Basis for Issuing This AD
The Direction Generale De L'Aviation Civile (DGAC), which is the airworthiness authority for France, recently notified the FAA that an unsafe condition may exist on Model SE. 3160, SA. 316B, SA. 316C, and SA. 319B helicopters. The DGAC advises that, due to the failure of a blade, the spar skin and blade root reinforcement strip area should be checked for separations, cracks, and corrosion.
Eurocopter France has issued Eurocopter SA 316/319 Service Bulletin No. 05.92 Revision No. 1, dated September 28, 1998 (SB). That SB specifies an inspection for bonding separation in the area along the reinforcement strip using a tapping method, and a visual inspection for cracks or corrosion in the blade root area skin using a 3- to 7-power magnifying glass. The DGAC classified this service bulletin as mandatory and issued DGAC AD 98-285-057(A), dated July 15, 1998, and DGAC AD 98-285-057(A) R1, dated December 16, 1998, in order to assure the continued airworthiness of these helicopters in France. The DGAC AD's require the initial inspection within 25 flying hours or 6 months, the Eurocopter SB recommends the initial inspection within 25 hours. The FAA has determined that the initial inspection must be accomplished before further flight to ensure public safety.
These helicopter models are manufactured in France and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above. The FAA has examined the findings of the DGAC, reviewed all available information, and determined that AD action is necessary for products of these type designs that are certificated for operation in the United States.
Since an unsafe condition has been identified that is likely to exist or develop on other Eurocopter France Model SE. 3160, SA. 316B, SA. 316C, and SA. 319B helicopters of the same type designs registered in the United States, this AD is being issued to detect a bonding separation, corrosion, or a crack in the area of the blade root reinforcement strip, which could result in failure of a blade and subsequent loss of control of the helicopter. This AD requires inspecting each spar skin and blade root reinforcement strip area for a bonding separation, corrosion, or a crack, and replacing the blade if any bonding separation, corrosion, or a crack is found. The actions are required to be accomplished in accordance with the service bulletin described previously. The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the structural integrity of the helicopters. Therefore, the initial inspections are required before further flight, and the repetitive inspections are requiredat intervals not to exceed 100 hours time-in-service (TIS) or 6 calendar months, whichever occurs first, and this AD must be issued immediately.
Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment on this AD are not practical, and that good cause exists for making this amendment effective in less than 30 days.
Cost Impact
The FAA estimates that 24 helicopters will be affected by this AD, that it will take approximately 1.5 work hours to do the visual inspection, and 16.0 hours to replace a blade, if necessary, and that the average labor rate is $60 per work hour. Required parts will cost approximately $40,000 per helicopter. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $2,160 to conduct one inspection of the fleet, and $40,960 per helicopter to replace one blade (if necessary).
Comments Invited
Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified under the caption "ADDRESSES." All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. Allcomments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket No. 98-SW-58-AD." The postcard will be date stamped and returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct effects 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, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The FAA's Determination
The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a "significant regulatory action" under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES."
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends 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.
39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: