[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Rules and Regulations]
[Pages 857-858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31584]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules
and Regulations
[[Page 857]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0774; Directorate Identifier 2010-SW-057-AD;
Amendment 39-17302; AD 2012-26-07]
RIN 2120-AA64
Airworthiness Directives; Eurocopter France Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for
Eurocopter France (Eurocopter) Model AS350BA helicopters with certain
AERAZUR emergency flotation gear container assemblies installed. This
AD requires replacing each affected emergency flotation gear container
assembly (container assembly) at specified time limits based on the
date of manufacture. This AD was prompted because container assemblies
with an intended operating limitation of 10 years may not have been
replaced because the limit is no longer recorded in the Maintenance
Program. The actions of this AD are intended to prevent failure of the
emergency container assembly because of age and subsequent damage to
the helicopter and injury to the occupants after an emergency water
landing.
DATES: This AD is effective February 11, 2013.
ADDRESSES: For service information identified in this AD, contact
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 review the referenced service information
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas 76137.
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, any incorporated-by-reference
service information, the economic evaluation, any comments received,
and other information. The street address for the Docket Operations
Office (phone: 800-647-5527) is U.S. Department of Transportation,
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5130, fax (817)
222-5961, email [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
On July 26, 2012, at 77 FR 43734, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 to include an AD that would apply to Eurocopter Model
AS350BA helicopters with AERAZUR left-hand emergency flotation gear
container assembly (container assembly), part number (P/N) 158170 or
158210-1, or right-hand container assembly, P/N 158171 or 158215-1,
installed. That NPRM proposed to require replacing each container
assembly at specified time limits based on the date of manufacture. The
proposed requirements were intended to prevent failure of the emergency
container assembly because of age and subsequent damage to the
helicopter and injury to the occupants after an emergency water
landing.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, issued EASA AD No.
2008-0189, dated October 10, 2008, to correct an unsafe condition for
the Eurocopter Model AS350BA helicopters with certain AERAZUR emergency
flotation gear installed. EASA advises that that the container
assemblies have an operating life limit of 10 years from the date of
manufacture. The EASA AD states that ``as of June 2006, this limit is
no longer recorded in the Maintenance Program; therefore, after June
2006, container assemblies having already exceeded the 10-year limit
could have not been replaced yet.'' The EASA AD also states that
``floating performance of a helicopter may prove to be insufficient in
the event of ditching, in case of failure of a container assembly being
operated beyond its operating time limit.''
Comments
We gave the public the opportunity to participate in developing
this AD, but we received no comments on the NPRM (77 FR 43734, July 26,
2012).
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, its 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 exists
and is likely to exist or develop on other helicopters of these same
type designs and that air safety and the public interest require
adopting the AD requirements as proposed.
Related Service Information
Eurocopter has issued Alert Service Bulletin No. 25.01.02, dated
September 24, 2008 (EASB), which specifies certain times measured from
the date of manufacture to replace the container assemblies. EASA
classified this EASB as mandatory and issued AD No. 2008-0189, dated
October 10, 2008, to ensure the continued airworthiness of these
helicopters.
Costs of Compliance
We estimate that this AD will affect 85 helicopters of U.S.
registry. We estimate that operators may incur the following costs to
comply with this AD.
It will take minimal time to determine the manufacturing
date of the container and about 1/2 work-hour per helicopter to replace
the container assemblies at an average labor rate of $85 per work hour.
[[Page 858]]
Required parts will cost about $21,775 for the left
container assembly and $26,690 for the right container assembly per
helicopter.
Based on these figures, we estimate the AD's total cost impact on
U.S. operators to be $485,075, assuming 10 helicopters require
replacement of the right and left container assemblies.
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 helicopters identified in this
rulemaking action.
Regulatory Findings
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 above, 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 airworthiness
directive (AD):
2012-26-07 Eurocopter France Helicopters: Amendment 39-17302; Docket
No. FAA-2012-0774; Directorate Identifier 2010-SW-057-AD.
(a) Applicability
This AD applies to Model AS350BA helicopters with AERAZUR left-
hand emergency flotation gear container assembly (container
assembly), part number (P/N) 158170 or 158210-1, or right-hand
container assembly, P/N 158171 or 158215-1, installed, certificated
in any category.
(b) Unsafe Condition
This AD defines the unsafe condition as failure of the container
assembly because of age. This condition could result in damage to
the helicopter and injury to the occupants after an emergency water
landing.
(c) Effective Date
This AD becomes effective February 11, 2013.
(d) Compliance
You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.
(e) Required Actions
(1) Determine the manufacturing date of each part-numbered
container assembly stamped on the cover of the identification plate.
(2) Replace each container assembly with an airworthy container
assembly as follows:
(i) For a container assembly with a date of manufacture 12 or
more years before the effective date of this AD, replace within 30
days.
(ii) For a container assembly with a date of manufacture 10 or
more years and less than 12 years before the effective date of this
AD, replace within 60 days.
(iii) For a container assembly with a date of manufacture 9 or
more years and less than 10 years before the effective date of this
AD, replace before reaching 10 years and 60 days.
(iv) For a container assembly with a date of manufacture less
than 9 years before the effective date of this AD, replace before
reaching 10 years.
(f) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Aviation Safety Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Gary Roach, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email [email protected].
(2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR 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.
(g) Additional Information
(1) Eurocopter Alert Service Bulletin No. 25.01.02, dated
September 24, 2008, which is not incorporated by reference, contains
additional information about the subject of this AD. For service
information identified in this AD, contact 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 review a copy of the service information
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas 76137.
(2) The subject of this AD is addressed in European Aviation
Safety (EASA) AD No. 2008-0189, dated October 10, 2008.
(h) Subject
Joint Aircraft Service Component (JASC) Code: 3212 Emergency
Flotation Section.
Issued in Fort Worth, Texas, on December 20, 2012.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2012-31584 Filed 1-4-13; 8:45 am]
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