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Federal Register / Vol. 70, No.

27 / Thursday, February 10, 2005 / Proposed Rules 7059

detail the scope of the Agency’s within the acceptable range on any bolt in a Further investigation has shown that the
authority. fitting, before further flight, remove all 4 main gearbox is not affected, and this
We are issuing this rulemaking under bolts in the fitting and replace them with action would require replacing a certain
the authority described in Subtitle VII, airworthy fitting bolts in accordance with combiner gearbox with a modified
Part II, steps 4.1 through 5., of Agusta
Part A, Subpart III, Section 44701, airworthy gearbox. This proposal is
Bollettino Tecnico No. 119–8, dated April 7,
‘‘General requirements.’’ Under that 2004 (BT). prompted by a report of a freewheel unit
section, Congress charges the FAA with (b) Within 25 hours TIS, inspect each bolt slipping resulting in an engine
promoting safe flight of civil aircraft in in each fitting to determine if the torque is overspeed and shutdown. Also, this
air commerce by prescribing regulations between 11.3–15.8 Nm (100–140 inch- proposal is prompted by the conclusion
for practices, methods, and procedures pounds). If the indicated torque is not within of the investigation, which finds the
the Administrator finds necessary for the acceptable range on any bolt, before freewheel slippage is due to the surface
safety in air commerce. This regulation further flight, remove all 4 bolts in the fitting treatment applied to certain freewheel
is within the scope of that authority and replace them with airworthy fitting bolts rollers in the combiner gearbox. The
in accordance with Part II, steps 4.1 through
because it addresses an unsafe condition actions specified by the proposed AD
5., of the BT.
that is likely to exist or develop on (c) Accomplishing the inspections are intended to prevent an engine
products identified in this rulemaking specified in paragraphs (a) and (b) constitute overspeed, an engine shutdown, and
action. terminating actions for the requirements of subsequent loss of control of the
List of Subjects in 14 CFR Part 39 this AD. helicopter.
(d) To request a different method of
DATES: Comments must be received by
Air transportation, Aircraft, Aviation compliance or a different compliance time
safety, Safety. for this AD, follow the procedures in 14 CFR April 11, 2005.
39.19. Contact the Safety Management Group, ADDRESSES: Use one of the following
The Proposed Amendment Rotorcraft Directorate, FAA, for information addresses to submit comments on this
Accordingly, pursuant to the about previously approved alternative proposed AD:
authority delegated to me by the methods of compliance. • DOT Docket Web site: Go to
Administrator, the Federal Aviation (e) Special flight permits may be issued in http://dms.dot.gov and follow the
accordance with 14 CFR 21.197 and 21.199 instructions for sending your comments
Administration proposes to amend part
to operate the helicopter to a location where electronically;
39 of the Federal Aviation Regulations the requirements of this AD can be
(14 CFR part 39) as follows: • Government-wide rulemaking Web
accomplished, provided that no fracture,
crack, or looseness was found during the site: Go to http://www.regulations.gov
PART 39—AIRWORTHINESS inspections required by this AD. and follow the instructions for sending
DIRECTIVES Note: The subject of this AD is addressed your comments electronically;
