34790 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /Rules and Regulations

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from 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.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends 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:

AD 98–13–39 Eurocopter France:

Amendment 39–10630. Docket No. 97–

SW–39–AD.

Applicability: AS 332C, L, and L1

helicopters, with tail rotor shaft flapping

hinge retainer, part number 330A33.3165.00,

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 (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 detect cracks on a tail rotor shaft

flapping hinge retainer (retainer) that could

lead to high tail rotor vibrations, loss of tail

rotor control, and subsequent loss of control

of the helicopter, accomplish the following:

(a) Prior to further flight, and thereafter

before the first flight of each day, perform a

dye penetrant inspection of each retainer for

cracks.

(b) If a crack is found on any retainer,

replace it with an airworthy retainer.

Note 2: Eurocopter Service Bulletin No.

05.00.41, dated January 29, 1996, pertains to

the subject of this AD.

(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, 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 3: 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.

(e) This amendment becomes effective on

July 31, 1998.

Note 4: The subject of this AD is addressed

in Direction Generale De L’Aviation Civile

(France) AD 96–074–057(B), dated March 27,

1996.

Issued in Fort Worth, Texas, on June 18,

1998.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 98–17041 Filed 6–25–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–SW–11–AD; Amendment

39–10633; AD 98–06–04]

RIN 2120–AA64

Airworthiness Directives; Eurocopter

France Model AS332C, L, and L1 and

Model SA330F, G, and J Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

98–06–04 which was sent previously to

all known U.S. owners and operators of

Eurocopter France Model AS332C, L,

and L1 and Model SA330F, G, and J

helicopters by individual letters. This

AD requires performing a procedure to

determine the angular play of the tail

rotor gearbox, and repeating the

procedure at certain intervals. This

amendment is prompted by an accident

involving a Model SA330 helicopter

which resulted from the loss of the tail

rotor drive. An investigation determined

that the loss of the tail rotor drive was

caused by excessive play between the

tail rotor gearbox bevel gear and the

bevel wheel. This condition, if not

corrected, could result in failure of the

tail rotor gearbox, loss of tail rotor drive,

and subsequent loss of control of the

helicopter.

DATES: Effective July 13, 1998, to all

persons except those persons to whom

it was made immediately effective by

priority letter AD 98–06–04, issued on

March 4, 1998, which contained the

requirements of this amendment.

Comments for inclusion in the Rules

Docket must be received on or before

August 25, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 98–SW–11–

AD, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Mr.

Scott Horn, Aerospace Engineer, FAA,

Rotorcraft Directorate, Rotorcraft

Standards Staff, 2601 Meacham Blvd.,

Fort Worth, Texas 76137, telephone

(817) 222–5125, fax (817) 222–5961.

SUPPLEMENTARY INFORMATION: On March

4, 1998, the FAA issued priority letter

AD 98–06–04, applicable to Eurocopter

France Model AS332C, L, and L1 and

Model SA330F, G, and J helicopters,

which requires performing a procedure

to determine the play of the tail rotor

gearbox within 25 hours time-in-service

(TIS), and repeating the procedure at

intervals of 100 hours TIS or 520 hours

TIS depending on the amount of play

that is detected. That action was

prompted by an accident involving a

Model SA330 helicopter that occurred

on October 21, 1997, which resulted

from the loss of the tail rotor drive. An

investigation determined that the loss of

tail rotor drive was caused by excessive

play between the tail rotor gearbox bevel

gear and the bevel wheel. This

condition, if not corrected, could result

in failure of the tail rotor gearbox, loss
Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /Rules and Regulations 34791

of tail rotor drive and subsequent loss of

control of the helicopter.

Since the unsafe condition described

is likely to exist or develop on other

Eurocopter France Model AS332C, L,

and L1 and Model SA330F, G, and J

helicopters of the same type design, the

FAA issued priority letter AD 98–06–04

to prevent failure of the tail rotor

gearbox, loss of tail rotor drive and

subsequent loss of control of the

helicopter. The AD requires, within 25

hours TIS after the effective date of this

AD, and thereafter at specified intervals,

performing a procedure to determine the

angular play of the tail rotor gearbox

and replacing the tail rotor gearbox with

an airworthy gearbox if the specified

angular play limit is exceeded. The

short compliance time involved is

required because the previously

described critical unsafe condition can

adversely affect the controllability of the

helicopter. Therefore, inspections of the

tail rotor gearbox for excessive play is

required within 25 hours TIS or upon or

before attaining 520 hours TIS and this

AD must be issued immediately.

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

letters issued on March 4, 1998 to all

known U.S. owners and operators of

Eurocopter France Model AS332C, L,

and L1 and Model SA330F, G, and J

helicopters. These conditions still exist,

and the AD is hereby published in the

Federal Register as an amendment to

section 39.13 of the Federal Aviation

Regulations (14 CFR 39.13) to make it

effective to all persons. However, the

FAA has made several nonsubstantive

editorial changes since the issuance of

Priority Letter AD 98–06–04; the word

‘‘excess’’ was changed to ‘‘excessive,’’

the incorrect placement of the number

‘‘12’’ in Figure 1 has been corrected, and

a new paragraph was added to clarify

that brackets and mounts installed

during the required inspection are to be

removed between inspections. The FAA

has determined that these changes will

neither increase the economic burden

on an operator nor increase the scope of

the AD.

