[Federal Register Volume 67, Number 14 (Tuesday, January 22, 2002)]
[Rules and Regulations]
[Pages 2804-2806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1450]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-70-AD; Amendment 39-12605; AD 2001-26-53]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS350B, B1, B2, 
B3, BA, D, and AS355E Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 2001-26-53, which was sent 
previously to all known U.S. owners and operators of Eurocopter France 
(ECF) Model AS350B, B1, B2, B3, BA, D, and AS355E helicopters by 
individual letters. This AD requires, before further flight, removing 
certain serial-numbered servocontrols. This AD is prompted by a report 
of manufacturing defects in a batch of main servocontrol rods. The 
actions specified by this AD are intended to prevent failure of a main 
servocontrol in the flight control system and subsequent loss of 
control of the helicopter.

DATES: Effective February 6, 2002 to all persons except those persons 
to whom it was made immediately effective by Emergency AD 2001-26-53, 
issued on December 21, 2001, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before March 25, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-70-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].

FOR FURTHER INFORMATION CONTACT: Uday Garadi, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, 
Texas

[[Page 2805]]

76193-0110, telephone (817) 222-5123, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On December 21, 2001, the FAA issued 
Emergency AD 2001-26-53, for ECF Model AS350B, B1, B2, B3, BA, D, and 
AS355E helicopters, which requires, before further flight, removing 
certain serial-numbered servocontrols. That action was prompted by a 
report of manufacturing defects in a batch of main servocontrol rods. 
This condition, if not corrected, could result in failure of a main 
servocontrol in the flight control system and subsequent loss of 
control of the helicopter.
    The FAA has reviewed ECF Alert Telex Nos. 01.00.52 and 01.00.18, 
both dated November 15, 2001, which advise replacing certain 
servocontrols.
    The Direction General De L'Aviation Civile (DGAC), the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on ECF Model AS350B, B1, B2, B3, BA, D, and AS355E 
helicopters. The DGAC advises of the discovery of a manufacturing 
defect on a batch of rods of the main servocontrol, the failure of 
which would lead to the loss of control of the helicopter. The DGAC 
classified the ECF Alert Telexes as mandatory and issued AD No. T2001-
590-087(A) (for AS 350 helicopters) and No. T2001-591-065(A) (for AS 
355 helicopters), both dated November 28, 2001, to ensure the continued 
airworthiness of these helicopters.
    These helicopter models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the 
applicable bilateral 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 these type designs that are certificated 
for operation in the United States.
    The unsafe condition is likely to exist or develop on other 
helicopters of the same type design. Therefore, the FAA issued 
Emergency AD 2001-26-53 to prevent failure of a main servocontrol, 
failure of the flight control system, and subsequent loss of control of 
the helicopter. The AD requires, before further flight, removing 
certain serial-numbered servocontrols. This AD does not apply to 
certain reconditioned servocontrols identified by the letter ``V'' 
engraved on the identification plate on the right-hand side of the part 
number. The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
structural integrity and controllability of the helicopter. Therefore, 
removing certain serial-numbered servocontrols is required before 
further flight, and this AD must be issued immediately.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on December 21, 2001 to all known U.S. owners and operators of 
ECF Model AS350B, B1, B2, B3, BA, D, and AS355E helicopters. These 
conditions still exist, and the AD is hereby published in the Federal 
Register as an amendment to 14 CFR 39.13 to make it effective to all 
persons.
    The FAA estimates that 540 helicopters of U.S. registry will be 
affected by this AD. It will take approximately 2 work hours per 
helicopter to remove a main servocontrol. The average labor rate is $60 
per work hour. Required parts will cost approximately $9200 per main 
servocontrol. Based on these figures, the total cost impact of the AD 
on U.S. operators is estimated to be $5,032,800 ($9320 per helicopter), 
assuming that at least one main servocontrol is replaced on each 
helicopter.

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 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 mailed 
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. 2001-SW-70-AD.'' The postcard will be date 
stamped and returned to the commenter.
    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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 
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth, Texas.

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.

[[Page 2806]]

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
to read as follows:

2001-26-53  Eurocopter France: Amendment 39-12605. Docket No. 2001-
SW-70-AD.
    Applicability: Model AS350B, B1, B2, B3, BA, D, and AS355E 
helicopters, with TRW-SAMM main servocontrols, part number (P/N) SC 
5083, serial number (S/N) from 1500 to 1515, inclusive, or P/N SC 
5084, S/N from 722 to 726, inclusive, installed, except those 
reconditioned and identified by the letter ``V'' engraved on the 
identification plate on the right-hand side of the P/N, 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: Required before further flight, unless accomplished 
previously.
    To prevent failure of a main servocontrol, failure of the flight 
control system, and subsequent loss of control of the helicopter, 
accomplish the following:
    (a) Remove each affected main servocontrol.

    Note 2: Eurocopter France Alert Telex Nos. 01.00.52 and 
01.00.18, both dated November 15, 2001, pertain to the subject of 
this AD.

    (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, 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 3: 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 will not be issued.
    (d) This amendment becomes effective on February 6, 2002, to all 
persons except those persons to whom it was made immediately 
effective by Emergency AD 2001-26-53, issued December 21, 2001, 
which contained the requirements of this amendment.

    Note 4: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile, France, AD Nos. T2001-590-087(A) and 
T2001-591-065(A), both dated November 28, 2001.


    Issued in Fort Worth, Texas, on January 11, 2002.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-1450 Filed 1-18-02; 8:45 am]
BILLING CODE 4910-13-P