[Federal Register Volume 67, Number 41 (Friday, March 1, 2002)]
[Rules and Regulations]
[Pages 9390-9392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4555]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-62-AD; Amendment 39-12664; AD 2002-04-07]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS350BA and B2 
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) for 
Eurocopter France (ECF) Model AS350BA and B2 helicopters modified with 
a Eurocopter Canada Limited (ECL) Left-side-Pilot Configuration kit in 
accordance with Canadian Supplemental Type Certificate (STC) SH96-32 or 
United States STC SR00429 NY. This action requires replacing the 
collective locking device with a newly-designed locking device. This 
amendment is prompted by a report of a locking device that engaged 
during flight. The actions specified in this AD are intended to prevent 
inadvertent engagement of a locking device, the collective pitch 
control locking in the full-down position, and subsequent loss of 
control of the helicopter.

DATES: Effective March 18, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 18, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before April 30, 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-62-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].
    The service information referenced in this AD may be obtained from 
Eurocopter Canada Limited, 1100 Gilmore Rd., Fort Erie, Ontario L2A 5M-
4005, telephone (972) 641-3460, 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; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

[[Page 9391]]


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: Transport Canada, the airworthiness 
authority for Canada, notified the FAA that an unsafe condition may 
exist on ECF Model AS350BA and B2 helicopters. Transport Canada advises 
of an incident involving an ECF Model AS350 helicopter, equipped with 
an ECL Left-Side Pilot Configuration kit, Canadian STC SH96-32 or 
United States STC SR00429 NY, in which the collective locking device 
engaged during flight.
    ECL has issued Service Bulletin AS 350 BA, B2, No. ECL-99-67-002, 
Revision 2, dated September 23, 1999, which specifies replacing the 
collective locking device with a locking device that eliminates 
inadvertent engagement. Transport Canada classified this service 
bulletin as mandatory and issued AD No. CF-2000-06R1, dated August 23, 
2000, to ensure the continued airworthiness of these helicopters in 
Canada.
    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. The Left-Side 
Pilot Configuration kit was installed by ECL. Pursuant to the 
applicable bilateral agreement, Transport Canada has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of Transport Canada, 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.
    This unsafe condition is likely to exist or develop on other 
helicopters of the same type design registered in the United States. 
Therefore, this AD is being issued to prevent inadvertent engagement of 
a collective locking device, the collective control locking in the 
full-down position, and subsequent loss of control of the helicopter. 
The actions must be accomplished in accordance with the service 
bulletin described previously. The short compliance time involved is 
required because the previously described critical unsafe condition can 
adversely affect the controllability of the helicopter. Therefore, 
replacing the locking device with a new locking device within 50 hours 
time-in-service or 30 days, whichever occurs first, is required, and 
this AD must be issued immediately.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.
    The FAA estimates that 28 helicopters will be affected by this AD, 
that it will take approximately 5 work hours to install a locking 
device and that the average labor rate is $60 per work hour. ECL has 
represented to the FAA that for each Left-Side Pilot Configuration 
delivered with a previous version of the collective locking device, one 
set of applicable parts specified in the service bulletin will be made 
available free of charge. Based on these figures, the total cost impact 
of the AD on U.S. operators is estimated to be $8,400.

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-62-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 
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 
to read as follows:

2002-04-07  Eurocopter France: Amendment 39-12664. Docket No. 2001-
SW-62-AD.

    Applicability: Model AS350BA and B2 helicopters, certificated in 
any category, modified with a Eurocopter Canada Limited (ECL) Left-Side 
Pilot Configuration kit in accordance with Canadian Supplemental Type 
Certificate (STC) SH96-32 or United States STC SR00429 NY.

[[Page 9392]]


    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 within 50 hours time-in-service or 30 days, 
whichever occurs first, unless accomplished previously.
    To prevent inadvertent engagement of a collective control 
locking device, the collective pitch control locking in the full-
down position, and subsequent loss of control of the helicopter, 
accomplish the following:
    (a) Replace the collective control locking device with a 
redesigned locking device in accordance with the Accomplishment 
Instructions, paragraph 2, of ECL AS350 BA, B2 Service Bulletin No. 
ECL-99-67-002, Revision 2, dated September 23, 1999.
    (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.
    (d) Replacing the collective locking device shall be done in 
accordance with the Accomplishment Instructions, paragraph 2, of 
Eurocopter Canada Limited Service Bulletin AS 350 BA, B2, No. ECL-
99-67-002, Revision 2, dated September 23, 1999. 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 Eurocopter Canada Limited, 1100 Gilmore Rd., Fort 
Erie, Ontario L2A 5M-4005, telephone (972) 641-3460, 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.
    (e) This amendment becomes effective on March 18, 2002.

    Note 3: The subject of this AD is addressed in Transport Canada 
(Canada) AD CF-2000-06R1, dated August 23, 2000.


    Issued in Fort Worth, Texas, on February 19, 2002.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-4555 Filed 2-27-02; 8:45 am]
BILLING CODE 4910-13-U