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11166 Federal Register / Vol. 70, No.

44 / Tuesday, March 8, 2005 / Proposed Rules

Based on these figures, we estimate the 39 of the Federal Aviation Regulations DEPARTMENT OF TRANSPORTATION
total cost impact of the proposed AD on (14 CFR part 39) as follows:
U.S. operators to be $10,824 assuming Federal Aviation Administration
the cable would be replaced on the PART 39—AIRWORTHINESS
entire fleet. DIRECTIVES 14 CFR Part 39
Regulatory Findings [Docket No. FAA–2005–20512; Directorate
1. The authority citation for part 39 Identifier 2004–SW–35–AD]
We have determined that this continues to read as follows:
proposed AD would not have federalism RIN 2120–AA64
Authority: 49 U.S.C. 106(g), 40113, 44701.
implications under Executive Order
Airworthiness Directives; Eurocopter
13132. Additionally, this proposed AD § 39.13 [Amended]
France Model EC 155B, EC155B1, SA–
would not have a substantial direct
2. Section 39.13 is amended by 365N, SA–365N1, AS–365N2, and AS
effect on the States, on the relationship
adding a new airworthiness directive to 365 N3 Helicopters
between the national Government and
the States, or on the distribution of read as follows: AGENCY: Federal Aviation
power and responsibilities among the Augusta S.p.A: Docket No. FAA–2005– Administration, DOT.
various levels of government. 20511; Directorate Identifier 2004–SW– ACTION: Notice of proposed rulemaking
For the reasons discussed above, I 32–AD. (NPRM).
certify that the proposed regulation: Applicability: Model A109E helicopters,
1. Is not a ‘‘significant regulatory SUMMARY: This document proposes
serial numbers (S/N) 11084 through 11113
action’’ under Executive Order 12866; superseding an existing airworthiness
except S/N 11096, 11103, 11105, 11106,
2. Is not a ‘‘significant rule’’ under the 11107, 11110, and 11111, certificated in any
directive (AD) that applies to Eurocopter
DOT Regulatory Policies and Procedures category.
France (Eurocopter) Model EC 155B,
(44 FR 11034, February 26, 1979); and Compliance: Required as indicated, unless
SA–365N and N1, AS–365N2, and AS
3. Will not have a significant accomplished previously.
365 N3 helicopters. That AD currently
economic impact, positive or negative, To detect arcing or burns of the cable or requires inspecting the hydraulic brake
on a substantial number of small entities relay and to prevent burning of the cable hose (hose) for crazing, pinching,
under the criteria of the Regulatory junction at a relay, a fire in the cockpit, and distortion, or leaks at the torque link
Flexibility Act. subsequent loss of control of the helicopter, hinge and replacing the hose, if
We prepared a draft economic do the following: necessary. That AD also requires
evaluation of the estimated costs to (a) Within 5 hours time-in-service, visually inspecting the hose and the emergency
comply with this proposed AD. See the inspect the cable, part number (P/N) 109– flotation gear pipe to ensure adequate
DMS to examine the draft economic 0753–10, for arcing and burns in the splice clearance, and adjusting the landing
evaluation. area where it connects to relay K7212. Refer gear leg, if necessary. This action would
to Figures 1 and 3 of the Agusta Bollettino require the same actions as the existing
Authority for This Rulemaking AD and would add a model to the
Tecnico No. 109EP–22, dated November 12,
Title 49 of the United States Code 2001 (ABT) for the location of the cable and applicability. This proposal is prompted
specifies the FAA’s authority to issue the relay in the cockpit overhead panel. by notification by the manufacturer and
rules on aviation safety. Subtitle I, (b) If arcing or burns are found, before the European Authority that another
section 106, describes the authority of further flight, replace the cable, P/N 109– affected model helicopter, the Model
the FAA Administrator. Subtitle VII, 0753–10, with an airworthy cable kit, P/N EC155B1, may have the same unsafe
Aviation Programs, describes in more 109–0823–01–101 and test the electrical condition and should be added to the
detail the scope of the Agency’s system by following the Compliance existing AD. The actions specified by
authority. Instructions, Part II, of the ABT. the proposed AD are intended to
We are issuing this rulemaking under (c) To request a different method of prevent failure of a hose, resulting in
the authority described in subtitle VII, compliance or a different compliance time failure of hydraulic pressure to the
part A, subpart III, section 44701, for this AD, follow the procedures in 14 CFR brakes on the affected landing gear
‘‘General requirements.’’ Under that 39.19. Contact the Safety Management Group, wheel, and subsequent loss of control of
section, Congress charges the FAA with Rotorcraft Directorate, FAA, for information the helicopter during a run-on landing.
