Airworthiness Directives; Eurocopter France Model AS350B, BA, B1, B2, B3, D, and AS355E Helicopters, 17621-17623 [05-6917]
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Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Proposed Rules
You can examine the
contents of this AD docket on the
Internet at https://dms.dot.gov, or in
person at the Docket Management
Facility, U.S. Department of
Transportation, 400 Seventh Street,
SW., room PL–401, on the plaza level of
the Nassif Building, Washington, DC.
This docket number is FAA–2004–
19563; the directorate identifier for this
docket is 2003–NM–10–AD.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Serge Napoleon, Aerospace Engineer,
Airframe and Propulsion Branch, ANE–
171, FAA, New York Aircraft
Certification Office, 1600 Stewart
Avenue, suite 410, Westbury, New York
11590; telephone (516) 228–7312; fax
(516) 794–5531.
SUPPLEMENTARY INFORMATION:
Discussion
We proposed to amend part 39 of the
Federal Aviation Regulations (14 CFR
part 39) with a notice of proposed
rulemaking (NPRM) for a new AD for
certain Bombardier Model CL–600–
2B16 (CL–604) series airplanes. That
NPRM was published in the Federal
Register on November 9, 2004 (69 FR
64869). The NPRM would have required
replacing the side-brace fitting shafts of
the main landing gear (MLG) with new,
improved side-brace fitting shafts;
inspecting for corrosion of the MLG
side-brace fitting shafts; and replacing
the nut, washer, and cotter pin of the
MLG side-brace fitting shafts with new
parts; as applicable. The NPRM was
prompted by the discovery of fractures
of the MLG side-brace fitting shafts
caused by corrosion on the forward side
of the side-brace fitting shafts. The
proposed actions were intended to
prevent fracture of the MLG side-brace
fitting shafts, which could result in
collapse of the MLG.
Actions Since NPRM Was Issued
Since we issued the NPRM, the
airplane manufacturer has informed us
that all airplanes identified in the
applicability section of the NPRM have
already accomplished the actions
specified in Bombardier Alert Service
Bulletin A604–32–018, Revision 01,
dated February 22, 2002, which would
have been required by the proposed AD.
Transport Canada Civil Aviation
(TCCA), which is the airworthiness
authority for Canada, has also confirmed
that the proposed requirements have
already been accomplished on all
affected airplanes.
FAA’s Conclusions
Upon further consideration, we have
determined that it is unnecessary to
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15:06 Apr 06, 2005
Jkt 205001
issue the proposed AD. Accordingly, the
NPRM is withdrawn.
Withdrawal of the NPRM does not
preclude the FAA from issuing another
related action or commit the FAA to any
course of action in the future.
Regulatory Impact
Since this action only withdraws an
NPRM, it is neither a proposed nor a
final rule and therefore is not covered
under Executive Order 12866, the
Regulatory Flexibility Act, or DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Withdrawal
Accordingly, we withdraw the NPRM,
Docket No. FAA–2004–19563,
Directorate Identifier 2003–NM–10–AD,
which was published in the Federal
Register on November 9, 2004 (69 FR
64869).
Issued in Renton, Washington, on March
31, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–6916 Filed 4–6–05; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Aviation
Administration, DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
17621
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
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
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 https://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 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
E:\FR\FM\07APP1.SGM
07APP1
17622
Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Proposed Rules
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, 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
VerDate jul<14>2003
15:06 Apr 06, 2005
Jkt 205001
planned flight altitude and the
hydraulic fluid has not been replaced
within the past 100 hours time-inservice 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.
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.
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.
1. The authority citation for part 39
continues to read as follows:
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
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Fmt 4702
Sfmt 4702
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
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:
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-inservice 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.
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Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Proposed Rules
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
FEDERAL TRADE COMMISSION
16 CFR Part 410
Deceptive Advertising as to Sizes of
Viewable Pictures Shown by Television
Receiving Sets
Federal Trade Commission.
Request for public comments.
AGENCY:
ACTION:
SUMMARY: The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
requests public comment on the overall
costs, benefits, and regulatory and
economic impact of its Rule concerning
Deceptive Advertising as to Sizes of
Viewable Pictures Shown by Television
Receiving Sets (‘‘Rule’’ or ‘‘Picture Tube
Rule’’), as part of the Commission’s
systematic review of all current
Commission regulations and guides.
DATES: Written comments will be
accepted until Monday, June 6, 2005.
ADDRESSES: Interested parties are
invited to submit written comments.
Comments should refer to ‘‘Picture Tube
Rule Regulatory Review, Matter No.
