[Federal Register Volume 67, Number 243 (Wednesday, December 18, 2002)]
[Rules and Regulations]
[Pages 77401-77403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31751]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-48-AD; Amendment 39-12982; AD 2002-21-51]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS355E, F, F1, 
F2, and N Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 2002-21-51, which was sent 
previously to all known U.S. owners and operators of Eurocopter France 
(ECF) helicopters by individual letters. This AD requires certain 
checks of the magnetic chip detector plug (chip detector) for any metal 
particles and the main gearbox (MGB) oil-sight glass for dark-colored 
oil. If any of these are present, the AD requires inspecting the 
lubrication pump (pump) and, if necessary, replacing the MGB and the 
pump with an airworthy MGB and pump. Also, this AD requires that a 
different MGB or pump with any time-in-service (TIS) must meet the 
requirements of this AD before being installed. This AD was prompted by 
four reports of malfunctions of the MGB pump. The actions specified by 
this AD are intended 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: Effective January 2, 2003, to all persons except those persons 
to whom it was made immediately effective by Emergency AD 2002-21-51, 
issued on October 17, 2002, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before February 18, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2002-SW-48-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].

FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations Group, Fort Worth, Texas 
76193-0110, telephone (817) 222-5355, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On October 17, 2002, the FAA issued 
Emergency AD 2002-21-51 for the specified ECF helicopters, which 
requires checking the chip detector for metal particles and the MGB 
oil-sight glass for dark oil and taking an oil sample if dark oil is 
observed. If you find metal particles on the chip detector or if an oil 
sample confirms that the oil is dark or dark purple, the AD requires 
further inspection of the pump and, if necessary, replacing the MGB and 
the pump with an airworthy MGB and pump. Also, the AD requires that a 
different MGB or pump with any TIS must meet the requirements of this 
AD before being installed. The AD was prompted by four reports of 
malfunction of the MGB pump. The bearings of the driven pinion inside 
the pump can deteriorate resulting in pump failure and loss of oil 
pressure in the MGB. This condition, if not corrected, could result in 
seizure of the MGB, loss of drive to an engine and main rotor, and 
subsequent loss of control of the helicopter.
    The FAA has reviewed ECF Alert Telex No. 05.00.40, dated June 6, 
2002 (Telex), which describes procedures for inspecting the MGB 
magnetic plug for sludge and the MGB for very dark oil and inspecting 
the pump. The Telex specifies overhauling the MGB if you find any of 
the following in the pump: Bearing crank pin play, bronze bushing out-
of-round, offset of the driven gear pinion, certain wear, or metal 
chips. Pending the results of various investigations and to prevent 
loss of the drive train of the main transmission linkage for one or 
both engines, ECF specifies these procedures for all pumps.
    The Direction Generale De L'Aviation Civile (DGAC), the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on these helicopter models. The DGAC advises of 
four reports of pump deterioration. The DGAC advises that, in time, the 
insufficiently lubricated power transmission assembly deteriorates 
resulting in loss of the drive train for one or both engines 
(deterioration of the combiner gearbox gears). The DGAC classified the 
Telex as mandatory and issued AD No. 2002-331-071(A) dated July 10, 
2002, to ensure the continued airworthiness of these helicopters.
    This unsafe condition is likely to exist or develop on other 
helicopters of the same type design. Therefore, this AD requires the 
following:
    [sbull] Before the first flight of the day and at intervals not to 
exceed 10 hours TIS, check the chip detector for metal particles and 
the MGB oil-sight glass for dark oil.
    [sbull] If you find metal particles on the chip detector, before 
further flight, inspect the pump.
    [sbull] If you observe dark oil through the MGB oil sight glass, 
before further flight, take an oil sample to confirm that the oil is 
dark or dark purple.
    [sbull] If the oil sample is dark or dark purple, before further 
flight, inspect the pump, part number 355A32-0700-00, -01, or -01M.
    [sbull] If you find crank pin play, out-of-round bronze bushing, 
offset of the driven gear pinion, metal chips, or certain wear, replace 
the MGB and the pump with an airworthy MGB and pump before further 
flight.
    [sbull] A different MGB or pump with any TIS must meet the 
requirements of this AD before installation.
    An owner/operator (pilot) may perform the visual checks for metal 
particles on the magnetic chip detector plug and for dark oil in the 
MGB oil-sight glass and must enter compliance with those requirements 
into the helicopter maintenance records in accordance with 14 CFR 43.11 
and 91.417(a)(2)(v). A pilot may perform

