[Federal Register Volume 68, Number 77 (Tuesday, April 22, 2003)]
[Proposed Rules]
[Pages 19759-19761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9863]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-02-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS350B, B1, B2, 
B3, BA, and D 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 model Eurocopter France (ECF) helicopters. This 
proposal would require replacing the main gearbox (MGB) opening 
neoprene

[[Page 19760]]

cowling seals (seals) with airworthy glass/silicone seals. This 
proposal is prompted by the discovery that neoprene seals currently 
installed on the MGB opening cowlings do not provide the fire 
protection required by the airworthiness standards. The actions 
specified by this proposed AD are intended to require installation of 
fire-resistant seals to prevent a fire in the engine compartment from 
reaching the MGB compartment that contains parts that are not fire 
resistant and subsequent loss of control of the helicopter.

DATES: Comments must be received on or before June 23, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-02-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 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, 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 mailed 
comments submitted in response to this proposal must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2003-SW-02-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, notified the FAA that an unsafe 
condition may exist on the specified ECF Model helicopters delivered 
before July 1, 2002. The DGAC advises that neoprene seals bonded to the 
MGB mobile cowlings have low fire resistance, which does not meet the 
certification criteria. In the event of an uncontrolled fire in the 
engine compartment, the fire could spread to the MGB compartment.
    ECF has issued Alert Service Bulletin No. 53.00.31, dated July 11, 
2002 (ASB), which specifies replacing the MGB neoprene seals with 
glass/silicone seals that have increased fire-resistance. The DGAC 
classified this ASB as mandatory and issued AD 2002-537-094(A), dated 
October 30, 2002, to ensure the continued airworthiness of these 
helicopters in France.
    These helicopter models are manufactured in France and 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 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 these type designs that are certificated 
for operation in the United States.
    This 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, within 200 hours time-in-
service, replacing the neoprene seals with glass/silicone seals, which 
is terminating action for the requirements of this AD. The actions 
would be required to be accomplished in accordance with the ASB 
described previously.
    The FAA estimates that this AD would affect 583 helicopters of U.S. 
registry, that it would take approximately 2 work hours per helicopter 
to install the seals, and that the average labor rate is $60 per work 
hour. Required parts would cost approximately $98. Based on these 
figures, the total cost impact of the proposed AD on U.S. operators is 
estimated to be $127,094.
    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) 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. 2003-SW-02-AD.

    Applicability: Model AS350B, B1, B2, B3, 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 (c) of 
this AD.

[[Page 19761]]

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 within 200 hours time-in-service, unless 
accomplished previously.
    To prevent a fire in the engine compartment from reaching the 
main gearbox (MGB) compartment that contains parts that are not fire 
resistant and subsequent loss of control of the helicopter, 
accomplish the following:
    (a) Replace the MGB opening neoprene cowling seals with glass/
silicone seals in accordance with the Accomplishment Instructions, 
paragraph 2.B., of Eurocopter Alert Service Bulletin No. 53.00.31, 
dated July 11, 2002.
    (b) Replacing the MGB opening neoprene cowling seals with glass/
silicone seals is terminating action for the requirements of this 
AD.
    (c) 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.

    (d) 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 2002-537-094(A), dated 
October 30, 2002.



    Issued in Fort Worth, Texas, on April 15, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-9863 Filed 4-21-03; 8:45 am]
BILLING CODE 4910-13-P