promoting safe flight of civil aircraft in about previously approved alternative DATES: Comments must be received on
air commerce by prescribing regulations methods of compliance. or before May 9, 2005.
for practices, methods, and procedures Note: The subject of this AD is addressed ADDRESSES: Use one of the following
the Administrator finds necessary for in Ente Nazionale per l’Aviazione Civile addresses to submit comments on this
safety in air commerce. This regulation (Italy) AD 2001–481, dated November 13, proposed AD:
is within the scope of that authority 2001. • DOT Docket Web site: Go to
because it addresses an unsafe condition http://dms.dot.gov and follow the
that is likely to exist or develop on Issued in Fort Worth, Texas, on March 1, instructions for sending your comments
products identified in this rulemaking 2005. electronically;
action. David A. Downey, • Government-wide rulemaking Web
Manager, Rotorcraft Directorate, Aircraft site: Go to http://www.regulations.gov
List of Subjects in 14 CFR Part 39
Certification Service. and follow the instructions for sending
Air transportation, Aircraft, Aviation [FR Doc. 05–4405 Filed 3–7–05; 8:45 am] your comments electronically;
safety, Safety. BILLING CODE 4910–13–P
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
The Proposed Amendment
Seventh Street, SW., Nassif Building,
Accordingly, pursuant to the Room PL–401, Washington, DC 20590;
authority delegated to me by the • Fax: 202–493–2251; or
Administrator, the Federal Aviation • Hand Delivery: Room PL–401 on
Administration proposes to amend part the plaza level of the Nassif Building,

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Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Proposed Rules 11167

400 Seventh Street, SW., Washington, docket shortly after the DMS receives Model SA–365N, SA–365N1, AS–
DC, between 9 a.m. and 5 p.m., Monday them. 365N2, and AS 365 N3 helicopters and
through Friday, except Federal holidays. was issued to replace Alert Telex No.
Discussion
You may get the service information 32.00.09, dated July 31, 2002, and
identified in this proposed AD from On August 26, 2003, we issued AD contained no technical changes. The
American Eurocopter Corporation, 2701 2003–18–03, Amendment 39–13294 (68 DGAC classified this service bulletin as
Forum Drive, Grand Prairie, Texas FR 52832, September 8, 2003). That AD mandatory and issued AD No. F–2002–
75053–4005, telephone (972) 641–3460, requires, within the next 10 hours time- 474–058 R1, dated March 3, 2004. The
fax (972) 641–3527. in-service (TIS), inspecting the hose for proposed AD contains references to both
You may examine the comments to crazing, pinching, distortion, or leaks at of these revised documents.
