[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Rules and Regulations]
[Pages 60302-60303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24475]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0907; Directorate Identifier 2010-SW-044-AD; 
Amendment 39-16436; AD 2010-20-02]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France (Eurocopter) Model 
AS332C, L, L1, and L2 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 model helicopters. This action requires 
replacing each affected hydraulic pump with an airworthy hydraulic 
pump. This amendment is prompted by the loss of the proper functioning 
of a hydraulic pump because of the deterioration of the pump seals and 
the loss of hydraulic fluid caused by incorrect positioning of the 
piston liner. The actions specified in this AD are intended to prevent 
loss of hydraulic power and subsequent loss of control of the 
helicopter.

DATES: Effective October 15, 2010.
    Comments for inclusion in the Rules Docket must be received on or 
before November 29, 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 (800) 232-0323, fax (972) 641-3710, 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: Ed Cuevas, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Safety Management Group, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5355, fax (817) 
222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Emergency AD No. 2010-0043R1-E, dated March 26, 2010, to correct an 
unsafe condition for the specified Eurocopter model helicopters. EASA 
advises of the loss of the right-hand (RH) hydraulic power system on an 
AS332L2 helicopter. The pilot saw the hydraulic system ``low level'' 
warning light come on during the approach phase. Investigation revealed 
a hydraulic fluid leak from the hydraulic pump casing due to 
deterioration of the pump seals resulting from an incorrectly 
positioned compensating piston liner. EASA states that this non-
compliant repair process was used by the following repair stations: 
HELIKOPTER SERVICE, ASTEC HELICOPTER SERVICE, and HELI-ONE. They 
further state that if this condition occurs on both pumps of a 
helicopter, it could result in loss of the RH and left-hand (LH) 
hydraulic power systems and consequently may lead to the loss of 
helicopter controllability.

Related Service Information

    Eurocopter has issued an Emergency Alert Service Bulletin (EASB) 
with two numbers (01.00.78 and 01.00.43), dated March 11, 2010. EASB 
No. 01.00.78 applies to United States type-certificated Model AS332C, 
L, L1, and L2 helicopters; civil Model AS332C1 not type-certificated in 
the United States; and military Model AS332B, B1, M, M1, and F1 
helicopters that are not type-certificated in the United States. EASB 
No. 01.00.43 applies to military Model AS532A2, U2, UC, AC, UL, AL, SC, 
and UE helicopters that are not type-certificated in the United States. 
The EASB specifies identifying affected hydraulic pumps, prohibiting 
flights for all helicopters fitted with two of the affected hydraulic 
pumps until at least one of the affected pumps is replaced, replacing 
all affected hydraulic pumps with airworthy pumps within 10 months, and 
returning any affected hydraulic pump to have it checked and, where 
necessary, reconditioned.
    EASA classified this EASB as mandatory and issued EASA Emergency AD 
No. 2010-0043R1-E, dated March 26, 2010, to ensure the continued 
airworthiness of these helicopters.

FAA's Evaluation and Unsafe Condition Determination

    These helicopters have been approved by the aviation authority of 
France and are approved for operation in the United States. Pursuant to 
our bilateral agreement with France, EASA, their technical 
representative, has notified us of the unsafe condition described in 
the EASA 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 helicopters of these same 
type designs.

Differences Between This AD and the EASA AD

    We refer to flight hours as hours time-in-service (TIS). We require 
each affected hydraulic pump be replaced with an airworthy pump within 
15 hours TIS. We do not use the calendar date used in the EASA AD 
because that date has already passed.

FAA's Determination and Requirements of This AD

    This unsafe condition is likely to exist or develop on other 
helicopters of the same type design. Therefore, this AD is

[[Page 60303]]

being issued to prevent loss of the hydraulic power system and 
subsequent loss of control of the helicopter. This AD requires, within 
15 hours TIS, replacing each affected hydraulic pump with an airworthy 
hydraulic pump or, if the replacement hydraulic pump is one to which 
this AD applies, the hydraulic pump must have been overhauled or 
repaired after February 1, 2010.
    The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
controllability of the helicopter. Therefore, replacing each affected 
hydraulic pump with an airworthy hydraulic pump is required within 15 
hours TIS, a very short compliance time, 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.

Costs of Compliance

    We estimate that this AD will affect about 6 helicopters of U. S. 
registry. We also estimate that it will take about \1/2\ work-hour to 
review maintenance records for the presence of an affected hydraulic 
pump and 2 work-hours to change out a hydraulic pump. The average labor 
rate is $85 per work-hour. Required parts will cost about $40,448 to 
replace a hydraulic pump. Based on these figures, we estimate the cost 
of this AD on U.S. operators is $122,109, assuming 3 hydraulic pumps 
are 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-2010-0907; Directorate 
Identifier 2010-SW-044-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 the 
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:

2010-20-02 EUROCOPTER FRANCE: Amendment 39-16436; Docket No. FAA-
2010-0907; Directorate Identifier 2010-SW-044-AD.

    Applicability: Model AS332C, L, L1, and L2 helicopters, 
certificated in any category, with a MESSIER-BUGATTI hydraulic pump, 
part number C24160045, C24160045-1, C24160045-100, C24160046, 
C24160046-1, or C24160046-100, installed, which was overhauled or 
repaired by HELIKOPTER SERVICE, ASTEC HELICOPTER SERVICE, or HELI-
ONE on or before February 1, 2010.
    Compliance: Within 15 hours time-in-service, unless accomplished 
previously.
    To prevent loss of the hydraulic power system and subsequent 
loss of control of the helicopter, do the following:
    (a) Replace each affected hydraulic pump with an airworthy 
hydraulic pump. Do not install any hydraulic pump to which this AD 
applies unless the hydraulic pump has been overhauled or repaired 
after February 1, 2010 and is airworthy.
    (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 Manager; Safety Management Group, Rotorcraft 
Directorate, FAA, ATTN: Ed Cuevas, Aviation Safety Engineer, 2601 
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5355, 
fax (817) 222-5961, for information about previously approved 
alternative methods of compliance.
    (c) The Joint Aircraft System/Component (JASC) Code is 2913: 
Hydraulic Pump.
    (d) This amendment becomes effective on October 15, 2010.

    Note: The subject of this AD is addressed in European Aviation 
Safety Agency Emergency AD No. 2010-0043R1-E, dated March 26, 2010, 
and Eurocopter Emergency Alert Service Bulletin No. 01.00.78 and No. 
01.00.43, dated March 11, 2010.


    Issued in Fort Worth, Texas, on September 9, 2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-24475 Filed 9-29-10; 8:45 am]
BILLING CODE 4910-13-P