Airworthiness Directives; Eurocopter France Helicopters, 5994-5996 [2012-2418]

Download as PDF 5994 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations Issued in Fort Worth, Texas, on December 28, 2011. M. Monica Merritt, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2012–1118 Filed 2–6–12; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: 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 https://www.regulations.gov. Follow the online instructions for sending your comments electronically. • Fax: 202–493–2251. • 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 srobinson on DSK4SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:59 Feb 06, 2012 Jkt 226001 at https://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 (800) 647–5227) 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 (972) 641–0000 or (800) 232–0323, fax (972) 641–3775, or at https:// 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 (817) 222–5126, email: jim.grigg@faa.gov. 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– PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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 E:\FR\FM\07FER1.SGM 07FER1 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 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. that is likely to exist or develop on products identified in this rulemaking action. 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. 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. srobinson on DSK4SPTVN1PROD with RULES 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 VerDate Mar<15>2010 15:59 Feb 06, 2012 Jkt 226001 Regulatory Findings 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 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. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 5995 (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 (817) 222– 5126, email: jim.grigg@faa.gov. (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 (972) 641–0000 E:\FR\FM\07FER1.SGM 07FER1 5996 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations or (800) 232–0323, fax (972) 641–3775, or at https://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 (202) 741– 6030, or go to: https://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] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2011–1171; Directorate Identifier 2011–NM–101–AD; Amendment 39–16932; AD 2012–02–09] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes properties that deteriorate with age. This AD requires reworking certain air distribution ducts in the ECS. We are issuing this AD to prevent ignition of the BMS 8–39 or AMS 3570 polyurethane foam insulation on the duct assemblies of the ECS due to a potential electrical arc, which could start a small fire and lead to a larger fire that may spread throughout the airplane through the ECS. DATES: This AD is effective March 13, 2012. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of March 13, 2012. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H–65, Seattle, Washington 98124– 2207; telephone (206) 544–5000, extension 1; fax (206) 766–5680; email me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call (425) 227– 1221. Examining the AD Docket Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737–100, –200, –200C, and –300 series airplanes. This AD was prompted by a report from the airplane manufacturer that airplanes were assembled with air distribution ducts in the environmental control system (ECS) wrapped with Boeing Material Specification (BMS) 8–39 or Aeronautical Materials Specifications (AMS) 3570 polyurethane foam insulation, a material with fire-retardant SUMMARY: You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: (800) 647–5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Kimberly A. DeVoe, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM– 150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057–3356; phone: (425) 917–6495; fax: (425) 917–6590; email: Kimberly.Devoe@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM published in the Federal Register on November 7, 2011 (76 FR 68666). That NPRM proposed to require reworking certain air distribution ducts in the ECS. Comments We gave the public the opportunity to participate in developing this AD. We have considered the comments received. Boeing supports the NPRM (76 FR 68666, November 7, 2011). Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD as proposed—except for minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM (76 FR 68666, November 7, 2011) for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM (76 FR 68666, November 7, 2011). Costs of Compliance We estimate that this AD affects 292 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Action Labor cost Duct assembly rework/part marking ................... 250 work-hours × $85 per hour = $21,250 ........ srobinson on DSK4SPTVN1PROD with RULES 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 VerDate Mar<15>2010 15:59 Feb 06, 2012 Jkt 226001 Parts cost 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 $3,545 Cost per product $24,795 Cost on U.S. operators $7,240,140 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 E:\FR\FM\07FER1.SGM 07FER1

Agencies

[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Rules and Regulations]
[Pages 5994-5996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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 https://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     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 https://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 (800) 647-5227) 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 (972) 641-0000 or (800) 232-0323, fax (972) 641-3775, or at 
https://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 (817) 222-5126, email: jim.grigg@faa.gov.

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

[[Page 5995]]

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 (817) 222-5126, email: 
jim.grigg@faa.gov.
    (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 (972) 641-0000

[[Page 5996]]

or (800) 232-0323, fax (972) 641-3775, or at https://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 (202) 741-6030, or go 
to: https://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]
BILLING CODE 4910-13-P
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