this proposed AD in the AD docket on the torque link hinge and replacing the
hose before further flight, if necessary. These helicopter models are
the Internet at http://dms.dot.gov. manufactured in France and are type
AD 2003–18–03 also requires, at the
FOR FURTHER INFORMATION CONTACT: certificated for operation in the United
next 100-hour TIS inspection,
Uday Garadi, Aviation Safety Engineer, States under the provisions of 14 CFR
inspecting the hose and the emergency
FAA, Rotorcraft Directorate, Safety 21.29 and the applicable bilateral
flotation gear pipe to ensure adequate
Management Group, Fort Worth, Texas agreement. Pursuant to the applicable
clearance, and adjusting the landing
76193–0110, telephone (817) 222–5123, bilateral agreement, the DGAC has kept
gear leg, if necessary. That action was
fax (817) 222–5961. prompted by a report of a hose us informed of the situation described
SUPPLEMENTARY INFORMATION: compression due to interference with a above. We have examined the findings
Comments Invited clamp that attaches the emergency of the DGAC, reviewed all available
flotation gear pipe. The requirements of information, and determined that AD
We invite you to submit any written that AD are intended to prevent failure action is necessary for products of these
data, views, or arguments regarding this of a hose, resulting in failure of type designs that are certificated for
proposed AD. Send your comments to hydraulic pressure to the brakes on the operation in the United States.
the address listed under the caption affected landing gear wheel, and
ADDRESSES. Include the docket number
This previously described unsafe
subsequent loss of control of the condition is likely to exist or develop on
‘‘FAA–2005–20512, Directorate helicopter during a run-on landing.
Identifier 2004–SW–35–AD’’ at the other helicopters of the same type
Since issuing that AD, the designs. Therefore, the proposed AD
beginning of your comments. We manufacturer has issued a revision to its
specifically invite comments on the would supersede AD 2003–18–03. The
Alert Service Bulletin No. 32A004 to proposed AD would add the Eurocopter
overall regulatory, economic, now include the Model EC155B1
environmental, and energy aspects of Model EC155B1 helicopters to the
helicopters that we did not include in applicability and continue to require,
the proposed AD. We will consider all the applicability of that AD.
comments received by the closing date within the next 10 hours TIS, inspecting
The Direction Generale De L’Aviation
and may amend the proposed AD in the hose for crazing, pinching,
Civile (DGAC), the airworthiness
light of those comments. distortion, or leaks at the torque link
authority for France, has notified the
We will post all comments we FAA that an unsafe condition may exist hinge and replacing the hose before
receive, without change, to http:// on Eurocopter Model EC 155 B1 further flight, if necessary. The
dms.dot.gov, including any personal helicopters as well as the other affected proposed AD would also continue to
information you provide. We will also model helicopters. The DGAC has require, at the next 100-hour TIS
post a report summarizing each advised in AD No. F–2004–099, dated inspection, inspecting the hose and the
substantive verbal contact with FAA July 7, 2004, that a report of a wheel emergency flotation gear pipe to ensure
personnel concerning this proposed brake hose compression due to adequate clearance, and adjusting the
rulemaking. Using the search function interference with a clamp that attaches landing gear leg, if necessary. The
of our docket Web site, you can find and the emergency flotation gear pipe led to inspections would have to be done in
read the comments to any of our the issue of AD No. 2002–475–007, accordance with the alert service
dockets, including the name of the which defined measures applicable to bulletins described previously.
individual who sent or signed the EC 155 version B aircraft. DGAC AD No. We estimate that this proposed AD
comment. You may review the DOT’s 2002–475–007 was cancelled by its would affect 48 helicopters of U.S.
complete Privacy Act Statement in the Revision 1, and the DGAC issued AD registry. It would take approximately 5
Federal Register published on April 11, No. F–2004–099, dated July 7, 2004, work hours per helicopter to accomplish
2000 (65 FR 19477–78), or you may visit which supersedes and covers the each inspection and 5 work hours to
http://dms.dot.gov. requirements of AD 2002–475–007, replace any parts, as necessary. The
extends its affectivity to EC 155 version average labor rate is $65 per work hour.
