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[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Rules and Regulations]
[Pages 53315-53317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21477]

[[Page 53315]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0791; Directorate Identifier 2009-SW-29-AD; 
Amendment 39-16763; AD 2011-16-05]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Model SA-365N and SA-
365N1 Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
the specified Eurocopter France (Eurocopter) model helicopters. This 
action requires you to disconnect the high level fuel switches in the 
fuel tanks on the affected helicopters. In addition, for helicopters 
without a crossfeed between the fuel filler necks, you must install a 
placard on or near the center console fuel panel that specifies fuel 
transfer limitations. This amendment is prompted by a report that a 
high level fuel switch probe unit installed on a Model SA-365N 
helicopter in the rear (right-hand) auxiliary fuel tank group 
separated, causing damage to the insulation of the electrical wires 
which supply electrical power to the high level indicator light on the 
fuel control panel during a fuel transfer. This condition, if not 
corrected, could lead to exposure of the electrical wires, which could 
lead to a short circuit and activation of the indicator light without 
the high fuel level actually being reached. Additionally, a short 
circuit could become an ignition source inside the fuel tank, and 
result in a fuel tank explosion and subsequent loss of control of the 
helicopter.

DATES: This AD becomes effective on September 12, 2011.
    The incorporation by reference of certain publications is approved 
by the Director of the Federal Register as of September 12, 2011.
    We must receive comments on this AD by October 25, 2011.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX 
75053-4005, telephone (800) 232-0323, fax (972) 641-3710, or at http://www.eurocopter.com.
    Examining the Docket: You may examine the AD docket on the Internet 
at http://www.regulations.gov or in person at the Docket Operations 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the economic evaluation, any 
comments received, and other information. The street address for the 
Docket Operations office (telephone (800) 647-5527) is stated in the 
ADDRESSES section of this AD. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, George 
Schwab, Aviation Safety Engineer, Safety Management Group, Rotorcraft 
Directorate, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 
222-5114; fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Emergency AD No. 2009-0109-E, dated May 7, 2009 (EAD No. 2009-0109-E), 
to correct an unsafe condition for the Eurocopter Model SA-365N and SA-
365N1 helicopters, all serial numbers, except helicopters that have 
been modified with either modification kit 365A087690.00 or 
modification 0728B17, both of which remove the two high level fuel 
switches from helicopters with a crossfeed between the fuel filler 
necks. There has been a report that the high level fuel switch probe 
unit installed on a Model SA-365N helicopter in the rear (right-hand) 
auxiliary fuel tank group separated, causing damage to the insulation 
of the electrical wires which supply electrical power to the high level 
fuel indicator light on the fuel control panel during a fuel transfer. 
EASA advises that this condition, if not corrected, could lead to 
exposure of the electrical wires, which could lead to a short circuit 
and subsequent lighting of the indicator light without the high fuel 
level actually being reached. Additionally, a short circuit could 
become an ignition source inside the fuel tank, which in combination 
with flammable fuel vapors (if present), could result in a fuel tank 
explosion and subsequent loss of control of the helicopter.

Related Service Information

    Eurocopter has issued Emergency Alert Service Bulletin No. 
01.00.63, Revision 1, dated May 13, 2009 (EASB), for the Model AS365N 
and AS365N1 helicopters, which specifies disconnecting the high level 
switches on helicopters that have not been modified with either 
modification kit 365A087690.00 or modification 0728B17. The EASB also 
contains a limitation for helicopters without a crossfeed that allows 
fuel transfers between fuel tanks only if the receiving fuel tank 
contains less than 300 liters (240 kg or 529 lb.), in order to prevent 
an overflow of fuel. The EASB specifies installing a placard that lists 
the appropriate limitations for transferring fuel. The EASA AD 
classified this EASB as mandatory and issued EAD No. 2009-0109-E to 
ensure the continued airworthiness of these helicopters.

