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 Eurocopter France Model SA 330F, G, and J, and AS 332C, L, L1, and L2 helicopters. The DGAC advises that fatigue cracking in spider, part number (P/N) 332A330039.20 or .21, for Model AS 332 helicopters, and P/N 332A330039.20 or .21, or P/N 330A330104.20 or .21 for Model SA 330 helicopters, could result in failure of the spider arm, loss of control of the tail rotor blade and subsequent loss of control of the helicopter.
Eurocopter France has issued Eurocopter France SA 330 Service Bulletin (SB) No. 01.52 R1, Revision No. 1, and Eurocopter France AS 332 SB No. 01.00.43, Revision No. 1, both dated February 14, 1996, which specify a daily check of the root of the spider arm for cracks, and specify detailed inspections of the entire spider arm for cracks or fretting corrosion within 250 hourstime-in-service (TIS). The DGAC classified these service bulletins as mandatory and issued AD 95-262-056(B)R1 for the Model AS 332 helicopters, and AD 95-263-073(B)R1 for the Model SA 330 helicopters, both dated April 10, 1996, in order to assure the continued airworthiness of these helicopters in France.
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 SA 330F, G, and J, and AS 332C, L, L1, and L2 helicopters of the same type design registered in the United States, this AD is being issued to prevent failure of the spider arm, loss of control of the tail rotor blade, and subsequent loss of control of the helicopter. This AD requires a daily inspection, prior to the first flight of the day, of the root of each spider arm for cracks, and requires a detailed inspection of the entire spider arm for cracks and fretting corrosion within 250 hours TIS. A terminating action is provided in the AD by installing an airworthy modified spider, an airworthy replacement spider, or an airworthy repaired spider. The actions are required to be accomplished in accordance with the service bulletins described previously. This AD differs from the DGAC AD's in the required inspection schedule and in the type of inspection that is required. The DGAC AD's require inspections after the last flight of each day. The FAA considers that the most critical time to perform the inspections would be before the first flight of each day and has worded this AD as such. Also, the DGAC AD's require a visual inspection and, if it cannot be determined whether a crack is present, a subsequent dye-penetrant inspection; this AD requires a dye-penetrant inspection and doesn't allow the option of an initial visual inspection.
None of the Model SA 330 or AS 332 helicopters affected by this action are on the U.S. Register. All helicopters included in the applicability of this rule currently are operated by non-U.S. operators under foreign registry; therefore they are not directly affected by this AD action. However, the FAA considers that this rule is necessary to ensure that the unsafe condition is addressed in the event that any of these subject helicopters are imported and placed on the U.S. Register in the future.
Should an affected helicopter be imported and placed on the U.S. Register in the future, it would require approximately 4.0 work hours to accomplish the required inspections, and 1.5 work hours to replace a spider arm at an average labor charge of $60 per work hour. Required parts would cost $100 each. Based on these figures, the cost impact of this AD to inspect and replace all 5 spider arms would be $1,190 per helicopter.
Since this AD action does not effect any helicopter that is currently on the U.S. Register, it has no adverse economic impact and imposes no additional burden on any person. Therefore, notice and public procedures hereon are unnecessary and the amendment may be made effective in less than 30 days after publication in the Federal Register.
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 writtendata, 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. All comments 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. 97-SW-27-AD." The postcard will be date stamped and returned to the commenter.
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 has determined that notice and prior public comment are unnecessary in promulgating this regulation and therefore, it can be issued immediately to correct an unsafe condition in aircraft since none of these model helicopters are registered in the United States, 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: