The Direction Generale De L'Aviation Civile (DGAC), which is the airworthiness authority for France, has notified the FAA that an unsafe condition may exist on Eurocopter France Model AS 332L2 helicopters. The DGAC advises that design anomalies of the power-loss PCB can lead to non-resetting of the OEI logic after failure of one engine.
Eurocopter France has issued Eurocopter Service Bulletin 31.00.11, dated September 8, 1998, which specifies replacing the power-loss PCB, part number (P/N) SE01958 (Eurocopter France P/N 704A47720091) Amendment C or D, with an airworthy power-loss PCB, P/N SE01973 (Eurocopter France P/N 704A47720109). The manufacturer advises that design anomalies of the power-loss PCB can lead to incorrect engine status indications, random activation of the maximum rotor RPM audio alarm, and non-resetting of the OEI logic after failure of one engine. The DGAC classified this service bulletin as mandatory and issued AD 98-290-011(A), dated August 12, 1998, 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 332L2 helicopters of the same type design registered in the United States, this AD is being issued to prevent incorrect engine status indications, random activation of the maximum rotor RPM audio alarm, and failure to reset the OEI logic after an actual loss of power from one engine. This AD requires replacement of the power-loss PCB, P/N SE01958 (704A47720091) Amendment C or D, with an airworthy power-loss PCB, P/N SE01973 (704A47720109).
None of the Model AS 332L2 helicopters affected by this action are on the U.S. Register. All helicopters included in the applicability of this rule are currently operated by non-U.S. operators under foreign registry, so they are not directly affected by this AD action. However, the FAA considers that this rule is necessary to ensure 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.
Cost Impact
If an affected helicopter is imported and placed on the U.S. Register in the future, it would require approximately 3 work hours to accomplish the replacement, at an average labor rate of $60 per work hour. The manufacturerhas stated that there would be no charge for parts. Based on these figures, the cost impact of this AD would be $180 per helicopter.
Since this AD action does not affect any helicopter that is currently on the U.S. Register, and it has no adverse economic impact and imposes no additional burden on any person, notice and public procedures 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 was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment 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 beforethe 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. 98-SW-61-AD." The postcard will be date stamped and returned to the commenter.
Regulatory Impact
The regulations adopted in this amendment 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's Determination
The FAA has determined that notice and prior public comment are unnecessary in promulgating this regulation and 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, 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.
39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: