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[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Rules and Regulations]
[Pages 38821-38823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14826]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1214; Directorate Identifier 2011-SW-071-AD; 
Amendment 39-17482; AD 2013-12-04]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
Eurocopter France Model EC 155B, EC155B1, SA-366G1, SA-365N, SA-365N1, 
AS-365N2, and AS 365 N3 helicopters, which requires modifying the fuel 
tank draining system. This AD is prompted by a closed fuel tank drain 
that, in the event of a fuel leak, could result in fuel accumulating in 
an area containing electrical equipment. The actions are intended to 
prevent accumulation of fuel in an area with electrical equipment or 
another ignition source, which may lead to a fire.

DATES: This AD is effective August 2, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of August 2, 2013.

ADDRESSES: For service information identified in this AD, contact 
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX 
75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; 
or at http://www.eurocopter.com/techpub. You may review the referenced 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 
76137.

Examining the AD 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, any incorporated-by-reference 
service information, the economic evaluation, any comments received, 
and other information. The street address for the Docket Operations 
Office (phone: 800-647-5527) is U.S. Department of Transportation, 
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

[[Page 38822]]

FOR FURTHER INFORMATION CONTACT: Chinh Vuong, Aviation Safety Engineer, 
Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email 
chinh.vuong@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    On November 26, 2012, at 77 FR 70382, the Federal Register 
published our notice of proposed rulemaking (NPRM), which proposed to 
amend 14 CFR part 39 to include an AD that would apply to Eurocopter 
France Model EC 155B, EC155B1, SA-366G1, SA-365N, SA-365N1, AS-365N2, 
and AS 365 N3 helicopters. The NPRM proposed to require modifying the 
fuel tank draining system. The proposed requirements were intended to 
prevent accumulation of fuel in an area with electrical equipment or 
other ignition source, which may lead to a fire.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, issued EASA AD No. 
2011-0190, dated September 30, 2011 (AD No. 2011-0190), to correct an 
unsafe condition for the Eurocopter France EC 155, SA 366, SA 365, and 
AS 365 model helicopters, except those with certain modifications. EASA 
reports that the fuel tank drains were closed with plugs during 
production to maintain buoyancy during emergency landings in water. 
EASA states that this closing of the fuel tank drains with plugs 
``disregards compliance with an airworthiness certification 
requirement'' and, in the event of a fuel leak in flight, creates ``the 
risk of fuel accumulation and/or migration'' to an adjacent area that 
may contain electrical equipment ``susceptible of constituting a source 
of ignition.'' EASA states that this condition, if not corrected, could 
result in ignition of fuel vapors, ``resulting in a fire and consequent 
damage to the helicopter, or injury to its occupants.'' As a result, 
EASA required modification of the fuel tank compartments' draining 
system.

Comments

    After our NPRM (77 FR 70382, November 26, 2012) was published, we 
received comments from one commenter.

Request

    The commenter called this ``a health and safety issue'' and stated 
that the repairs should be done immediately, as the costs of the repair 
are relatively minor.
    We partially agree. We are not requiring that the repairs be 
accomplished immediately. We evaluated the safety data and determined 
that allowing helicopter owners and operators time to plan and obtain 
parts to make the repairs would not adversely affect safety.

FAA's 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, its technical 
representative, has notified us of the unsafe condition described in 
its AD. We are issuing this AD because we evaluated all information 
provided by EASA, reviewed the relevant information, considered the 
comments received, and determined the unsafe condition exists and is 
likely to exist or develop on other helicopters of these same type 
designs and that air safety and the public interest require adopting 
the AD requirements as proposed.

Differences Between This AD and the EASA AD

    We require within six months modifying the fuel tank drain system 
for helicopters with an emergency buoyancy system. EASA requires 
compliance within 24 months.

Related Service Information

    Eurocopter issued Alert Service Bulletin (ASB) No. EC155-53A031 for 
its B and B1 model helicopters, ASB No. AS366-53.11 for its G1 model 
helicopters, and ASB No. AS365-53.00.50 for its N, N1, N2 and N3 model 
helicopters. The ASBs were all dated May 3, 2011, and were all followed 
with Revision 1 dated September 21, 2011.
    For helicopters not equipped with emergency buoyancy fixed parts, 
the ASBs describe procedures to modify the fuel tank draining system by 
removing drain plugs in the fuel tanks, to make draining possible. For 
helicopters equipped with emergency buoyancy fixed parts, the ASBs 
contain additional procedures to seal one drain plug per fuel tank 
compartment and to install new drain points and self-sealing drain 
valves in specified fuel tanks. EASA AD No. 2011-0190 classifies these 
ASBs as mandatory to ensure the airworthiness of these helicopters.