in Ente Nazionale per l’Aviazione Civile • Mail: Docket Management Facility;
1. The authority citation for part 39 U.S. Department of Transportation, 400
continues to read as follows: (Italy) AD No. 2004–108, dated April 8, 2004.
Seventh Street, SW., Nassif Building,
Authority: 49 U.S.C. 106(g), 40113, 44701. Issued in Fort Worth, Texas, on February Room PL–401, Washington, DC 20590;
1, 2005. • Fax: 202–493–2251; or
§ 39.13 [Amended] David A. Downey, • Hand Delivery: Room PL–401 on
2. Section 39.13 is amended by Manager, Rotorcraft Directorate, Aircraft the plaza level of the Nassif Building,
adding a new airworthiness directive to Certification Service. 400 Seventh Street, SW., Washington,
read as follows: [FR Doc. 05–2588 Filed 2–9–05; 8:45 am] DC, between 9 a.m. and 5 p.m., Monday
Agusta S.p.A.: Docket No. FAA–2005–20291; BILLING CODE 4910–13–P through Friday, except Federal holidays.
Directorate Identifier 2004–SW–25–AD. You may examine the comments to
Applicability: Model A119 helicopters, this proposed AD in the AD docket on
serial numbers 14001 through 14037, except DEPARTMENT OF TRANSPORTATION the Internet at http://dms.dot.gov.
serial number 14036, certificated in any FOR FURTHER INFORMATION CONTACT:
category. Federal Aviation Administration Uday Garadi, Aviation Safety Engineer,
Compliance: Required as indicated, unless
accomplished previously. FAA, Rotorcraft Directorate, Regulations
14 CFR Part 39 and Guidance Group, Fort Worth, Texas
To detect a fracture, a crack, or looseness
of a main transmission support fitting [Docket No. FAA–2005–20293; Directorate 76193–0110, telephone (817) 222–5123,
(fitting) attachment bolt (bolt) and prevent Identifier 2004–SW–34–AD] fax (817) 222–5961.
fatigue failure of a fitting bolt and subsequent SUPPLEMENTARY INFORMATION:
loss of control of the helicopter, accomplish RIN 2120–AA64
the following: Comments Invited
(a) Within 5 hours time-in-service (TIS), Airworthiness Directives; Eurocopter
We invite you to submit any written
and then at intervals not to exceed 10 hour France Model AS355E, F, F1, F2, and
TIS until a torque inspection of each fitting data, views, or arguments regarding this
N Helicopters
bolt is accomplished in accordance with proposed AD. Send your comments to
paragraph (b) of this AD, inspect each fitting AGENCY: Federal Aviation the address listed under the caption
bolt, part number NAS625–14 and NAS625– Administration, DOT. ADDRESSES. Include the docket number
18, for a fracture, a crack, or looseness, using ACTION: Notice of proposed rulemaking ‘‘FAA–2005–20293, Directorate
a light and a mirror. (NPRM). Identifier 2004–SW–34–AD’’ at the
(1) On each of the 4 fittings, if a fracture beginning of your comments. We
or a crack is found in any bolt, replace all SUMMARY: This document proposes specifically invite comments on the
4 bolts in the fitting with airworthy fitting
superseding an existing airworthiness overall regulatory, economic,
bolts before further flight.
(2) If looseness is found in any bolt in any directive (AD) for the specified environmental, and energy aspects of
fitting, inspect each of the 4 bolts on each of Eurocopter France (ECF) model the proposed AD. We will consider all
the 4 fittings (16 bolts total) to determine if helicopters. That AD currently requires comments received by the closing date
the torque is between 11.3–15.8 Nm (100–140 replacing certain main or combiner and may amend the proposed AD in
inch-pounds). If the indicated torque is not gearboxes with airworthy gearboxes. light of those comments.