The FAA estimates that 4 helicopters

of U.S. registry will be affected by this

AD, that it will take approximately 3

work hours per helicopter to accomplish

the required actions, and that the

average labor rate is $60 per work hour.

Required parts will cost approximately

$100 per helicopter to create the

necessary tools and $45,000 to replace

the gearbox, if necessary. Based on these

figures, the total cost impact of the AD

on U.S. operators is estimated to be

$45,280 per helicopter.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this 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

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the 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 that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 98–SW–11–AD.’’ The

postcard will be date stamped and

returned to the commenter.

The regulations adopted herein will

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 final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from 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.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends 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:

98–06–04 Eurocopter France: Amendment

39–10633. Docket No. 98–SW–11–AD.

Applicability: Model AS332C, L, and L1

and Model SA330F, G, and J 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

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 (e) 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 25

hours time-in-service (TIS) for tail rotor

gearboxes (TGB) with 495 or more hours TIS

since manufacture or overhaul; or, for TGB

with less than 495 hours TIS since

manufacture or overhaul, required upon or

before attaining 520 hours TIS, unless

accomplished previously.
34792 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /Rules and Regulations

To detect excessive play between the

splines of the TGB bevel gear and the bevel

wheel and to prevent failure of the TGB,

which could result in loss of tail rotor drive

and subsequent loss of control of the

helicopter, accomplish the following:

(a) For TGB that are not equipped with a

tail rotor blade deicing system as shown in

Figure 1, fabricate a steel angle bracket (angle

bracket) (No. 1 of Figure 1) and an aluminum

mount (No. 2 of Figure 1).

(1) Place a tail rotor blade in the horizontal

position with the blade’s tip facing forward.

(2) Immobilize the TGB input flange by

placing a wooden block between the TGB

input flange and the deck.

(3) Secure the angle bracket on the TGB

output casing with a nut (No. 3 of Figure 1)

and a washer (No. 5 of Figure 1).

(4) Secure the mount on the rotor shaft.

(5) Secure the dial indicator gage (No. 4 of

Figure 1) on the angle bracket.

(6) Install the feeler of the dial indicator on

the mount at the index mark which is 120

mm from the rotor shaft center line.

(7) Using a dynamometer, apply a 1 daN

(2.25 lbs.) load in both directions (indicated

by letter ‘‘F’’ in Figure 1), 30 mm from the

blade tip, to measure the total play.

BILLING CODE 4910–13–P
Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /Rules and Regulations 34793
34794 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /Rules and Regulations

(b) For TGB that are equipped with a tail

rotor blade deicing system as shown in

Figure 2, fabricate a steel angle bracket (angle

bracket) (No. 6 of Figure 2) from a 90° formed

steel sheet.

(1) Place a tail rotor blade in the horizontal

position with the blade’s tip facing forward.

(2) Immobilize the TGB input flange by

placing a wooden block between the TGB

input flange and the deck.

(3) Secure the angle bracket on the TGB

output casing with a nut (No. 7 of Figure 2)

and a washer (No. 8 of Figure 2).

(4) Secure the dial indicator gage (No. 9 of

Figure 2) on the angle bracket.

(5) Install the feeler of the dial indicator on

the tail rotor hub, 5 mm from the spindle

attachment bolt (Item A of Figure 2).

(6) Using a dynamometer, apply a 1 daN

(2.25 lbs.) load in both directions (indicated

by letter ‘‘F’’ in Figure 1), 30 mm from the

blade tip, to measure the total play.
Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /Rules and Regulations 34795

BILLING CODE 4910–13–C
34796 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /Rules and Regulations

(c) Record the play measurement on the

equipment log card or equivalent record.

(1) If the play is 0.37 mm or less, comply

with paragraphs (a) or (b) of this AD, as

applicable, at intervals not to exceed 520

hours TIS.

(2) If the play is greater than 0.37 mm and

less than 0.52 mm, comply with paragraphs

(a) or (b) of this AD, as applicable, at

intervals not to exceed 100 hours TIS.

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

0.52 mm, remove the TGB and replace it with

an airworthy TGB.

(d) Brackets and mounts installed to

perform the requirements of this AD, as

applicable, are to be removed prior to flight.

(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, Rotorcraft

Standards Staff, 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.

(f) Special flight permits will not be issued.

(g) This amendment becomes effective on

July 13, 1998, to all persons except those

persons to whom it was made immediately

effective by Priority Letter AD 98–06–04,

issued March 4, 1998, which contained the

requirements of this amendment.

