
[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Proposed Rules]
[Pages 65492-65493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29431]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / 
Proposed Rules  

[[Page 65492]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1090; Directorate Identifier 2009-SW-31-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS355E, AS355F, 
AS355F1, AS355F2, and AS355N 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 
Eurocopter France (Eurocopter) Model AS355E, AS355F, AS355F1, AS355F2, 
and AS355N 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 
metallurgical non-conformity was discovered on a flange of the forward 
shaft section of the tail rotor drive shaft (drive shaft). The MCAI AD 
also states that stress analysis has shown that this non-conformity can 
significantly reduce the strength of the drive shaft and thereby its 
service life. The proposed actions are intended to remove non-
conforming drive shafts from service and prevent failure of the drive 
shaft and subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by January 11, 
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: Uday Garadi, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Guidance Group, 2601 
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5123, 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-2009-1090; 
Directorate Identifier 2009-SW-31-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 has issued AD 2006-0100, dated April 24, 2006, to correct an 
unsafe condition for Eurocopter Model AS355E, AS355F, AS355F1, AS355F2, 
and AS355N helicopters with a drive shaft forward shaft section, part 
number 355A 34-1090-00, and a serial number from M858 (inclusive) up to 
M873 (inclusive). EASA advises of the discovery of a non-conformity in 
the metal of a flange of the drive shaft of an AS355 helicopter. EASA 
also advises that stress analysis has shown that this non-conformity 
may significantly reduce the strength and the service life of this 
component. The proposed AD is intended to remove non-conforming drive 
shafts from service and prevent failure of the drive shaft and 
subsequent loss of control of the helicopter. You may obtain further 
information by examining the MCAI AD and any related service 
information in the AD docket.

Related Service Information

    Eurocopter has issued Alert Service Bulletin No. 01.00.51, Revision 
1, dated February 9, 2006. The actions described in the MCAI AD are 
intended to correct the unsafe condition identified in the service 
information.

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 the unsafe condition exists and is likely to exist or 
develop on other products of the same type design. This proposed AD 
would require removing any non-conforming drive shaft and replacing it 
with an airworthy drive shaft that is not included in the applicability 
of the AD.

Differences Between This Proposed AD and the MCAI AD

    This AD would differ from the MCAI AD as follows:

[[Page 65493]]

     We refer to the compliance time as ``hours time-in-
service'' rather than ``flying hours'' and
     We do not require returning spares to the manufacturer.

Costs of Compliance

    We estimate that this proposed AD would affect about 96 helicopters 
of U.S. registry. We also estimate that it would take about 2 work-
hours per helicopter to do the proposed actions. The average labor rate 
is $80 per work-hour. Required parts would cost about $8,335 per 
helicopter. Based on these figures, we estimate the cost of the 
proposed AD on U.S. operators would be $815,520, or $8,495 per 
helicopter, assuming that the drive shaft is replaced on each 
helicopter.

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 responsibilities 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 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, 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-2009-1090; Directorate Identifier 
2009-SW-31-AD.

Comments Due Date

    (a) We must receive your comments by January 11, 2010.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model AS355E, AS355F, AS355F1, AS355F2, 
and AS355N helicopters with tail rotor drive shaft forward shaft 
section, part number 355A 34-1090-00, serial number 858 through 873 
(inclusive) with a prefix ``M,'' certificated in any category. This 
AD does not apply to helicopters manufactured after January 1, 2005.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD 
states that a metallurgical non-conformity was discovered on a 
flange of the forward shaft section of the tail rotor drive shaft 
(drive shaft). The MCAI AD also states that stress analysis has 
shown that this non-conformity can significantly reduce the strength 
of the drive shaft and thereby its service life. This AD is intended 
to remove non-conforming drive shafts from service and prevent 
failure of the drive shaft and subsequent loss of control of the 
helicopter.

Actions and Compliance

    (e) Unless already accomplished, do the following:
    (1) For any drive shaft that has less than 2,400 hours time-in-
service (TIS), on or before reaching 2,500 hours TIS, remove the 
drive shaft and replace it with an airworthy drive shaft that is not 
included in the applicability of this AD.
    (2) For any drive shaft with 2,400 or more hours TIS, within the 
next 100 hours TIS, remove the drive shaft and replace it with an 
airworthy drive shaft that is not included in the applicability of 
this AD.

Differences Between This AD and the MCAI AD

    (f) This AD differs from the MCAI AD as follows:
    (1) We refer to the compliance time as ``hours time-in-service'' 
rather than ``flying hours'' and
    (2) We do not require returning spares to the manufacturer.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, FAA, ATTN: Uday Garadi, Aviation Safety 
Engineer, Regulations and Guidance Group, FAA, Rotorcraft 
Directorate, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone 
(817) 222-5123, 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) European Aviation Safety Agency (EASA) AD No. 2006-0100, 
dated April 24, 2006, and Eurocopter Alert Service Bulletin No. 
01.00.51, Revision 1, dated February 9, 2006, contain related 
information.

Joint Aircraft System/Component (JASC) Code

    (i) JASC Code 6510: Tail rotor drive shaft.

    Issued in Fort Worth, Texas on November 23, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-29431 Filed 12-9-09; 8:45 am]
BILLING CODE 4910-13-P


