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.

Proposed Rules Federal Register

28133

Vol. 66, No. 99

Tuesday, May 22, 2001

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).

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: 9-asw-adcomments@faa.gov.

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

28134 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Proposed Rules

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:

• Within 10 hours time-in-service

(TIS), installing index marks on the

spider assembly to detect any bearing

spacer rotation;

• Before the first flight of each day,

visually checking to ensure that the

index marks are aligned; and

• 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.

§ 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]

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