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7060 Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Proposed Rules

We will post all comments we eliminated as the cause of this unsafe Regulatory Findings
receive, without change, to http:// condition. The results of the
dms.dot.gov, including any personal investigation led ECF to cancel the We have determined that this
information you provide. We will also cleaning procedure described in Alert proposed AD would not have federalism
post a report summarizing each Telex No. 63.00.21 R1, dated December implications under Executive Order
substantive verbal contact with FAA 19, 2003, but to extend the effectivity of 13132. Additionally, this proposed AD
personnel concerning this proposed their instructions to all combiner would not have a substantial direct
rulemaking. Using the search function gearboxes. Also, Alert Telex 63.00.21 R2 effect on the States, on the relationship
of our docket web site, you can find and specifies modifying the combiner between the national Government and
read the comments to any of our the States, or on the distribution of
gearboxes at an approved repair station
dockets, including the name of the power and responsibilities among the
by replacing the freewheel rollers and
individual who sent or signed the various levels of government.
after that recording the modification on
comment. You may review the DOT’s the Equipment Log Card. For the reasons discussed above, I
complete Privacy Act Statement in the certify that the proposed regulation:
Federal Register published on April 11, The Direction Generale De L’Aviation
Civile (DGAC), the airworthiness 1. Is not a ‘‘significant regulatory
2000 (65 FR 19477–78) or you may visit
authority for France, notified the FAA action’’ under Executive Order 12866;
http://dms.dot.gov.
that an unsafe condition may exist on 2. Is not a ‘‘significant rule’’ under the
Examining the Docket the specified model helicopters. The DOT Regulatory Policies and Procedures
You may examine the docket that DGAC advises of a combiner gearbox (44 FR 11034, February 26, 1979); and
contains the proposed AD, any freewheel slippage with resulting engine 3. Will not have a significant
comments, and other information in shutdown due to overspeed, which economic impact, positive or negative,
person at the Docket Management occurred during the single-engine phase on a substantial number of small entities
System (DMS) Docket Office between 9 of an acceptance flight at the Eurocopter under the criteria of the Regulatory
a.m. and 5 p.m., Monday through works. The DGAC classified AT Flexibility Act.
Friday, except Federal holidays. The 63.00.21 R2 as mandatory and issued
Docket Office (telephone 1–800–647– We prepared a draft economic
AD F–2004–021, dated March 3, 2004,
5227) is located at the plaza level of the evaluation of the estimated costs to
to ensure the continued airworthiness of comply with this proposed AD. See the
Department of Transportation NASSIF these helicopters in France.
Building in Room PL–401 at 400 DMS to examine the draft economic
Seventh Street, SW., Washington, DC. These helicopter models are evaluation.
Comments will be available in the AD manufactured in France and are type
certificated for operation in the United Authority for This Rulemaking
docket shortly after the DMS receives
them. States under the provisions of 14 CFR Title 49 of the United States Code
21.29 and the applicable bilateral specifies the FAA’s authority to issue
Discussion agreement. Pursuant to the applicable rules on aviation safety. Subtitle I,
On January 8, 2004, we issued bilateral agreement, the DGAC has kept Section 106, describes the authority of
Emergency AD 2004–01–51 followed by the FAA informed of the situation the FAA Administrator. Subtitle VII,
the publication in the Federal Register described above. We have examined the Aviation Programs, describes in more
of the final rule AD, issued February 20, findings of the DGAC, reviewed all detail the scope of the Agency’s
2004, Amendment 39–13495, Docket available information, and determined authority.
No. 2004–SW–34–AD (69 FR 9201, that AD action is necessary for products
We are issuing this rulemaking under
February 27, 2004) for the specified of these type designs that are
the authority described in Subtitle VII,
model helicopters. The AD requires certificated for operation in the United Part A, Subpart III, Section 44701,
replacing a main or combiner gearbox States. ‘‘General requirements.’’ Under that
received from Eurocopter Marignane, This previously described unsafe section, Congress charges the FAA with
France, works with airworthy gearboxes condition is likely to exist or develop on promoting safe flight of civil aircraft in
received from another source. This was other helicopters of the same type air commerce by prescribing regulations
an interim action pending the results of design. Therefore, the proposed AD for practices, methods, and procedures
an investigation. That action was would supersede AD 2004–01–51 to the Administrator finds necessary for
prompted by a report of a main gearbox require, before further flight, replacing safety in air commerce. This regulation
free-wheel unit slipping, resulting in an each combiner gearbox pre-MOD is within the scope of that authority
engine overspeed and shut down, which
077212 that has logged 10 hours or less because it addresses an unsafe condition
occurred during the single-engine phase
TIS with a combiner gearbox modified that is likely to exist or develop on
of an acceptance flight. This condition,
by replacing the free-wheel rollers. products identified in this rulemaking
if not corrected, could result in an
We estimate that this proposed AD action.
engine overspeed, an engine shut down,
and subsequent loss of control of the would affect 104 helicopters of U.S. List of Subjects in 14 CFR Part 39
helicopter. registry, and the proposed actions
Since issuing those ADs, the FAA has would take about 1⁄2 work hour to Air transportation, Aircraft, Aviation
reviewed ECF Alert Telex No. 63.00.21 determine applicability and 12 work safety, Safety.
R2, dated February 4, 2004 (AT 63.00.21 hours to replace a gearbox at an average The Proposed Amendment
R2). The Alert Telex describes the labor rate of $65 per work hour.
conclusion of the investigation that the Required parts would cost about Accordingly, pursuant to the
freewheel slippage is due to the surface $97,000 per helicopter. Based on these authority delegated to me by the
treatment applied to freewheel rollers, figures, we estimate the total cost Administrator, the Federal Aviation
pre-MOD 077212. The freewheel rollers impact of the proposed AD on U.S. Administration proposes to amend part
are located in the combiner gearbox; operators to be $981,180 assuming 10 39 of the Federal Aviation Regulations
therefore, the main gearbox has been gearboxes are replaced. (14 CFR part 39) as follows:

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Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Proposed Rules 7061

PART 39—AIRWORTHINESS DEPARTMENT OF TRANSPORTATION FAA, Rotorcraft Directorate, Regulations


