Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 76953

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Atlanta ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

Special Flight Permits

(f) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

Note 4: A portion of the subject of this AD

is addressed in Brazilian airworthiness

directive No. 98–05–02, dated May 28, 2000.

Issued in Renton, Washington, on

December 4, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–31318 Filed 12–7–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–17–AD]

Airworthiness Directives; Eurocopter

France Model AS350B, AS350B1,

AS350B2, AS350B3, AS350BA,

AS350C, AS350D, AS350D1, AS355E,

AS355F, AS355F1, AS355F2, and

AS355N Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD) for Societe Nationale

Industrielle Aerospatiale (currently

Eurocopter France) Model AS350 and

AS355 series helicopters. That AD

requires inspecting the fuselage frame

(frame) for a crack at the fuselage-totailboom interface and replacing or

repairing, as necessary. That AD also

requires a fastener torque check and

retorquing, as necessary. This action

would retain the requirements of the

existing AD but would increase the

inspection interval from 1,200 hours

time-in-service (TIS) to 2,500 hours or 6

years TIS, whichever occurs first. This

proposal would revise the time interval

for inspecting the frame at the fuselageto-tailboom interface to coincide with

the inspection interval specified in the

maintenance manual. The actions

specified by the proposed AD are

intended to eliminate confusion and

unnecessary costs and to prevent a

cracked frame, tailboom failure, and

subsequent loss of control of the

helicopter.

DATES: Comments must be received on

or before February 6, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 2000–SW–

17–AD, 2601 Meacham Blvd., Room

663, Fort Worth, Texas 76137. You may

also send comments electronically to

the Rules Docket at the following

address: 9-asw-adcomments@faa.gov.

Comments may be inspected at the

Office of the Federal Register between 9

a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jim

Grigg, Aviation Safety Engineer, FAA,

Rotorcraft Directorate, Regulations

Group, Fort Worth, Texas 76193–0111,

telephone (817) 222–5490, fax (817)

222–5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this document

may be changed in light of the

comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their mailed

comments submitted in response to this

proposal must submit a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Docket No. 2000–SW–

17–AD.’’ The postcard will be date

stamped and returned to the

commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Office of the Regional Counsel,

Southwest Region, Attention: Rules

Docket No. 2000–SW–17–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137.

Discussion

On June 28, 1985, the FAA issued AD

85–14–06, Amendment 39–5089 (50 FR

28561, July 15, 1985) to require

repetitive inspections and to repair or

replace the fuselage frame at the

fuselage tailboom interface. On August

8, 1985, the FAA issued AD 85–14–06

R1, Amendment 39–5121 (50 FR 37173,

September 12, 1985), to require

repetitive visual inspections and to

repair or replace the frame, as necessary.

That AD also requires fastener torque

checks and re-torquing, as necessary.

That action was prompted by reports of

cracked frames at the fuselage-totailboom interface. The requirements of

that AD are intended to prevent a

cracked frame, tailboom failure, and

subsequent loss of control of the

helicopter.

Since the issuance of that AD, we

have been notified that the inspection

interval of the frame at the fuselage-totailboom interface in the current AD

does not coincide with the maintenance

manual. The FAA has determined that

this may create confusion among

operators as to when the inspections are

required.

We have identified an unsafe

condition that is likely to exist or

develop on other Eurocopter France

Model AS350 and AS355 helicopters of

these same type designs. The proposed

AD would supersede AD 85–14–06 R1

and would require the same actions as

the existing AD except to increase the

inspection interval from 1,200 hours TIS

to 2,500 hours or 6 years TIS, whichever

occurs first, to coincide with the

maintenance manual to eliminate

confusion and unnecessary costs. To

compensate for the increase in the

inspection interval, we propose that the

initial inspection interval be reduced

from 100 hours TIS to 30 hours TIS and

that the visual inspection be changed to

a dye-penetrant inspection.

The FAA estimates that 475

helicopters of U.S. registry would be

affected by this proposed AD, that it

would take approximately 8 work hours

per helicopter to accomplish the

proposed actions, and that the average

labor rate is $60 per work hour. Based

on these figures, the total cost impact of

the proposed AD on U.S. operators is

76954 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

estimated to be $228,000 assuming no

cracked frames are discovered.

The regulations proposed herein

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. Therefore,

it is determined that this proposal

would not have federalism implications

under Executive Order 13132.