Costs of Compliance

    We estimate that this AD affects 46 helicopters of U.S. Registry 
and that labor costs average $85 per work-hour. Based on these 
estimates, we expect the following costs:
    Sealing drain plugs, and installing new drain points and self-
sealing drain valves at other locations on helicopters equipped with 
emergency buoyancy fixed parts require 16 work-hours. Parts cost 
$11,154 for a total cost of $12,514 per helicopter. For helicopters 
equipped with emergency buoyancy fixed parts and a sixth fuel tank, 
this work instead requires 17 work-hours for a total cost of $12,599 
per helicopter.
    Removing drain plugs on helicopters not equipped with emergency 
buoyancy fixed parts requires one work-hour and no parts for a total 
cost of $85 per helicopter. For helicopters not equipped with emergency 
buoyancy fixed parts but equipped with a sixth fuel tank, this work 
instead requires two work-hours for a total cost of $170 per 
helicopter.

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.

Regulatory Findings

    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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979);
    (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

[[Page 38823]]

under the criteria of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply 
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2013-12-04 Eurocopter France Helicopters: Amendment 39-17482; Docket 
No. FAA-2012-1214; Directorate Identifier 2011-SW-071-AD.

(a) Applicability

    This AD applies to Eurocopter France Model EC 155B, EC155B1, and 
SA-366G1 helicopters, except those with modification 365A084485.00, 
or modifications 0753C98 and 0745C96; and Model SA-365N, SA-365N1, 
AS-365N2, and AS 365 N3 helicopters, except those with modifications 
0753C98, 0745C96, and (if a sixth fuel tank is installed) 
365A081003.00, or modification 365A081003.00 and (if a sixth fuel 
tank is installed) 365A084485.00.

(b) Unsafe Condition

    This AD defines the unsafe condition as a closed fuel tank drain 
that, in the event of a fuel leak, could result in fuel accumulating 
in an area containing electrical equipment or other ignition source. 
This condition could result in a fire in the helicopter.

(c) Effective Date

    This AD becomes effective August 2, 2013.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    (1) Within 110 hours time-in-service (TIS):
    (i) For helicopters without an emergency buoyancy system, remove 
the fuel tank drain plugs listed in the Accomplishment Instructions, 
paragraph 3.B.2.b., of Eurocopter Alert Service Bulletin (ASB) No. 
EC155-53A031, Revision 1, dated September 21, 2011 (ASB 155); ASB 
No. AS365-53.00.50, Revision 1, dated September 21, 2011 (ASB 365), 
or ASB No. AS366-53.11, Revision 1, dated September 21, 2011 (ASB 
366), as appropriate for your model helicopter.
    (ii) For the Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 
helicopters, if there is an optional sixth fuel tank installed, 
install a self-sealing drain valve in accordance with paragraph 
3.B.2.c. of ASB 365.
    (2) Within six months:
    (i) For helicopters with an emergency buoyancy system, modify 
the fuel tank drain system in accordance with the Accomplishment 
Instructions, paragraphs 3.B.2.a.1. through 3.B.2.a.3, of the ASB 
appropriate for your model helicopter.
    (ii) For the Model SA-365N, SA-365N1, AS-365N2, AS 365 N3 
helicopters, if there is an optional sixth fuel tank installed, 
install a self-sealing drain valve in accordance with paragraph 
3.B.2.c. of ASB 365.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Chinh Vuong, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 
Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; 
email chinh.vuong@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2011-0190, dated September 30, 2011. You may 
view the EASA AD at http://www.regulations.gov by searching for and 
locating it in Docket No. FAA-2012-1214.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2810, fuel 
storage.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Eurocopter Alert Service Bulletin No. EC155-53A031, Revision 
1, dated September 21, 2011.
    (ii) Eurocopter Alert Service Bulletin No. AS365-53.00.50, 
Revision 1, dated September 21, 2011.
    (iii) Eurocopter Alert Service Bulletin No. AS366-53.11, 
Revision 1, dated September 21, 2011.
    (3) For Eurocopter service information identified in this AD, 
contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand 
Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax 
(972) 641-3775; or at http://www.eurocopter.com/techpub.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137. For information on the availability of this 
material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference 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/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on June 13, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-14826 Filed 6-27-13; 8:45 am]
BILLING CODE 4910-13-P
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