[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Proposed Rules]
[Pages 41977-41980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17957]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-10-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS355E, F, F1, 
F2, and N 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. That AD currently requires certain checks of the magnetic 
chip detector plug (chip detector) and the main gearbox (MGB) oil-sight 
glass; certain inspections of the lubrication pump (pump), if 
necessary; replacing the MGB and the pump with an airworthy MGB and 
pump, if necessary; and a different MGB or pump with any time-in-
service (TIS) must meet the AD requirements before being installed. 
This document proposes the same requirements but also proposes to 
correct the wording in the existing AD to state that the check of the 
chip detector is for sludge rather than metal particles. This proposal 
is prompted by the need to correct the wording to require that the 
check of the chip detector is for sludge rather than metal particles 
because the term ``metal particles'' is misleading. The actions 
specified by this AD are intended to detect sludge on the chip 
detector, 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: Comments must be received on or before September 15, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-10-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: Ed Cuevas, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5355, 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. 2003-SW-10-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    On October 17, 2002, the FAA issued Emergency AD 2002-21-51. That 
Emergency AD was published in the Federal Register as a final rule; 
request for comments on December 18, 2002 (67 FR 77401). That AD 
requires checking the chip detector for metal particles and the MGB 
oil-sight glass for dark oil; taking an oil sample if dark oil is 
observed; further inspection of the pump, if necessary; and replacing 
the MGB and the pump with an airworthy MGB and pump, if necessary. 
Also, that AD requires that a different MGB or pump with any TIS must 
meet the requirements of the AD before being installed. That 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. The requirements of that 
AD are intended to prevent seizure of the MGB, loss of drive to an 
engine and main rotor, and subsequent loss of control of the 
helicopter.
    Since issuing that AD, the FAA has learned that the meaning of the 
source information in the DGAC AD was inadvertently changed. The check 
of the chip detector should be for ``sludge'' rather than ``metal 
particles'' as required in the existing AD. The presence of metal 
particles on the chip detector is already addressed in the maintenance 
manuals. Operators should continue to follow the maintenance manual 
instructions when metal particles are present on the chip detector. 
Therefore, the proposed AD would supersede AD 2002-21-51 to replace the 
words ``metal particles'' with the word ``sludge'' and to define 
``sludge.'' The term ``sludge'' is used to describe a deposit on the 
chip detector. This deposit may have both metallic and nonmetallic 
properties. It is typically dark in color and in the form of a film or 
paste, as compared to metal chips or particles normally found on the 
chip detector.
    An owner/operator (pilot) may perform the visual checks for sludge 
on the chip detector and for dark oil in the

[[Page 41978]]

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 these checks because they only 
involve visual checks for sludge on the chip detector, which can be 
removed without the use of tools, and for dark oil in the MGB oil-sight 
glass and can be performed equally well by a pilot or a mechanic.
    Also, since issuing that AD, ECF has issued a revised Alert Telex 
No. 05.00.40 R1, dated November 27, 2002, which in addition to the 
specifications of Alert Telex No. 05.00.40, dated June 6, 2002, gives 
operators the choice of having the pump, the MGB, and the main rotor 
mast examined by an ECF specialist. The Direction Generale De 
L'Aviation Civile (DGAC) classified Alert Telex 05.00.40 R1 as 
mandatory and issued a revised AD No. 2002-331-071(A) R1, dated January 
22, 2003, to ensure the continued airworthiness of these helicopters in 
France. Therefore, we have updated this proposed AD to reference the 
more current service information.
    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs FAA's AD system. This 
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 14 CFR part 39, we no longer need 
to include it in each individual AD.
    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 chip detector 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.
    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 39-12982 (67 FR 
77401, December 18, 2002), and by adding a new airworthiness directive 
(AD), to read as follows:

Eurocopter France: Docket No. 2003-SW-10-AD. Supersedes AD 2002-21-
51, 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.
    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 sludge. 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). ``Sludge'' is a 
deposit on the chip detector that is typically dark in color and in 
the form of a film or paste, as compared to metal chips or particles 
normally found on a chip detector. Sludge may have both metallic or 
nonmetallic properties, may consist of copper (pinion bearing), 
magnesium (pump case), and steel (pinion) from the oil pump, and a 
nonmetallic substance from the chemical breakdown of the oil as it 
interacts with the metal.


    Note 1: Eurocopter France Alert Telex No. 05.00.40 R1, dated 
November 27, 2002, pertains to the subject of this AD.


    (b) Before further flight, if any sludge is found on the chip 
detector, inspect the pump.
    (c) Before further flight, if the oil appears dark in color when 
it is observed through the MGB oil-sight glass, take an oil sample. 
If the oil taken in the sample is dark or dark purple, before 
further flight, inspect the pump.
    (d) 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:
    (1) Crank pin play,
    (2) Out of round bronze bushing (A of Figure 1),
    (3) Offset of the driven gear pinion,
    (4) Metal chips, or
    (5) Wear (C of Figure 1).
    See the following Figure 1:
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[[Page 41979]]

[GRAPHIC] [TIFF OMITTED] TP16JY03.060



[[Page 41980]]


    Note 2: If wear is present in the B area only as depicted in 
Figure 1, replacing the MGB and the pump is not required.


    (e) Before installing a different MGB or a pump with any TIS, 
accomplish the requirements of paragraph (a) of this AD.
    (f) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Safety Management Group, Rotocraft Directorate, FAA, for 
information about previously approved alternative methods of 
compliance.

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD 2002-331-071(A) R1, dated 
January 22, 2003.


    Issued in Fort Worth, Texas, on July 1, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-17957 Filed 7-15-03; 8:45 am]
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