FAA's Evaluation and Unsafe Condition Determination

    These helicopters have been approved by the aviation authority of 
France and are approved for operation in the United States. Pursuant to 
our bilateral agreement with France, EASA, their Technical Agent, has 
notified us of the unsafe condition described in the EASA AD. We are 
issuing this AD because we evaluated all information provided by EASA 
and determined the unsafe condition exists and is likely to exist or 
develop on other helicopters of these same type designs. Therefore, 
this AD requires, within 10 hours time-in-service, or 30 days, 
whichever occurs first, disconnecting the high level fuel switches on 
the affected helicopters that have not been modified with either 
modification kit 365A087690.00 or modification 0728B17. For helicopters 
without a crossfeed between the fuel filler necks, you must install a 
placard on or near the center console fuel panel. The placard 
(limitation) permits fuel transfer only when the receiving fuel tank 
has less than the placarded amount of fuel so that if the transfer 
switch is inadvertently left on, a minimum amount of fuel will be 
vented overboard. The placard must list the fuel transfer limitations 
using the same unit of measurement as the fuel quantity

[[Page 53316]]

indicator. Accomplish the actions by following specified portions of 
the service bulletin described previously.
    The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
controllability of the helicopter. Therefore, this action is required 
in a short period of time 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.

Differences Between This AD and the EASA AD

    The EASA AD uses the term ``flight hours'' to describe compliance 
times, and we use the term ``hours time-in-service.''

Costs of Compliance

    There are no affected helicopters currently listed on the U.S. 
Registry. Therefore, the issuance of this AD will not impose any costs 
on U.S. operators.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. However, we invite you to send us any written data, views, or 
arguments concerning this AD. Send your comments to an address listed 
under the ADDRESSES section of this AD. Include ``Docket No. FAA-2011-
0791; Directorate Identifier 2009-SW-29-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    We will post all comments we receive, without change, to  http://www.regulations.gov including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD. Using the search function of the docket Web 
site, you can find and read the comments to any of our dockets, 
including the name of the individual who sent the comment. You may 
review the DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78).

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD 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, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply 
with this AD. See the AD docket to examine the economic evaluation.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on helicopters identified in this 
rulemaking action.

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

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 by adding the following new airworthiness directive 
(AD) to read as follows:

2011-16-05 Eurocopter France (Eurocopter): Amendment 39-16763. 
Docket No. FAA-2011-0791; Directorate Identifier 2009-SW-29-AD.

    Applicability: Eurocopter Model SA-365N and SA-365N1 
helicopters, all serial numbers, except helicopters with a crossfeed 
between the fuel filler necks in which the two fuel tank high level 
fuel switches have been removed in accordance with modification kit 
365A087690.00 or modification 0728B17; certificated in any category.
    Compliance: Within 10 hours time-in-service, or 30 days, 
whichever occurs first, unless accomplished previously.
    To prevent exposure of the electrical wires, which could lead to 
a short circuit and activation of the indicator light without the 
high fuel level actually being reached; and to prevent a short 
circuit, which could become an ignition source inside the fuel tank, 
and result in a fuel tank explosion and subsequent loss of control 
of the helicopter, accomplish the following:
    (a) Disconnect the fuel tank high level fuel switches in 
accordance with the Accomplishment Instructions, paragraph 2.B.1., 
and by referring to Figure 1 of Eurocopter Emergency Alert Service 
Bulletin No. 01.00.63, Revision 1, dated May 13, 2009 (EASB).
    (b) For helicopters without a crossfeed between the fuel filler 
necks, install a placard on or near the center console fuel panel in 
accordance with the Accomplishment Instructions, paragraph 2.B.2., 
and by referring to Figures 2 and 3 of the EASB. The placard must 
use the same unit of measurement as the fuel quantity indicator 
(i.e., liters (l), kilograms (kg) or pounds (lb)), as depicted in 
Figure 2 of the EASB.
    (c) 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 Manager, Safety Management Group, ATTN: DOT/FAA 
Southwest Region, George Schwab, Aerospace Engineer, Rotorcraft 
Directorate, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone 
(817) 222-5114; fax (817) 222-5961, for information about previously 
approved alternative methods of compliance.
    (d) The Joint Aircraft System/Component Code is 2897: Fuel 
System Wiring.
    (e) The actions required by this AD must be done in accordance 
with specified portions of Eurocopter Emergency Alert Service 
Bulletin No. 01.00.63, Revision 1, dated May 13, 2009. The Director 
of the Federal Register approved this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be

[[Page 53317]]

obtained from American Eurocopter Corporation, 2701 Forum Drive, 
Grand Prairie, TX 75053-4005, telephone (800) 232-0323, fax (972) 
641-3710, or at http://www.eurocopter.com. 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 National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (f) This amendment becomes effective on September 12, 2011.

    Note:  The subject of this AD is addressed in European Aviation 
Safety Agency (France) Emergency AD No. 2009-0109-E, dated May 7, 
2009.

    Issued in Fort Worth, Texas, on July 21, 2011.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2011-21477 Filed 8-25-11; 8:45 am]
BILLING CODE 4910-13-P
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