[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Rules and Regulations]
[Pages 3377-3378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1190]



[[Page 3377]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-41-AD; Amendment 39-13021; AD 2003-02-05]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS350B, 
AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, 
AS355F, AS355F1, AS355F2, and AS355N Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
certain Eurocopter France (Eurocopter) model helicopters. This action 
requires measuring the diameter of the sliding door roller (roller) and 
the dimensions of the front end opening of the sliding door middle rail 
(rail) to determine if excessive wear exists, and if necessary, 
installing a placard prohibiting the operation of the sliding door 
during flight. This amendment is prompted by an incident in which a 
roller came out of the middle rail during a door-opening operation in 
flight. The actions specified in this AD are intended to prevent the 
roller from coming out of the middle rail when opening the door, which 
could lead to the sliding door separating from the helicopter during 
flight, damage to critical flight components, and subsequent loss of 
control of the helicopter.

DATES: Effective February 10, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 10, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before March 25, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2002-SW-41-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 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 
75053-4005, 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.

FOR FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, 
Texas 76193-0111, telephone (817) 222-5130, 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 Eurocopter Model AS350 and 
AS355 helicopters. The DGAC advises that there has been one report of a 
sliding door aft roller dislodgment in flight due to severe wear on the 
rail.
    Eurocopter has issued Alert Telex No. 05.00.41, applicable to Model 
AS350 helicopters, and Alert Telex No. 05.00.39, applicable to Model 
AS355 helicopters, both dated May 16, 2002, which specify measuring the 
diameter of the sliding door aft roller and rail opening dimension to 
determine wear, and prohibit operating the door during flight if 
certain dimensions are exceeded. The DGAC classified these alert 
telexes as mandatory and issued AD No. 2002-344-093(A), applicable to 
Model AS350 helicopters, and AD No. 2002-345-070(A), applicable to 
Model AS355 helicopters, both dated June 26, 2002, to ensure the 
continued airworthiness of these helicopters in France.
    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.
    This unsafe condition is likely to exist or develop on other 
helicopters of the same type designs registered in the United States. 
Therefore, this AD is being issued to prevent the roller from coming 
out of the middle rail when operating the door, which could lead to the 
sliding door separating from the helicopter during flight and possibly 
damaging critical flight components, resulting in subsequent loss of 
control of the helicopter. This AD requires, before further flight and 
thereafter at intervals not to exceed 100 hours time-in-service, 
measuring the diameter of the roller and the dimensions of the front 
end opening of the sliding door rail for wear, and if necessary, 
installing a placard prohibiting operating the sliding door during 
flight. The actions must be accomplished in accordance with the alert 
telexes described previously. The short compliance time involved is 
required because the previously described critical unsafe condition can 
adversely affect the controllability or structural integrity of the 
helicopter. Therefore, measuring the diameter of the roller and the 
dimensions of the rail to determine if excessive wear exists, and if 
necessary, installing a placard prohibiting the opening of the sliding 
door during flight is required prior to further flight, 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 50 helicopters will be affected by this AD, 
that it will take approximately 1 work hour to measure the roller and 
rail, and 1 work hour to make and apply a placard to the inside door, 
if necessary, and that the average labor rate is $60 per work hour. 
Required parts will cost approximately $10 per helicopter if installing 
a placard is necessary. Based on these figures, the total cost impact 
of the AD on U.S. operators is estimated to be $21,500 per year, 
assuming each helicopter in the fleet is measured 6 times per year, 
assuming no placards will be necessary.

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

[[Page 3378]]

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. 2002-SW-41-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:

2003-02-05 Eurocopter France: Amendment 39-13021. Docket No. 2002-
SW-41-AD.

    Applicability: Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, 
AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2, and 
AS355N helicopters, with sliding door middle rail (middle rail) left 
upper, part number (P/N) 350A21-1027-36, left lower, P/N 350A21-
1027-20, right upper, P/N 350A21-1027-39, right lower, P/N 350A21-
1027-21, sliding door roller (roller), P/N 350A25-1274-24, and plate 
support, P/N 350A21-1335-20, 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 (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, then at intervals not to exceed 100 hours time-in-
service (TIS).
    To prevent the roller from coming out of the middle rail when 
operating the door, which could lead to the sliding door separating 
from the helicopter during flight, damage to critical flight 
components, and subsequent loss of control of the helicopter, 
accomplish the following:
    (a) Measure the diameter of the roller and the dimensions of the 
front end opening of the middle rail in accordance with the 
Accomplishment Instructions, paragraph 2.B., of Eurocopter Alert 
Telex No. 05.00.41, applicable to Model AS350 helicopters, and 
Eurocopter Alert Telex No. 05.00.39, applicable to Model AS355 
helicopters, both dated May 16, 2002 (Alert Telexes).
    (1) If the rail opening or roller diameter is beyond the 
permissible limits stated in the Accomplishment Instructions, 
paragraph 2.B.1., of the Alert Telexes, make a placard that states 
``DO NOT OPERATE DOOR IN FLIGHT'' and attach it to the inside of the 
sliding door. The lettering on the placard must be at least \1/4\-
inch tall and obvious to the crew.
    (2) If the sliding door is placarded to prohibit door operation 
during flight, it is not necessary to measure the roller or rail.

    Note 2: Replacing the worn parts does not terminate the 
requirement to make the measurements required by paragraph (a) of 
this AD at intervals not to exceed 100 hours TIS.
    (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, Rotorcraft Standards Staff, 
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, Rotorcraft Standards Staff.


    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Rotorcraft Standards Staff.

    (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, so long as the 
cabin door is not operated during the flight.
    (d) The measuring shall be done in accordance with Eurocopter 
Alert Telex No. 05.00.41, applicable to Model AS350 helicopters, and 
Eurocopter Alert Telex No. 05.00.39, applicable to Model AS355 
helicopters, both dated May 16, 2002. 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, 2701 Forum Drive, 
Grand Prairie, Texas 75053-4005, 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 February 10, 2003.

    Note 4: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD No. 2002-344-093(A), 
applicable to Model AS350 helicopters, and AD No. 2002-345-070(A), 
applicable to Model AS355 helicopters, both dated June 26, 2002.


    Issued in Fort Worth, Texas, on January 11, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-1190 Filed 1-23-03; 8:45 am]
BILLING CODE 4910-13-P