 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 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. 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: