[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Rules and Regulations]
[Pages 54653-54654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23830]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-61-AD; Amendment 39-13303; AD 2003-19-01]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to Eurocopter France (Eurocopter) Model AS 365 N3 and EC 
155B helicopters, that requires replacing each Fenestron pitch change 
control rod (control rod) with an improved reinforced steel airworthy 
control rod. This amendment is prompted by a failure of a control rod 
on a prototype helicopter and by the manufacturer making available a 
newly-designed reinforced steel control rod. The actions specified by 
this 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: Effective October 23, 2003.

FOR FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort 
Worth, Texas 76193-0111, telephone (817) 222-5130, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an AD that is 
applicable to Eurocopter Model AS 365 N3 and EC 155B helicopters was 
published in the Federal Register on October 2, 2002 (67 FR 61843). 
That action proposed to require replacing the affected control rod 
every 300 hours time-in-service (TIS). However, before the final rule 
was published, the manufacturer made available a redesigned control rod 
to replace the affected control rod and issued new service information. 
Therefore, since we decided to require replacing the affected control 
rod with the redesigned control rod, we reopened the comment period by 
publishing a supplemental notice of proposed rulemaking on April 1, 
2003 (68 FR 15687). That action proposed to require removing the 
control rod, P/N 365A33-6161-21, and replacing it with a reinforced 
steel control rod, P/N 365A33-6214-20.
    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, P/N 365A33-6161-
21, at certain times depending on the number of helicopter flight 
hours, and replacing it with a reinforced steel control rod, P/N 
365A33-6214-20.
    Eurocopter has issued Alert Telex No. 04A005 for Model EC 155B 
helicopters, and Alert Telex No. 01.00.55 for Model AS 365 N3 
helicopters, both dated July 4, 2002. The alert telexes specify 
removing the control rod, P/N 365A33-6161-21, and replacing it with a 
reinforced steel control rod, P/N 365A33-6214-20. The DGAC classified 
these alert telexes as mandatory and issued AD No. 2002-472-057(A) for 
Model AS 365 N3 helicopters, and AD No. 2002-473-006(A) for Model EC 
155B helicopters to ensure the continued airworthiness of these 
helicopters in France. Both AD's are dated September 18, 2002.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposal or the FAA's determination of the cost to the public. The FAA 
has determined that air safety and the public interest require the 
adoption of the rule as proposed.
    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. However, 
for clarity and consistency in this final rule, we have retained the 
language of the NPRM regarding that material.
    The FAA estimates that 3 helicopters of U.S. registry will be 
affected by this AD, that it will take approximately 2 work hours per 
helicopter to remove and replace the control rod, and that the average 
labor rate is $60 per work hour. Required parts will cost approximately 
$2,677. Based on these figures, the total cost impact of the AD on U.S. 
operators is estimated to be $8,391.

[[Page 54654]]

    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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth, Texas.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
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

0
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]

0
2. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2003-19-01 Eurocopter France: Amendment 39-13303. Docket 2001-SW-61-
AD.

    Applicability: Model AS 365 N3 helicopters with MOD 0764B39 
(Quiet Fenestron) and Model EC 155B helicopters with tail rotor 
pitch change control rod (control rod), part number (P/N) 365A33-
6161-21, 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 (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.
    To prevent failure of the 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, P/N 365A33-6161-21, and replace it 
with a reinforced steel control rod, P/N 365A33-6214-20, in 
accordance with the following table:

------------------------------------------------------------------------
        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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    Note 2: Eurocopter Alert Telex No. 04A005, for Model EC 155B 
helicopters, and Alert Telex No. 01.00.55, for Model AS 365 N3 
helicopters, both dated July 4, 2002, 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, Safety Management 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, Safety Management Group.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Safety Management Group.

    (c) 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.
    (d) This amendment becomes effective on October 23, 2003.

    Note 4: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD No. 2002-472-057(A) for 
Model AS 365 N3 helicopters, and AD No. 2002-473-006(A) for Model EC 
155B helicopters. Both AD's are dated September 18, 2002.


    Issued in Fort Worth, Texas, on September 9, 2003.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-23830 Filed 9-17-03; 8:45 am]
BILLING CODE 4910-13-P