[Federal Register Volume 68, Number 45 (Friday, March 7, 2003)]
[Proposed Rules]
[Pages 11014-11015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5250]



[[Page 11014]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-07-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS332C, L, L1, 
and L2 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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

SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD) for Eurocopter France Model AS332C, L, L1, and L2 
helicopters that would have required inspecting the cockpit pedal unit 
adjustment lever (lever) for a crack at specified time intervals by 
either a borescope or by a dye-penetrant inspection and replacing any 
cracked lever with an airworthy lever before further flight. That 
proposal was prompted by reports of cracks detected in the lever. This 
action revises the proposed rule by eliminating the borescope 
inspection and by requiring a modification that is a terminating action 
for the requirements of the proposal. The actions specified by this 
proposed AD are intended to prevent failure of the lever, loss of 
access to the brake pedals on the ground or loss of yaw control in 
flight, and subsequent loss of control of the helicopter.

DATES: Comments must be received on or before May 6, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-07-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.
    The service information referenced in the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: Jim Grigg, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, 
Texas 76193-0110, telephone (817) 222-5490, 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, 
specified above, 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-07-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    A proposal to amend 14 CFR part 39 to add an AD for Eurocopter 
France Model AS332C, L, L1, and L2 helicopters was published as an NPRM 
in the Federal Register on October 31, 2001 (66 FR 54960). That NPRM 
would have required inspecting the lever for a crack and replacing any 
unairworthy lever, P/N 332A27-2344-20, with an airworthy lever. That 
NPRM was prompted by reports of cracks detected in the lever. That 
condition, if not corrected, could result in failure of the lever, loss 
of access to the brake pedals on the ground or loss of yaw control in 
flight, and subsequent loss of control of the helicopter.
    Since the issuance of that NPRM, Eurocopter France has issued new 
service information that eliminates the borescope inspection and 
specifies a modification of the pedal unit. Eurocopter Alert Service 
Bulletin No. 67.00.19, dated July 23, 2001, describes the dye-penetrant 
inspection of the pedal units, and Eurocopter Alert Service Bulletin 
No. 67.00.20, dated June 8, 2001, describes replacing the pilot's and 
co-pilot's pedal adjustment levers. The Direction Generale De 
L'Aviation Civile, which is the airworthiness authority for France, has 
classified these alert service bulletins as mandatory and issued AD 
Nos. 2000-487-017(A)R1 and 2000-486-077(A)R1, both dated September 05, 
2001, to ensure the continued airworthiness of these helicopters in 
France.
    We have determined that we should incorporate the latest 
manufacturer's service information into our proposal, eliminate the 
proposed borescope inspection, and mandate terminating actions for this 
unsafe condition. Therefore, since these changes expand the scope of 
the originally proposed rule, the FAA has determined that it is 
necessary to reopen the comment period to provide additional 
opportunity for public comment.
    The FAA estimates that 3 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 5 work 
hours to accomplish the dye-penetrant inspection; 5 work hours to 
remove and replace the pedal unit assembly with a new pedal assembly; 
or 6 work hours to remove, modify, and replace the modified pedal unit 
assembly. The average labor rate is $60 per work hour. Required parts 
would cost approximately $4,990 for replacing a cracked pedal unit 
assembly with a new pedal unit assembly, or $290 for modifying the 
installed pedal unit. Based on these figures, the total cost impact of 
the proposed AD on U.S. operators is estimated to be $16,770 to replace 
the pedal unit assembly throughout the entire fleet, or $2,730 to 
modify the pedal unit for the entire fleet, assuming one dye-penetrant 
inspection regardless of which method of compliance is applicable.
    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

[[Page 11015]]

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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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.

The Proposed Amendment

    Accordingly, pursuant to 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.


Sec.  39.13  [Amended]

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

Eurocopter France: Docket No. 2001-SW-07-AD.
    Applicability: Model AS332C, L, L1, and L2 helicopters, with a 
pilot or co-pilot anti-torque pedal adjustment lever (lever), part 
number (P/N) 332A27.2344.20, that has not been modified in 
accordance with MOD 0726179, 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 (e) 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 as indicated, unless accomplished 
previously.
    To prevent failure of the lever, loss of braking ability on the 
ground or loss of yaw control in flight, and subsequent loss of 
control of the helicopter, accomplish the following:
    (a) For helicopters with 4,450 or more hours time-in-service 
(TIS), within 50 hours TIS and thereafter at intervals not to exceed 
1,500 hours TIS, perform a dye-penetrant inspection of the lever, P/
N 332A27.2344.20, in accordance with paragraph 2.B. of the 
Accomplishment Instructions in Eurocopter Alert Service Bulletin 
(ASB) No. 67.00.19, dated July 23, 2001, except returning levers and 
reporting to the manufacturer are not required.
    (b) For helicopters with less than 4,450 hours TIS, on or before 
accumulating 4,500 hours TIS, and thereafter at intervals not to 
exceed 1,500 hours TIS, perform a dye-penetrant inspection of the 
lever, P/N 332A27.2344.20, in accordance with paragraph 2.B. of the 
Accomplishment Instructions in ASB No. 67.00.19, dated July 23, 
2001, except returning levers and reporting to the manufacturer are 
not required.
    (c) Replace any cracked lever with an airworthy lever before 
further flight.
    (d) Before June 5, 2003, modify the pedal unit and replace the 
adjustment levers in accordance with the Accomplishment 
Instructions, Paragraph 2, in ASB No. 67.00.20, dated June 8, 2001. 
Modifying the pedal unit and replacing the adjustment levers in 
accordance with ASB 67.00.20, dated June 8, 2001, is a terminating 
action for the requirements of this AD.
    (e) 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.

    (f) Special flight permits will not be issued.

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD Nos. 2000-487-017(A)R1 and 
2000-486-077(A)R1, both dated September 5, 2001.


    Issued in Fort Worth, Texas, on February 20, 2003.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-5250 Filed 3-6-03; 8:45 am]
BILLING CODE 4910-13-P