[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Proposed Rules]
[Pages 56140-56143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19148]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-10-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model 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 to revise an existing airworthiness 
directive (AD) for the specified Eurocopter France (ECF) model 
helicopters. That AD currently requires certain checks of the magnetic 
chip detector plug (chip detector) and the main gearbox (MGB) oil-sight 
glass, certain inspections of the lubrication pump (pump), and 
replacing the MGB and the pump with an airworthy MGB and pump, if 
necessary. Also, the AD requires that before an MGB or pump with any 
time-in-service (TIS) can be installed, it must meet the AD 
requirements. This action would retain those requirements but would 
limit the applicability to one part number with certain serial-numbered 
pumps or modified after a certain date. This proposal was prompted by 
an investigation by the manufacturer that revealed a malfunction 
occurred after modifying the pump case on certain pumps after major 
overhaul and repairs.

[[Page 56141]]

The actions specified by this AD are intended to limit the 
applicability to certain pumps, to detect sludge on the chip detector, 
to prevent failure of the MGB pump, seizure of the MGB, loss of drive 
to an engine and main rotor, and subsequent loss of control of the 
helicopter.

DATES: Comments must be received by November 25, 2005.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-10-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#e4ddc9859793c98580878b8989818a9097a4828585ca838b92"><span class="__cf_email__" data-cfemail="8fb6a2eefcf8a2eeebece0e2e2eae1fbfccfe9eeeea1e8e0f9">[email protected]</span></a>. 
Comments may be inspected at the Office of the Regional Counsel between 
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5355, 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 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 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. 2003-SW-10-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    The Direction Generale De L'Aviation Civile (DGAC), the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on the specified ECF model helicopters. The DGAC 
advises that the insufficiently lubricated power transmission assembly 
deteriorates until it causes the loss of the drive train for one or 
even both engines.
    On October 10, 2003, the FAA issued AD 2003-21-09, Docket No. 2003-
SW-10-AD, Amendment 39-13344 (68 FR 60284, October 22, 2003), which 
superseded AD 2002-21-51, Docket No. 2002-SW-48-AD, Amendment 39-12982 
(67 FR 77401, December 18, 2002), to require certain checks of the chip 
detector and the MGB oil-sight glass, certain inspections of the pump, 
and replacing the MGB and the pump with an airworthy MGB and pump, if 
necessary. Also, the AD requires that before a MGB or pump with any TIS 
can be installed, it must meet the AD requirements. That AD corrected 
the wording from AD 2002-21-51 to specify that a check of the chip 
detector should be for sludge rather than metal particles. That 
condition, if not corrected, could result in failure of the MGB pump, 
seizure of the MGB, loss of drive to an engine and main rotor, and 
subsequent loss of control of the helicopter.
    Since issuing that AD, ECF has issued Alert Service Bulletin No. 
05.00.40, dated November 16, 2004 (ASB), which specifies that the 
effectivity is limited to each pump, part number (P/N) 355A32-0700-01, 
with a serial number (S/N) equal to or above 5731 and with a S/N below 
5731, if they have been overhauled or repaired after June 1, 1995. An 
investigation revealed that the malfunction is due to a modification to 
the shape of the pump case. An enlarged opening of the chamber after 
machining generates additional loads on the pump. The modification was 
made to the one part-numbered pump with the previously specified serial 
numbers; therefore, the ASB limits the effectivity to those pumps.
    These helicopter models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the 
applicable bilateral 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 these type designs that are certificated 
for operation in the United States.
    This previously described unsafe condition is likely to exist or 
develop on other helicopters of these same type designs. Therefore, the 
proposed AD would revise AD 2003-SW-10-AD to require the same actions 
as the existing AD but would limit the applicability to the specified 
ECF helicopters with a pump, P/N 355A32-0700-01, with a S/N 5731 or 
higher or with a S/N below 5731 if the pump has been overhauled or 
repaired after June 1, 1995.
    The FAA estimates that this proposed AD would affect 105 
helicopters of U.S. registry assuming they all have MGB pumps with 
applicable S/Ns. The proposed actions would take about:
    <bullet> 10 minutes to check the chip detector and the MGB oil 
sight glass,
    <bullet> 4 work hours to remove the MGB and pump,
    <bullet> 1 work hour to inspect the pump, and
    <bullet> 4 work hours to install a serviceable MGB and pump at an 
average labor rate of $65 per work hour.
    <bullet> Required parts would cost about $4000 for an overhauled 
pump and up to $60,000 for an overhauled MGB per helicopter.

The manufacturer has represented to the FAA that the standard warranty 
applies if failure occurs within the first 2 years and operating time 
is less than 1000 hours. Based on these figures, we estimate the 
revised total cost impact of the proposed AD on U.S. operators to be 
$360,335 per year, assuming replacement of one MGB and pump on one 
helicopter per year and a daily check on all helicopters for 260 days 
per year.

Regulatory Findings

    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

[[Page 56142]]

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.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

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 39-13344 (68 FR 
60284, October 22, 2003), and by adding a new airworthiness directive 
(AD), to read as follows:

Eurocopter France: Docket No. 2003-SW-10-AD. Revises AD 2003-21-09, 
Amendment 39-13344.

    Applicability: Model AS355E, F, F1, F2, and N helicopters, with 
a main gear box (MGB) lubrication pump (pump), part number (P/N) 
355A32-0700-01, with a serial number (S/N) 5731 or higher or with a 
S/N below 5731 if the pump has been overhauled or repaired after 
June 1, 1995, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the MGB pump, seizure of the MGB, loss of 
drive to an engine and main rotor, and subsequent loss of control of 
the helicopter, accomplish the following:
    (a) Before the first flight of each day and at intervals not to 
exceed 10 hours time-in-service (TIS), check the MGB magnetic chip 
detector plug (chip detector) for any sludge. Also, check for dark 
oil in the MGB oil-sight glass. An owner/operator (pilot) holding at 
least a private pilot certificate may perform this visual check and 
must enter compliance into the aircraft maintenance records in 
accordance with 14 CFR 43.11 and 91.417(a)(2)(v). ``Sludge'' is a 
deposit on the chip detector that is typically dark in color and in 
the form of a film or paste, as compared to metal chips or particles 
normally found on a chip detector. Sludge may have both metallic or 
nonmetallic properties, may consist of copper (pinion bearing), 
magnesium (pump case), and steel (pinion) from the oil pump, and a 
nonmetallic substance from the chemical breakdown of the oil as it 
interacts with the metal.

    Note 1: Eurocopter France Alert Telex No. 05.00.40R1, dated 
November 27, 2002, and Alert Service Bulletin No. 05.00.40, dated 
November 16, 2004, pertain to the subject of this AD.

    (b) Before further flight, if any sludge is found on the chip 
detector, inspect the pump.
    (c) Before further flight, if the oil appears dark in color when 
it is observed through the MGB oil-sight glass, take an oil sample. 
If the oil taken in the sample is dark or dark purple, before 
further flight, inspect the pump.
    (d) While inspecting the pump, if you find any of the following, 
replace the MGB and the pump with an airworthy MGB and pump before 
further flight:
    (1) Crank pin play,
    (2) Out of round bronze bushing (A of Figure 1),
    (3) Offset of the driven gear pinion,
    (4) Metal chips, or
    (5) Wear (C of Figure 1).
    See the following Figure 1:

[[Page 56143]]

[GRAPHIC] [TIFF OMITTED] TP26SE05.021


    Note 2: If wear is present in the B area only as depicted in 
Figure 1, replacing the MGB and the pump is not required.

    (e) Before installing a different MGB or a pump with any TIS, 
accomplish the requirements of paragraph (a) of this AD.
    (f) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Safety Management Group, Rotorcraft Directorate, FAA, 
for information about previously approved alternative methods of 
compliance.

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD 2002-331-071 R2, dated 
November 24, 2004.


    Issued in Fort Worth, Texas, on September 13, 2005.
S. Frances Cox,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 05-19148 Filed 9-23-05; 8:45 am]
BILLING CODE 4910-13-P


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