[Federal Register Volume 67, Number 191 (Wednesday, October 2, 2002)]
[Proposed Rules]
[Pages 61843-61844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24989]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-61-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS 365 N3 and 
EC 155B Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes adopting a new airworthiness directive 
(AD) for the specified Eurocopter France (Eurocopter) helicopters. This 
proposal would revise the Airworthiness Limitations section of the 
maintenance manuals by establishing a new service life limit for the 
Fenestron pitch change control rod (control rod). This proposal is 
prompted by a failure of a control rod on a prototype helicopter that 
led to a precautionary landing. The actions specified by this proposed 
AD are intended to prevent failure of the control rod, loss of control 
of the tail rotor, and subsequent loss of control of the helicopter.

DATES: Comments must be received on or before December 2, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-61-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: [email protected]. 
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: Jim Grigg, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, 
Texas 76193-0110, 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 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, 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. 2001-SW-61-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 Eurocopter Model AS 365 N and Model EC 155B 
helicopters. The DGAC advises that a control rod failure occurred on a 
prototype aircraft and mandates removing control rod, part number (P/N) 
365A33616121, at certain times depending on the number of helicopter 
flight hours.
    Eurocopter has issued Alert Telex No. 04A003, for Model EC 155B 
helicopters, and Alert Telex No. 01.00.54, for Model AS 365 N3 
helicopters, both dated September 5, 2001. The alert telexes specify a 
new service life of 300 flight hours for control rod, P/N 365A33616121. 
The DGAC classified these alert telexes as mandatory and issued AD No. 
2001-443-054(A), for Model AS 365 N3 helicopters, and AD No. 2001-444-
003(A), for Model EC 155B helicopters. Both AD's are dated October 17, 
2001 and were issued to ensure 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 
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 unsafe condition is likely to exist or develop on other 
helicopters of these same type designs registered in the United States. 
Therefore, the proposed AD would reduce the current service life limit 
of 1,500 hours time in service (TIS) to 300 hours TIS for the control 
rod, part number 365A33616121, and would require removing the control 
rod:
    [sbull] Before further flight for helicopters with control rods 
having 700 or more hours TIS;
    [sbull] Within 20 hours TIS for helicopters with control rods 
having 500 or more hours TIS, but less than 700 hours TIS; and
    [sbull] Within 30 hours TIS for helicopters with control rods 
having more than 270 hours TIS and less than 500 hours TIS.
    The proposed AD would require revising the Airworthiness 
Limitations section of the maintenance manuals to reflect the new 
retirement life of 300 hours TIS for the control rod. The actions would 
be required to be accomplished in accordance with the alert telexes 
described previously.
    The FAA estimates that 2 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 0.5 work 
hour per helicopter to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
total cost impact of the proposed AD on U.S. operators is estimated to 
be $60, assuming no control rods will reach the 300 hours TIS 
retirement life within the next year.
    The regulations proposed herein would not have a substantial direct 
effect on the States, on the relationship

[[Page 61844]]

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 adding a new airworthiness directive 
to read as follows:

Eurocopter France: Docket No. 2001-SW-61-AD.

    Applicability: Model AS 365 N3 with MOD 0764B39 (Quiet 
Fenestron) and Model EC 155B helicopters with tail rotor pitch 
change control rod, part number (P/N) 365A33616121, 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 (c) 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 failure of the Fenestron pitch change control rod 
(control rod), loss of control of the tail rotor, and subsequent 
loss of control of the helicopter, accomplish the following:
    (a) Remove the control rod from service in accordance with 
Eurocopter Alert Telex No. 04A003, for Model EC 155B helicopters, 
and Alert Telex No. 01.00.54, for Model AS 365 N3 helicopters, both 
dated September 5, 2001, using the following table for the initial 
compliance time, and thereafter at intervals not to exceed 300 hours 
time-in-service (TIS):

------------------------------------------------------------------------
    Remove the control rod               For control rods with
------------------------------------------------------------------------
Before further flight........  700 or more hours TIS.
Within 20 hours TIS..........  500 or more hours TIS but less than 700
                                hours TIS.
Within 30 hours TIS..........  More than 270 hours TIS and less than 500
                                hours TIS.
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    (b) This AD revises the helicopter Airworthiness Limitations 
section of the maintenance manuals by establishing a new retirement 
life for control rod, P/N 365A33616121, of 300 hours TIS.
    (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, 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

    (d) Special flight permits may be issued in accordance with 14 
CFR 21.197 and 21.199 to operate the helicopter to a location where 
the requirements of this AD can be accomplished.

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD No. 2001-443-054(A), for 
Model AS 365 N3 helicopters, and AD No. 2001-444-003(A), for Model 
EC 155B helicopters. Both AD's are dated October 17, 2001.


    Issued in Fort Worth, Texas, on September 18, 2002.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-24989 Filed 10-1-02; 8:45 am]
BILLING CODE 4910-13-P