[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Proposed Rules]
[Pages 28133-28134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12775]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Proposed 
Rules

[[Page 28133]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-SW-47-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS350B, B1, B2, 
B3, BA, D, D1 and AS355E, F, F1, F2, and N Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD) that applies to Eurocopter France (ECF) 
Model AS350B, B1, B2, B3, BA, D, and AS355E, F, F1, F2, and N 
helicopters. That AD currently requires inspecting certain versions of 
the tail rotor pitch change spider assembly (spider assembly) for the 
proper rotational torque, axial play, and any brinelling of the 
bearing. This action would require identifying the spider assembly with 
index marks to detect bearing spacer rotation, visually checking to 
ensure that the index marks are aligned before the first flight of each 
day, and subsequently modifying the bearing spider assembly. This 
action would also add the ECF Model AS350D1 helicopters to the 
applicability. This proposal is prompted by operator reports that the 
spider assembly bearing spacers are rotating. The actions specified by 
the proposed AD are intended to detect rotation of the spider assembly 
bearing spacers, prevent seizure of the bearing, loss of tail rotor 
control, and subsequent loss of control of the helicopter.

DATES: Comments must be received on or before July 23, 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-47-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: <a href="/cdn-cgi/l/email-protection#e3dace829094ce8287808c8e8e868d9790a3858282cd848c95"><span class="__cf_email__" data-cfemail="9ea7b3ffede9b3fffafdf1f3f3fbf0eaeddef8ffffb0f9f1e8">[email protected]</span></a>. 
Comments may be inspected at the Office of the Federal Register 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, Fort 
Worth, Texas.

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 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-47-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-47-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137.

Discussion

    On November 19, 1999, the FAA issued AD 99-24-18, Amendment 39-
11443 (64 FR 66762, November 30, 1999), to require inspecting certain 
versions of the tail rotor pitch change spider assembly (spider 
assembly) for the proper rotational torque, axial play, and any 
brinelling of the bearing. That action was prompted by reports of 
deterioration of the spider assembly bearing. The requirements of that 
AD are intended to detect rotation of the spider assembly bearing 
spacers, prevent seizure of the bearing, loss of tail rotor control, 
and subsequent loss of control of the helicopter.
    Since the issuance of that AD, there have been reports that the 
spider assembly spacers are rotating. Eurocopter issued Service 
Bulletin (SB) No. 05.00.33 for the AS 350 series and 05.00.33 for the 
AS 355 series helicopters. Both these SB's are dated May 15, 2000 and 
specify monitoring the spacer and the bearing inner race of the spider 
assembly for rotation and increasing the tightening torque load of the 
bearing-to-spacer assembly. The Direction Generale De L'Aviation Civile 
(DGAC), which is the airworthiness authority for France, classified 
these service bulletins as mandatory and issued telegraphic AD No.'s 
T2000-222-079(A) and T2000-223-059(A), both dated June 2, 2000, to 
assure the continued airworthiness of these helicopters in France.
    These helicopter models are manufactured in France and are type 
certificated for operation in the United States under the provisions 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 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

[[Page 28134]]

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 ECF Model AS350B, B1, B2, B3, BA, D, D1, and 
AS355E, F, F1, F2, and N helicopters of the same type designs, the 
proposed AD would supersede AD 99-24-18. The proposed AD would require 
the following:
    <bullet> Within 10 hours time-in-service (TIS), installing index 
marks on the spider assembly to detect any bearing spacer rotation;
    <bullet> Before the first flight of each day, visually checking to 
ensure that the index marks are aligned; and
    <bullet> Within 25 hours TIS if bearing spacer rotation is detected 
or at the next 500 hours inspection if no bearing spacer rotation is 
detected, modifying the spider assembly. Modifying the spider assembly 
in accordance with MOD 076554 would constitute terminating action for 
the requirements of the proposed AD. The visual check proposed may be 
performed by an owner/operator (pilot) but would need to be entered 
into the aircraft records showing compliance with paragraph (b) of the 
AD in accordance with 14 CFR 43.11 and 91.417(a)(2)(v). The AD would 
allow a pilot to perform this check because it involves only a visual 
check of the index marks on the spider assembly and can be performed 
equally well by a pilot or a mechanic.
    The FAA estimates that this proposed AD would affect 514 
helicopters of U.S. registry. It would take approximately 0.25 work 
hour per helicopter to identify each spider assembly with index marks 
and 6 work hours to modify the spider assembly. The average labor rate 
is $60 per work hour. Required parts would cost approximately $200 per 
helicopter. Based on these figures, the total cost impact of the 
proposed AD on U.S. operators is estimated to be $295,550, assuming 
that the index marks are placed installed on all helicopters and that 
the spider assembly is modified on all the helicopters.
    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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing Amendment 39-11442 (64 FR 
66762, November 30, 1999), and by adding a new airworthiness directive 
(AD), to read as follows:

Eurocopter France: Docket No. 2000-SW-47-AD. Supersedes AD 99-24-18, 
Amendment 39-11443, Docket No. 99-SW-41-AD.

    Applicability: AS350B, B1, B2, B3, BA, D, D1 and AS355E, F, F1, 
F2, and N helicopters, with tail rotor pitch change spider assembly 
(spider assembly), part number (P/N) 350A33-2004-00, -01, -02, -03, 
-05, or 350A33-2009-00 or -01, installed, and which do not 
incorporate MOD 076554, 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 detect rotation of the spider assembly bearing spacers, 
prevent seizure of the bearing, loss of tail rotor control, and 
subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Within 10 hours time-in-service (TIS), install identifying 
index marks on the spider assembly in accordance with (IAW) the 
Accomplishment Instructions, paragraph 2.B.1, of Eurocopter France 
Service Bulletin (SB) No. 05.00.33 for Model AS 350 series 
helicopters or 05.00.33 for Model AS 355 series helicopters. Both 
SB's are dated May 15, 2000.
    (b) Before the first flight of each day, visually check that the 
index marks on the rotating plate and on the spacer are aligned. The 
visual check required by the AD may be performed by an owner/
operator (pilot) but must be entered into the aircraft records 
showing compliance with paragraph (b) of the this AD in accordance 
with 14 CFR 43.11 and 91.417(a)(2)(v).

    Note 2: This AD allows a pilot to perform this check because it 
involves only a visual check of the index marks on the bearing 
spider assembly and can be performed equally well by a pilot or a 
mechanic.

    (c) At the following intervals, modify the spider assembly:
    (1) If bearing spacer rotation is detected, within 25 hours TIS, 
IAW paragraph 2.B.4 of the applicable SB.
    (2) If no bearing spacer rotation is detected, at the next 500-
hour (``T'') inspection, IAW paragraph 2.B.3 of the applicable SB.
    (d) Modifying the bearing assembly with MOD 076554 constitutes 
terminating action for the requirements 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 
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 4: The subject of this proposal is addressed in Direction 
Generale de L'Aviation Civile (France) AD No.'s T2000-222-079(A) and 
T2000-223-059(A), both dated June 2, 2000.


    Issued in Fort Worth, Texas, on May 14, 2001.
Larry M. Kelly,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 01-12775 Filed 5-21-01; 8:45 am]
BILLING CODE 4910-13-P


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