DIRECTIVES and Guidance Group, Fort Worth, Texas
Federal Aviation Administration 76193–0111, telephone (817) 222–5122,
1. The authority citation for part 39 fax (817) 222–5961.
continues to read as follows: 14 CFR Part 39 SUPPLEMENTARY INFORMATION:
Authority: 49 U.S.C. 106(g), 40113, 44701. [Docket No. FAA–2005–20292; Directorate
Identifier 2004–SW–26–AD]
Comments Invited
§ 39.13 [Amended]
RIN 2120–AA64 We invite you to submit any written
data, views, or arguments regarding this
2. Section 39.13 is amended by
Airworthiness Directives; Agusta proposed AD. Send or deliver your
removing Amendment 39–13495 (69 FR
S.p.A. Model A109E Helicopters comments to the address listed under
9201, February 27, 2004), and by adding
the caption ADDRESSES. Include the
a new airworthiness directive (AD), to AGENCY: Federal Aviation docket number ‘‘FAA–2005–20292,
read as follows: Administration, DOT. Directorate Identifier 2004–SW–26–AD’’
Eurocopter France: Docket No. FAA–2005– ACTION: Notice of proposed rulemaking at the beginning of your comments. We
20293; Directorate Identifier 2004–SW– (NPRM). specifically invite comments on the
34–AD. Supersedes AD 2004–01–51,
SUMMARY: This document proposes
overall regulatory, economic,
Amendment 39–13495, Docket No.
adopting a new airworthiness directive environmental, and energy aspects of
2003–SW–56–AD. the proposed AD. We will consider all
(AD) for Agusta S.p.A. (Agusta) Model
Applicability: Model AS355E, F, F1, F2, A109E helicopters. This proposal would comments received by the closing date
and N helicopters with a pre-MOD 077212 require visually inspecting each main and may amend the proposed AD in
combiner gearbox that has 10 or less hours transmission support fitting (fitting) light of those comments.
time-in-service installed, certificated in any attachment bolt (bolt) for a fracture, a We will post all comments we
category. crack, or looseness, and verifying the receive, without change, to http://
Compliance: Before further flight, unless torque on each fitting bolt. This dms.dot.gov, including any personal
accomplished previously. proposal is prompted by two incidents information you provide. We will also
To prevent an engine overspeed, an engine of fatigue failure of the bolts that secure post a report summarizing each
shutdown, and subsequent loss of control of the transmission rear support fittings to substantive verbal contact with FAA
the helicopter, accomplish the following: the helicopter. The actions specified by personnel concerning this proposed
(a) Before further flight, replace each pre- this proposed AD are intended to detect rulemaking. Using the search function
MOD 077212 combiner gearbox with a a fracture, a crack, or looseness of a of our docket Web site, you can find and
combiner gearbox modified by replacing the read the comments to any of our
fitting bolt, and prevent fatigue failure
freewheel rollers in accordance with MOD dockets, including the name of the
of a fitting bolt and subsequent loss of
077212. individual who sent or signed the
control of the helicopter.
Note 1: Eurocopter France Alert Telex No. DATES: Comments must be received on comment. You may review the DOT’s
63.00.21 R2, dated February 4, 2004, pertains or before April 11, 2005. complete Privacy Act Statement in the
to the subject AD. Federal Register published on April 11,
ADDRESSES: Use one of the following
(b) Performing paragraph (a) of this AD is addresses to submit comments on this 2000 (65 FR 19477–78) or you may visit
terminating action for the requirements of proposed AD: http://dms.dot.gov.
this AD. • DOT Docket Web site: Go to Examining the Docket
(c) To request a different method of http://dms.dot.gov and follow the
compliance or a different compliance time instructions for sending your comments You may examine the docket that
for this AD, follow the procedures in 14 CFR electronically; contains the proposed AD, any
39.19. Contact the Safety Management Group, • Government-wide rulemaking Web comments, and other information in
FAA, for information about previously site: Go to http://www.regulations.gov person at the Docket Management
approved alternative methods of compliance. and follow the instructions for sending System (DMS) Docket Office between 9
(d) Special flight permits will not be your comments electronically; a.m. and 5 p.m., Monday through
issued. • Mail: Docket Management Facility; Friday, except Federal holidays. The
Note 2: The subject of this AD is addressed U.S. Department of Transportation, 400 Docket Office (telephone 1–800–647–
in Direction Generale de L’Aviation Civile, Seventh Street, SW., Nassif Building, 5227) is located at the plaza level of the
France, AD No. F–2004–021, dated March 3, Room PL–401, Washington, DC 20590; Department of Transportation NASSIF
2004. • Fax: 202–493–2251; or Building in Room PL–401 at 400
• Hand Delivery: Room PL–401 on Seventh Street, SW., Washington, DC.
Issued in Fort Worth, Texas, on January 24, the plaza level of the Nassif Building, Comments will be available in the AD
2005. 400 Seventh Street, SW., Washington, docket shortly after the DMS receives
Mark R. Schilling, DC, between 9 a.m. and 5 p.m., Monday them.
Acting Manager, Rotorcraft Directorate, through Friday, except Federal holidays.
Aircraft Certification Service. You may get the service information Discussion
[FR Doc. 05–2590 Filed 2–9–05; 8:45 am] identified in this proposed AD from The Ente Nazionale per l’Aviazione
BILLING CODE 4910–13–P Agusta, 21017 Cascina Costa di Civile (ENAC), the airworthiness
Samarate (VA) Italy, Via Giovanni authority for Italy, notified the FAA that
Agusta 520, telephone 39 (0331) 229111, an unsafe condition may exist on Agusta
fax 39 (0331) 229605–222595. Model A109E helicopters. ENAC
You may examine the comments to advises of the need to check the bolts
this proposed AD in the AD docket on that secure the fittings to the structure
the Internet at http://dms.dot.gov. by following the manufacturer’s
FOR FURTHER INFORMATION CONTACT: Bollettino Tecnico No. 109EP–43, dated
Sharon Miles, Aviation Safety Engineer, March 3, 2004.

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