AD 2002-12-02

[Federal Register Volume 67, Number 113 (Wednesday, June 12, 2002)]
[Rules and Regulations]
[Pages 40147-40149]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 02-14568]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-60-AD; Amendment 39-12774; AD 2002-12-02]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS332L2 
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 
Eurocopter France (ECF) Model AS332L2 helicopters. This action requires 
visually inspecting the engine compartment fire extinguisher bottle 
(bottle) for correct placement and installation of the percussion heads 
and attachment cartridges and if, incorrectly installed, making the 
necessary corrections. This action also requires marking the bottle's 
indicating label with ``Amendment A'' after making the necessary 
corrections. This amendment is prompted by the discovery that some of 
the spare bottles have interchanged percussion heads. The actions 
specified in this AD are intended to prevent release of the fire-
extinguishing agent into the wrong engine compartment, failure to 
extinguish a fire, and subsequent loss of control of the helicopter.

DATES: Effective June 27, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 27, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before August 12, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-60AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137. You may also send comments electronically to 
the Rules Docket at the following address: <a href="/cdn-cgi/l/email-protection#043d29657773296560676b6969616a7077446265652a636b72"><span class="__cf_email__" data-cfemail="83baaee2f0f4aee2e7e0eceeeee6edf7f0c3e5e2e2ade4ecf5">[email&#160;protected]</span></a>.
    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: Ed Cuevas, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5355 fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: The Direction Generale De L'Aviation Civile 
(DGAC), the airworthiness authority for France, notified the FAA that 
an unsafe condition may exist on ECF Model AS332L2 helicopters. The 
DGAC advises that some bottles were delivered as spares with 
interchanged percussion heads.
    ECF has issued Alert Telex No. 26.00.12, dated October 3, 2001 
(Telex), which specifies checking the bottle's percussion heads and 
attachment cartridges to determine if they are interchanged. The Telex 
states that if a bottle is equipped with interchanged percussion heads 
and has been connected in compliance with the Aircraft Maintenance 
Manual task 26.21.00.051, in the event of a fire in one engine 
compartment, the pilot will not be able to extinguish the fire. The 
Telex specifies procedures for modifying a bottle if an anomaly is 
found. The DGAC classified this Telex as mandatory and issued AD No. 
T2001-471-020(A), dated October 5, 2001, to ensure the continued 
airworthiness of these helicopters in France.
    This helicopter model is manufactured in France and is 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,

[[Page 40148]]

reviewed all available information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.
    This unsafe condition is likely to exist or develop on other 
helicopters of the same type design. Therefore, this AD is being issued 
to prevent the release of the fire-extinguishing agent into the wrong 
engine compartment, failure to extinguish a fire, and subsequent loss 
of control of the helicopter. This AD requires the following:
    <bullet> Before further flight, visually inspect each bottle for 
correct placement and installation of the percussion heads and 
attachment cartridges.
    <bullet> Before installing, visually inspect each spare bottle for 
correct positioning of the percussion heads and, if necessary, correct 
the position of the percussion heads.
    <bullet> Record ``Amendment A'' on bottles that are correctly 
installed and on the Equipment Log Card of the bottle.

The actions must be accomplished in accordance with the Telex described 
previously.
    None of the helicopters affected by this action are on the U.S. 
Register. Non-U.S. operators under foreign registry currently operate 
all helicopters included in the applicability of this rule; therefore, 
they are not directly affected by this AD action. However, the FAA 
considers that this rule is necessary to ensure that the unsafe 
condition is addressed in the event that any of these subject 
helicopters are imported and placed on the U.S. Register in the future.
    Should an affected helicopter be imported and placed on the U.S. 
Register in the future, it would require approximately 1 work hour to 
inspect both bottles and 5 work hours to reconfigure each bottle, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of this AD would be $360 per helicopter.
    Since this AD action does not affect any helicopter that is 
currently on the U.S. register, it has no adverse economic impact and 
imposes no additional burden on any person. Therefore, notice and 
public procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

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. 2001-SW-60-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 notice and prior public comment are 
unnecessary in promulgating this regulation; therefore, it can be 
issued immediately to correct an unsafe condition in aircraft since 
none of these model helicopters are registered in the United States. 
The FAA has also determined that this regulation 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, 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

    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]

    2. Section 39.13 is amended by adding a new airworthiness directive 
to read as follows:

2002-12-02  Eurocopter France: Amendment 39-12774. Docket No. 2001-
SW-60-AD.

    Applicability: Model AS332L2 helicopters, with engine fire 
extinguishing bottle (bottle), part number (P/N) 862690-00, 
installed, certificated in any category.

    Note 1: Bottles with ``Amendment A'' noted on the bottle's 
indicating label (label) are not subject to the applicability of 
this AD.


    Note 2: 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 (c) 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: Before further flight, unless accomplished 
previously.
    To prevent release of the fire-extinguishing agent into the 
wrong engine compartment, failure to extinguish a fire, and 
subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Visually inspect each bottle for correct connection to the 
bottle percussion heads and attachment cartridges in accordance with 
the Accomplishment Instructions, paragraphs 2.B.1. through 2.B.2.2., 
of Eurocopter France Alert Telex No. 26.00.12, dated October 3, 2001 
(Telex).
    (1) If the percussion heads and attachment cartridges are 
connected to the bottle

[[Page 40149]]

correctly, record ``Amendment A'' on the bottle's label and on the 
Equipment Log Card (FME) of the bottle, close the sliding cowling, 
and remove the access equipment.
    (2) If the percussion heads and the attachment cartridges are 
not connected to the bottle correctly, reconfigure each bottle in 
accordance with the Accomplishment Instructions, paragraphs 2.B.4. 
through 2.B.4.4., of the Telex.
    (b) Before installing, inspect any spare bottle to ensure that 
the yellow percussion head is located below the pressure gage and 
that the gray percussion head is located opposite the pressure gage.
    (1) If the percussion heads are properly located, record 
``Amendment A'' on the bottle's label and on the FME of the bottle.
    (2) If the percussion heads are not located properly, loosen the 
union nuts; appropriately interchange the percussion heads, tighten 
the union nuts by hand, and record ``Amendment A'' on the label and 
on the FME of the bottle.
    (c) 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, Regulations 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, Regulations Group.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

    (d) Special flight permits may be issued in accordance with 14 
CFR 21.197 and 21.199 to operate the helicopter to a location where 
the requirements of this AD can be accomplished.
    (e) The inspections and modifications shall be done in 
accordance with the Accomplishment Instructions, paragraphs 2.B.1. 
through 2.B.2.2., and paragraphs 2.B.4 through 2.B.4.4., of 
Eurocopter France Alert Telex No. 26.00.12, dated October 3, 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.
    (f) This amendment becomes effective on June 27, 2002.

    Note 4: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD T2001-471-020(A), dated 
October 5, 2001.


    Issued in Fort Worth, Texas, on May 31, 2002.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-14568 Filed 6-11-02; 8:45 am]
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