For the reasons discussed above, I

certify that 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); and (3) if

promulgated, 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. A copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing Amendment 39–5089 (50 FR

28561, July 15, 1985) and Amendment

39–5121 (50 FR 37173, September 12,

1985), and by adding a new

airworthiness directive (AD), to read as

follows:

Eurocopter France: Docket No. 2000-SW–17-

AD. Supersedes AD 85–14–06,

Amendment 39–5089, and 85–14–06 R1,

Amendment 39–5121, Docket No. 85-

ASW–15.

Applicability: Model AS350B, AS350B1,

AS350B2, AS350B3, AS350BA, AS350C,

AS350D, AS350D1, AS355E, AS355F,

AS355F1, AS355F2, and AS355N

helicopters, certificated in any category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For helicopters that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (e) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To eliminate confusion and unnecessary

costs and to prevent a cracked fuselage frame

(frame), tailboom failure, and subsequent loss

of control of the helicopter, accomplish the

following:

(a) Inspect the fuselage-to-tailboom

attachment bolts in accordance with

paragraph (d) within 30 hours time-in-service

(TIS).

(b) Inspect the fuselage-to-tailboom

attachment bolts in accordance with

paragraph (d) within 30 hours TIS of

replacing or reinstalling a tailboom.

(c) Repeat the inspection in accordance

with paragraph (d) at intervals not to exceed

2500 hours or 6 years TIS, whichever occurs

first.

(d) Inspect the fuselage-to-tailboom

attachment bolts for proper torque range and

the frame, part number 350A21–1247–00, for

a crack at the fuselage-to-tailboom interface.

(1) Procedure for inspecting proper torque

range:

(i) Using a fine-point felt tip pen, mark the

position of the nut relative to the assembly.

(ii) One at a time, slightly loosen each nut.

Do not allow the corresponding bolt to rotate

relative to the assembly.

(iii) Tighten the nut with a properly

calibrated torque wrench until the mark on

the nut lines up with the mark on the

assembly.

(iv) Record the torque value required to

line up the two marks.

(2) Interpretation of the recorded torque

values for each nut:

(i) If the torque value is less than 0.3 mdaN

(26 in-lbs) on any nut:

(A) Remove the tailboom.

(B) Perform a dye-penetrant inspection for

a crack in the bending radius of the frame.

(C) If a crack is found, repair or replace the

frame with an airworthy frame before further

flight.

(ii) If the torque value is between 0.3 mdaN

and 1 mdaN (26 to 88 in-lbs), re-torque to

0.75 mdaN to 0.9 mdaN (67 to 79 in-lbs).

(iii) If the torque value is equal to or greater

than 1 mdaN (88 in-lbs), remove the nut and

bolt and replace them with a new nut and

bolt. Torque the nut to 0.75 mdaN to 0.9

mdaN (67–79 in-lbs).

Note 2: Aerospatiale Service Bulletins AS

355 No. 05.14 and AS 350 No. 05.16 pertain

to the subject of this AD.

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Regulations

Group, Rotorcraft Directorate, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Regulations Group.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(f) Special flight permits may be issued in

accordance with 14 CFR 21.197 and 21.199

to operate the helicopter to a location where

the requirements of this AD can be

accomplished.

Issued in Fort Worth, Texas, on November

30, 2000.

Larry M. Kelly,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 00–31319 Filed 12–7–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 938

[PA–122–FOR]

Pennsylvania Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening of

public comment period.

SUMMARY: OSM is reopening the public

comment period on Pennsylvania’s

responses to comments we made in

regard to a proposed amendment to the

Pennsylvania permanent regulatory

program under the Surface Mining

Control and Reclamation Act of 1997

(SMCRA). The amendment, submitted

on July 29, 1998, (Administrative

Record No. PA–841.07), proposed

changes to the Pennsylvania program

with regard to the mine subsidence

control, subsidence damage repair or

replacement, and water supply

replacement provisions of SMCRA. The

amendment submission included

changes to the Bituminous Mine

Subsidence and Land Conservation Act

(BMSLCA) made through Act 54 and

changes to regulations at 25 PA Code

Chapter 89. After reviewing the

amendment, we sent two letters to

Pennsylvania requesting clarification of

numerous issues. The letters were sent

on June 21, 1999, (Administrative

record number PA 841.32) and June 23,

2000, (Administrative record number

PA 841.40). Pennsylvania responded to

the first letter on June 1, 2000,

(Administrative record number PA