[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Rules and Regulations]
[Pages 16110-16111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8583]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-SW-13-AD; Amendment 39-10441; AD 98-07-20]
RIN 2120-AA64
Airworthiness Directives; Eurocopter France Model AS 332C, L, and
L1 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) that
is applicable to Eurocopter France Model AS 332C, L, and L1 helicopters
that have not been modified in accordance with Eurocopter France
Modifications 332A07-41.569 and 332A07-66.150. This action requires
revisions to the Limitations section of the Rotorcraft Flight Manual
(RFM) to prohibit flight into meteorological conditions that may
produce lightning for helicopters that are not equipped with lightning-
resistant tail rotor blades. A terminating action is provided in the AD
by the installation of tail rotor blades having a lightning-resistant
system. This amendment is prompted by the forced ditching of a Model AS
332 helicopter after experiencing a lightning strike. The actions
specified in this AD are intended to prevent damage to the tail rotor
blades that could result in loss of a tail rotor blade and subsequent
loss of control of the helicopter.
DATES: Effective April 17, 1998.
Comments for inclusion in the Rules Docket must be received on or
before June 1, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Office of the Regional Counsel, Southwest Region,
Attention: Rules Docket No. 97-SW-13-AD, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137.
FOR FURTHER INFORMATION CONTACT: Mr. Robert McCallister, Aerospace
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5121, fax
(817) 222-5961.
SUPPLEMENTARY INFORMATION: The Direction Generale De L'Aviation Civile
(DGAC), which is the airworthiness authority for France, recently
notified the FAA that an unsafe condition may exist on Eurocopter
France Model AS 332C, L, and L1 helicopters with tail rotor blades,
part number (P/N) 33A12.0010 or P/N 33A12.0020, installed. The DGAC
advises that due to a ditching in the North Sea that was caused by a
lightning strike, flight in foreseeable or confirmed stormy areas is
prohibited for helicopters not equipped with tail rotor blades that
have been reinforced against lightning strike.
Eurocopter France has issued Eurocopter France AS 332 Service
Bulletin No. 64.00.22, Revision 1, dated February 23, 1996, which
specifies replacing the electrical bonding braids and brackets, and
replacing the tail rotor blades with airworthy blades, P/N
332A12.0050.01. The DGAC classified this service bulletin as mandatory,
and issued AD 96-099-059(B), dated May 9, 1996, in order to assure 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
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness 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 this type design that are
certificated for operation in the United States.
Since an unsafe condition has been identified that is likely to
exist or develop on other Eurocopter France Model AS 332C, L, and L1
helicopters of the same type design registered in the United States,
this AD is being issued to revise the Limitations section of the RFM to
prohibit flight into meteorological conditions that may produce
lightning for helicopters that are not equipped with tail rotor blades
that have been reinforced against lightning strikes. A terminating
action is provided in the AD by the replacement of the electrical
bonding braids and brackets, and removing the tail rotor blades and
replacing them with improved lightning-resistant tail rotor blades.
The short compliance time involved is required because the
previously described critical unsafe condition can adversely affect the
controllability of the helicopter. Therefore, the RFM revision is
required within 30 calendar days 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.
The FAA estimates that 4 helicopters of U.S. registry will be
affected by this proposed AD, that it will take approximately 1 work
hour per helicopter to revise the RFM, and 6 work hours to replace the
electrical bonding braids and brackets, including removal and
replacement of the tail rotor blades, and that the average labor rate
is $60 per work hour. Required parts will cost approximately $12,000 to
replace all five tail rotor blades, or $1000 per blade to reinforce the
blades against lightning strikes, and $490 to replace the electrical
bonding braids and brackets. Based on these figures, the total cost
impact of the AD on U.S. operators is estimated to be $12,850 per
helicopter, assuming all affected tail rotor blades and components are
replaced and the RFM is not revised.
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,
[[Page 16111]]
environmental, and energy aspects of the rule that might suggest a need
to modify the rule. All comments submitted will be available, both
before and after the closing date for comments, 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 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. 97-SW-13-AD.'' The postcard will be date stamped and
returned to the commenter.
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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
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:
AD 98-07-20 Eurocopter France: Amendment 39-10441. Docket No. 97-SW-
13-AD.
Applicability: Model AS 332C, L, and L1 helicopters with tail
rotor blades, part number (P/N) 33A12.0010 or P/N 33A12.0020,
installed, certificated in any category.
Note 1: This AD applies to each helicopter identified in the
preceding applicability provision, regardless of whether it has been
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 use the authority
provided in paragraph (d) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition, or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any helicopter from the applicability of this AD.
Compliance: Required within 30 calendar days after the effective
date of this AD, unless accomplished previously.
To prevent damage to the tail rotor blades that could result in
loss of a tail rotor blade and subsequent loss of control of the
helicopter, accomplish the following:
(a) Revise the Limitations section of the Rotorcraft Flight
Manual (RFM) to include the following statement:
FLIGHT INTO METEOROLOGICAL CONDITIONS THAT MAY PRODUCE LIGHTNING IS
PROHIBITED FOR AIRCRAFT THAT ARE NOT EQUIPPED WITH TAIL ROTOR BLADES
THAT HAVE BEEN REINFORCED AGAINST LIGHTNING STRIKES.
This revision may be accomplished by inserting a copy of this AD
into the RFM.
(b) Installation of tail rotor blades, P/N 33A12.0050.01, in
accordance with Eurocopter France Modification (MOD) 332A07-41.569
on the tail rotor hub modified in accordance with Eurocopter France
MOD 332A33-0001.05, and replacement of electrical bonding braids in
accordance with MOD 332A07-66.150 is considered terminating action
for the requirements of this AD.
(c) Remove the RFM limitation after the installation of modified
parts as described in paragraph (b) of this AD.
Note 2: Eurocopter France AS 332 Service Bulletin No. 64.00.22,
Revision 1, dated February 23, 1996, pertains to the subject of this
AD.
(d) 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, Rotorcraft Standards Staff,
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, Rotorcraft Standards Staff.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Rotorcraft Standards Staff.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the helicopter to a location where
the requirements of this AD can be accomplished.
(f) This amendment becomes effective on April 17, 1998.
Note 4: The subject of this AD is addressed in Direction
Generale De L'Aviation Civile (France) AD 96-099-059(B), dated May
9, 1996.
Issued in Fort Worth, Texas, on March 25, 1998.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 98-8583 Filed 4-1-98; 8:45 am]
BILLING CODE 4910-13-U
