AD 2014-05-07

This AD is effective April 15, 2014.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 15, 2014.

For service information identified in this AD, contact Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.airbushelicopters.com/techpub. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

Robert Grant, Aviation Safety Engineer, Rotorcraft Directorate, Safety Management Group, 2601 Meacham Blvd., Fort Worth, TX 76137, telephone 817-222-5110, email robert.grant@faa.gov.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2010-11-51, Amendment 39-16396 (75 FR 50874, August 18, 2010). AD 2010-11-51 applied to Eurocopter Model AS350B, BA, B1, B2, C, D, and D1 helicopters and Model AS355E, F, F1, F2, and N helicopters with certain part-numbered tail gearbox (TGB) control levers installed. The NPRM published in the Federal Register on June 17, 2013 (78 FR 36129). The NPRM proposed to retain the requirements in AD 2010-11-51 to perform repetitive visual inspections in a certain area on each TGB control lever not marked with an “X” and to replace a cracked part. Also, the NPRM proposed to require inspecting another area of each TGB control lever at additional intervals. The NPRM also proposed replacing each TGB control lever with a reworked TGB control lever marked with an “X” near the P/N or with a TGB control lever with a P/N not listed in the applicability of the AD. The proposed requirements were intended to prevent failure of the TGB control lever, loss of tail rotor control, and subsequent loss of control of the helicopter.

The NPRM was prompted by Emergency AD No. 2011-0038-E, dated March 4, 2011 (AD No. 2011-0038-E), issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for the Eurocopter Model AS350B, BA, BB, B1, B2, and D, and AS355E, F, F1, F2, and N helicopters. Emergency AD No. 2011-0038-E superseded EASA Emergency AD No. 2010-0082-E, dated April 27, 2010 (AD No. 2010-0082-E). EASA advises that since issuing its Emergency AD No. 2010-0082-E, Eurocopter found additional cracks opposite the required inspection area on the affected control levers. EASA Emergency AD No. 2011-0038-E retains the requirements of EASA Emergency AD No. 2010-082-E and adds repetitive inspections for the area opposite the control levers.

Since we issued the NPRM, Eurocopter France changed its name to Airbus Helicopters. This AD reflects that change and updates the contact information to obtain service documentation.

We gave the public the opportunity to participate in developing this AD, but we did not receive any comments on the NPRM (78 FR 36129, June 17, 2013).

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, its 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 exists and is likely to exist or develop on other helicopters of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed except for the name change previously described and correcting the date referenced for Revision 2 of the Eurocopter Emergency Alert Service Bulletin (EASB). These changes are consistent with the intent of the proposals in the NPRM (78 FR 36129, June 17, 2013) and will not increase the economic burden on any operator nor increase the scope of the AD.

This AD differs from EASA Emergency AD No. 2011-0038-E as follows:

• We include the Model AS350C and AS350D1 helicopters that may contain the affected TGB control lever. We do not include the Model AS350BB helicopter because it is not type-certificated in the United States.

• We do not require an “after last flight”of the day inspection.

• We do not allow a pilot to inspect for a crack.

• We do not require reworking noninstalled control levers.

• We do not include a calendar compliance time for reworking the TGB control lever if there is not a crack.

• We do not require you to contact Eurocopter (now Airbus Helicopters) if a crack is found during any inspection.

Eurocopter issued one EASB, Revision 2, dated March 1, 2011, with four different numbers. EASB No. 05.00.62 is for Model AS350 helicopters; EASB No. 05.00.57 is for Model AS355 helicopters; EASB No. 05.00.38 is for military Model AS550 helicopters; and EASB No. 05.00.35 is for military Model AS555 helicopters. The military models are not type-certificated in the United States. The EASB specifies visually inspecting the TGB control lever for a crack at the last flight of each day, without exceeding 10 flying hours between inspections. The EASB also specifies a rework procedure for affected TGB control levers, to be done within 660 flying hours and no later than June 30, 2011, indicated by marking the control lever with a letter “X.” EASA classified this EASB as mandatory and issued AD No. 2011-0038-E to ensure the continued airworthiness of these helicopters.

We estimate that this AD will affect 791 helicopters of U.S. registry. We estimate that operators may incur the following costs in order to comply with this AD. The inspections for a crack in the TGB control lever will take a minimal amount of time. Replacing a control lever will take about 3 work hours at an average labor rate of $85 per work hour. Required parts will cost about $2,103 per helicopter. Based on these figures, we estimate the total cost of the AD on U.S. operators to be $2,358 per helicopter to replace the control lever.

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 helicopters identified in this rulemaking action.

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 above, 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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2010-11-51, Amendment 39-16396 (75 FR 50874, August 18, 2010), and adding the following new AD: