Airworthiness Directives; Eurocopter France Helicopters, 38821-38823 [2013-14826]
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Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations
(2) Submission of a bid, proposal,
application or offer for a Federal grant,
contract, subcontract, cooperative
agreement or cooperative research and
development agreement which in any
way encourages a Federal agency to
classify the bid or proposal, if awarded,
as an award to a EDWOSB or WOSB.
(3) Registration on any Federal
electronic database for the purpose of
being considered for award of a Federal
grant, contract, subcontract, cooperative
agreement, or cooperative research and
development agreement, as an EDWOSB
or WOSB.
(c) Signature Requirement. Each offer,
proposal, bid, or application for a
Federal contract, subcontract, or grant
shall contain a certification concerning
the EDWOSB or WOSB status of a
business concern seeking the Federal
contract, subcontract or grant. An
authorized official must sign the
certification on the same page
containing the EDWOSB or WOSB
status claimed by the concern.
(d) Limitation of Liability. Paragraphs
(a)–(c) of this section may be
determined not to apply in the case of
unintentional errors, technical
malfunctions, and other similar
situations that demonstrate that a
misrepresentation of EDWOSB or WOSB
status was not affirmative, intentional,
willful or actionable under the False
Claims Act, 31 U.S.C. §§ 3729, et seq. A
prime contractor acting in good faith
should not be held liable for
misrepresentations made by its
subcontractors regarding the
subcontractors’ EDWOSB or WOSB
status. Relevant factors to consider in
making this determination may include
the firm’s internal management
procedures governing EDWOSB or
WOSB status representations or
certifications, the clarity or ambiguity of
the representation or certification
requirement, and the efforts made to
correct an incorrect or invalid
representation or certification in a
timely manner. An individual or firm
may not be held liable where
government personnel have erroneously
identified a concern as an EDWOSB or
WOSB without any representation or
certification having been made by the
concern and where such identification
is made without the knowledge of the
individual or firm.
(e) Penalties for Misrepresentation.
(1) Suspension or debarment. The
SBA suspension and debarment official
or the agency suspension and
debarment official may suspend or
debar a person or concern for
misrepresenting a firm’s status as an
EDWOSB or WOSB pursuant to the
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procedures set forth in 48 CFR subpart
9.4.
(2) Civil Penalties. Persons or
concerns are subject to severe penalties
under the False Claims Act, 31 U.S.C.
3729–3733, and under the Program
Fraud Civil Remedies Act, 331 U.S.C.
3801–3812, and any other applicable
laws.
(3) Criminal Penalties. Persons or
concerns are subject to severe criminal
penalties for knowingly misrepresenting
the EDWOSB or WOSB status of a
concern in connection with
procurement programs pursuant to
section 16(d) of the Small Business Act,
15 U.S.C. 645(d), as amended, 18 U.S.C.
1001, 18 U.S.C. 287, and any other
applicable laws. Persons or concerns are
subject to criminal penalties for
knowingly making false statements or
misrepresentations to SBA for the
purpose of influencing any actions of
SBA pursuant to section 16(a) of the
Small Business Act, 15 U.S.C. 645(a), as
amended, including failure to correct
‘‘continuing representations’’ that are no
longer true.
18. Add new § 127.701 to read as
follows:
■
§ 127.701 What must a concern do in order
to be identified as an EDWOSB or WOSB in
any Federal procurement databases?
(a) In order to be identified as an
EDWOSB or WOSB in the System for
Award Management (SAM) database (or
any successor thereto), a concern must
certify its EDWOSB or WOSB status in
connection with specific eligibility
requirements at least annually.
(b) If a firm identified as an EDWOSB
or WOSB in SAM fails to certify its
status within one year of a status
certification, the firm will not be listed
as an EDWOSB or WOSB in SAM,
unless and until the firm recertifies its
EDWOSB or WOSB status.
Karen G. Mills,
Administrator.
[FR Doc. 2013–15418 Filed 6–27–13; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–1214; Directorate
Identifier 2011–SW–071–AD; Amendment
39–17482; AD 2013–12–04]
RIN 2120–AA64
Airworthiness Directives; Eurocopter
France Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for
Eurocopter France Model EC 155B,
EC155B1, SA–366G1, SA–365N, SA–
365N1, AS–365N2, and AS 365 N3
helicopters, which requires modifying
the fuel tank draining system. This AD
is prompted by a closed fuel tank drain
that, in the event of a fuel leak, could
result in fuel accumulating in an area
containing electrical equipment. The
actions are intended to prevent
accumulation of fuel in an area with
electrical equipment or another ignition
source, which may lead to a fire.
DATES: This AD is effective August 2,
2013.
The Director of the Federal Register
approved the incorporation by reference
of certain documents listed in this AD
as of August 2, 2013.
ADDRESSES: For service information
identified in this AD, contact American
Eurocopter Corporation, 2701 N. Forum
Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–
0323; fax (972) 641–3775; or at https://
www.eurocopter.com/techpub. You may
review the referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region,
2601 Meacham Blvd., Room 663, Fort
Worth, Texas 76137.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov or in person at the
Docket Operations Office between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, any
incorporated-by-reference service
information, the economic evaluation,
any comments received, and other
information. The street address for the
Docket Operations Office (phone: 800–
647–5527) is U.S. Department of
Transportation, Docket Operations
Office, M–30, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
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Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Chinh Vuong, Aviation Safety Engineer,
Safety Management Group, Rotorcraft
Directorate, FAA, 2601 Meacham Blvd.,
Fort Worth, Texas 76137; telephone
(817) 222–5110; email
chinh.vuong@faa.gov.
SUPPLEMENTARY INFORMATION:
We partially agree. We are not
requiring that the repairs be
accomplished immediately. We
evaluated the safety data and
determined that allowing helicopter
owners and operators time to plan and
obtain parts to make the repairs would
not adversely affect safety.
Discussion
FAA’s Determination
On November 26, 2012, at 77 FR
70382, the Federal Register published
our notice of proposed rulemaking
(NPRM), which proposed to amend 14
CFR part 39 to include an AD that
would apply to Eurocopter France
Model EC 155B, EC155B1, SA–366G1,
SA–365N, SA–365N1, AS–365N2, and
AS 365 N3 helicopters. The NPRM
proposed to require modifying the fuel
tank draining system. The proposed
requirements were intended to prevent
accumulation of fuel in an area with
electrical equipment or other ignition
source, which may lead to a fire.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, issued EASA AD No. 2011–0190,
dated September 30, 2011 (AD No.
2011–0190), to correct an unsafe
condition for the Eurocopter France EC
155, SA 366, SA 365, and AS 365 model
helicopters, except those with certain
modifications. EASA reports that the
fuel tank drains were closed with plugs
during production to maintain
buoyancy during emergency landings in
water. EASA states that this closing of
the fuel tank drains with plugs
‘‘disregards compliance with an
airworthiness certification requirement’’
and, in the event of a fuel leak in flight,
creates ‘‘the risk of fuel accumulation
and/or migration’’ to an adjacent area
that may contain electrical equipment
‘‘susceptible of constituting a source of
ignition.’’ EASA states that this
condition, if not corrected, could result
in ignition of fuel vapors, ‘‘resulting in
a fire and consequent damage to the
helicopter, or injury to its occupants.’’
As a result, EASA required modification
of the fuel tank compartments’ draining
system.
These helicopters have been approved
by the aviation authority of France and
are approved for operation in the United
States. Pursuant to our bilateral
agreement with France, EASA, its
technical representative, has notified us
of the unsafe condition described in its
AD. We are issuing this AD because we
evaluated all information provided by
EASA, reviewed the relevant
information, considered the comments
received, and determined the unsafe
condition exists and is likely to exist or
develop on other helicopters of these
same type designs and that air safety
and the public interest require adopting
the AD requirements as proposed.
Differences Between This AD and the
EASA AD
We require within six months
modifying the fuel tank drain system for
helicopters with an emergency
buoyancy system. EASA requires
compliance within 24 months.
Related Service Information
After our NPRM (77 FR 70382,
November 26, 2012) was published, we
received comments from one
commenter.
Eurocopter issued Alert Service
Bulletin (ASB) No. EC155–53A031 for
its B and B1 model helicopters, ASB No.
AS366–53.11 for its G1 model
helicopters, and ASB No. AS365–
53.00.50 for its N, N1, N2 and N3 model
helicopters. The ASBs were all dated
May 3, 2011, and were all followed with
Revision 1 dated September 21, 2011.
For helicopters not equipped with
emergency buoyancy fixed parts, the
ASBs describe procedures to modify the
fuel tank draining system by removing
drain plugs in the fuel tanks, to make
draining possible. For helicopters
equipped with emergency buoyancy
fixed parts, the ASBs contain additional
procedures to seal one drain plug per
fuel tank compartment and to install
new drain points and self-sealing drain
valves in specified fuel tanks. EASA AD
No. 2011–0190 classifies these ASBs as
mandatory to ensure the airworthiness
of these helicopters.
Request
Costs of Compliance
The commenter called this ‘‘a health
and safety issue’’ and stated that the
repairs should be done immediately, as
the costs of the repair are relatively
minor.
We estimate that this AD affects 46
helicopters of U.S. Registry and that
labor costs average $85 per work-hour.
Based on these estimates, we expect the
following costs:
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Sealing drain plugs, and installing
new drain points and self-sealing drain
valves at other locations on helicopters
equipped with emergency buoyancy
fixed parts require 16 work-hours. Parts
cost $11,154 for a total cost of $12,514
per helicopter. For helicopters equipped
with emergency buoyancy fixed parts
and a sixth fuel tank, this work instead
requires 17 work-hours for a total cost
of $12,599 per helicopter.
Removing drain plugs on helicopters
not equipped with emergency buoyancy
fixed parts requires one work-hour and
no parts for a total cost of $85 per
helicopter. For helicopters not equipped
with emergency buoyancy fixed parts
but equipped with a sixth fuel tank, this
work instead requires two work-hours
for a total cost of $170 per helicopter.
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
helicopters identified in this rulemaking
action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will 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 this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
(3) Will not affect intrastate aviation
in Alaska to the extent that it justifies
making a regulatory distinction; and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
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Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations
under the criteria of the Regulatory
Flexibility Act.
We prepared an economic evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2013–12–04 Eurocopter France Helicopters:
Amendment 39–17482; Docket No.
FAA–2012–1214; Directorate Identifier
2011–SW–071–AD.
(a) Applicability
This AD applies to Eurocopter France
Model EC 155B, EC155B1, and SA–366G1
helicopters, except those with modification
365A084485.00, or modifications 0753C98
and 0745C96; and Model SA–365N, SA–
365N1, AS–365N2, and AS 365 N3
helicopters, except those with modifications
0753C98, 0745C96, and (if a sixth fuel tank
is installed) 365A081003.00, or modification
365A081003.00 and (if a sixth fuel tank is
installed) 365A084485.00.
(b) Unsafe Condition
This AD defines the unsafe condition as a
closed fuel tank drain that, in the event of a
fuel leak, could result in fuel accumulating
in an area containing electrical equipment or
other ignition source. This condition could
result in a fire in the helicopter.
(c) Effective Date
This AD becomes effective August 2, 2013.
tkelley on DSK3SPTVN1PROD with RULES
(d) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(e) Required Actions
(1) Within 110 hours time-in-service (TIS):
(i) For helicopters without an emergency
buoyancy system, remove the fuel tank drain
plugs listed in the Accomplishment
Instructions, paragraph 3.B.2.b., of
Eurocopter Alert Service Bulletin (ASB) No.
EC155–53A031, Revision 1, dated September
21, 2011 (ASB 155); ASB No. AS365–
53.00.50, Revision 1, dated September 21,
2011 (ASB 365), or ASB No. AS366–53.11,
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Revision 1, dated September 21, 2011 (ASB
366), as appropriate for your model
helicopter.
