[Federal Register Volume 68, Number 74 (Thursday, April 17, 2003)]
[Rules and Regulations]
[Pages 18854-18856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9014]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-37-AD; Amendment 39-13117; AD 2003-08-06]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
the specified Eurocopter model helicopters that requires fireproofing 
the engine oil tank breather pipe (breather pipe) where it passes 
through the firewall from the engine compartment to the main gearbox 
compartment. This amendment is prompted by the discovery of a design 
deficiency that permitted the installation of a non-fireproof breather 
pipe. The actions specified by this AD are intended to prevent the 
spread of fire between two designated fire zones of the helicopter, 
additional structural damage, and a decrease in the time available to 
execute an emergency landing.

DATES: Effective May 22, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 22, 2003.

ADDRESSES: 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: Ed Cuevas, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5355, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to 
include an AD for Eurocopter France (Eurocopter) Model AS350B, B1, B2, 
BA, and D helicopters was published in the Federal Register on November 
4, 2002 (67 FR 67131). That action

[[Page 18855]]

proposed to require modifying the breather pipe by installing a 
protection sheath, part number ASNA0199-024, on the segment of the 
engine oil tank breather pipe between the engine and the main gearbox 
compartments.
    The Direction Generale De L'Aviation Civile (DGAC), the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on specified Eurocopter model helicopters. The DGAC 
advises that the breather pipe should be made fireproof by fitting it 
with a heat-resistant silicone sheath.
    Eurocopter has issued AS 350 Service Bulletin No. 79.00.11, 
Revision No. 1, dated May 5, 2000, which specifies modifying the engine 
oil tank breather pipe with a high-temperature silicone glass sheath, 
then inspecting for oil leaks. The service bulletin states that it 
relates to MOD 072793. It further states that the high-temperature 
silicone glass sheath, part number (P/N) ASNA0199-024, is included in 
modification kit 350A0727930071. The DGAC classified this service 
bulletin as mandatory and issued AD No. 2000-268-078(A), dated June 28, 
2000, to ensure the continued airworthiness of these helicopters in 
France.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comment received.
    One commenter states that we should add the following statement to 
the AD: ``Those aircraft modified in accordance with STC SH3324NM do 
not apply.'' The commenter has a Supplemental Type Certificate that 
includes the installation of a fire sleeve, which he believes satisfies 
the intent of this AD. We agree that there may be other methods of 
compliance that provide an acceptable level of safety; however, we are 
not changing the AD since Note 1 and paragraph (b) of the AD allow an 
owner/operator to request approval for an alternate method of 
compliance if the helicopter has been modified, altered, or repaired so 
that the performance of the requirements of the AD is affected.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed, except in 
paragraph (a) of this AD, the part number is corrected to read 
ASNA0199-024, and the reference to the manufacturer's service bulletin 
is corrected to refer to paragraph ``2.B.'' instead of ``2.A.'' The FAA 
has determined that these changes will neither increase the economic 
burden on any operator nor increase the scope of the AD.
    The FAA estimates that 470 helicopters of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
helicopter to accomplish the required actions, and that the average 
labor rate is $60 per work hour. Required parts will cost approximately 
$25 per helicopter. Based on these figures, the total cost impact of 
the AD on U.S. operators is estimated to be $39,950.
    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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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

0
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]

0
2. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2003-08-06 Eurocopter France: Amendment 39-13117. Docket No. 2002-
SW-37-AD.

    Applicability: Eurocopter France Model AS350B, B1, B2, BA, and D 
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: Required before flight, unless accomplished 
previously.
    To prevent a fire from spreading from the engine compartment 
through the firewall to the main gearbox due to a non-fireproof 
engine oil tank breather pipe (breather pipe), additional structural 
damage, and a decrease in the time available to execute an emergency 
landing, accomplish the following:
    (a) Modify the engine oil tank breather pipe to make it 
fireproof by installing a high-temperature silicone glass protective 
sheath, part number ASNA0199-024, in accordance with the 
Accomplishment Instructions, paragraph 2.B., in Eurocopter AS 350 
Service Bulletin No. 79.00.11, Revision No. 1, dated May 5, 2000.
    (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 a 
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) The modification shall be done in accordance with Eurocopter 
AS 350 Service Bulletin No. 79.00.11, Revision No. 1, dated May 5, 
2000. 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, and 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 May 22, 2003.

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD 2000-268-078(A), dated 
June 28, 2000.



[[Page 18856]]


    Issued in Fort Worth, Texas, on April 8, 2003.
Michele M. Owsley,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-9014 Filed 4-16-03; 8:45 am]
BILLING CODE 4910-13-P