[Federal Register Volume 68, Number 112 (Wednesday, June 11, 2003)]
[Rules and Regulations]
[Pages 34786-34787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14135]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-13-AD; Amendment 39-13180; AD 2003-11-21]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS332 C, 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 
Eurocopter France (Eurocopter) Model AS332 C, L, and L1 helicopters. 
This action requires revising the Rotorcraft Flight Manual (RFM) 
Limitations section if certain fuel control units are installed. This 
AD is prompted by the discovery of an anomaly in certain fuel control 
units that may lead to inadequate fuel flow in single-engine flight. 
This condition, if not corrected, could result in failure of the engine 
to develop the maximum 2\1/2\ minute one engine inoperative (OEI) 
power, reduced helicopter performance, and subsequent loss of control 
of the helicopter during OEI operation.

DATES: Effective June 26, 2003.

    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 26, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before August 11, 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-13-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: 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: 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 AS332 C, L, and L1 
helicopters, with Turbomeca Makila 1A and Makila 1A1 engines installed 
with fuel control unit (FCU), part number (P/N) 0 164 16 820 0 or P/N 0 
164 16 835 0, having serial numbers (S/N) 100M through 525M, except for 
fuel control units with S/N 168M, 323M, 369M, 371M, 378M, 382M, 396M, 
407M, 422M, 445M, 449M, 460M, 469M, 472M, 479M, 488M, 499M, 513M, 518M, 
523M, or FCUs that have incorporated Turbomeca Service Bulletin No. 298 
73 0802, dated September 17, 2002. The DGAC advises that their AD was 
issued following the discovery of an anomaly affecting the maximum fuel 
flow limit adjustment on some Makila 1A and 1A1 engines. This anomaly 
leads to a fuel flow reduction outside the tolerance limits and can 
have an effect on single-engine flight performance.
    Eurocopter has issued Alert Telex No. 73.00.01, dated October 2, 
2002, which specifies a weight limitation for takeoff from helipads; a 
weight limitation in hover flight; and a rate of climb limit in certain 
portions of the approved flight envelope. The DGAC classified this 
alert telex as mandatory and issued AD 2002-551(A), dated November 13, 
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 failure of the engine to 
develop the maximum 2\1/2\ minute OEI power, reduced helicopter 
performance, and subsequent loss of control of the helicopter during 
OEI operation. This AD requires revising the RFM Limitations section in 
certain conditions if certain FCUs are installed. The actions must be 
done in accordance with the alert telex described previously. The short 
compliance time involved is required because the previously described 
critical unsafe condition can adversely affect the power available for 
single engine operations of the helicopter. Therefore, revising the RFM 
for certain helicopters is required before 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.
    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 no longer need to 
include it in each individual AD.
    The FAA estimates that this AD will affect 4 helicopters and 
determining the applicability of this AD will take approximately 1 work 
hour at an average labor rate of $60 per work hour. Based on these 
figures, the total cost impact of the AD on U.S. operators will be 
$240, assuming no affected FCUs will be discovered.

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

[[Page 34787]]

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-13-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

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:

2003-11-21 Eurocopter France: Amendment 39-13180. Docket No. 2003-
SW-13-AD.
    Applicability: AS332 C, L, and L1 helicopters, certificated in 
any category, with Turbomecca Makila 1A or Makila 1A1 engines 
installed with fuel control unit (FCU), part number (P/N) 0 164 16 
820 0 or P/N 0 164 16 835 0, having serial numbers (S/N) 100 through 
525, with a suffix of ``M'', except:
    (1) FCUs with S/N 168M, 323M, 369M, 371M, 378M, 382M, 396M, 
407M, 422M, 445M, 449M, 460M, 469M, 472M, 479M, 488M, 499M, 513M, 
518M, 523M; or
    (2) FCUs that have been tested and found to provide the correct 
fuel flow rate in accordance with Turbomeca Service Bulletin No. 298 
73 0802, dated September 17, 2002.
    Compliance: Before further flight, unless accomplished 
previously.
    To account for the inability of the engine to develop the 
maximum 2\1/2\ minute one engine inoperative (OEI) power, reduced 
helicopter performance, and subsequent loss of control of the 
helicopter during OEI operation, accomplish the following:
    (a) Revise the Limitations section of the Rotorcraft Flight 
Manual in accordance with the Accomplishment Instructions, paragraph 
2.A. of Eurocopter France Alert Telex No. 73.00.01, dated October 2, 
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) Special flight permits will not be issued.
    (d) The Rotorcraft Flight Manual revision shall be done in 
accordance with Eurocopter France Alert Telex No. 73.00.01, dated 
October 2, 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 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 June 26, 2003.

    Note: The subject of this AD is addressed in Direction Generale 
De L'Aviation Civile (France) AD 2002-551(A), dated November 13, 
2002.


    Issued in Fort Worth, Texas, on May 27, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-14135 Filed 6-10-03; 8:45 am]
BILLING CODE 4910-13-P