Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Rules and Regulations 53315 

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. 

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-inservice, 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 

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53316 Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Rules and Regulations 

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-inservice.’’ 

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 

■ 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 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-inservice, 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 

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Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Rules and Regulations 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28661; Directorate 

Identifier 2007–NM–013–AD; Amendment 

39–16785; AD 2011–18–03] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–600, –700, –700C, 

–800, and –900 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD requires 

installation of an automatic shutoff 

system for the center tank fuel boost 

pumps, and installation of a placard in 

the airplane flight deck if necessary. 

This AD also requires revisions to the 

Limitations and Normal Procedures 

sections of the airplane flight manual to 

advise the flightcrew of certain 

operating restrictions for airplanes 

equipped with an automated center tank 

fuel pump shutoff control. This AD 

further requires installation of a 

secondary control relay for the electrical 

control circuit of each of the two center 

tank fuel boost pumps. Additionally, 

this AD requires a revision to the 

maintenance program to incorporate 

Airworthiness Limitation (AWL) No. 

28–AWL–23. This AD also provides an 

option of installation and maintenance 

of universal fault interrupters using a 

certain supplemental type certificate, 

which terminates certain requirements 

of this AD. This AD was prompted by 

fuel system reviews conducted by the 

manufacturer. We are issuing this AD to 

prevent center tank fuel pump operation 

with continuous low pressure, which 

could lead to friction sparks or 

overheating in the fuel pump inlet that 

could create a potential ignition source 

inside the center fuel tank. These 

conditions, in combination with 

flammable fuel vapors, could result in a 

center fuel tank explosion and 

consequent loss of the airplane. 

DATES: This AD is effective September 

30, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of September 30, 2011. 

ADDRESSES: For Boeing service 

information identified in this AD, 

contact Boeing Commercial Airplanes, 

Attention: Data & Services Management, 

P.O. Box 3707, MC 2H–65, Seattle, 

Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206– 

766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. For 

TDG Aerospace information identified 

in this AD, contact TDG Aerospace, Inc., 

545 Corporate Drive, Escondido, 

California 92029; telephone 760–466– 

1040; fax 760–466–1038; Internet http:// 

www.tdgaerospace.com; e-mail 

info@tdgaerospace.com. 

You may review copies of the 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Tak 

Kobayashi, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; phone: (425) 

917–6499; fax: (425) 917–6590; e-mail: 

Takahisa.Kobayashi@faa.gov. 

SUPPLEMENTARY INFORMATION:

Discussion 

We issued a supplemental notice of 

proposed rulemaking (SNPRM) to 

amend 14 CFR part 39 to include an 

airworthiness directive (AD) that would 

apply to the specified products. That 

SNPRM published in the Federal 

Register on March 8, 2011 (76 FR 

12634). The original NPRM (72 FR 

37479, July 10, 2007) proposed to 

require installation of an automatic 

shutoff system for the center tank fuel 

boost pumps, installation of a placard in 

the airplane flight deck if necessary, and 

concurrent modification of the P5–2 fuel 

control module assembly. The original 

NPRM also proposed to require 

revisions to the Limitations and Normal 

Procedures sections of the airplane 

flight manual (AFM) to advise the 

flightcrew of certain operating 

restrictions for airplanes equipped with 

an automated center tank fuel pump 

shutoff control. Additionally, the 

original NPRM proposed to require a 

revision to the Airworthiness 

Limitations (AWL) section of the 

Instructions for Continued 

Airworthiness (ICA) to incorporate AWL 

No. 28–AWL–19 and No. 28–AWL–23. 

The original NPRM further proposed to 

require installation of a secondary 

control relay for the electrical control 

circuit of each of the two center tank 

fuel boost pumps. The SNPRM 

proposed to revise the original NPRM by 

adding airplanes, adding additional 

operational testing of the automatic 

shutoff system for certain airplanes, 

removing the requirement for 

incorporating AWL No. 28–AWL–19 

into the AWL section of the ICA, and 

adding an option of installation and 

maintenance of universal fault 

interrupters using a certain 

supplemental type certificate. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal and the FAA’s 

response to each comment. 

Support for SNPRM 

Delta Airlines (Delta) stated that it has 

no objections to the SNPRM. 

Request To Correct Service Information 

Citation 

Boeing requested that we revise the 

fifth paragraph under the ‘‘Explanation 

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