[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Proposed Rules]
[Pages 70382-70384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28435]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1214; Directorate Identifier 2011-SW-071-AD]
RIN 2120-AA64
Airworthiness Directives; Eurocopter France Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt 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 would require modifying the
fuel tank draining system. This proposed 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 proposed
actions are intended to prevent accumulation of fuel in an area with
electrical equipment or other ignition source, which may lead to a
fire.
DATES: We must receive comments on this proposed AD by January 25,
2013.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
Fax: 202-493-2251.
Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Examining the AD Docket: You may examine the AD docket on the
Internet at http://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 proposed AD, the
economic evaluation, any comments received, and other information. The
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
For service information identified in this proposed 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 http://www.eurocopter.com/techpub. You may review a copy of the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.
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
[email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has 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.
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 proposing this AD because we evaluated all known
relevant information and determined that an
[[Page 70383]]
unsafe condition is likely to exist or develop on other products of
these same type designs.
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.
Proposed AD Requirements
This proposed AD would require compliance with certain sections
within paragraph 3.B.2 of the manufacturer's service bulletins.
Helicopters equipped with emergency buoyancy fixed parts would be
required to comply within six months, and helicopters not equipped with
emergency buoyancy fixed parts would be required to comply within 110
hours time-in-service.
Costs of Compliance
We estimate that this proposed AD would affect 46 helicopters of
U.S. Registry and that labor costs average $85 per work-hour. Based on
these estimates, we would 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 would require 16 work-hours. Parts would
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 would instead require 17 work-hours for a total
cost of $12,599 per helicopter.
Removing drain plugs on helicopters not equipped with emergency
buoyancy fixed parts would require 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 would instead require 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 products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. 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, I certify this 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);
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 under the criteria
of the Regulatory Flexibility Act.
We prepared an economic evaluation of the estimated costs to comply
with this proposed 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
Eurocopter France: 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) 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.
(d) 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 the ASB.
(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 the ASB.
[[Page 70384]]
(e) Alternative Methods of Compliance (AMOC)
(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 [email protected].
(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.
(f) Additional Information
The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2011-0190, dated September 30, 2011.
(g) Subject
Joint Aircraft Service Component (JASC) Code: 2810, fuel
storage.
Issued in Fort Worth, Texas, on November 8, 2012.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2012-28435 Filed 11-23-12; 8:45 am]
BILLING CODE 4910-13-P