[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Proposed Rules]
[Pages 17621-17623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6917]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20863; Directorate Identifier 2004-SW-36-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS350B, BA, B1, 
B2, B3, D, and AS355E 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 Eurocopter France (ECF) model helicopters. This 
proposal would require replacing the hydraulic fluid at a specified 
time interval when operating in cold weather. This proposal is prompted 
by reports of ice forming due to condensation in some parts of the 
hydraulic system during cold weather operation. The actions specified 
by this proposed AD are intended to prevent ice from forming in the 
hydraulic system resulting in an unintended movement of the flight 
controls and subsequent loss of control of the helicopter.

DATES: Comments must be received on or before June 6, 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 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: Ed Cuevas, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5355, 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-
20863, Directorate Identifier 2004-SW-36-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

[[Page 17622]]

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

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 AS350 and AS355 
helicopters. The DGAC advises of the formation of ice in some parts of 
the hydraulic system during flights in cold weather and when the 
hydraulic fluid is highly contaminated by water.
    ECF has issued Alert Service Bulletin Nos. 05.00.43 and 05.00.45, 
both dated April 8, 2004, which specify provisions for replacing 
hydraulic fluid in cold weather. The DGAC classified these service 
bulletins as mandatory and issued AD Nos. F-2004-055 and F-2004-056, 
both dated April 28, 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 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.
    The previously described 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, if the outside 
air temperature in an FAA weather briefing is forecast to be below 
negative 15 degrees Celsius (5 degrees Fahrenheit) at or below your 
planned flight altitude and the hydraulic fluid has not been replaced 
within the past 100 hours time-in-service or within the past 30 days, 
whichever occurred first, before further flight, replace the hydraulic 
fluid. The actions would be required to be accomplished following the 
service bulletins described previously.
    We estimate that this proposed AD would affect 556 helicopters of 
U.S. registry, and the proposed actions would take about:
     2 work hours to replace the hydraulic fluid per helicopter 
at an average labor rate of $65 per work hour; and
     $6 for hydraulic fluid each time it is changed.

Based on these figures, we estimate the total cost impact of the 
proposed AD to be $75,616, assuming two fluid replacements per year for 
50 percent of the helicopter fleet.

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 adding a new airworthiness directive 
to read as follows:

Eurocopter France: Docket No. FAA-2005-20863; Directorate Identifier 
2004-SW-36-AD.

    Applicability: Model AS350B, BA, B1, B2, B3, D and AS355E 
helicopters, certificated in any category.
    Compliance: Required as indicated.
    To prevent ice from forming in the hydraulic system resulting in 
an unintended movement of the flight controls and subsequent loss of 
control of the helicopter, do the following:
    (a) If the outside air temperature in an FAA weather briefing is 
forecast to be below negative 15 degrees Celsius (5 degrees 
Fahrenheit) at or below your planned flight altitude and the 
hydraulic fluid has not been replaced within the past 100 hours 
time-in-service or within the past 30 days, whichever occurred 
first, before further flight, replace the hydraulic fluid. Replace 
the hydraulic fluid by following the Accomplishment Instructions, 
paragraphs 2.A. and 2.B., of Eurocopter Alert Service Bulletin Nos. 
05.00.43 or 05.00.45, both dated April 8, 2004, as applicable.
    (b) 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.
    (c) Special flight permits will not be issued.

    Note: The subject of this AD is addressed in Direction Generale 
de l'Aviation Civile (France) AD Nos. F-2004-055 and F-2004-056, 
both dated April 28, 2004.




[[Page 17623]]


    Issued in Fort Worth, Texas, on March 31, 2005.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 05-6917 Filed 4-6-05; 8:45 am]
BILLING CODE 4910-13-P