[Federal Register Volume 68, Number 95 (Friday, May 16, 2003)]
[Proposed Rules]
[Pages 26552-26553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12209]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-44-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS350B, 
AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, 
AS355F, AS355F1, AS355F2, and AS355N Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes superseding an existing airworthiness 
directive (AD) for the specified Eurocopter France (ECF) model 
helicopters. The existing AD requires inspecting the main rotor 
swashplate bearing (bearing) for play or binding, proper assembly and 
lubrication, and measuring the swashplate rotational torque. In 
addition, that AD requires plugging the nonrotating swashplate vent 
holes and barrel nut orifices. This amendment would eliminate most of 
those AD actions because they are now incorporated into the 
Airworthiness Limitations section of the maintenance manual but would 
retain the requirements for the initial and repetitive inspections and 
lubrication of the main rotor swashplate and clarify that repetitive 
maintenance of the main rotor swashplate and bearing is required at 
intervals not to exceed 100 hours time-in-service (TIS). This proposal 
is prompted by the need to clarify the AD wording to avoid any 
misinterpretation of the required interval for inspecting and 
lubricating the main rotor swashplate and bearing. The actions 
specified by the proposed AD are intended to prevent failure of the 
bearing and subsequent loss of control of the helicopter.

DATES: Comments must be received on or before July 15, 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-44-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. 2002-SW-44-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    On March 21, 1990, the FAA issued AD 89-21-01, Amendment 39-6562, 
Docket No. 89-ASW-53 (55 FR 12332, April 3, 1990), to require 
inspecting the bearing for play or binding, proper assembly and 
lubrication, and for measuring the swashplate rotational torque. In 
addition, that AD requires plugging the nonrotating swashplate vent 
holes and barrel nut orifices at specified hours TIS. The requirements 
of that AD are intended to prevent failure of the bearing, which could 
result in loss of helicopter control.
    Since issuing that AD, an FAA inspector reports that the repetitive 
lubrication requirement in paragraph (c) of AD 89-21-01 requiring 
lubrication ``within every 100 hours' additional time-in-service'' is 
being misinterpreted by a certain operator to only require lubrication 
every 199 hours rather than the intended 100-hour interval. Therefore, 
the inspector recommends that AD 89-21-01 be rewritten to clearly state 
that lubrication of the bearings be required at intervals not to exceed 
100 hours TIS. To remove any doubt as to the intended lubrication 
interval, we propose to adopt the suggested language. The additional 
requirements contained in AD 89-21-01 for inspecting and servicing the 
main rotor swashplate are omitted from this proposal because they are 
contained currently in the mandatory Airworthiness Limitations section 
of the Eurocopter Master Servicing Recommendations (maintenance manual) 
for the Model AS 350, dated April 26, 2001, and for the Model AS 355, 
dated May 31, 2001.
    This unsafe condition is likely to exist or develop on other 
helicopters of the same type designs. Therefore, the proposed AD would 
supersede AD 89-21-01 to clarify that the required inspection and 
lubrication interval of the main rotor swashplate must be accomplished 
within 10 hours TIS,

[[Page 26553]]

unless complied with previously, and thereafter at intervals not to 
exceed 100 hours TIS.
    The FAA estimates that this proposed AD would affect 587 
helicopters of U.S. registry, that it would take approximately 2 work 
hours 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 $422,640, assuming 6 inspections per year.
    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 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 removing Amendment 39-6562 (55 FR 
12332, April 3, 1990) and by adding a new airworthiness directive (AD) 
to read as follows:

Eurocopter France: Docket No. 2002-SW-44-AD. Supersedes AD 89-21-01, 
Amendment 39-6562, Docket No. 89-ASW-53.

    Applicability: Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, 
AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2, and 
AS355N helicopters, 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 (b) 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.

    Note 2: The current Airworthiness Limitations sections of the 
Eurocopter AS 350 and AS 355 maintenance manuals contain 
requirements for inspecting and lubricating the main rotor 
swashplate at intervals not to exceed 100 hours time-in-service 
(TIS).

    To prevent failure of the main rotor swashplate bearing and 
subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Within 10 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 100 hours TIS, inspect and lubricate the 
main rotor swashplate.

    Note 3: Eurocopter Master Servicing Recommendations, 
Airworthiness Limitations section, AS 350, dated April 26, 2001, and 
AS 355, dated May 31, 2001, pertain to the subject of this AD.

    (b) 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.

    (c) Special flight permits will not be issued.

    Issued in Fort Worth, Texas, on May 9, 2003.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-12209 Filed 5-15-03; 8:45 am]
BILLING CODE 4910-13-P