[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Rules and Regulations]
[Pages 32399-32401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15362]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-17-AD; Amendment 39-11195; AD 99-13-02]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS 332C, L, L1, 
and L2 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing priority letter 
airworthiness directive (AD), applicable to Eurocopter France Model AS 
332C, L, L1, and L2 helicopters, that currently requires conducting a 
filter clogging warning test, and, if necessary, replacing a jammed 
valve with an airworthy valve. This amendment requires the same 
corrective actions required by the existing AD; however, the 
applicability is reduced to encompass only certain part-numbered fuel 
filters. This amendment is prompted by jammed fuel filter by-pass 
valves and new

[[Page 32400]]

information that justifies a reduction in the applicability of the 
superseded priority letter AD. The actions specified by this AD are 
intended to prevent engine power loss due to fuel starvation, which 
could cause one or both engines to flameout and a subsequent forced 
landing.

DATES: Effective July 2, 1999. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register as of July 2, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before August 16, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-17-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.
    The service information referenced in this AD may be obtained from 
American Eurocopter Corporation, Technical Support, 2701 Forum Drive, 
Grand Prairie, Texas 75053-4005, telephone 800-232-0323, fax 972-641-
3527. This information may be examined at the FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort 
Worth, Texas 76137; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Shep Blackman, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Southwest 
Region, 2601 Meacham Blvd, Fort Worth, Texas 76137, telephone (817) 
222-5296, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On August 20, 1998, the FAA issued Priority 
Letter AD 98-18-09, applicable to Eurocopter France Model AS 332C, L, 
L1, and L2 helicopters, to require, within 25 hours time-in-service 
(TIS) and any subsequent time the fuel filter clogged caution lights 
illuminate, conducting a filter clogging warning test, and, if 
necessary, replacing a jammed valve with an airworthy valve. That 
action was prompted by reports of jammed fuel filter by-pass valves 
discovered during routine maintenance. That condition, if not 
corrected, could result in engine power loss due to fuel starvation, 
which could cause one or both engines to flameout and a subsequent 
forced landing.
    Since the issuance of that AD, the Direction Generale De L'Aviation 
Civile (DGAC) has issued revised AD's which specify that the AD's are 
only applicable to helicopters with the following part-numbered fuel 
filters installed:

------------------------------------------------------------------------
                                                      Eurocopter France
                  Vendor part No.                         part No.
------------------------------------------------------------------------
-4020P25..........................................        (704A44620031)
-4020P25-1........................................        (704A44620034)
-4020P25-2........................................        (704A44620035)
-4020P25-3........................................        (704A44620036)
------------------------------------------------------------------------

    The DGAC, which is the airworthiness authority for France, notified 
the FAA that an unsafe condition may exist on Eurocopter France Model 
AS 332C, C1, L, L1, and L2 helicopters. The DGAC advises that jammed 
valves could result in power loss due to fuel starvation, which could 
cause one or both engines to flameout. The DGAC issued AD 98-318-
071(A)R1 and AD 98-319-012(A)R1, both dated November 4, 1998, 
applicable to Eurocopter France Model AS 332C, C1, L, L1, and L2 
helicopters. (The Model AS 332C1 does not have a United States type 
certificate.)
    The FAA has reviewed Eurocopter France Service Telex 00067, dated 
July 24, 1998 (Service Bulletin No. 01.00.56), which describes 
procedures for verifying that the valve is correctly closed in each 
engine fuel filter, conducting a filter clogging warning test on 
helicopters with certain part-numbered fuel filters installed and, if 
necessary, replacing a jammed valve with an airworthy valve.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other Eurocopter France Model AS 332C, L, L1, and 
L2 helicopters of the same type design, this AD supersedes Priority 
Letter AD 98-18-09 to require conducting a filter clogging warning 
test, and, if necessary, replacing a jammed valve with an airworthy 
valve. The actions are required to be accomplished in accordance with 
the service bulletin described previously.
    None of the Model AS 332C, L, L1, and L2 helicopters affected by 
this action are on the U.S. Register. All helicopters included in the 
applicability of this rule 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 3 work hours to 
accomplish the required actions, and that the average labor rate is $60 
per work hour. Based on these figures, the cost impact of this AD would 
be $180 per helicopter, assuming no valve would need to be replaced.
    Since this AD action does not affect 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 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. 99-SW-17-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

[[Page 32401]]

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. 
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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD), Amendment 39-11195, to read as follows:

AD 99-13-02  Eurocopter France: Amendment 39-11195. Docket No. 99-
SW-17-AD. Supersedes Priority Letter AD 98-18-09, Docket No. 98-SW-
38-AD.