P924214’’ to facilitate the organization
of comments. A comment filed in paper
form should include this reference both
in the text and on the envelope, and
should be mailed or delivered to the
following address: Federal Trade
Commission/Office of the Secretary,
Room H–159 (Annex B), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580. Comments
containing confidential material must be
filed in paper form and the first page of
the document must be clearly labeled
‘‘Confidential.’’ The FTC is requesting
that any comment filed in paper form be
sent by courier or overnight service, if
possible, because postal mail in the
Washington area and at the Commission
is subject to delay due to heightened
security precautions. Comments filed in
electronic form should be submitted by
clicking on the following: https://
secure.commentworks.com/ftc-picture
and following the instructions on the
Web-based form. To ensure that the
Commission considers an electronic
comment, you must file it on the Webbased form at https://
secure.commentworks.com/ftc-picture.
The FTC Act and other laws the
Commission administers permit the
collection of public comments to
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15:06 Apr 06, 2005
Jkt 205001
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC Web
site, to the extent practicable, at http:/
/www.ftc.gov. As a matter of discretion,
the FTC makes every effort to remove
home contact information for
individuals from the public comments it
receives before placing those comments
on the FTC Web site. More information,
including routine uses permitted by the
Privacy Act, may be found in the FTC’s
privacy policy, at https://www.ftc.gov/
ftc/privacy.htm.
FOR FURTHER INFORMATION CONTACT: Neil
Blickman, (202) 326–3038, Attorney,
Division of Enforcement, Bureau of
Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue,
NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission’s Picture Tube Rule,
like the other trade regulation rules
issued by the Commission, ‘‘define[s]
with specificity acts or practices which
are unfair or deceptive acts or practices
in or affecting commerce. Such rules
may include requirements prescribed
for the purpose of preventing such acts
or practices. A violation of a rule shall
constitute an unfair or deceptive act or
practice in violation of section 5(a)(1) of
the [Federal Trade Commission] Act,
unless the Commission otherwise
expressly provides in its rule.’’ 16 CFR
1.8.
The Picture Tube Rule, promulgated
in 1966, sets forth the appropriate
means for disclosing the method by
which the dimensions of television
screens are measured, when this
measurement is included in any
advertisement or promotional material
for the television set. The purpose of the
Rule is to establish uniformity in
measuring television screens, and
advise consumers of this method,
thereby aiding comparison shopping for
televisions. Under the Rule, any
representation of the screen size must be
based on the horizontal dimension of
the actual, viewable picture area. Using
any other measurement is unfair and
deceptive, unless the method of
measurement is clearly and
conspicuously disclosed in close
proximity to the size designation. The
Rule notes that the horizontal
measurement must not take into account
any curvature of the tube. Further,
disclosing the method of measurement
in a footnote rather than in the body of
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17623
the advertisement does not constitute a
disclosure in close proximity to the
measurement. The Rule includes
examples of both proper and improper
representations of size descriptions.
In 1994, the Rule was amended to
clarify some of the Rule’s compliance
illustrations, provide metric equivalents
for the measurements stated in inches in
the Rule’s examples, and add a new
Note 3 to the Rule to explain that the
inclusion of metric figures is for
information purposes only and does not
impose a requirement on the industry to
use metric measurements. 59 FR 54809
(Nov. 2, 1994).
Since the Rule was last subject to
regulatory review and amended in 1994,
broadcasting and television technology
have advanced significantly, and an
array of new types of televisions are
available in the marketplace for
consumers. The technological change
with the closest nexus to the Rule is the
introduction of digital television,
including high definition television, and
the advent of new wider screen
televisions to display these enhanced
digital pictures. New television display
technologies available today include
thin, flat panel televisions with either
liquid crystal displays or plasma display
panels. In addition, there have been
advances in the quality and popularity
of front and rear, big screen, projection
televisions. Accordingly, the
Commission seeks comment on the
effect, if any, that advances in television
technology have had on the Rule.
II. Regulatory Review Program
The Commission has determined to
review all Commission rules and guides
periodically. These reviews seek
information about the costs and benefits
of the Commission’s rules and guides
and their regulatory and economic
impact. The information obtained
assists the Commission in identifying
rules and guides that warrant
modification or rescission. Therefore,
the Commission solicits comment on,
among other things, the economic
impact of its Picture Tube Rule; possible
conflict between the Rule and state,
local, or other federal laws; and the
effect on the Rule of any technological,
economic, or other industry changes.
III. Request for Comment
The Commission solicits written
public comment on the following
questions:
(1) Is there a continuing need for the
Rule as currently promulgated?
(2) Has the television industry
adopted the Rule’s disclosure
requirements as part of its routine
business practice? If so, how, and what
E:\FR\FM\07APP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Proposed Rules]
[Pages 17621-17623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6917]
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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 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 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 https://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 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
[[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 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,
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
