[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Proposed Rules]
[Pages 7059-7061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2590]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20293; Directorate Identifier 2004-SW-34-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS355E, F, F1, 
F2, and N Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes superseding an existing airworthiness 
directive (AD) for the specified Eurocopter France (ECF) model 
helicopters. That AD currently requires replacing certain main or 
combiner gearboxes with airworthy gearboxes. Further investigation has 
shown that the main gearbox is not affected, and this action would 
require replacing a certain combiner gearbox with a modified airworthy 
gearbox. This proposal is prompted by a report of a freewheel unit 
slipping resulting in an engine overspeed and shutdown. Also, this 
proposal is prompted by the conclusion of the investigation, which 
finds the freewheel slippage is due to the surface treatment applied to 
certain freewheel rollers in the combiner gearbox. The actions 
specified by the proposed AD are intended to prevent an engine 
overspeed, an engine shutdown, and subsequent loss of control of the 
helicopter.

DATES: Comments must be received by April 11, 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 examine the comments to this proposed AD in the AD docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Uday Garadi, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5123, 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-
20293, Directorate Identifier 2004-SW-34-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.

[[Page 7060]]

    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 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, 
SW., Washington, DC. Comments will be available in the AD docket 
shortly after the DMS receives them.

Discussion

    On January 8, 2004, we issued Emergency AD 2004-01-51 followed by 
the publication in the Federal Register of the final rule AD, issued 
February 20, 2004, Amendment 39-13495, Docket No. 2004-SW-34-AD (69 FR 
9201, February 27, 2004) for the specified model helicopters. The AD 
requires replacing a main or combiner gearbox received from Eurocopter 
Marignane, France, works with airworthy gearboxes received from another 
source. This was an interim action pending the results of an 
investigation. That action was prompted by a report of a main gearbox 
free-wheel unit slipping, resulting in an engine overspeed and shut 
down, which occurred during the single-engine phase of an acceptance 
flight. This condition, if not corrected, could result in an engine 
overspeed, an engine shut down, and subsequent loss of control of the 
helicopter.
    Since issuing those ADs, the FAA has reviewed ECF Alert Telex No. 
63.00.21 R2, dated February 4, 2004 (AT 63.00.21 R2). The Alert Telex 
describes the conclusion of the investigation that the freewheel 
slippage is due to the surface treatment applied to freewheel rollers, 
pre-MOD 077212. The freewheel rollers are located in the combiner 
gearbox; therefore, the main gearbox has been eliminated as the cause 
of this unsafe condition. The results of the investigation led ECF to 
cancel the cleaning procedure described in Alert Telex No. 63.00.21 R1, 
dated December 19, 2003, but to extend the effectivity of their 
instructions to all combiner gearboxes. Also, Alert Telex 63.00.21 R2 
specifies modifying the combiner gearboxes at an approved repair 
station by replacing the freewheel rollers and after that recording the 
modification on the Equipment Log Card.
    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 model helicopters. The DGAC 
advises of a combiner gearbox freewheel slippage with resulting engine 
shutdown due to overspeed, which occurred during the single-engine 
phase of an acceptance flight at the Eurocopter works. The DGAC 
classified AT 63.00.21 R2 as mandatory and issued AD F-2004-021, dated 
March 3, 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 the FAA 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.
    This previously described unsafe condition is likely to exist or 
develop on other helicopters of the same type design. Therefore, the 
proposed AD would supersede AD 2004-01-51 to require, before further 
flight, replacing each combiner gearbox pre-MOD 077212 that has logged 
10 hours or less TIS with a combiner gearbox modified by replacing the 
free-wheel rollers.
    We estimate that this proposed AD would affect 104 helicopters of 
U.S. registry, and the proposed actions would take about \1/2\ work 
hour to determine applicability and 12 work hours to replace a gearbox 
at an average labor rate of $65 per work hour. Required parts would 
cost about $97,000 per helicopter. Based on these figures, we estimate 
the total cost impact of the proposed AD on U.S. operators to be 
$981,180 assuming 10 gearboxes are replaced.

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:

[[Page 7061]]

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 removing Amendment 39-13495 (69 FR 
9201, February 27, 2004), and by adding a new airworthiness directive 
(AD), to read as follows:

Eurocopter France: Docket No. FAA-2005-20293; Directorate Identifier 
2004-SW-34-AD. Supersedes AD 2004-01-51, Amendment 39-13495, Docket 
No. 2003-SW-56-AD.

    Applicability: Model AS355E, F, F1, F2, and N helicopters with a 
pre-MOD 077212 combiner gearbox that has 10 or less hours time-in-
service installed, certificated in any category.
    Compliance: Before further flight, unless accomplished 
previously.
    To prevent an engine overspeed, an engine shutdown, and 
subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Before further flight, replace each pre-MOD 077212 combiner 
gearbox with a combiner gearbox modified by replacing the freewheel 
rollers in accordance with MOD 077212.

    Note 1: Eurocopter France Alert Telex No. 63.00.21 R2, dated 
February 4, 2004, pertains to the subject AD.

    (b) Performing paragraph (a) of this AD is terminating action 
for the requirements of this AD.
    (c) 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, FAA, for information about 
previously approved alternative methods of compliance.
    (d) Special flight permits will not be issued.

    Note 2: The subject of this AD is addressed in Direction 
Generale de L'Aviation Civile, France, AD No. F-2004-021, dated 
March 3, 2004.


    Issued in Fort Worth, Texas, on January 24, 2005.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 05-2590 Filed 2-9-05; 8:45 am]
BILLING CODE 4910-13-P