[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Rules and Regulations]
[Pages 19881-19882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10053]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-SW-44-AD; Amendment 39-11139; AD 99-09-06]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS-350B, B1, 
B2, B3, BA, and D Helicopters, and Model AS 355E, F, F1, F2 and N 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to Eurocopter France Model AS-350B, B1, B2, B3, BA, and D 
helicopters, and Model AS 355E, F, F1, F2 and N helicopters. This 
action requires inspecting the tail rotor spider plate bearing 
(bearing) for the proper bearing rotational torque, axial play, and for 
any brinelling of the bearing. This amendment is prompted by service 
difficulty reports citing the need to prematurely replace bearings due 
to wear, and by two in-flight incidents of increased tail rotor 
vibration levels due to bearing wear. This condition, if not corrected, 
could result in seizure of the bearing, loss of tail rotor control and 
subsequent loss of control of the helicopter.

DATES: Effective May 10, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 10, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before June 22, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 98-SW-44-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Shep Blackman, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5296, fax (817) 
222-5961.

SUPPLEMENTARY INFORMATION: 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 Model AS-350B, B1, B2, B3, BA, and D helicopters, and Model AS 
355E, F, F1, F2 and N helicopters. The DGAC advises that a one-time 
measurement of bearing rotational torque and repetitive inspections of 
the bearing for axial play, binding, or brinelling is necessary to 
prevent seizure of the bearing and loss of control of the helicopter.
    Eurocopter France has issued Eurocopter AS 350 Service Bulletin 
(SB) No. 05.00.29, applicable to Model AS-350 helicopters, and SB No. 
05.00.30, applicable to Model AS 355 helicopters, both dated February 
8, 1999. These SB's specify a periodic check of the pitch change spider 
plate bearing to prevent any blocking of the bearing. The DGAC 
classified these SB's as mandatory and issued AD 1999-084-057(A), and 
AD 1999-085-076(A), both dated February 24, 1999, applicable to Model 
AS 355 and Model AS-350 helicopters, respectively, in order 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 determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.
    The FAA estimates that 507 helicopters will be affected by this AD, 
that it will take approximately 1 work hour to accomplish the 
inspection, and 4 work hours to replace a bearing, if required, and 
that the average labor rate is $60 per work hour. Required parts will 
cost approximately $60 per helicopter. Based on these figures, the 
total cost impact of the AD on U.S. operators is estimated to be 
$182,520 to inspect and replace one bearing in each helicopter in the 
fleet.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other Eurocopter France Model AS-350B, B1, B2, B3, 
BA, and D helicopters, and Model AS 355E, F, F1, F2 and N helicopters 
of the same type design registered in the United States, this AD is 
being issued to prevent seizure of the bearing, loss of tail rotor 
control, and subsequent loss of control of the helicopter. This AD 
requires, within 50 hours TIS, measuring the bearing rotational torque, 
and thereafter at intervals not to exceed 100 hours TIS, inspecting the 
bearing for axial play, binding, or brinelling. The short compliance 
time involved is required because the previously described critical 
unsafe condition can adversely affect the controllability of the 
helicopter. Therefore, inspecting the bearing for the proper rotational 
torque within the next 50 hours time-in-service (TIS), and for any 
bearing roughness at intervals not to exceed 100 hours TIS is required, 
and this AD must be issued immediately.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

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

[[Page 19882]]

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-44-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, Incorporation by 
reference, 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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
to read as follows:

AD 99-09-06  Eurocopter France: Amendment 39-11139. Docket No. 98-
SW-44-AD.

    Applicability: Eurocopter France Model AS-350B, B1, B2, B3, BA, 
and D helicopters, and Model AS 355E, F, F1, F2 and N helicopters, 
with tail rotor spider assembly, part number 350A332004-03 or 
350A332004-05, 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 
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 (d) 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 prevent seizure of the tail rotor spider plate bearing 
(bearing), loss of tail rotor control, and subsequent loss of 
control of the helicopter, accomplish the following in accordance 
with the specified paragraphs of Eurocopter Service Bulletin (SB) 
05.00.29, applicable to Model AS-350 helicopters, or SB 05.00.30, 
applicable to Model AS 355 helicopters, both dated February 8, 1999, 
as applicable:
    (a) Within 50 hours time-in-service, measure the rotational 
torque of the bearing using the operational procedure in paragraph 
2.B.1 of the Accomplishment Instructions in the applicable SB. If 
the rotational load is equal to or greater than 300 grams, replace 
the pitch change spider plate assembly with an airworthy pitch 
change spider plate assembly before further flight.
    (b) At intervals not to exceed 100 hours time-in-service, 
measure the axial play, and inspect for rotational binding or 
brinelling of the bearing using the operational procedure in 
paragraph 2.B.2 of the Accomplishment Instructions in the applicable 
SB.
    (c) If the bearing fails to meet the airworthiness criteria 
stated in paragraph 2.B.3(b) of the Accomplishment Instructions in 
the applicable SB, replace the pitch change spider plate assembly 
with an airworthy pitch change spider plate assembly before further 
flight.
    (d) 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.

    (e) 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.
    (f) The measurements and replacements, if necessary, shall be 
done in accordance with Eurocopter Mandatory SB 05.00.29, applicable 
to Model AS-350 helicopters, or Eurocopter Mandatory SB 05.00.30, 
applicable to Model AS 355 helicopters, both dated February 8, 1999, 
as applicable. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from American Eurocopter 
Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, 
telephone (972) 641-3460, fax (972) 641-3527. Copies may be 
inspected at the FAA, (FAA), Office of the Regional Counsel, 
Southwest Region, Attention: Rules Docket No. 98-SW-44-AD, 2601 
Meacham Blvd., Room 663, Fort Worth, Texas 76137; or at the Office 
of the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.
    (g) This amendment becomes effective on May 10, 1999.

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD 1999-084-057(A) and AD 
1999-085-076(A), both dated February 24, 1999.

    Issued in Fort Worth, Texas, on April 14, 1999.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-10053 Filed 4-22-99; 8:45 am]
BILLING CODE 4910-13-U