[[Page 77402]]

these checks because they only involve visual checks for magnetic 
particles on the magnetic plug, which can be removed without the use of 
tools, and the MGB oil-sight glass for dark-colored oil and can be 
performed equally well by a pilot or a mechanic.
    The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
controllability and structural integrity of the helicopter. The checks 
of the MGB and pump are required in a very short period of time, 
specifically, before the first flight of each day and at intervals not 
to exceed 10 hours TIS. Also, if necessary, the inspections and 
replacement of the pump and MGB are required before further flight. 
Therefore, this AD must be issued immediately.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on October 17, 2002, to all known U.S. owners and operators of 
the specified ECF helicopters. These conditions still exist, and the AD 
is hereby published in the Federal Register as an amendment to 14 CFR 
39.13 to make it effective to all persons.
    The FAA estimates that this AD will affect approximately 105 
helicopters of U.S. registry. The FAA also estimates that it will take 
approximately 10 minutes to check the magnetic plug and the MGB oil 
sight glass, 4 work hours to remove the MGB and pump, 1 work hour to 
inspect the pump, and 4 work hours to install a serviceable MGB and 
pump. The average labor rate is $60 per work hour. Required parts will 
cost approximately $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, the FAA estimates a total cost impact of the AD on U.S. 
operators to be $337,540 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.

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 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 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 mailed 
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. 2002-SW-48-AD.'' The postcard will be date 
stamped and returned to the commenter.
    The regulations adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    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, 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:


2002-21-51 Eurocopter France: Amendment 39-12982. Docket No. 2002-
SW-48-AD.

    Applicability: Model AS355E, F, F1, F2, and N helicopters, with 
a main gearbox (MGB) lubrication pump (pump), part number 355A32-
0700-00, -01, -01M, 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 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 metal particles. 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).

    Note 2: Eurocopter France Alert Telex No. 05.00.40, dated June 
6, 2002, pertains to the subject of this AD.

    (1) Before further flight, if any metal particles are found on 
the chip detector, inspect the pump.

[[Page 77403]]

    (2) Before further flight, if dark oil is observed through the 
MGB oil-sight glass, take an oil sample to confirm that the oil is 
dark or dark purple. If the oil sample is dark or dark purple, 
before further flight, inspect the pump.
    (3) 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:
    (i) Crank pin play,
    (ii) Out of round bronze bushing (A of Figure 1),
    (iii) Offset of the driven gear pinion,
    (iv) Metal chips, or
    (v) Wear (C of Figure 1).
    See the following Figure 1:
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[GRAPHIC] [TIFF OMITTED] TR18DE02.003

BILLING CODE 4910-13-C

    Note 3: If wear occurs in B only in Figure 1, replacing the MGB 
and the pump is not necessary.

    (b) Before installing a different MGB or a pump with any TIS, 
accomplish the requirements of paragraph (a) of this AD.
    (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 4: 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.
    (e) This amendment becomes effective on January 2, 2003, to all 
persons except those persons to whom it was made immediately 
effective by Emergency AD 2000-21-51, issued October 17, 2002, which 
contained the requirements of this amendment.

    Note 5: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile, France, AD No. 2002-331-071(A), dated 
July 10, 2002.


    Issued in Fort Worth, Texas, on December 10, 2002.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-31751 Filed 12-17-02; 8:45 am]
BILLING CODE 4910-13-P