Examining the Docket Required parts would cost
B1 aircraft, and refers to revised service
You may examine the docket that information, with no change to the approximately $459 for the hose; if
contains the proposed AD, any technical content. The DGAC issued replacing the hose on two sides is
comments, and other information in that AD after Eurocopter issued Alert required, the cost would be
person at the Docket Management Service Bulletin No. 32A004, Revision approximately $918. Based on these
System (DMS) Docket Office between 9 1, dated June 16, 2004. The revised figures, the total cost impact of the
a.m. and 5 p.m., Monday through service bulletin added the Eurocopter proposed AD on U.S. operators is
Friday, except Federal holidays. The Model EC155B1 to it’s applicability but estimated to be $1,568 per helicopter, or
Docket Office (telephone 1–800–647– didn’t change any technical content. $56,448 for the entire fleet, assuming 75
5227) is located at the plaza level of the Eurocopter has also replaced Alert percent of the fleet (36 helicopters) is
Department of Transportation NASSIF Telex No. 32.00.09, dated July 31, 2002, equipped with emergency flotation gear,
Building in Room PL–401 at 400 with Alert Service Bulletin No. that one inspection is done, and that the
Seventh Street, SW., Washington, DC. 32.00.09, dated October 27, 2003. The hose on two sides is replaced on those
Comments will be available in the AD service bulletin applies to Eurocopter 36 helicopters).

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11168 Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Proposed Rules

Regulatory Findings PART 39—AIRWORTHINESS DEPARTMENT OF TRANSPORTATION


DIRECTIVES
We have determined that this Federal Aviation Administration
proposed AD would not have federalism 1. The authority citation for part 39
implications under Executive Order continues to read as follows: 14 CFR Part 39
13132. Additionally, this proposed AD
would not have a substantial direct Authority: 49 U.S.C. 106(g), 40113, 44701. [Docket No. FAA–2005–20481; Directorate
Identifier 2004–NM–183–AD]
effect on the States, on the relationship § 39.13 [Amended]
between the national Government and RIN 2120–AA64
the States, or on the distribution of 2. Section 39.13 is amended by
power and responsibilities among the removing Amendment 39–13294 (68 FR Airworthiness Directives; Bombardier
various levels of government. 52832, September 8, 2003), and by Model DHC–8–102, –103, –106, –201,
adding a new airworthiness directive –202, –301, –311, and –315 Airplanes
For the reasons discussed above, I
(AD), to read as follows:
certify that the proposed regulation: AGENCY: Federal Aviation
Eurocopter France: Docket No. FAA–2005– Administration (FAA), Department of
1. Is not a ‘‘significant regulatory 20512; Directorate Identifier 2004 SW–
action’’ under Executive Order 12866; Transportation (DOT).
35. Supersedes AD 2003–18–03,
Amendment 39–13294, Docket No. ACTION: Notice of proposed rulemaking
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures 2002–SW–53–AD. (NPRM).
(44 FR 11034, February 26, 1979); and Applicability: Model EC 155B, EC155B1, SUMMARY: The FAA proposes to adopt a
SA–365N, SA–365N1, AS–365N2, and AS
3. Will not have a significant new airworthiness directive (AD) for
365 N3 helicopters, with emergency flotation
economic impact, positive or negative, gear installed, certificated in any category.
certain Bombardier Model DHC–8–102,
on a substantial number of small entities Compliance: Required as indicated, unless –103, –106, –201, –202, –301, –311, and
under the criteria of the Regulatory accomplished previously. –315 airplanes. This proposed AD
Flexibility Act. To prevent failure of a hydraulic brake would require operators to install torque
We prepared a draft economic hose (hose), resulting in failure of hydraulic tube catchers on the control columns of
evaluation of the estimated costs to pressure to the brakes on the affected landing the flight controls. This proposed AD is
comply with this proposed AD. See the gear wheel and subsequent loss of control of prompted by the discovery that a single
the helicopter during a run-on landing, malfunction of the torque tube could
DMS to examine the draft economic
accomplish the following: result in both flight control columns
evaluation. (a) Within 10 hours time-in-service (TIS), being supported by only one self-
Authority for This Rulemaking inspect the hose for crazing, pinching, aligning bearing. We are proposing this
distortion, or leaks as illustrated in Area A
AD to prevent the torque tube from
Title 49 of the United States Code of Figure 1 of Eurocopter Alert Service
Bulletin No. 32.00.09, dated October 27, 2003 fouling against the underfloor control
specifies the FAA’s authority to issue
(ASB No. 32.00.09), for Model SA–365N and cables, which could result in reduced
rules on aviation safety. Subtitle I,
N1, AS–365N2, and AS 365 N3 helicopters, controllability of the airplane.