    Applicability: Eurocopter France Model AS 332C, L, L1, and L2 
helicopters, with any of the following part-numbered fuel filters 
installed, certificated in any category:

------------------------------------------------------------------------
                                                      Eurocopter France
                  Vendor part No.                         part No.
------------------------------------------------------------------------
-4020P25..........................................        (704A44620031)
-4020P25-1........................................        (704A44620034)
-4020P25-2........................................        (704A44620035)
-4020P25-3........................................        (704A44620036)
------------------------------------------------------------------------

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For helicopters that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent power loss due to fuel starvation, which could cause 
one or both engines to flameout and a subsequent forced landing, 
accomplish the following:
    (a) Within 25 hours time-in-service (TIS) and after any 
subsequent flight during which either or both fuel filter clogged 
caution lights illuminate:
    (1) Verify that the fuel filter by-pass valve (valve) is 
correctly closed in each engine fuel filter in accordance with 
paragraph CC.1), Eurocopter France Service Telex 00067 (Service 
Bulletin No. 01.00.56), dated July 24, 1998 (SB).
    (2) If a valve is jammed (open or closed), clean the valve in 
accordance with paragraph CC.2)B) of the SB or replace the valve 
with an airworthy valve. Repeat the requirements of paragraph (a)(1) 
of this AD.
    (3) Conduct a ``filter'' clogging warning test (test) in 
accordance with paragraphs CC.2), CC.2)A) and CC.2)B) of the SB.
    (4) If a jammed valve (open or closed) is detected during the 
test, clean the valve in accordance with paragraph CC.2)B) of the SB 
or replace the valve with an airworthy valve. Repeat the 
requirements of paragraph (a)(3) of this AD.
    (5) When the test result is satisfactory, repeat the 
requirements of paragraph (a)(1) of this AD.
    (b) Within 25 hours TIS, insert a copy of this AD into the 
Rotorcraft Flight Manual (RFM) or make the following pen and ink 
addition to the RFM Emergency Procedure for fuel filter clogged 
caution light illumination: ``If both fuel filter clogged caution 
lights illuminate, land as soon as practicable.''
    (c) If both filter clogged caution lights illuminate, after 
landing, either:
    (1) Accomplish the requirements of paragraph (a) of this AD 
before further flight, or,
    (2) Replace both filter cartridges with airworthy filter 
cartridges and fly to a location where the requirements of paragraph 
(a) of this AD must be accomplished before further flight.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Rotorcraft Standards Staff, FAA. 
Operators shall submit their requests through a FAA Principal 
Maintenance Inspector, who may concur or comment and then send it to 
the Manager, Rotorcraft Standards Staff.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Manager, Rotorcraft Standards Staff.

    (e) Special flight permits will not be issued.
    (f) The inspection shall be done in accordance with Eurocopter 
France Service Telex 00067, dated July 24, 1998, (Service Bulletin 
No. 01.00.56). This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from American Eurocopter 
Corporation, Technical Support, 2701 Forum Drive, Grand Prairie, 
Texas 75053-4005, telephone 800-232-0323, fax 972-641-3527. Copies 
may be inspected at the FAA, Office of the Regional Counsel, 
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas; 
or at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
    (g) This amendment becomes effective on July 2, 1999.

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD 98-318-071(A)R1 and AD 98-
319-012(A)R1, both dated November 4, 1998.

    Issued in Fort Worth, Texas, on June 8, 1999.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-15362 Filed 6-16-99; 8:45 am]
BILLING CODE 4910-13-P