[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Proposed Rules]
[Pages 23632-23634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11585]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-03-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS-365N3 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes adopting a new airworthiness directive 
(AD) for Eurocopter France Model AS-365N3 helicopters. This proposal 
would require modifying the Full Authority Digital Engine Control 
(FADEC) software within 90 days after the effective date of this AD. 
This proposal is prompted by a design problem in the FADEC ``power loss 
printed circuit board'' software found during laboratory

[[Page 23633]]

testing. The actions specified by the proposed AD are intended to 
prevent loss of the FADEC one-engine-inoperative (OEI) power and 
subsequent loss of control of the helicopter.

DATES: The FAA must receive any comments on this proposal by July 9, 
2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-03-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: [email protected]. 
Comments may be inspected at the Office of the Regional Counsel between 
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Carroll Wright, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations Group, Fort Worth, 
Texas 76193-0111, telephone (817) 222-5120, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments will 
be considered before taking action on the proposed rule. The proposals 
contained in this document may be changed in light of the comments 
received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their mailed 
comments submitted in response to this proposal must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2001-SW-03-AD.'' The postcard will be date 
stamped and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-03-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137.

Discussion

    The Direction Generale De L'Aviation Civile (DGAC), the 
airworthiness authority for France, notified us that an unsafe 
condition may exist on Eurocopter France Model AS-365N3 helicopters. 
The DGAC advises that the engine FADEC software and the associated 
existing wiring for the engine indicating system for the FADEC should 
be modified. The main purpose of these modifications is to transfer the 
``OEI torque limit setting'' and the ``NG difference indicating'' 
function from the ``power loss'' card to the main computer. This 
modification should eliminate hung starts and loss of access to the 
maximum allowable emergency OEI power from the remaining engine after 
one engine has failed.
    Eurocopter France has issued Eurocopter France Service Bulletin 
(SB) 71.00.13, Revision 1, dated October 17, 2000. This SB specifies 
modifying the engine FADEC computer software and the associated 
existing wiring. The DGAC classified this SB as mandatory and issued AD 
No. 2000-517-051(A), dated December 13, 2000, to ensure the continued 
airworthiness of these helicopters in France. Incorporation of the SB 
provides terminating action for DGAC AD Nos. 1998-517-048(A) R2, dated 
December 13, 2000; 1998-517-048(A) R1, dated April 5, 2000; and 1998-
517-048(A), dated January 13, 1999.
    This helicopter model is manufactured in France and is type 
certificated for operation in the United States under the provisions 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.
    We have identified an unsafe condition that is likely to exist or 
develop on other Eurocopter France Model AS-365N helicopters of this 
same type design registered in the United States. The proposed AD would 
require modifying the FADEC software and wiring within 90 days after 
the effective date of this AD. The actions would be required to be 
accomplished in accordance with the SB's described previously.

Regulatory Impact

    We estimate that 1 helicopter of U.S. registry would be affected by 
this proposed AD and that it would take approximately 17 work hours per 
helicopter to modify the wiring. The average labor rate is $60 per work 
hour. The FADEC software modification will have an estimated turbomeca 
labor charge of $1200. The manufacturer has stated that the wiring kits 
will be furnished at no cost. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be $2220.
    The regulations proposed herein would 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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. You can get a copy of 
the draft regulatory evaluation prepared for this action from the Rules 
Docket. A copy of it may be obtained by contacting the Rules Docket at 
the mailing address listed under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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.

[[Page 23634]]

Sec. 39.13  [Amended]

    2. The FAA amends Sec. 39.13 by adding the following new 
airworthiness directive:

Eurocopter France: Docket No. 2001-SW-03-AD.

    Applicability: Model AS-365N3 helicopters, 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 (b) 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: Within 90 days after the effective date of this AD, 
unless previously accomplished.
    To prevent loss of the Full Authority Digital Engine Control 
(FADEC) one-engine-inoperative power and subsequent loss of control 
of the helicopter, accomplish the following:
    (a) Modify the FADEC software in accordance with the 
Accomplishment Instructions of Eurocopter France Service Bulletin 
71.00.13, Revision 1, dated October 17, 2000 (except this AD does 
not require contact with the manufacturer as specified in the 
caution statement in paragraph 2.B. and the Note I in paragraph 
2.B.2.).
    (b) 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, Regulations Group, Rotorcraft 
Directorate, FAA. Operators shall submit their requests through an 
FAA Principal Maintenance Inspector, who may concur or comment and 
then send it to the Manager, Regulations Group.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

    (c) Special flight permits may be issued in accordance with 14 
CFR 21.197 and 21.199 to operate the helicopter to a location where 
the requirements of this AD can be accomplished.

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD Nos. 2000-517-051(A) and 
1998-517-048(A) R2, both dated December 13, 2000; 1998-517-048(A) 
R1, dated April 5, 2000; and 1998-517-048(A), dated January 13, 
1999.


    Issued in Fort Worth, Texas, on April 26, 2001.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate,, Aircraft Certification 
Service.
[FR Doc. 01-11585 Filed 5-8-01; 8:45 am]
BILLING CODE 4910-13-U