[Federal Register Volume 64, Number 214 (Friday, November 5, 1999)]
[Rules and Regulations]
[Pages 60336-60337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28945]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-01-AD; Amendment 39-11403; AD 99-23-07]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model SA330F, G, J, 
and AS332C, L, and L1 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Eurocopter France Model SA330F, G, J, and 
AS332C, L, and L1 helicopters. This action requires inserting 
statements into the Limitations section of the Rotorcraft Flight Manual 
(RFM) prohibiting flight under certain atmospheric conditions. This 
amendment is prompted by one incident in which a Multi-Purpose Air 
Intake (MPAI) inlet seal deflated after the P2 air system line, which 
feeds the seal, clogged due to the formation of ice. The actions 
specified in this AD are intended to prevent clogging of the MPAI seal 
P2 air system line due to ice formation, which could result in 
deflation of the MPAI seal, loss of engine power, and subsequent loss 
of control of the helicopter.

DATES: Effective November 22, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before January 4, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-01-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.

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

SUPPLEMENTARY INFORMATION: The Direction Generale De L'Aviation Civile 
(DGAC), which is the airworthiness authority for France, notified the 
FAA that an unsafe condition may exist on Model SA330F, G, J, and 
AS332C, L, and L1 helicopters. The DGAC has advised that there was an 
incident in which an MPAI seal deflated. This deflation could lead to 
ice formation in the MPAI during flight in moist atmospheric 
conditions.
    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 SA330F, G, J, and 
AS332C, L, and L1 helicopters of the same type design registered in the 
United States, this AD is being issued to prevent clogging of the MPAI 
seal P2 air system line due to ice formation, which could result in 
deflation of the MPAI seal, loss of engine power, and subsequent loss 
of control of the helicopter. This AD requires, before further flight, 
inserting statements into the Limitations section of the RFM which 
prohibit flight in certain atmospheric conditions, and prohibit flight 
in specific conditions unless operation of the MPAI seal has been 
visually checked. The short compliance time involved is required 
because the previously described critical unsafe condition can 
adversely affect the controllability of the helicopter. Therefore, 
inserting the pages into the RFM is required prior to further flight, 
and this AD must be issued immediately.
    None of the helicopters affected by this action are registered in 
the U.S. 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 1 work hour to 
insert the statements into the RFM, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of this AD would be 
$60 per helicopter.
    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.

[[Page 60337]]

    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-01-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 since none of these 
model helicopters are registered in the U.S. 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, 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 
to read as follows:

AD 99-23-07  Eurocopter France: Amendment 39-11403. Docket No. 99-
SW-01-AD.

    Applicability:
     Model SA330F or G helicopters not modified by MOD 
0723672;
     Model SA330J helicopters not modified by either MOD 
0723672 or optional Eurocopter Service Bulletin 30.16, dated January 
19, 1999; and
     AS332C, L, and L1 helicopters not modified by either 
MOD 0725855 or both MOD 0725974 and MOD 0725998 as noted in 
Eurocopter Service Bulletin 01.00.54R1, dated July 12, 1999, with 
Multi-Purpose Air Intakes (MPAI) installed, certificated in any 
category.

    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 (c) 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 before further flight, unless accomplished 
previously.
    To prevent clogging of the MPAI seal P2 air system line due to 
ice formation, which could result in deflation of the MPAI seal, 
loss of engine power, and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Insert the following statement prohibiting flight in certain 
atmospheric conditions into the Limitations section of the 
Rotorcraft Flight Manual (RFM):
    ``A. Flight under the following conditions is prohibited:
    1. Flight in clouds or fog at an OAT equal to or lower than 3 
degrees Celsius (37.4 degrees Fahrenheit).
    2. Flight in rain at an OAT within the temperature range of -3 
degrees to +3 degrees Celsius (26.6 degrees to 37.4 degrees 
Fahrenheit).
    B. Flight under the following conditions is prohibited unless 
the Multi-Purpose Air Intake seals have been visually checked for 
proper inflation immediately prior to entering the specified 
atmospheric conditions:
    1. Flight in falling or recirculating snow at an OAT equal to or 
higher than -3 degrees Celsius (26.6 degrees Fahrenheit).
    2. Takeoff after extended ground taxiing or holding in falling 
snow at an OAT equal to or above -3 degrees Celsius (26.6 degrees 
Fahrenheit).''
    (b) This AD revises the Limitations section in the RFM by 
prohibiting flight in certain atmospheric conditions and prohibiting 
flight in other specified atmospheric conditions unless operation of 
the MPAI seal has been visually checked prior to entering the 
specific atmospheric conditions.
    (c) 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, 
Rotorcraft Directorate. Operators shall submit their requests 
through an 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 Rotorcraft Standards Staff.

    (d) Special flight permits will not be issued.
    (e) This amendment becomes effective on November 22, 1999.

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD 98-201-068(A)R2, dated 
September 22, 1999, and AD 98-202-080(A)R1, dated January 27, 1999.

    Issued in Fort Worth, Texas, on October 29, 1999.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-28945 Filed 11-4-99; 8:45 am]
BILLING CODE 4910-13-U