[Federal Register Volume 67, Number 125 (Friday, June 28, 2002)]
[Proposed Rules]
[Pages 43566-43568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16304]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-ANE-37-AD]
RIN 2120-AA64


Airworthiness Directives; Breeze Eastern Aerospace Rescue Hoists

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This notice reopens an earlier proposed airworthiness 
directive (AD), applicable to certain Breeze Eastern Aerospace rescue 
hoists, that would require a one-time inspection of the mounting 
brackets for cracks, and, if necessary, replacement with serviceable 
parts. This proposal is prompted by reports of cracked mounting 
brackets. The actions specified by the proposed AD are intended to 
prevent mounting bracket cracks, which could result in mounting bracket 
failure and separation of the rescue hoist from the aircraft.

DATES: Comments must be received by July 29, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), New England Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 98-ANE-37-AD, 12 New England 
Executive Park, Burlington, MA 01803-5299. Comments may be inspected at 
this location, by appointment, between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. Comments may also be sent via 
the Internet using the following address: ``[email protected].'' 
Comments sent via the Internet must contain the docket number in the 
subject line.
    The service information referenced in the proposed rule may be 
obtained from

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Breeze Eastern Aerospace, 700 Liberty Avenue, Union, NJ 07083; 
telephone (908) 686-4000, fax (908) 686-9292. This information may be 
examined, by appointment, at the FAA, New England Region, Office of the 
Regional Counsel, 12 New England Executive Park, Burlington, MA.

FOR FURTHER INFORMATION CONTACT: Serge Napoleon, Aerospace Engineer, 
New York Aircraft Certification Office, FAA, Engine and Propeller 
Directorate, 10 Fifth Street, Third Floor, Valley Stream, NY 11581-
1200; telephone (516) 256-7512; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-ANE-37-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRM's

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, New England Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-ANE-37-AD, 12 New England Executive 
Park, Burlington, MA 01803-5299.

Discussion

    The Federal Aviation Administration (FAA) has received reports of 
mounting bracket cracks on certain Breeze Eastern Aerospace rescue 
hoists series BL-16600, excluding BL-16600-160. An investigation 
revealed that the cracks were found on the outside radius of these 
brackets, not along the length of the angle bracket, but in the radial 
direction, i.e., transverse to the length, compromising their 
structural integrity. Those cracks resulted from the bending and 
forming of the brackets during the manufacturing process. The 
manufacturing process has since been changed. No loss of the rescue 
hoist nor of rescues have occurred to date. Since the rescue hoist is 
tied to the airframe through those two support brackets only, their 
failure could result in the loss of the rescue hoist. This condition, 
if not corrected, could result in mounting bracket failure and 
separation of the rescue hoist from the aircraft. The FAA verified that 
there are no changes to the estimated total cost of the proposed AD on 
U.S. operators, that was published in the NPRM on December 14, 1998.

Manufacturer's Service Information

    The FAA has reviewed and approved the technical contents of Breeze 
Eastern Customer Advisory Bulletin CAB-100-56, dated November 11, 1997, 
that describes procedures for inspection of the mounting brackets for 
cracks.

Proposed Requirements of this AD

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require a one-time inspection of the mounting 
brackets for cracks, and, if necessary, replacement with serviceable 
parts. The actions would be required to be done in accordance with the 
SB described previously.

Regulatory Analysis

    This proposed rule does not have federalism implications, as 
defined in Executive Order 13132, because it 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. 
Accordingly, the FAA has not consulted with state authorities prior to 
publication of this proposed rule.
    For the reasons discussed above, I certify that this 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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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.

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 the following new 
airworthiness directive:

Breeze Eastern Aerospace: Docket No. 98-ANE-37-AD.

Applicability

    This airworthiness directive (AD) is applicable to Breeze 
Eastern Aerospace rescue hoists series BL-16600, excluding BL-16600-
160. These hoists are installed on, but not limited to Augusta A109, 
Bell 206, Bell 222, Bell 407, Eurocopter France AS332, McDonnell 
Douglas MD-500, and Sikorsky S-61 helicopters.

    Note 1: This AD applies to each hoist identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For hoists that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

Compliance

    Compliance with this AD is required as indicated, unless already 
done.
    To prevent mounting bracket cracks, which could result in 
mounting bracket failure and separation of the rescue hoist from the 
aircraft, do the following:
    (a) Before the next usage of the rescue hoist after the 
effective date of this AD, perform a one-time inspection for 
mounting bracket cracks, and, if necessary, replace with

[[Page 43568]]

serviceable parts, in accordance with Breeze Eastern Aerospace 
Advisory Bulletin CAB-100-56, dated November 11, 1997.

Alternative Methods of Compliance

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, New York Aircraft Certification 
Office. Operators must submit their request through an appropriate 
FAA Principal Maintenance Inspector, who may add comments and then 
send it to the Manager, New York Aircraft Certification Office.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this airworthiness directive, 
if any, may be obtained from the New York Aircraft Certification 
Office.

    (c) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the helicopter to a location where the 
requirements of this AD can be done.

    Issued in Burlington, Massachusetts, on June 20, 2002.
Francis A Favara,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 02-16304 Filed 6-27-02; 8:45 am]
BILLING CODE 4910-13-P