(ii) For the Model SA–365N, SA–365N1,
AS–365N2, and AS 365 N3 helicopters, if
there is an optional sixth fuel tank installed,
install a self-sealing drain valve in
accordance with paragraph 3.B.2.c. of ASB
365.
(2) Within six months:
(i) For helicopters with an emergency
buoyancy system, modify the fuel tank drain
system in accordance with the
Accomplishment Instructions, paragraphs
3.B.2.a.1. through 3.B.2.a.3, of the ASB
appropriate for your model helicopter.
(ii) For the Model SA–365N, SA–365N1,
AS–365N2, AS 365 N3 helicopters, if there is
an optional sixth fuel tank installed, install
a self-sealing drain valve in accordance with
paragraph 3.B.2.c. of ASB 365.
(f) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: Chinh Vuong,
Aviation Safety Engineer, Safety Management
Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas 76137;
telephone (817) 222–5110; email
chinh.vuong@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office, before
operating any aircraft complying with this
AD through an AMOC.
(g) Additional Information
The subject of this AD is addressed in
European Aviation Safety Agency (EASA) AD
No. 2011–0190, dated September 30, 2011.
You may view the EASA AD at https://
www.regulations.gov by searching for and
locating it in Docket No. FAA–2012–1214.
(h) Subject
Joint Aircraft Service Component (JASC)
Code: 2810, fuel storage.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Eurocopter Alert Service Bulletin No.
EC155–53A031, Revision 1, dated September
21, 2011.
(ii) Eurocopter Alert Service Bulletin No.
AS365–53.00.50, Revision 1, dated
September 21, 2011.
(iii) Eurocopter Alert Service Bulletin No.
AS366–53.11, Revision 1, dated September
21, 2011.
(3) For Eurocopter service information
identified in this AD, contact American
Eurocopter Corporation, 2701 N. Forum
Drive, Grand Prairie, TX 75052; telephone
(972) 641–0000 or (800) 232–0323; fax (972)
PO 00000
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38823
641–3775; or at https://www.eurocopter.com/
techpub.
(4) You may view this service information
at FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd.,
Room 663, Fort Worth, Texas 76137. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Fort Worth, Texas, on June 13,
2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. 2013–14826 Filed 6–27–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–1155; Directorate
Identifier 2012–NM–115–AD; Amendment
39–17445; AD 2013–09–04]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final Rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Bombardier, Inc. Model DHC–8–400
series airplanes. This AD was prompted
by reports of chafing found on the main
landing gear (MLG) yoke. The chafing
was attributed to contact between the
nacelle fire detection wires and the
MLG yoke. This AD requires inspections
of the nacelle fire detection wires and
the MLG yoke for damage; replacing
nacelle fire detection wires, if necessary;
repairing the MLG yoke, if necessary;
and installing brackets and associated
hardware to secure the fire detection
wires. We are issuing this AD to prevent
chafing between the nacelle fire
detection wires and the MLG yoke.
Chafing could lead to cracking and
subsequent failure of the MLG yoke,
which could adversely affect the safe
landing of the airplane. In addition,
chafing of the nacelle fire detection
wires could cause them to fail and
prevent the detection of a fire in the
nacelle assembly.
SUMMARY:
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Agencies
[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Rules and Regulations]
[Pages 38821-38823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14826]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1214; Directorate Identifier 2011-SW-071-AD;
Amendment 39-17482; AD 2013-12-04]
RIN 2120-AA64
Airworthiness Directives; Eurocopter France Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for
Eurocopter France Model EC 155B, EC155B1, SA-366G1, SA-365N, SA-365N1,
AS-365N2, and AS 365 N3 helicopters, which requires modifying the fuel
tank draining system. This AD is prompted by a closed fuel tank drain
that, in the event of a fuel leak, could result in fuel accumulating in
an area containing electrical equipment. The actions are intended to
prevent accumulation of fuel in an area with electrical equipment or
another ignition source, which may lead to a fire.
DATES: This AD is effective August 2, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of August 2, 2013.
