[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Proposed Rules]
[Pages 11166-11168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4406]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20512; Directorate Identifier 2004-SW-35-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model EC 155B, 
EC155B1, SA-365N, SA-365N1, AS-365N2, and AS 365 N3 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) that applies to Eurocopter France (Eurocopter) Model EC 
155B, SA-365N and N1, AS-365N2, and AS 365 N3 helicopters. That AD 
currently requires inspecting the hydraulic brake hose (hose) for 
crazing, pinching, distortion, or leaks at the torque link hinge and 
replacing the hose, if necessary. That AD also requires inspecting the 
hose and the emergency flotation gear pipe to ensure adequate 
clearance, and adjusting the landing gear leg, if necessary. This 
action would require the same actions as the existing AD and would add 
a model to the applicability. This proposal is prompted by notification 
by the manufacturer and the European Authority that another affected 
model helicopter, the Model EC155B1, may have the same unsafe condition 
and should be added to the existing AD. The actions specified by the 
proposed AD are intended to prevent failure of a hose, resulting in 
failure of hydraulic pressure to the brakes on the affected landing 
gear wheel, and subsequent loss of control of the helicopter during a 
run-on landing.

DATES: Comments must be received on or before May 9, 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,

[[Page 11167]]

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: Uday Garadi, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Safety Management 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-
20512, Directorate Identifier 2004-SW-35-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 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 August 26, 2003, we issued AD 2003-18-03, Amendment 39-13294 (68 
FR 52832, September 8, 2003). That AD requires, within the next 10 
hours time-in-service (TIS), inspecting the hose for crazing, pinching, 
distortion, or leaks at the torque link hinge and replacing the hose 
before further flight, if necessary. AD 2003-18-03 also requires, at 
the next 100-hour TIS inspection, inspecting the hose and the emergency 
flotation gear pipe to ensure adequate clearance, and adjusting the 
landing gear leg, if necessary. That action was prompted by a report of 
a hose compression due to interference with a clamp that attaches the 
emergency flotation gear pipe. The requirements of that AD are intended 
to prevent failure of a hose, resulting in failure of hydraulic 
pressure to the brakes on the affected landing gear wheel, and 
subsequent loss of control of the helicopter during a run-on landing.
    Since issuing that AD, the manufacturer has issued a revision to 
its Alert Service Bulletin No. 32A004 to now include the Model EC155B1 
helicopters that we did not include in the applicability of that AD.
    The Direction Generale De L'Aviation Civile (DGAC), the 
airworthiness authority for France, has notified the FAA that an unsafe 
condition may exist on Eurocopter Model EC 155 B1 helicopters as well 
as the other affected model helicopters. The DGAC has advised in AD No. 
F-2004-099, dated July 7, 2004, that a report of a wheel brake hose 
compression due to interference with a clamp that attaches the 
emergency flotation gear pipe led to the issue of AD No. 2002-475-007, 
which defined measures applicable to EC 155 version B aircraft. DGAC AD 
No. 2002-475-007 was cancelled by its Revision 1, and the DGAC issued 
AD No. F-2004-099, dated July 7, 2004, which supersedes and covers the 
requirements of AD 2002-475-007, extends its affectivity to EC 155 
version B1 aircraft, and refers to revised service information, with no 
change to the technical content. The DGAC issued that AD after 
Eurocopter issued Alert Service Bulletin No. 32A004, Revision 1, dated 
June 16, 2004. The revised service bulletin added the Eurocopter Model 
EC155B1 to it's applicability but didn't change any technical content.
    Eurocopter has also replaced Alert Telex No. 32.00.09, dated July 
31, 2002, with Alert Service Bulletin No. 32.00.09, dated October 27, 
2003. The service bulletin applies to Eurocopter Model SA-365N, SA-
365N1, AS-365N2, and AS 365 N3 helicopters and was issued to replace 
Alert Telex No. 32.00.09, dated July 31, 2002, and contained no 
technical changes. The DGAC classified this service bulletin as 
mandatory and issued AD No. F-2002-474-058 R1, dated March 3, 2004. The 
proposed AD contains references to both of these revised documents.
    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.
    This previously described unsafe condition is likely to exist or 
develop on other helicopters of the same type designs. Therefore, the 
proposed AD would supersede AD 2003-18-03. The proposed AD would add 
the Eurocopter Model EC155B1 helicopters to the applicability and 
continue to require, within the next 10 hours TIS, inspecting the hose 
for crazing, pinching, distortion, or leaks at the torque link hinge 
and replacing the hose before further flight, if necessary. The 
proposed AD would also continue to require, at the next 100-hour TIS 
inspection, inspecting the hose and the emergency flotation gear pipe 
to ensure adequate clearance, and adjusting the landing gear leg, if 
necessary. The inspections would have to be done in accordance with the 
alert service bulletins described previously.
    We estimate that this proposed AD would affect 48 helicopters of 
U.S. registry. It would take approximately 5 work hours per helicopter 
to accomplish each inspection and 5 work hours to replace any parts, as 
necessary. The average labor rate is $65 per work hour. Required parts 
would cost approximately $459 for the hose; if replacing the hose on 
two sides is required, the cost would be approximately $918. Based on 
these figures, the total cost impact of the proposed AD on U.S. 
operators is estimated to be $1,568 per helicopter, or $56,448 for the 
entire fleet, assuming 75 percent of the fleet (36 helicopters) is 
equipped with emergency flotation gear, that one inspection is done, 
and that the hose on two sides is replaced on those 36 helicopters).

[[Page 11168]]

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 removing Amendment 39-13294 (68 FR 
52832, September 8, 2003), and by adding a new airworthiness directive 
(AD), to read as follows:

Eurocopter France: Docket No. FAA-2005-20512; Directorate Identifier 
2004 SW-35. Supersedes AD 2003-18-03, Amendment 39-13294, Docket No. 
2002-SW-53-AD.

    Applicability: Model EC 155B, EC155B1, SA-365N, SA-365N1, AS-
365N2, and AS 365 N3 helicopters, with emergency flotation gear 
installed, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of a hydraulic brake hose (hose), resulting 
in failure of hydraulic pressure to the brakes on the affected 
landing gear wheel and subsequent loss of control of the helicopter 
during a run-on landing, accomplish the following:
    (a) Within 10 hours time-in-service (TIS), inspect the hose for 
crazing, pinching, distortion, or leaks as illustrated in Area A of 
Figure 1 of Eurocopter Alert Service Bulletin No. 32.00.09, dated 
October 27, 2003 (ASB No. 32.00.09), for Model SA-365N and N1, AS-
365N2, and AS 365 N3 helicopters, and Eurocopter Alert Service 
Bulletin No. 32A004, Revision 1, dated June 16, 2004 (ASB No. 
32A004R1), for Model EC 155B and EC155B1 helicopters.
    (b) If crazing, pinching, distortion, or leaks exist, replace 
the hose with an airworthy hose before further flight.
    (c) At the next 100-hour TIS inspection, inspect the hose and 
the emergency flotation gear pipe to ensure adequate clearance and 
adjust the landing gear leg, if necessary, in accordance with the 
Operational Procedure, paragraph 2.B.2., of ASB No. 32.00.09 or ASB 
No. 32A004R1, as applicable.
    (d) 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.

    Note: The subject of this AD is addressed in Direction Generale 
De L'Aviation Civile (France) AD No. F-2002-474-058 R1, dated March 
3, 2004 and AD No. F-2004-099, dated July 7, 2004.



    Issued in Fort Worth, Texas, on March 1, 2005.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 05-4406 Filed 3-7-05; 8:45 am]
BILLING CODE 4910-13-P