Airworthiness Directives; Eurocopter France Model AS355E, F, F1, F2, and N Helicopters, 7059-7061 [05-2590]

Download as PDF Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Proposed Rules 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. § 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: Agusta S.p.A.: Docket No. FAA–2005–20291; Directorate Identifier 2004–SW–25–AD. Applicability: Model A119 helicopters, serial numbers 14001 through 14037, except serial number 14036, certificated in any category. Compliance: Required as indicated, unless accomplished previously. To detect a fracture, a crack, or looseness of a main transmission support fitting (fitting) attachment bolt (bolt) and prevent fatigue failure of a fitting bolt and subsequent loss of control of the helicopter, accomplish the following: (a) Within 5 hours time-in-service (TIS), and then at intervals not to exceed 10 hour TIS until a torque inspection of each fitting bolt is accomplished in accordance with paragraph (b) of this AD, inspect each fitting bolt, part number NAS625–14 and NAS625– 18, for a fracture, a crack, or looseness, using a light and a mirror. (1) On each of the 4 fittings, if a fracture or a crack is found in any bolt, replace all 4 bolts in the fitting with airworthy fitting bolts before further flight. (2) If looseness is found in any bolt in any fitting, inspect each of the 4 bolts on each of the 4 fittings (16 bolts total) to determine if the torque is between 11.3–15.8 Nm (100–140 inch-pounds). If the indicated torque is not VerDate jul<14>2003 16:17 Feb 09, 2005 Jkt 205001 within the acceptable range on any bolt in a fitting, before further flight, remove all 4 bolts in the fitting and replace them with airworthy fitting bolts in accordance with Part II, steps 4.1 through 5., of Agusta Bollettino Tecnico No. 119–8, dated April 7, 2004 (BT). (b) Within 25 hours TIS, inspect each bolt in each fitting to determine if the torque is between 11.3–15.8 Nm (100–140 inchpounds). If the indicated torque is not within the acceptable range on any bolt, before further flight, remove all 4 bolts in the fitting and replace them with airworthy fitting bolts in accordance with Part II, steps 4.1 through 5., of the BT. (c) Accomplishing the inspections specified in paragraphs (a) and (b) constitute terminating actions for the requirements of this AD. (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. (e) 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, provided that no fracture, crack, or looseness was found during the inspections required by this AD. Note: The subject of this AD is addressed in Ente Nazionale per l’Aviazione Civile (Italy) AD No. 2004–108, dated April 8, 2004. Issued in Fort Worth, Texas, on February 1, 2005. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 05–2588 Filed 2–9–05; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: 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. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 7059 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 https://dms.dot.gov and follow the instructions for sending your comments electronically; • Government-wide rulemaking Web site: Go to https://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 https://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. E:\FR\FM\10FEP1.SGM 10FEP1 7060 Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Proposed Rules We will post all comments we receive, without change, to https:// 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 https://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 VerDate jul<14>2003 16:17 Feb 09, 2005 Jkt 205001 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. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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: E:\FR\FM\10FEP1.SGM 10FEP1 Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Proposed Rules [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 preMOD 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] 16:17 Feb 09, 2005 Jkt 205001 Comments Invited We invite you to submit any written data, views, or arguments regarding this proposed AD. Send or deliver your comments to the address listed under the caption ADDRESSES. Include the docket number ‘‘FAA–2005–20292, Directorate Identifier 2004–SW–26–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 https:// 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 https://dms.dot.gov. Federal Aviation Administration Authority: 49 U.S.C. 106(g), 40113, 44701. VerDate jul<14>2003 [Docket No. FAA–2005–20292; Directorate Identifier 2004–SW–26–AD] DEPARTMENT OF TRANSPORTATION 1. The authority citation for part 39 continues to read as follows: BILLING CODE 4910–13–P 14 CFR Part 39 FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort Worth, Texas 76193–0111, telephone (817) 222–5122, fax (817) 222–5961. SUPPLEMENTARY INFORMATION: RIN 2120–AA64 PART 39—AIRWORTHINESS DIRECTIVES § 39.13 7061 Airworthiness Directives; Agusta S.p.A. Model A109E Helicopters Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: This document proposes adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A109E helicopters. This proposal would require visually inspecting each main transmission support fitting (fitting) attachment bolt (bolt) for a fracture, a crack, or looseness, and verifying the torque on each fitting bolt. This proposal is prompted by two incidents of fatigue failure of the bolts that secure the transmission rear support fittings to the helicopter. The actions specified by this proposed AD are intended to detect a fracture, a crack, or looseness of a fitting bolt, and prevent fatigue failure of a fitting bolt and subsequent loss of control of the helicopter. DATES: Comments must be received on or before April 11, 2005. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD: • DOT Docket Web site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically; • Government-wide rulemaking Web site: Go to https://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 Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni Agusta 520, telephone 39 (0331) 229111, fax 39 (0331) 229605–222595. You may examine the comments to this proposed AD in the AD docket on the Internet at https://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety Engineer, PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 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 The Ente Nazionale per l’Aviazione Civile (ENAC), the airworthiness authority for Italy, notified the FAA that an unsafe condition may exist on Agusta Model A109E helicopters. ENAC advises of the need to check the bolts that secure the fittings to the structure by following the manufacturer’s Bollettino Tecnico No. 109EP–43, dated March 3, 2004. E:\FR\FM\10FEP1.SGM 10FEP1

Agencies

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


-----------------------------------------------------------------------

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).

-----------------------------------------------------------------------

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 https://dms.dot.gov and follow 
the instructions for sending your comments electronically;
     Government-wide rulemaking Web site: Go to https://
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 https://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 https://
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 https://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
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