[Federal Register Volume 68, Number 230 (Monday, December 1, 2003)]
[Rules and Regulations]
[Pages 67018-67020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29224]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-07-AD; Amendment 39-13371; AD 2003-24-02]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS332C, L, L1, 
and L2 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 France (Eurocopter) model helicopters that 
requires inspecting the cockpit pedal unit (pedal unit) adjustment 
lever (lever) for a crack at specified time intervals by a dye-
penetrant inspection and replacing any cracked lever with an airworthy 
lever before further flight. Modifying the pedal unit is also required 
and is a terminating action for the requirements of this AD. This 
amendment is prompted by cracks detected in the lever that creates an 
unsafe condition. The actions specified by this 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: Effective January 5, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 5, 2004.

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: Gary Roach, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5130, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: 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

[[Page 67019]]

Register on October 31, 2001 (66 FR 54960). That NPRM would have 
required inspecting the pedal unit lever for a crack and replacing any 
unairworthy lever, P/N 332A27-2344-20, with an airworthy lever. After 
publication of that NPRM, we determined that we should have 
incorporated the latest manufacturer's service information into our 
proposal, eliminated the proposed borescope inspection, and mandated 
terminating actions. Since those changes expanded the scope of the 
originally proposed rule, the FAA determined that it was necessary to 
reopen the comment period to provide additional opportunity for public 
comment. A supplemental NPRM was published in the Federal Register on 
March 7, 2003 (68 FR 11014). That action proposed to require inspecting 
the pedal unit lever, part number (P/N) 332A27.2344.20, that has not 
been modified in accordance with MOD 0726179, for a crack at specified 
time intervals by a dye-penetrant inspection, and replacing any cracked 
lever with an airworthy lever before further flight. That action also 
proposed to provide a terminating action for the AD through a 
modification of the pedal unit.
    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, L1, and L2 
helicopters. The DGAC advises of several cases of failure of the lever, 
which might lead to temporary loss of access to the brake pedals during 
aircraft taxiing or difficulties in ensuring the yaw control of the 
aircraft in flight.
    Eurocopter has issued Eurocopter Alert Service Bulletin No. 
67.00.19, dated July 23, 2001, which describes the dye-penetrant 
inspection of the pedal units, and Eurocopter Alert Service Bulletin 
No. 67.00.20, dated June 8, 2001, which describes replacing the pilot's 
and co-pilot's pedal adjustment levers. The DGAC 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 5, 2001, 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. No comments were received on the 
proposal or the FAA's determination of the cost to the public. The FAA 
has determined that air safety and the public interest require the 
adoption of the rule as proposed except the compliance time for the 
terminating action was proposed to be before June 5, 2003. However, 
since that date has already passed, we are extending that date to 90 
days after the publication of this AD. We have determined that this 
change will neither increase the economic burden on any operator nor 
increase the scope of the AD.
    On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs the FAA's AD system. This 
regulation now includes material that relates to special flight 
permits, alternative methods of compliance, and altered products. 
However, for clarity and consistency in this final rule, we have 
retained the language of the NPRM and SNPRM regarding that material.
    The FAA estimates that 3 helicopters of U.S. registry will be 
affected by this AD, and that it will 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 will 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 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 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:

2003-24-02 Eurocopter France: Amendment 39-13371. 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

[[Page 67020]]

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 March 1, 2004, 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, Safety Management 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, Safety Management Group.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Safety Management Group.

    (f) Special flight permits will not be issued.
    (g) The inspections, replacements (if necessary), and 
modifications shall be done in accordance with Eurocopter Alert 
Service Bulletin Nos. 67.00.19, dated July 23, 2001, and 67.00.20, 
dated June 8, 2001. 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.
    (h) This amendment becomes effective on January 5, 2004.

    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 November 17, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-29224 Filed 11-28-03; 8:45 am]
BILLING CODE 4910-13-P