On August 20, 1998, the FAA issued Priority Letter AD 98-18-09, applicable to Eurocopter France Model AS 332C, L, L1, and L2 helicopters, to require, within 25 hours time-in-service (TIS) and any subsequent time the fuel filter clogged caution lights illuminate, conducting a filter clogging warning test, and, if necessary, replacing a jammed valve with an airworthy valve. That action was prompted by reports of jammed fuel filter by-pass valves discovered during routine maintenance. That condition, if not corrected, could result in engine power loss due to fuel starvation, which could cause one or both engines to flameout and a subsequent forced landing.
Since the issuance of that AD, the Direction Generale De L'Aviation Civile (DGAC) has issued revised AD's which specify that the AD's are only applicable to helicopters with the following part-numbered fuel filters installed:
Vendor Part Number
Eurocopter France Part Number
- 4020P25
(704A44620031)
- 4020P25-1
(704A44620034)
- 4020P25-2
(704A44620035)
- 4020P25-3
(704A44620036)
The DGAC, which is the airworthiness authority for France, notified the FAA that an unsafe condition may exist on Eurocopter France Model AS 332C, C1, L, L1, and L2 helicopters. The DGAC advises that jammed valves could result in power loss due to fuel starvation, which could cause one or both engines to flameout. The DGAC issued AD 98-318-071(A)R1 and AD 98-319-012(A)R1, both dated November 4, 1998, applicable to Eurocopter France Model AS 332C, C1, L, L1, and L2 helicopters. (The Model AS 332C1 does not have a United States type certificate.)
The FAA has reviewed Eurocopter France Service Telex 00067, dated July 24, 1998 (Service Bulletin No. 01.00.56), which describes procedures for verifying that the valve is correctly closed in each engine fuel filter, conducting a filter clogging warning test on helicopters with certain part-numbered fuel filters installed and, if necessary, replacing a jammed valve with an airworthy valve.
Since an unsafe condition has been identified that is likely to exist or develop on other Eurocopter France Model AS 332C, L, L1, and L2 helicopters of the same type design, this AD supersedes Priority Letter AD 98-18-09 to require conducting a filter clogging warning test, and, if necessary, replacing a jammed valve with an airworthy valve. The actions are required to be accomplished in accordance with the service bulletin described previously.
None of the Model AS 332C, L, L1, and L2 helicopters affected by this action are on the U.S. Register. All helicopters included in the applicability of this rule are operated by non-U.S. operators under foreign registry; 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 inthe future.
Should an affected helicopter be imported and placed on the U.S. Register in the future, it would require approximately 3 work hours to accomplish the required actions, and that the average labor rate is $60 per work hour. Based on these figures, the cost impact of this AD would be $180 per helicopter, assuming no valve would need to be replaced.
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, 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. 99-SW-17-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, 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.
39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive (AD), Amendment 39-11195, to read as follows: