[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Rules and Regulations]
[Pages 32967-32968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13654]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-14-AD; Amendment 39-13172; AD 2003-11-13]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS332C, L, and 
L1 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 
the specified Eurocopter France (Eurocopter) model helicopters. This 
action requires replacing a certain elbow adapter (adapter) with an 
airworthy adapter. This amendment is prompted by reports of a cracked 
adapter on the hydraulic reservoir resulting in leakage of hydraulic 
fluid and loss of hydraulic power. This condition, if not corrected, 
could result in failure of an adapter on the hydraulic reservoir, loss 
of hydraulic fluid, loss of hydraulic power, and subsequent loss of 
control of the helicopter.

DATES: Effective June 18, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before August 4, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-14-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 76193-0110, telephone (817) 222-5123, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: The Direction Generale De L'Aviation Civile 
(DGAC), the airworthiness authority for France, notified the FAA that 
an unsafe condition may exist on Eurocopter Model AS332C, L, and L1 
helicopters. The DGAC advises that a right-hand (RH) hydraulic 
reservoir drained while in service due to a cracked adapter on the 
hydraulic reservoir. Such a situation could result in the loss of 
hydraulic power assistance if leakage occurs on both hydraulic systems 
at the same time.
    Eurocopter has issued Alert Service Bulletin No. 67.00.25, dated 
January 8, 2003 (ASB), which specifies replacing certain adapters, part 
number (P/N) DHS613-636-43, on the RH hydraulic reservoir to limit the 
risk of hydraulic fluid leakage, which can result in the loss of 
hydraulic power assistance in the event of leakage on both hydraulic 
systems. The DGAC classified this ASB as mandatory and issued AD 2003-
101(A), dated March 5, 2003, 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.
    The previously described 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 failure of 
an adapter on the hydraulic reservoir, loss of hydraulic fluid, loss of 
hydraulic power, and subsequent loss of control of the helicopter. This 
AD requires replacing each adapter, P/N DHS613-636-43, with a 
manufacturing code on the hydraulic reservoir end indicating 
manufacture before January 1, 2002, and not identified with a yellow 
mark, with an airworthy adapter, P/N DHS613-636-43, with a 
manufacturing code on the reservoir end indicating manufacture on or 
after January 1, 2002. This AD requires that both the RH and left-hand 
(LH) affected adapters be replaced within 15 days even though the 
manufacturer's service information and the DGAC AD envisioned replacing 
the RH adapter only. This was driven apparently by an insufficient 
number of airworthy replacement adapters at the time their service 
information was released. Now, since there should be sufficient 
airworthy replacement adapters, both affected RH and LH adapters must 
be replaced. The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
controllability of the helicopter. Therefore, this AD requires 
replacing the previously identified adapter with an airworthy adapter 
within 15 days, 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.
    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. The 
regulation now includes material that relates to altered products, 
special flight permits, and alternative methods of compliance. Because 
we have now included this material in part 39, we are no longer 
including it in each individual AD.
    The FAA estimates that this AD will affect 3 helicopters, and 
replacing both adapters on each helicopter will take approximately 2 
work hours at an average labor rate of $60 per work hour. Required 
parts will cost approximately $184 (2 adapters per helicopter). Based 
on these figures, the total cost impact of the AD on U.S. operators is 
$912.

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

[[Page 32968]]

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. 2003-SW-14-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, Safety.

Adoption of the Amendment

0
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:

2003-11-13 Eurocopter France: Amendment 39-13172. Docket No. 2003-
SW-14-AD.

    Applicability: Model AS332C, L, and L1 helicopters with an elbow 
adapter (adapter), part number (P/N) DHS613-636-43, with a 
manufacturing code on the hydraulic reservoir end indicating 
manufacture before January 1, 2002, and not identified by a yellow 
paint mark, installed, certificated in any category.

    Note 1: Accomplishment Instructions, paragraphs 2.B.2. and 
2.B.3., of Eurocopter Alert Service Bulletin No. 67.00.25, dated 
January 9, 2003, describe how to identify the adapter.

    Compliance: Required within 15 days, unless accomplished 
previously.
    To prevent failure of an adapter on the hydraulic reservoir, 
loss of hydraulic fluid, loss of hydraulic power, and subsequent 
loss of control of the helicopter, accomplish the following:
    (a) Replace the adapter with an airworthy adapter with a 
manufacturing code on the hydraulic reservoir end indicating 
manufacture on or after January 1, 2002.
    (b) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Regulations Group, Rotorcraft Directorate, FAA, for 
information about previously approved alternative methods of 
compliance.
    (c) This amendment becomes effective on June 18, 2003.

    Note 2: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile, France, AD 2003-101(A), dated March 
5, 2003.


    Issued in Fort Worth, Texas, on May 27, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-13654 Filed 6-2-03; 8:45 am]
BILLING CODE 4910-13-P