[Federal Register Volume 67, Number 213 (Monday, November 4, 2002)]
[Proposed Rules]
[Pages 67131-67132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27789]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 213 / Monday, November 4, 2002 / 
Proposed Rules  

[[Page 67131]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-37-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS350B, B1, B2, 
BA, and D Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) for specified Eurocopter France (Eurocopter) model 
helicopters. This proposal would require fireproofing the engine oil 
tank breather pipe (breather pipe) where it passes through the firewall 
from the engine compartment to the main gearbox compartment. This 
proposal is prompted by the discovery of a design deficiency that 
permitted the installation of a non-fireproof breather pipe. The 
actions specified by the proposed AD are intended to prevent the spread 
of fire between two designated fire zones of the helicopter, additional 
structural damage, and a decrease in the time available to execute an 
emergency landing.

DATES: Comments must be received on or before January 3, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2002-SW-37-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: [email protected]. 
Comments may be inspected at the Office of the Regional Counsel between 
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5355, fax (817) 222-5961.

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 document 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 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 mailed 
comments submitted in response to this document must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2002-SW-37-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    The Direction Generale De L'Aviation Civile (DGAC), the 
airworthiness authority for France, recently notified the FAA that an 
unsafe condition may exist on specified Eurocopter model helicopters. 
The DGAC advises that the breather pipe should be made fireproof by 
fitting it with a heat-resistant silicone sheath.
    Eurocopter has issued AS 350 Service Bulletin No. 79.00.11, 
Revision No. 1, dated May 5, 2000, which specifies modifying the engine 
oil tank breather pipe with a high-temperature silicone glass sheath, 
then inspecting for oil leaks. The service bulletin states that it 
relates to MOD 072793. It further states that the high-temperature 
silicone glass sheath, part number (P/N) ASNAO 199-024, is included in 
modificatrion kit 350A0727930071. The DGAC classified this service 
bulletin as mandatory and issued AD No. 2000-268-078(A), dated June 28, 
2000, 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 this 
bilateral agreement, the DGAC has kept the FAA informed of the 
situation described above. The FAA has examined the findings of the 
DGAC, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other specified Eurocopter model helicopters of 
these same type designs registered in the United States, the proposed 
AD would require modifying the breather pipe by installing a protection 
sheath on the segment of the engine oil tank breather pipe between the 
engine and the main gearbox compartments. The action would be required 
to be accomplished in accordance with the service bulletin described 
previously.
    The FAA estimates that 470 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per helicopter to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts would cost 
approximately $25 per helicopter. Based on these figures, the total 
cost impact of the proposed AD on U.S. operators is estimated to be 
$39,950.
    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1)

[[Page 67132]]

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 a new airworthiness directive 
to read as follows:

Eurocopter France: Docket No. 2002-SW-37-AD.

    Applicability: Eurocopter France Model AS350B, B1, B2, BA, and D 
helicopters, certificated in any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For helicopters 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: Required before flight, unless accomplished 
previously.
    To prevent a fire from spreading from the engine compartment 
through the firewall to the main gearbox due to a non-fireproof 
engine oil tank breather pipe (breather pipe), additional structural 
damage, and a decrease in the time available to execute an emergency 
landing, accomplish the following:
    (a) Modify the engine oil tank breather pipe to make it 
fireproof by installing a high-terperature silicone glass protective 
sheath, part number ASNO199-024, in accordance with the 
Accomplishment Instructions, paragraph 2.A., in Eurocopter AS 350 
Service Bulletin No. 79.00.11, Revision No. 1, dated May 5, 2000.
    (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, Regulations Group, Rotorcraft 
Directorate, FAA. Operators shall submit their requests through an 
FAA Principal Maintenance Inspector, who may concur or comment and 
then send it to the Manager, Regulations Group.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

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

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD 2000-268-078(A), dated 
June 28, 2000.


    Issued in Fort Worth, Texas, on October 24, 2002.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-27789 Filed 11-1-02; 8:45 am]
BILLING CODE 4910-13-P