[Federal Register: April 7, 2005 (Volume 70, Number 66)]
[Proposed Rules]
[Page 17621-17623]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap05-20]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20863; Directorate Identifier 2004-SW-36-AD]
RIN 2120-AA64
Airworthiness Directives; Eurocopter France Model AS350B, BA, B1,
B2, B3, D, and AS355E Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes adopting a new airworthiness directive
(AD) for the specified Eurocopter France (ECF) model helicopters. This
proposal would require replacing the hydraulic fluid at a specified
time interval when operating in cold weather. This proposal is prompted
by reports of ice forming due to condensation in some parts of the
hydraulic system during cold weather operation. The actions specified
by this proposed AD are intended to prevent ice from forming in the
hydraulic system resulting in an unintended movement of the flight
controls and subsequent loss of control of the helicopter.
DATES: Comments must be received on or before June 6, 2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically;
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically;
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590;
Fax: 202-493-2251; or
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
You may get the service information identified in this proposed AD
from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie,
Texas 75053-4005, telephone (972) 641-3460, fax (972) 641-3527.
You may examine the comments to this proposed AD in the AD docket
on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas
76193-0111, telephone (817) 222-5355, fax (817) 222-5961.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any written data, views, or arguments
regarding this proposed AD. Send your comments to the address listed
under the caption ADDRESSES. Include the docket number ``FAA-2005-
20863, Directorate Identifier 2004-SW-36-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed rulemaking. Using the search
function of our docket Web site, you can find and read the comments to
any of our
[[Page 17622]]
dockets, including the name of the individual who sent or signed 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) or you
may visit http://dms.dot.gov.
Examining the Docket
You may examine the docket that contains the proposed AD, any
comments, and other information in person at the Docket Management
System (DMS) Docket Office between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5227) is located at the plaza level of the Department of
Transportation NASSIF Building in Room PL-401 at 400 Seventh Street,
S.W., Washington, DC. Comments will be available in the AD docket
shortly after the DMS receives them.
Discussion
The Direction Generale de l'Aviation Civile (DGAC), the
airworthiness authority for France, notified the FAA that an unsafe
condition may exist on the specified ECF Model AS350 and AS355
helicopters. The DGAC advises of the formation of ice in some parts of
the hydraulic system during flights in cold weather and when the
hydraulic fluid is highly contaminated by water.
ECF has issued Alert Service Bulletin Nos. 05.00.43 and 05.00.45,
both dated April 8, 2004, which specify provisions for replacing
hydraulic fluid in cold weather. The DGAC classified these service
bulletins as mandatory and issued AD Nos. F-2004-055 and F-2004-056,
both dated April 28, 2004, to ensure the continued airworthiness of
these helicopters in France.
These helicopter models are manufactured in France and are type
certificated for operation in the United States under the provisions of
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the
applicable bilateral agreement, the DGAC has kept us informed of the
situation described above. We have examined the findings of the DGAC,
reviewed all available information, and determined that AD action is
necessary for products of these type designs that are certificated for
operation in the United States.
The previously described unsafe condition is likely to exist or
develop on other helicopters of the same type designs registered in the
United States. Therefore, the proposed AD would require, if the outside
air temperature in an FAA weather briefing is forecast to be below
negative 15 degrees Celsius (5 degrees Fahrenheit) at or below your
planned flight altitude and the hydraulic fluid has not been replaced
within the past 100 hours time-in-service or within the past 30 days,
whichever occurred first, before further flight, replace the hydraulic
fluid. The actions would be required to be accomplished following the
service bulletins described previously.
We estimate that this proposed AD would affect 556 helicopters of
U.S. registry, and the proposed actions would take about:
2 work hours to replace the hydraulic fluid per helicopter
at an average labor rate of $65 per work hour; and
$6 for hydraulic fluid each time it is changed.
Based on these figures, we estimate the total cost impact of the
proposed AD to be $75,616, assuming two fluid replacements per year for
50 percent of the helicopter fleet.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. Additionally, this proposed
AD would 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 the proposed
regulation:
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 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 a draft economic evaluation of the estimated costs to
comply with this proposed AD. See the DMS to examine the draft 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 products identified in this
rulemaking action.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
to read as follows:
Eurocopter France: Docket No. FAA-2005-20863; Directorate Identifier
2004-SW-36-AD.
Applicability: Model AS350B, BA, B1, B2, B3, D and AS355E
helicopters, certificated in any category.
Compliance: Required as indicated.
To prevent ice from forming in the hydraulic system resulting in
an unintended movement of the flight controls and subsequent loss of
control of the helicopter, do the following:
(a) If the outside air temperature in an FAA weather briefing is
forecast to be below negative 15 degrees Celsius (5 degrees
Fahrenheit) at or below your planned flight altitude and the
hydraulic fluid has not been replaced within the past 100 hours
time-in-service or within the past 30 days, whichever occurred
first, before further flight, replace the hydraulic fluid. Replace
the hydraulic fluid by following the Accomplishment Instructions,
paragraphs 2.A. and 2.B., of Eurocopter Alert Service Bulletin Nos.
05.00.43 or 05.00.45, both dated April 8, 2004, as applicable.
(b) 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 Safety Management Group, Rotorcraft Directorate, FAA,
for information about previously approved alternative methods of
compliance.
(c) Special flight permits will not be issued.
Note: The subject of this AD is addressed in Direction Generale
de l'Aviation Civile (France) AD Nos. F-2004-055 and F-2004-056,
both dated April 28, 2004.
[[Page 17623]]
Issued in Fort Worth, Texas, on March 31, 2005.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 05-6917 Filed 4-6-05; 8:45 am]
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