ADDRESSES: For service information identified in this AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX
75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775;
or at https://www.eurocopter.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, any incorporated-by-reference
service information, the economic evaluation, any comments received,
and other information. The street address for the Docket Operations
Office (phone: 800-647-5527) is U.S. Department of Transportation,
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.
[[Page 38822]]
FOR FURTHER INFORMATION CONTACT: Chinh Vuong, Aviation Safety Engineer,
Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email
chinh.vuong@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On November 26, 2012, at 77 FR 70382, the Federal Register
published our notice of proposed rulemaking (NPRM), which proposed to
amend 14 CFR part 39 to include an AD that would apply to Eurocopter
France Model EC 155B, EC155B1, SA-366G1, SA-365N, SA-365N1, AS-365N2,
and AS 365 N3 helicopters. The NPRM proposed to require modifying the
fuel tank draining system. The proposed requirements were intended to
prevent accumulation of fuel in an area with electrical equipment or
other ignition source, which may lead to a fire.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, issued EASA AD No.
2011-0190, dated September 30, 2011 (AD No. 2011-0190), to correct an
unsafe condition for the Eurocopter France EC 155, SA 366, SA 365, and
AS 365 model helicopters, except those with certain modifications. EASA
reports that the fuel tank drains were closed with plugs during
production to maintain buoyancy during emergency landings in water.
EASA states that this closing of the fuel tank drains with plugs
``disregards compliance with an airworthiness certification
requirement'' and, in the event of a fuel leak in flight, creates ``the
risk of fuel accumulation and/or migration'' to an adjacent area that
may contain electrical equipment ``susceptible of constituting a source
of ignition.'' EASA states that this condition, if not corrected, could
result in ignition of fuel vapors, ``resulting in a fire and consequent
damage to the helicopter, or injury to its occupants.'' As a result,
EASA required modification of the fuel tank compartments' draining
system.
Comments
After our NPRM (77 FR 70382, November 26, 2012) was published, we
received comments from one commenter.
Request
The commenter called this ``a health and safety issue'' and stated
that the repairs should be done immediately, as the costs of the repair
are relatively minor.
We partially agree. We are not requiring that the repairs be
accomplished immediately. We evaluated the safety data and determined
that allowing helicopter owners and operators time to plan and obtain
parts to make the repairs would not adversely affect safety.
FAA's Determination
These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
its AD. We are issuing this AD because we evaluated all information
provided by EASA, reviewed the relevant information, considered the
comments received, and determined the unsafe condition exists and is
likely to exist or develop on other helicopters of these same type
designs and that air safety and the public interest require adopting
the AD requirements as proposed.
Differences Between This AD and the EASA AD
We require within six months modifying the fuel tank drain system
for helicopters with an emergency buoyancy system. EASA requires
compliance within 24 months.
Related Service Information
Eurocopter issued Alert Service Bulletin (ASB) No. EC155-53A031 for
its B and B1 model helicopters, ASB No. AS366-53.11 for its G1 model
helicopters, and ASB No. AS365-53.00.50 for its N, N1, N2 and N3 model
helicopters. The ASBs were all dated May 3, 2011, and were all followed
with Revision 1 dated September 21, 2011.
For helicopters not equipped with emergency buoyancy fixed parts,
the ASBs describe procedures to modify the fuel tank draining system by
removing drain plugs in the fuel tanks, to make draining possible. For
helicopters equipped with emergency buoyancy fixed parts, the ASBs
contain additional procedures to seal one drain plug per fuel tank
compartment and to install new drain points and self-sealing drain
valves in specified fuel tanks. EASA AD No. 2011-0190 classifies these
ASBs as mandatory to ensure the airworthiness of these helicopters.
Costs of Compliance
We estimate that this AD affects 46 helicopters of U.S. Registry
and that labor costs average $85 per work-hour. Based on these
estimates, we expect the following costs:
Sealing drain plugs, and installing new drain points and self-
sealing drain valves at other locations on helicopters equipped with
emergency buoyancy fixed parts require 16 work-hours. Parts cost
$11,154 for a total cost of $12,514 per helicopter. For helicopters
equipped with emergency buoyancy fixed parts and a sixth fuel tank,
this work instead requires 17 work-hours for a total cost of $12,599
per helicopter.