Note 3: The subject of this AD is addressed

in Direction Generale De L’Aviation Civile

(France) AD 97–322–067(AB) and AD 97–

323–079(AB), both dated November 19, 1997.

Issued in Fort Worth, Texas, on June 18,

1998.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 98–17043 Filed 6–25–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–SW–18–AD; Amendment

39–10632; AD 98–09–11]

RIN 2120–AA64

Airworthiness Directives; Eurocopter

Deutschland GmbH Model EC 135

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

98–09–11 which was sent previously to

all known U.S. owners and operators of

Eurocopter Deutschland GmbH

(Eurocopter) Model EC 135 helicopters

by individual letters. This AD requires,

before further flight, a review of aircraft

records to determine if a tail rotor drive

shaft vibration survey and installation of

a Fenestron Shaft Retrofit Kit have been

accomplished; before further flight, and

thereafter at intervals not to exceed 15

hours time-in-service, inspecting the tail

rotor drive shaft bearing (bearing)

attaching lock plates for bent-open tabs,

and broken or missing slippage marks;

and visually inspecting each bearing

support for cracks. This amendment is

prompted by three reports of loose

bearings and attachment bolts, and one

report of a cracked bearing support.

Excessive vibrations in the tail rotor

drive shaft can loosen attachment bolts

or cause cracking in the bearing

supports. This condition, if not

corrected, could result in loss of drive

to the tail rotor and subsequent loss of

control of the helicopter.

DATES: Effective July 13, 1998, to all

persons except those persons to whom

it was made immediately effective by

priority letter AD 98–09–11, issued on

April 17, 1998, which contained the

requirements of this amendment.

Comments for inclusion in the Rules

Docket must be received on or before

August 25, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 98–SW–18–

AD, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Mr.

Scott Horn, Aerospace Engineer, FAA,

Rotorcraft Directorate, Rotorcraft

Standards Staff, 2601 Meacham Blvd.,

Fort Worth, Texas 76137, telephone

(817) 222–5125, fax (817) 222–5961.

SUPPLEMENTARY INFORMATION: On April

17, 1998, the FAA issued priority letter

AD 98–09–11, applicable to Eurocopter

Model EC 135 helicopters, which

requires, before further flight, a review

of aircraft records to determine if a tail

rotor drive shaft vibration survey and

installation of a Fenestron Shaft Retrofit

Kit L 535M3002 882 have been

accomplished. If a tail rotor vibration

survey has not been accomplished or if

a Fenestron Shaft Retrofit Kit has not

been installed, the FAA must be

contacted. Also, before further flight,

and thereafter at intervals not to exceed

15 hours time-in-service, the AD

requires inspecting the bearing attaching

lock plates at each bearing support for

bent-open tabs, and inspecting for

broken or missing slippage marks. If a

bearing attaching lock plate tab is bent

open, or if a slippage mark is broken or

missing, the FAA must be notified.

Finally, the AD requires visually

inspecting each bearing support for

cracks, and if a crack is found, replacing

the bearing support with an airworthy

bearing support. That action was

prompted by three reports of loose

bearings and attachment bolts, and one

report of a cracked bearing support.

Excessive vibrations in the tail rotor

drive shaft can loosen attachment bolts

or cause cracking in the bearing

supports. This condition, if not

corrected, could result in loss of drive

to the tail rotor and subsequent loss of

control of the helicopter.

The Luttfahrt-Bundesamt (LBA),

which is the airworthiness authority for

the Federal Republic of Germany,

recently notified the FAA that an unsafe

condition may exist on Eurocopter

Deutschland GmbH (ECD) Model EC 135

helicopters. The LBA advises that the

loosening of bolt connections at the

bearing supports may lead to a tail rotor

failure and thus to the loss of the

helicopter. The LBA issued AD 1998–

033/5, dated April 6, 1998, applicable to

ECD Model EC 135 helicopters.

The FAA has reviewed Eurocopter EC

135 Alert Service Bulletin No. EC 135–

53A–002, dated December 12, 1997,

which describes procedures for visually

inspecting the bearing supports, and

Eurocopter EC 135 Alert Service

Bulletin No. EC 135–53A–005, Revision

1, dated April 6, 1998, which describes

procedures for measuring vibrations on

the tail rotor drive shaft and

replacement of roller bearing attaching

hardware at bearing locations.

This helicopter model is

manufactured in the Federal Republic of

Germany and is type certificated for

operation in the United States under the

provision of section 21.29 of the Federal

Aviation Regulations (14 CFR 21.29)

and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the LBA has kept the FAA informed of

the situation described above. The FAA

has examined the findings of the LBA,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operations in the United

States.

Since the unsafe condition described

is likely to exist or develop on other

Eurocopter Model EC 135 helicopters of

the same type design, the FAA issued

priority letter AD 98–09–11 to detect

loose bearing attachment bolts, or

cracked bearing supports, which could

result in loss of drive to the tail rotor

and subsequent loss of control of the

helicopter. The AD requires, before