[Federal Register: February 27, 2004 (Volume 0, Number 0)]
[Page 9201-9203]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe04-4]
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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: 9-asw-adcomments@faa.gov.
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
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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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