[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Unknown Section]
[Pages 9201-9203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4356]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-56-AD; Amendment 39-13495; AD 2004-01-51]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS355E, F, F1, 
F2, and N Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 2004-01-51, which was sent 
previously to all known U.S. owners and operators of the specified 
Eurocopter France (Eurocopter) model helicopters by individual letters. 
This AD requires, before further flight, for helicopters with less than 
10 hours time-in-service (TIS) since installing a main or combiner 
gearbox received from Eurocopter Marignane, France, replacing these 
affected gearboxes with appropriate airworthy gearboxes received from 
another source. This action is prompted by a report of a free wheel 
unit slipping during the single engine phase of an acceptance flight 
that resulted in an engine overspeed and an engine shutdown. The 
actions specified by this AD are intended to prevent engine overspeed, 
an engine shut-down, and subsequent loss of control of the helicopter.

DATES: Effective March 15, 2004, to all persons except those persons to 
whom it was made immediately effective by Emergency AD 2004-01-51, 
issued on January 8, 2004, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before April 27, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-56-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, Regulations and Guidance Group, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5123, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On January 8, 2004, the FAA issued Emergency 
AD 2004-01-51 for the specified model helicopters with less than 10 
hours TIS since installing a main or combiner gearbox received from the 
Eurocopter Marignane, France, works. The emergency AD requires, before 
further flight, replacing any of these affected gearboxes with 
appropriate airworthy gearboxes received from another source. This is 
an interim action pending the results of an ongoing investigation. That 
action was prompted by a report of a main gearbox free-wheel unit 
slipping, resulting in an engine overspeed and shut-down, which 
occurred during the single-engine phase of an acceptance flight. This 
condition, if not corrected, could result in an engine overspeed, an 
engine shut-down, and subsequent loss of control of the helicopter.
    The FAA has reviewed Eurocopter Alert Telex No. 63.00.21 R1, dated

[[Page 9202]]

December 19, 2003, which describes procedures for contacting the 
manufacturer and cleaning the bevel reduction gear pending the results 
of an ongoing investigation.
    The Direction Generale De L'Aviation Civile (DGAC), the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on these helicopter models. The DGAC advises of a 
main gearbox free-wheel slippage with resulting engine shut-down due to 
overspeed, which occurred during the single-engine phase of an 
acceptance flight at the Eurocopter works. The DGAC classified the 
Alert Telex as mandatory and issued AD No. UF-2003-454, dated December 
11, 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.
    Since the unsafe condition described is likely to exist or develop 
on other Eurocopter helicopters of the same type design, the FAA issued 
Emergency AD 2004-01-51 to prevent an engine overspeed, an engine shut-
down, and subsequent loss of control of the helicopter. This AD 
requires, before further flight, for helicopters with less than 10 
hours TIS since installing a main or a combiner gearbox received from 
Eurocopter, Marignane, France, works, replacing the gearbox with an 
appropriate airworthy gearbox received from another source. The short 
compliance time involved is required because the previously described 
critical unsafe condition can adversely affect the controllability of 
the helicopter. Therefore, replacing any affected gearbox with an 
appropriate airworthy gearbox is required before further flight, and 
this AD must be issued immediately.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on January 8, 2004, to all known U.S. owners and operators of 
Eurocopter Model AS355E, F, F1, F2, and N helicopters. These conditions 
still exist, and the AD is hereby published in the Federal Register as 
an amendment to 14 CFR 39.13 to make it effective to all persons.
    The FAA estimates that this AD will affect 104 helicopters of U.S. 
registry and will take approximately \1/2\ work hour to determine 
applicability and 12 work hours to replace a gearbox at an average 
labor rate of $65 per work hour. Required parts will cost approximately 
$97,000 per helicopter. Based on these figures, we estimate the total 
cost impact of the AD on U.S. operators to be $981,180, assuming 10 
gearboxes are replaced.

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 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-56-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:

2004-01-51 Eurocopter France: Amendment 39-13495. Docket No. 2003-
SW-56-AD.

    Applicability: Model AS355E, F, F1, F2, and N helicopters, with 
a main gearbox or a combiner gearbox installed, which was received 
from Eurocopter Marignane, France, works, certificated in any 
category.
    Compliance: Before further flight, unless accomplished 
previously.
    To prevent slipping of the main gearbox free-wheel unit, an 
engine overspeed, an engine shut down, and subsequent loss of 
control of the helicopter, accomplish the following:
    (a) For helicopters with less than 10 hours time-in-service 
(TIS), replace the main gearbox or combiner gearbox with the 
appropriate airworthy gearbox received from another source.

    Note 1: Preliminary investigation has shown that the affected 
main gearboxes and

[[Page 9203]]

combiner gearboxes with 10 or more hours TIS are not susceptible to 
slipping of the free-wheel unit.


    Note 2: Eurocopter Alert Telex No. 63.00.21 R1, dated December 
19, 2003, pertains to the subject of this AD.

    (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 Safety Management Group, Rotorcraft Directorate, FAA, 
for information about previously approved alternative methods of 
compliance.
    (c) Special flight permits will not be issued.
    (d) This amendment becomes effective on March 15, 2004, to all 
persons except those persons to whom it was made immediately 
effective by Emergency AD 2004-01-51, issued January 8, 2004, which 
contained the requirements of this amendment.

    Note 3: The subject of this AD is addressed in Direction 
Generale de L'Aviation Civile (France) AD No. UF-2003-454, dated 
December 11, 2003.


    Issued in Fort Worth, Texas, on February 20, 2004.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 04-4356 Filed 2-26-04; 8:45 am]
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