25182 Federal Register / Vol. 63, No. 88/Thursday, May 7, 1998 / Proposed Rules

braids, part number (P/N) 332A031.1276.00,

that have not been modified in accordance

with AMS 332A07–66–003 or AMS 33207–

66–072, installed, certificated in any

category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

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 use the authority

provided in paragraph (b) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required within the next 60

calendar days, unless accomplished

previously.

To prevent failure of a tail rotor electrical

bonding braid (bonding braid) due to fatigue,

resulting impact with the tail rotor blades,

and subsequent loss of control of the

helicopter, accomplish the following:

(a) Remove the bonding braids, P/N

332A31.1276.00, and replace them with

airworthy bonding braids, P/N

332A31.1276.01 in accordance with

paragraphs B and C of the Operating

Procedure of Eurocopter France Service

Bulletin SA 330 No. 65.73 R3, dated June 22,

1995.

(b) 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, Rotorcraft

Standards Staff, 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, Rotorcraft Standards Staff.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Standards Staff.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

Note 3: The subject of this AD is addressed

in Direction Generale L’Aviation Civile

(France) AD 95–153–072(B), dated July 19,

1995.

Issued in Fort Worth, Texas, on April 29,

1998.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 98–12113 Filed 5–6–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–SW–36–AD]

Airworthiness Directives; Eurocopter

France Model AS 332C, L, and L1

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

Eurocopter France Model AS 332C, L,

and L1 helicopters. This proposal would

require replacing main rotor blades with

modified main rotor blades. This

proposal is prompted by reports of an

investigation that found broken braids

on main rotor blade de-icers. The

actions specified by the proposed AD

are intended to prevent loss of the deicing capabilities of the main rotor

blades, adverse performance during

flight in icing conditions, and

subsequent loss of control of the

helicopter.

DATES: Comments must be received by

July 6, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 97–SW–36–

Ad, 2601 Meacham Blvd., Room 663,

Forth Worth, Texas 76137. Comments

may be inspected at this location

between 9:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal

holidays.

The service information referenced in

the proposed rule may be obtained from

American Eurocopter Corporation, 2701

Forum Drive, Grand Prairie, Texas

75053–4005, telephone (972) 641–3460,

fax (972) 641–3527. This information

may be examined at the FAA, Office of

the Regional Counsel, Southwest

Region, 2601 Meacham Blvd., Room

663, Forth Worth, Texas.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert McCallister, Aerospace Engineer,

FAA, Rotorcraft Directorate, Rotorcraft

Standards Staff, 2601 Meacham Blvd.,

Forth Worth, Texas 76137, telephone

(817) 222–5121, fax (812) 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 notice 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 comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–SW–36–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. 97–SW–36–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137.

Discussion

The Direction Generale de L’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

recently notified the FAA that an unsafe

condition may exist on Eurocopter

France AS 332C, L, and L1 helicopters.

The DGAC advises that replacing the deicers on these helicopters is necessary to

prevent loss of the de-icing function due

to damaged electric return braids.

Eurocopter France has issued Telex

Service Number (No.) 10002, dated

January 17, 1994, which specifies

modification of the main rotor blade

within specified time intervals. The

DGAC classified the Technical Directive

No. 230 referenced in the telex as

mandatory and issued AD 95–029–

054(B) in order to assure the continued

airworthiness of these helicopters in

France.

This helicopter model is

manufactured in France and is type

certificated for operation in the United

States under the provisions of section
Federal Register / Vol. 63, No. 88/Thursday, May 7, 1998 / Proposed Rules 25183

21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the DGAC has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the DGAC,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Since an unsafe condition has been

identified that is likely to exist or

develop on other Eurocopter France AS

332C,L, and L1 helicopters of the same

type design registered in the United

States, the proposed AD would require

replacing main rotor blades with

modified main rotor blades. The actions

would be required to be accomplished

in accordance with the service bulletin

described previously.

The FAA estimates that 3 helicopters

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 20 work hours per

helicopter to accomplished the

proposed actions, and that the average

labor rate is $60 per work hour.

Required parts will be provided at no

cost by the manufacturer. Based on

these figures the total cost impact of the

proposed AD on U.S. operators is

estimated to be $1200 per helicopter.

The regulations proposed herein

would not have substantial direct effects

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,

in accordance with Executive Order

12612, it is determined that this

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

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 Rule 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

adding a new airworthiness directive to

read as follows:

Eurocopter France: Docket No. 97–SW–36–

AD.

Applicability: Model AS 332C, L, and L1

helicopters, with main rotor blades, part

number (P/N) 332A11–030–03 or 332A11–

030–04, installed, certificated in any

category.

Note 1: This AD applies to each helicopter

identified in the preceding applicable

provision, regardless of whether it has been

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 use the authority

provided in paragraph (c) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent loss of the de-icing capabilities

of the main rotor blades, adverse

performance during flight in icing

conditions, and subsequent loss of control of

the helicopter, accomplish the following:

(a) From available helicopter records,

within the next 10 calendar days, determine

the time-in-service (TIS) on each main rotor

blade.

(b) Replace each main rotor blade with a

main rotor blade that has been modified and

reidentified in accordance with Eurocopter

Technical Instruction Number (No.) 230b

(referenced in Telex Service No. 10002, dated

January 17, 1994) in accordance with the

following schedule:

(1) If the TIS is equal to or greater than

2,000 hours, replace within the next 50 hours

TIS.

(2) If the TIS is equal to or greater than

1,850 hours and less than 2,000 hours,

replace on or before attaining 2,050 hours

TIS.

(3) If the TIS is equal to or greater than

1,500 hours and less than 1,850 hours,

replace within the next 200 hours TIS.

(4) If the TIS is equal to or greater than

1,400 hours and less than 1,500 hours,

replace on or before attaining 1,700 hours

TIS.

(5) If the TIS is greater than 700 hours and

less than 1,400 hours, replace within the next

300 hours TIS.

(6) If the TIS is equal to or less than 700

hours, replace within the next 1,000 hours

TIS.

(c) 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, Rotorcraft

Standards Staff, FAA, Rotorcraft Directorate.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Rotorcraft Standards Staff.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Standards Staff.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

Note 3: The subject of this AD is addressed

in DGAC (France) AD 95–029–054(B), dated

February 1, 1995.

Issued in Fort Worth, Texas, on April 29,

1998.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 98–12112 Filed 5–6–98; 8:45 am]

BILLING CODE 4910–13–M

FEDERAL MINE SAFETY AND HEALTH

REVIEW COMMISSION

29 CFR Part 2700

Rules of Procedure

AGENCY: Federal Mine Safety and Health

Review Commission.

ACTION: Proposed rule.

SUMMARY: The Federal Mine Safety and

Health Review Commission (the

‘‘Commission’’) is an independent

adjudicatory agency that provides trial

and appellate review of cases arising

under the Federal Mine Safety and

Health Act of 1977, 30 U.S.C. 801 et seq.

(1994) (the ‘‘Mine Act’’). The

Commission’s rules of procedure govern

practice and procedure in Commission

proceedings at both trial and review

levels. The Commission is proposing to

revise several of its present rules of

procedure.

The Commission’s present rules of

procedure were adopted in June 1979