The Direction Generale De L'Aviation Civile (DGAC), which is the airworthiness authority for France, has notified the FAA that an unsafe condition may exist on Eurocopter France Model SA-365N, SA-365N1, AS-365N2, and AS-366G1 helicopters. The DGAC advises that, due to the loss of an outboard fin in flight and the discovery of some loose outboard fins in service, within 50 flying hours, the directives stated in paragraphs B1, B2, and B3 of Eurocopter France AS 365 Service Bulletin No. 01.00.40, Revision No. 1, and Eurocopter France AS 366 Service Bulletin No. 01.20, Revision No. 1, both dated October 24, 1996, must be accomplished.
Eurocopter France has issued Eurocopter France AS 365 Service Bulletin No. 01.00.40, Revision No. 1, which is applicable to Model SA-365N, SA-365N1, and AS-365N2 helicopters, and Eurocopter France AS 366 Service Bulletin No. 01.20, Revision No. 1, which is applicable to Model SA-366G1 helicopters, both dated October 24, 1996,which specify checking the tightening torque value on studs on which MOD 0755B08 has not been incorporated. The DGAC classified this service bulletin as mandatory and issued AD 94-076-036(B)R1, dated December 4, 1996, applicable to Model SA-365N, SA-365N1, and AS-365N2 helicopters, and AD 94-077-016(B)R1, dated December 4, 1996, applicable to Model SA-366G1 helicopters, in order to assure the continued airworthiness of these helicopters in France. According to the type certificate data sheet for Eurocopter France helicopters listed in the U.S. Register, the model designation is SA-366G1 instead of AS 366.
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 this type design 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-365N, SA-365N1, AS-365N2, and SA-366G1 helicopters of the same type design registered in the United States, this AD is being issued to prevent an outboard fin separating and contacting the rotor blades during flight, and subsequent loss of control of the helicopter. This AD requires inspecting for rotational play or looseness of the studs and the washers used to attach the outboard fin to the helicopter (if washers are present); inspecting each stud for incremental rotational movement or pure rotation; and if there is rotational play or looseness of any individual stud, performing a dye-penetrant inspection for cracks on each stud utilized in the installation. If a crack is found, replacement of the cracked stud with an airworthy stud is required. The actions are required to be accomplished in accordance with the service bulletins described previously. The outboard fin is a major component of the flight control system. If the outboard fin separated from the helicopter, it could contact the rotor blades during flight, resulting in subsequent loss of control of the helicopter. Due to the criticality of the outboard fin's retention to the continued safe flight of the affected helicopters, this rule must be issued immediately to correct an unsafe condition in the affected helicopters.
Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.
The FAA estimates that 37 helicopters of U.S. Registry will be affected by this AD, thatit will take approximately 2 work hours per helicopter to accomplish the proposed actions, and that the average labor rate is $60 per work hour. Required parts will cost approximately $100 per helicopter. Based on these figures, the total cost impact of the this AD on U.S. operators is estimated to be $8140.
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. 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-53-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 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. Acopy 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: