[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Rules and Regulations]
[Pages 65679-65682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29425]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1089; Directorate Identifier 2009-SW-16-AD; 
Amendment 39-16101; AD 2009-09-51]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model EC225LP 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 2009-09-51, which was sent 
previously to all known U.S. owners and operators of Eurocopter France 
(Eurocopter) Model EC225LP helicopters by individual letters. This AD 
requires, before further flight, determining if the ``CHIP'' detector 
light on the instrument panel (Vehicle Monitoring System Screen) 
previously illuminated. If the ``CHIP'' detector light did illuminate 
and it illuminated because of a metal particle on the magnetic plug of 
the epicyclic reduction gear module (module) of the main gearbox (MGB), 
or if you cannot determine from the maintenance records which chip 
detector caused the ``CHIP'' detector light to illuminate or whether 
the detector light stayed illuminated after the ``CHIP'' detector 
switch was turned to the ``CHIP PULSE'' setting, replacing the module 
with an airworthy module is required before further flight. Also 
required before further flight is inspecting the MGB module magnetic 
chip detector electrical circuit and determining whether the system is 
functioning properly, including whether the ``CHIP'' detector light 
annunciates on the instrument panel (Vehicle Monitoring System Screen). 
Finally, this AD requires replacing the module with an airworthy module 
if the ``CHIP'' detector light illuminates, stays illuminated after the 
``CHIP'' detector switch is turned to the ``CHIP PULSE'' setting, and 
you determine that a metal particle on the module magnetic plug caused 
that illumination. This amendment is prompted by a mandatory continuing 
airworthiness information

[[Page 65680]]

(MCAI) AD issued by the European Aviation Safety Agency (EASA), which 
is the Technical Agent for the Member States of the European Community. 
EASA notified us of an accident that occurred April 1, 2009 on a 
Eurocopter Model AS332L2 helicopter and EASA advises that the ``cause 
of the accident seems to be connected with degradation of the epicyclic 
module of the MGB, the root cause of which is still to be determined.'' 
The actions specified by this AD are intended to prevent failure of the 
MGB and subsequent loss of control of the helicopter.

DATES: Effective December 28, 2009, to all persons except those persons 
to whom it was made immediately effective by Emergency AD 2009-09-51, 
issued on April 17, 2009, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before February 9, 2010.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX 
75053-4005, telephone (972) 641-3460, fax (972) 641-3527, or at http://www.eurocopter.com.
    Examining the Docket: You may examine the docket that contains the 
AD, any comments, and other information on the Internet at http://www.regulations.gov, or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Operations office (telephone (800) 647-5527) is 
located in Room W12-140 on the ground floor of the West Building at the 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Policy Group, Fort Worth, 
Texas 76137-0111, telephone (817) 222-5130, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On April 17, 2009, we issued Emergency AD 
2009-09-51 for the Eurocopter Model EC225LP helicopters, which 
requires, before further flight, determining if the ``CHIP'' detector 
light on the instrument panel (Vehicle Monitoring System Screen) 
previously illuminated. If the ``CHIP'' detector light did illuminate 
and it illuminated because of a metal particle on the magnetic plug of 
the MGB module, or if you cannot determine from the maintenance records 
which chip detector caused the ``CHIP'' detector light to illuminate or 
whether the detector light stayed illuminated after the ``CHIP'' 
detector switch was turned to the ``CHIP PULSE'' setting, replacing the 
module with an airworthy module is required before further flight. The 
Emergency AD also requires inspecting the MGB module magnetic chip 
detector electrical circuit and determining whether the system is 
functioning properly, including whether the ``CHIP'' detector light 
annunciates on the instrument panel (Vehicle Monitoring System Screen). 
Finally, the Emergency AD requires replacing the module with an 
airworthy module if the ``CHIP'' detector light illuminates, stays 
illuminated after the ``CHIP'' detector switch is turned to the ``CHIP 
PULSE'' setting, and you determine that a metal particle on the module 
magnetic plug caused that illumination. That action was prompted when 
EASA, which is the Technical Agent for the Member States of the 
European Community, notified us of an accident that occurred April 1, 
2009 on a Eurocopter Model AS332L2 helicopter. Although the cause of 
the accident is still under investigation, EASA advises that the 
``cause of the accident seems to be connected with degradation of the 
epicyclic module of the MGB, the root cause of which is still to be 
determined.'' EASA further advises that ``In the light of this 
information, the detection of any contamination of the MGB is of utmost 
importance as a precautionary measure.'' EASA issued Emergency AD No. 
2009-0087-E, dated April 11, 2009, to correct an unsafe condition for 
the Eurocopter Model AS332L2 and EC225LP helicopters.
    EASA Emergency AD No. 2009-0087-E applies to both the Model AS332L2 
helicopters and the Model EC225LP helicopters because both helicopter 
models use a similar module. However, our AD 2009-09-51 applies only to 
the Model EC225LP helicopters because there are currently no Model 
AS332L2 helicopters on the U.S. registry. Also, AD 2009-09-51 differs 
from the EASA AD in that the EASA AD specifies that the module be 
disassembled, inspected, and then reinstalled when particles are 
detected on the magnetic plug of the module, allowing flight operations 
until another particle is detected. Our AD requires the following 
before further flight:
     Determining if, within the last 200 hours time-in-service 
(TIS), the ``CHIP'' detector light illuminated because of a metal 
particle on the magnetic plug of the module, part number 332A32-5021-
01M, and if so, whether the ``CHIP'' detector light stayed illuminated 
after the chip detector switch was turned to the ``CHIP PULSE'' setting 
to activate the ``fuzz burn-off'' feature. If the ``CHIP'' detector 
light illuminated because of a metal particle on the magnetic plug of 
the module, and the ``CHIP'' detector light stayed illuminated after 
the chip detector switch was turned to the ``CHIP PULSE'' setting, or 
if you cannot determine from the maintenance records which chip 
detector caused the ``CHIP'' detector light to illuminate or whether 
the detector light stayed illuminated after the ``CHIP'' detector 
switch was turned to the ``CHIP PULSE'' setting, replacing the module 
with an airworthy module is required before further flight.
     Inspecting the MGB module magnetic chip detector 
electrical circuit and determining whether the system is functioning 
properly, including whether the ``CHIP'' detector light annunciates on 
the instrument panel (Vehicle Monitoring System Screen). Thereafter, 
the AD requires replacing the module with an airworthy module if the 
``CHIP'' detector light illuminates, stays illuminated after the 
``CHIP'' detector switch is turned to the ``CHIP PULSE'' setting, and 
you determine that a metal particle on the module magnetic plug (rather 
than the main reduction gear (lower MGB), the flared housing (mast 
assembly), the intermediate gearbox (IGB), or the tail rotor gearbox 
(TGB)) caused the ``CHIP'' detector light to illuminate.
    Eurocopter has issued Emergency Alert Service Bulletin No. 05A017 
(ASB). The ASB is dated April 10, 2009 and describes procedures for 
inspecting both the magnetic plug on the MGB epicyclic reduction gear 
module and the chip collector, and instructions to replace the 
epicyclic reduction gear module if necessary. EASA classified this 
service bulletin as mandatory and issued EASA AD No. 2009-0087-E, dated 
April 11, 2009 to ensure the

[[Page 65681]]

continued airworthiness of these helicopters in France.
    This helicopter model is approved by the aviation authority of 
France, and is approved for operation in the United States. Pursuant to 
our bilateral agreement with France, EASA has notified us of the unsafe 
condition described in the MCAI AD. We are issuing this AD because we 
evaluated all information provided by EASA and determined the unsafe 
condition exists and is likely to exist or develop on other Eurocopter 
Model EC225LP helicopters of the same type design.
    Since the unsafe condition described is likely to exist or develop 
on other Eurocopter Model EC225LP helicopters of the same type design, 
the FAA issued Emergency AD 2009-09-51 to prevent failure of the MGB 
and subsequent loss of control of the helicopter. The AD requires the 
actions described previously. 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 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 April 17, 2009 to all known U.S. owners and operators of 
Eurocopter Model EC225LP 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.
    This AD is an interim action. We anticipate additional rulemaking 
once the cause of the accident is determined and the manufacturer 
develops a terminating action.
    We estimate that this AD will affect 2 helicopters of U.S. 
registry. It will take approximately 10 minutes to inspect the module 
without removal and 10 work hours to remove and replace the module, if 
necessary. The average labor rate is $80 per work hour. Required parts 
will cost approximately $512,318 per helicopter. Based on these 
figures, we estimate the total cost impact of the AD on U.S. operators 
to be $513,145, assuming that the module on each helicopter is 
inspected once and one of the modules is replaced.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any written data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2009-1089; Directorate 
Identifier 2009-SW-16-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of the AD. We will consider all 
comments received by the closing date and may amend the AD in light of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact 
with FAA personnel concerning this AD. Using the search function of our 
docket Web site, you can find and read the comments to any of our 
dockets, including the name of the individual who sent the comment. You 
may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78).

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared an economic evaluation of the estimated costs to comply 
with this AD. See the AD docket to examine the economic evaluation.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

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:

2009-09-51 Eurocopter France: Amendment 39-16101. Docket No. FAA-
2009-1089; Directorate Identifier 2009-SW-16-AD.

    Applicability: Model EC225LP helicopters with an epicyclic 
reduction gear module (module), part number 332A32-5021-01M, 
installed, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the main gearbox (MGB) and subsequent loss 
of control of the helicopter, accomplish the following:
    (a) Before further flight:
    (1) Determine from the maintenance records whether, within the 
last 200 hours time-in-service (TIS), the ``CHIP'' detector light 
illuminated because of a metal particle on the magnetic plug of the 
module, and if so, whether the ``CHIP'' detector light stayed 
illuminated after the chip detector switch was turned to the ``CHIP 
PULSE'' setting to activate the ``fuzz burn-off'' feature. If those 
records indicate that the ``CHIP'' detector light illuminated 
because of a metal particle on the magnetic plug of the module, and 
the ``CHIP'' detector light stayed illuminated after the chip 
detector switch was turned to the ``CHIP PULSE'' setting, replace 
the module with an airworthy module before further flight. If you 
cannot determine from the maintenance records which chip detector 
caused the ``CHIP'' detector light to illuminate or whether the 
detector light stayed illuminated after the ``CHIP'' detector switch 
was turned to the ``CHIP PULSE'' setting, replace the module with an 
airworthy

[[Page 65682]]

module before further flight. A module with a magnetic plug that 
attracted a metal particle which activated the ``CHIP'' detector 
light within the last 200 hours TIS and was not extinguished when 
the ``CHIP PULSE'' was activated is unairworthy.
    (2) Inspect the MGB module magnetic chip detector electrical 
circuit and determine whether the system is functioning properly, 
including whether the ``CHIP'' detector light annunciates on the 
instrument panel (Vehicle Monitoring System Screen).
    (b) Thereafter, if the ``CHIP'' detector light illuminates, 
stays illuminated after the ``CHIP'' detector switch is turned to 
the ``CHIP PULSE'' setting, and you determine that a metal particle 
on the module magnetic plug (rather than the main reduction gear 
(lower MGB), the flared housing (mast assembly), the intermediate 
gearbox (IGB), or the tail rotor gearbox (TGB)) caused the ``CHIP'' 
detector light to illuminate, replace the module with an airworthy 
module.
    (c) 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 Manager, Safety Management Group, FAA, ATTN: Gary Roach, 
Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations 
and Policy Group, Fort Worth, Texas 76137-0111, telephone (817) 222-
5130, fax (817) 222-5961, for information about previously approved 
alternative methods of compliance.
    (d) Special flight permits will not be issued.
    (e) Copies of the applicable service information may be obtained 
from American Eurocopter Corporation, 2701 Forum Drive, Grand 
Prairie, TX 75053-4005, telephone (972) 641-3460, fax (972) 641-
3527, or at http://www.eurocopter.com.
    (f) This amendment becomes effective on December 28, 2009, to 
all persons except those persons to whom it was made immediately 
effective by Emergency AD 2009-09-51, issued April 17, 2009, which 
contained the requirements of this amendment.

    Note: The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2009-0087-E, dated April 11, 2009.


    Issued in Fort Worth, Texas, on October 23, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-29425 Filed 12-10-09; 8:45 am]
BILLING CODE 4910-13-P