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[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Proposed Rules]
[Pages 70382-70384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28435]

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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]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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 
chinh.vuong@faa.gov.

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 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.

(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
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