section 106, describes the authority of
the FAA Administrator. Subtitle VII, and Eurocopter Alert Service Bulletin No. DATES: We must receive comments on
32A004, Revision 1, dated June 16, 2004 this proposed AD by April 7, 2005.
Aviation Programs, describes in more
(ASB No. 32A004R1), for Model EC 155B and ADDRESSES: Use one of the following
detail the scope of the Agency’s EC155B1 helicopters.
authority. addresses to submit comments on this
(b) If crazing, pinching, distortion, or leaks
exist, replace the hose with an airworthy proposed AD.
We are issuing this rulemaking under
hose before further flight. • DOT Docket Web site: Go to
the authority described in subtitle VII,
(c) At the next 100-hour TIS inspection, http://dms.dot.gov and follow the
part A, subpart III, section 44701,
inspect the hose and the emergency flotation instructions for sending your comments
‘‘General requirements.’’ Under that
gear pipe to ensure adequate clearance and electronically.
section, Congress charges the FAA with
adjust the landing gear leg, if necessary, in • Government-wide rulemaking Web
promoting safe flight of civil aircraft in accordance with the Operational Procedure, site: Go to http://www.regulations.gov
air commerce by prescribing regulations paragraph 2.B.2., of ASB No. 32.00.09 or ASB and follow the instructions for sending
for practices, methods, and procedures No. 32A004R1, as applicable. your comments electronically.
the Administrator finds necessary for (d) To request a different method of • Mail: Docket Management Facility,
safety in air commerce. This regulation compliance or a different compliance time U.S. Department of Transportation, 400
is within the scope of that authority for this AD, follow the procedures in 14 CFR
Seventh Street SW., Nassif Building,
because it addresses an unsafe condition 39.19. Contact the Safety Management Group,
Rotorcraft Directorate, FAA, for information room PL–401, Washington, DC 20590.
that is likely to exist or develop on
about previously approved alternative • By fax: (202) 493–2251.
products identified in this rulemaking • Hand Delivery: Room PL–401 on
action. methods of compliance.
Note: The subject of this AD is addressed the plaza level of the Nassif Building,
List of Subjects in 14 CFR Part 39 in Direction Generale De L’Aviation Civile 400 Seventh Street SW., Washington,
(France) AD No. F–2002–474–058 R1, dated DC, between 9 a.m. and 5 p.m., Monday
Air transportation, Aircraft, Aviation March 3, 2004 and AD No. F–2004–099, through Friday, except Federal holidays.
safety, Safety. dated July 7, 2004. For service information identified in
The Proposed Amendment this proposed AD, contact Bombardier,
Issued in Fort Worth, Texas, on March 1, Inc., Bombardier Regional Aircraft
Accordingly, pursuant to the 2005. Division, 123 Garratt Boulevard,
authority delegated to me by the David A. Downey, Downsview, Ontario M3K 1Y5, Canada.
Administrator, the Federal Aviation Manager, Rotorcraft Directorate, Aircraft You can examine the contents of this
Administration proposes to amend part Certification Service. AD docket on the Internet at http://
39 of the Federal Aviation Regulations [FR Doc. 05–4406 Filed 3–7–05; 8:45 am] dms.dot.gov, or in person at the Docket
(14 CFR part 39) as follows: BILLING CODE 4910–13–P Management Facility, U.S. Department

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