[Federal Register Volume 68, Number 77 (Tuesday, April 22, 2003)]
[Proposed Rules]
[Pages 19761-19766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9862]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-SW-12-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS350B, B1, B2, 
B3, BA, C, D, D1, and AS355E, F, F1, F2, and N Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD) for the specified Eurocopter France (ECF) model 
helicopters that proposed a daily inspection of the tail rotor pitch 
control rod (control rod) outboard spherical bearing (bearing), a 
radial and axial play limit, a revised AD compliance interval, and 
adding the ECF Model AS350B3 helicopter and an additional control rod 
to the applicability. That proposal was prompted by two comments 
received and the FAA determination that the AD inspection interval 
should coincide with the normal maintenance interval and that the AD 
should apply to the ECF Model AS350B3 helicopter. This action retains 
the original proposals but changes the daily inspection to a daily 
check and makes other editorial changes for clarification. The actions 
specified by the proposed AD are intended to prevent separation of the 
bearing ball from its outer race, rubbing of the body of the control 
rod against the tail rotor blade pitch horn clevis, failure of the 
control rod, and subsequent loss of control of the helicopter.

DATES: Comments must be received on or before June 23, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2000-SW-12-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: Uday Garadi, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, 
Texas 76193-0110, telephone (817) 222-5123, 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, 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. 2000-SW-12-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    On November 19, 1998, the FAA issued AD 98-24-35, Amendment 39-
10921, Docket 98-SW-41-AD (63 FR 66418, December 2, 1998), to require 
measuring the control rod bearing radial and axial play every 50 hours 
time-in-service (TIS). That action was prompted by an accident and an 
incident involving ECF Model AS350B2 helicopters. There were two other 
unconfirmed incidents cited by the National Transportation Safety Board 
(based on manufacturer's reports) involving the same control rod, part 
number (P/N) 350A33-2145-00.
    After issuing AD 98-24-35, ECF issued Service Letter No. 1367-64-
98, dated January 12, 1999, to provide operators with an easy way to 
determine the looseness of the bearing by adding an axial play limit of 
0.016 inch and a daily check. When the FAA issued AD 98-24-35, neither 
the Direction Generale De L'Aviation Civile nor the manufacturer had 
issued any service information addressing this unsafe condition.
    Subsequently, the FAA received comments from two commenters, the 
manufacturer and an operator, stating that a larger axial play limit 
and a 30-hour time-in-service (TIS) visual check would provide a 
satisfactory degree of safety for this control rod and an adequate 
inspection interval.
    The FAA agreed and issued a proposal to amend 14 CFR part 39, 
published as an NPRM in the Federal Register on April 9, 2001 (66 FR 
18416), to supersede AD 98-24-35. The NPRM

[[Page 19762]]

proposed adding ECF Model AS350B3 helicopters and control rod, P/N 
350A33-3145-00, to the applicability; increasing the frequency of the 
inspection interval from every 50 hours TIS to every 30 hours TIS; 
establishing a daily inspection of the control rod bearing; and 
establishing an axial play limit of 0.016-inch. The actions of that 
proposed AD were intended to prevent separation of the bearing ball 
from its outer race, rubbing of the body of the control rod against the 
tail rotor blade pitch horn clevis, failure of the control rod, and 
subsequent loss of control of the helicopter.
    Since issuing that NPRM, the FAA has received various comments from 
12 commenters.
    Three commenters state that the proposed daily inspection of the 
bearing should be deleted because the requirement already exists in the 
maintenance work cards and in the preflight checklist in the rotorcraft 
flight manual (RFM). In addition, another commenter states that the 
daily inspection should be changed to a daily check and that a trained 
pilot should do the check. The FAA agrees that a pilot can do the check 
but believes that due to the accidents caused by failure of the control 
rods and because the RFM and the maintenance work cards are unclear a 
daily check should be required. However, we are revising our proposal 
to allow an owner/operator (pilot) to perform the daily check of the 
bearing for movement because no tools are required and the check can be 
accomplished by observation and feel. However, the pilot must enter 
compliance with those requirements into the helicopter maintenance 
records in accordance with 14 CFR 43.11 and 91.417(a)(2)(v).
    One commenter, the manufacturer, states that the control rod P/N is 
incorrectly stated in three places. Also, in its Service Letter No. 
1367-64-98, which details the most effective checking conditions, the 
term ``easy'' is more suitable than the term ``accurate'' as used in 
the proposed AD. The FAA agrees and has made those changes as 
requested.
    The manufacturer requests that the proposed Figures 1 and 2, 
relating to the axial and radial play measurements, be replaced with 
three clearer figures provided by them. The FAA agrees. Published 
Figure 1 gives the method only for a visual check. Published Figure 2 
shows the complete assembly of the control rod and makes it appear that 
the measurements can be made without removing the control rod from the 
helicopter. Therefore, the FAA is inserting the three clearer figures 
in the proposal to clearly depict the measurement of radial and axial 
play and is including references in the text accordingly.
    Seven commenters state that the inspection interval of the bearing 
should be changed from the proposed 30 to 100 hours TIS. One commenter 
states that the inspection interval should not be less than 50 hours 
TIS. The FAA mistakenly proposed an inspection of all affected control 
rods at intervals not to exceed 30 hours TIS. The 30-hour TIS 
inspection interval was intended to apply only to the control rods that 
were removed from the helicopter because play was detected, not to 
newly installed or in-service control rods. Therefore, we have changed 
the proposed paragraph numbering and added the word ``thereafter'' to 
clearly indicate that the 30-hour TIS inspection interval applies to 
control rods in which play has been detected. We do not agree that the 
inspection interval for these control rods should be extended above 30 
hours TIS.
    The manufacturer further states that the compliance time in 
paragraph (a) should be changed from ``before the first flight'' (BFF) 
to ``after the last flight'' (ALF) of the day. The commenter states 
that if maintenance is required for operational reasons, ALF is 
preferable to BFF because the mechanic has more time to do the work and 
states that the ALF visit is longer and a more important daily visit 
compared with the BFF. The FAA does not agree. The intent is to check 
the helicopter for safety of flight in accordance with the requirements 
of this AD regardless of whether it is done ALF or BFF.
    The manufacturer further states that we should add a requirement 
that if the ball shows evidence of scoring and/or discoloration, the 
control rod should be replaced with an airworthy control rod before 
further flight. The FAA agrees and has changed the wording of the 
proposed AD to state that if discoloration or scoring on the bearing is 
found, the bearing is unairworthy.
    Another commenter with 20 years of experience with these 
helicopters states that neither the current AD nor this proposed AD is 
needed. The FAA disagrees. The FAA has determined that an AD is 
required based on the occurrence of accidents due to failure of these 
control rods.
    One commenter fully agrees with the proposal and suggests adding a 
warning to the RFM alerting pilots that violent vibration due to a 
pitch control rod failure will result in separation of the tail boom. 
The FAA disagrees. The RFM Emergency Procedures address the tail rotor 
malfunction including tail rotor control failure. The daily check 
should preclude any impending failure of the control rod based on the 
conditions addressed by this AD.
    Other commenters agree with the proposal to increase the axial play 
from .008 inch to .016 inch; however, one commenter asks if leaving the 
allowable play at .008 inch would not be safer. The FAA believes that a 
sufficient margin of safety is provided if the play is increased to 
.016 inch.
    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. The 
regulation now includes material that relates to altered products, 
special flight permits, and alternative methods of compliance. Because 
we have now included this material in part 39, we no longer need to 
include it in each individual AD. Therefore, Notes 1 and 2 and 
paragraph (c) as published in AD 98-24-35 and the NPRM in this action 
are not included in this supplemental notice of proposed rulemaking. 
However, a revised paragraph (c) is added to the proposed action.
    Some of these changes expand the scope of the originally proposed 
rule. Therefore, the FAA has determined that it is necessary to reopen 
the comment period to provide additional opportunity for public 
comment.
    The FAA estimates that the AD would affect 610 helicopters of U.S. 
registry, that it would take approximately 1 work hour per helicopter 
to accomplish the inspections, and that the average labor rate is $60 
per work hour. Required parts would cost approximately $1,224 for two 
control rods per helicopter. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be 
$783,240.
    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

[[Page 19763]]

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 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. 2000-SW-12-AD.

    Applicability: Eurocopter France Model AS350B, B1, B2, B3, BA, 
C, D, D1, and AS355E, F, F1, F2, and N helicopters, with tail rotor 
pitch control rod (control rod), part number (P/N) 350A33-2145-00 or 
350A33-2145-01, installed, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent separation of the control rod outboard spherical 
bearing (bearing) ball from its outer race, rubbing of the body of 
the control rod against the tail rotor blade pitch horn clevis, 
failure of the control rod, and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Before the first flight of each day, place the tail rotor 
pedals in the neutral position. If the helicopter is fitted with a 
tail rotor load compensator, discharge the accumulator as described 
in the rotorcraft flight manual. Check the bearing for play on the 
helicopter, by observation and feel, by slightly moving the tail 
rotor blade in the flapping axis while monitoring the bearing for 
movement. See the following Figure 1 of this AD:
[GRAPHIC] [TIFF OMITTED] TP22AP03.010


[[Page 19764]]


    (1) If the Teflon cloth is coming out of its normal position 
within the bearing, totally or partially, or if there is 
discoloration or scoring on the bearing, the bearing is unairworthy.
    (2) An owner/operator (pilot) holding at least a private pilot 
certificate may perform this check and must enter compliance into 
the aircraft maintenance records in accordance with 14 CFR 43.11 and 
91.417(a)(2)(v).
    (b) If a pilot or mechanic detects play, a mechanic must remove 
the control rod from the helicopter, and using a dial indicator, 
measure the bearing wear according to the following and as shown in 
Figures 2 and 3 of this AD:
[GRAPHIC] [TIFF OMITTED] TP22AP03.011


[[Page 19765]]


[GRAPHIC] [TIFF OMITTED] TP22AP03.012

    (1) Remove the control rod from the helicopter.
    (2) Mount the control rod in a vise as shown in Figure 2 of this 
AD.
    (3) Using a dial indicator, take axial play readings by moving 
the spherical bearing in the direction F (up and down) as shown in 
Figure 2 of this AD.
    (4) Install a bolt washer and nut to secure the bearing after 
removing it from the vise.
    (5) Mount the bearing in a vise as shown in Figure 3 of this AD.
    (6) Using a dial indicator, take radial play measurements by 
moving the control rod in the direction F as shown in Figure 3 of 
this AD.
    (7) Record the hours of operation on each control rod.
    (8) If the radial play exceeds 0.008 inch or axial play exceeds 
0.016 inch, replace the control rod with an airworthy control rod 
before further flight.
    (9) If the radial and axial play are within limits, reinstall 
the control rod.
    (10) Thereafter, at intervals not to exceed 30 hours TIS, remove 
the control rod and again measure the bearing play with a dial 
indicator in accordance with this paragraph.
    (c) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR

[[Page 19766]]

39.19. Contact the Manager, Regulations Group, Rotorcraft 
Directorate, FAA, for information about previously approved 
alternative methods of compliance.

    Issued in Fort Worth, Texas, on April 15, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-9862 Filed 4-21-03; 8:45 am]
BILLING CODE 4910-13-P