Removing drain plugs on helicopters not equipped with emergency
buoyancy fixed parts requires one work-hour and no parts for a total
cost of $85 per helicopter. For helicopters not equipped with emergency
buoyancy fixed parts but equipped with a sixth fuel tank, this work
instead requires two work-hours for a total cost of $170 per
helicopter.
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 helicopters identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will 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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
(3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities
[[Page 38823]]
under the criteria of the Regulatory Flexibility Act.
We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2013-12-04 Eurocopter France Helicopters: Amendment 39-17482; Docket
No. FAA-2012-1214; Directorate Identifier 2011-SW-071-AD.
(a) Applicability
This AD applies to Eurocopter France Model EC 155B, EC155B1, and
SA-366G1 helicopters, except those with modification 365A084485.00,
or modifications 0753C98 and 0745C96; and Model SA-365N, SA-365N1,
AS-365N2, and AS 365 N3 helicopters, except those with modifications
0753C98, 0745C96, and (if a sixth fuel tank is installed)
365A081003.00, or modification 365A081003.00 and (if a sixth fuel
tank is installed) 365A084485.00.
(b) Unsafe Condition
This AD defines the unsafe condition as a closed fuel tank drain
that, in the event of a fuel leak, could result in fuel accumulating
in an area containing electrical equipment or other ignition source.
This condition could result in a fire in the helicopter.
(c) Effective Date
This AD becomes effective August 2, 2013.
(d) Compliance
You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.
(e) Required Actions
(1) Within 110 hours time-in-service (TIS):
(i) For helicopters without an emergency buoyancy system, remove
the fuel tank drain plugs listed in the Accomplishment Instructions,
paragraph 3.B.2.b., of Eurocopter Alert Service Bulletin (ASB) No.
EC155-53A031, Revision 1, dated September 21, 2011 (ASB 155); ASB
No. AS365-53.00.50, Revision 1, dated September 21, 2011 (ASB 365),
or ASB No. AS366-53.11, Revision 1, dated September 21, 2011 (ASB
366), as appropriate for your model helicopter.
(ii) For the Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3
helicopters, if there is an optional sixth fuel tank installed,
install a self-sealing drain valve in accordance with paragraph
3.B.2.c. of ASB 365.
(2) Within six months:
(i) For helicopters with an emergency buoyancy system, modify
the fuel tank drain system in accordance with the Accomplishment
Instructions, paragraphs 3.B.2.a.1. through 3.B.2.a.3, of the ASB
appropriate for your model helicopter.
(ii) For the Model SA-365N, SA-365N1, AS-365N2, AS 365 N3
helicopters, if there is an optional sixth fuel tank installed,
install a self-sealing drain valve in accordance with paragraph
3.B.2.c. of ASB 365.
(f) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Chinh Vuong, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110;
email chinh.vuong@faa.gov.
(2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.
(g) Additional Information
The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2011-0190, dated September 30, 2011. You may
view the EASA AD at https://www.regulations.gov by searching for and
locating it in Docket No. FAA-2012-1214.
(h) Subject
Joint Aircraft Service Component (JASC) Code: 2810, fuel
storage.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Eurocopter Alert Service Bulletin No. EC155-53A031, Revision
1, dated September 21, 2011.
(ii) Eurocopter Alert Service Bulletin No. AS365-53.00.50,
Revision 1, dated September 21, 2011.
(iii) Eurocopter Alert Service Bulletin No. AS366-53.11,
Revision 1, dated September 21, 2011.
(3) For Eurocopter service information identified in this AD,
contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand
Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax
(972) 641-3775; or at https://www.eurocopter.com/techpub.
(4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. For information on the availability of this
material at the FAA, call (817) 222-5110.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call (202) 741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Fort Worth, Texas, on June 13, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-14826 Filed 6-27-13; 8:45 am]
BILLING CODE 4910-13-P