[Federal Register Volume 68, Number 209 (Wednesday, October 29, 2003)]
[Rules and Regulations]
[Pages 61608-61613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27211]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-SW-12-AD; Amendment 39-13354; AD 2003-22-06]
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: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD) for the specified Eurocopter France (ECF) model helicopters that 
currently requires measuring the tail rotor pitch control rod (control 
rod) outboard spherical bearing (bearing) for radial and axial play. 
This amendment revises the requirement to measure control rod play. 
This amendment also adds the Eurocopter France Model AS350B3 helicopter 
and an additional control rod to the applicability, a daily check of 
the control rod bearing, a larger axial play limit, a more frequent AD 
compliance interval, and makes editorial changes for

[[Page 61609]]

clarification. This amendment is prompted by additional service 
information and comments resulting in the FAA determination that the 
inspection interval should coincide with the normal maintenance 
interval, that the AD should apply to the ECF Model AS350B3 helicopter 
and an additional control rod, that the daily inspection should be a 
daily check, and that certain editorial changes are needed for 
clarification. The actions specified by this 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: Effective December 3, 2003.

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: In response to two commenters to the final 
rule, request for comments, a proposal to amend 14 CFR part 39 by 
superseding AD 98-24-35, Amendment 39-10921, Docket 98-SW-41-AD (63 FR 
66418, December 2, 1998), for the specified ECF model helicopters, was 
published in the Federal Register on April 9, 2001 (66 FR 18416). The 
notice of proposed rulemaking (NPRM) proposed retaining the 
requirements in AD 98-24-35 and adding Eurocopter Model AS350B3 
helicopter and control rod, P/N 350A33-3145-00, to the applicability. 
The NPRM also proposed revising the AD inspection interval so that it 
does not exceed 30 hours time-in-service (TIS) to coincide with the 
normal maintenance interval, establishing a daily inspection of the 
control rod bearing, and increasing the axial play limit to 0.016 inch.
    In response to the NPRM, we received various comments from 12 
commenters. Because we agreed with some of the comments, which expanded 
the scope of the proposals, we issued a supplemental NPRM (SNPRM), 
published in the Federal Register on April 22, 2003 (68 FR 19761), 
reopening the comment period. The SNPRM retained most of the original 
proposals but proposed changing the daily inspection to a daily check 
that may be performed by an owner/operator (pilot) and proposed other 
editorial changes for clarification. As a result of publishing the 
SNPRM, one commenter provided additional comments. Due consideration 
has been given to the comments received.
    The one commenter on the SNPRM states that 50 hours TIS between 
inspections of the control rods, as required by current AD 98-24-35, is 
adequate and that a change is unnecessary. The commenter further 
states, ``In my experience the bearing wears initially between .002 
-.003 inch axially and .001 inch radially and stabilizes in this range 
of play.''
    The FAA does not agree that a 50-hour TIS inspection interval is 
sufficient for control rods in which play has been detected, which is 
the focus of this AD action. The manufacturer recommends the 30-hour 
TIS inspection interval in Eurocopter Service Letter No. 1367-64-98. 
The FAA believes that .002-.003 axial and .001 radial play, suggested 
by the commenter, is not easily detectable by hand checking. Also, when 
the play is detected by hand, the wear will not stabilize but will 
increase in due course depending on TIS. The FAA has determined that 
the inspection interval for these control rods should not be extended 
above 30 hours TIS.
    The commenter also states that the cost estimate ``is not a true 
interpretation of the cost to operators.'' The commenter estimates 
flying 1200 hours a year, which will equate to 48 inspections, an 
increase of 25 percent or 12 additional inspections over the existing 
program. The commenter further states that his local maintenance shop 
rate is $85 per hour. The commenter, therefore, projects an additional 
cost of $1020 per year not including ferry time to a maintenance 
facility and extra out-of-service time while waiting for the inspection 
to be performed.
    The FAA's estimate of the total cost is based on an average labor 
cost, which was $60 per hour when the SNPRM was published but is now 
$65 per hour. Further, we estimate that the two control rods will need 
to be replaced on all affected helicopters. We recognize that each 
operator will incur different costs based on the fleet and the number 
of operating hours. However, we believe that the commenter's estimate 
that 1200 flight hours yearly will equate to 12 additional inspections 
for a total additional annual cost of $1,020 is high. We recognize that 
for his usage rate, the incremental increase from a 50-hour TIS 
interval to a 30-hour TIS interval could result in as many as 16 
additional inspections per year. However, the inspection interval for 
this AD coincides with the normal maintenance interval. Also, only 
after a pilot or a mechanic detects play does this AD require measuring 
the play at intervals not to exceed 30 hours TIS. AD 98-24-35 requires 
that the play be measured at intervals not to exceed 50 hours TIS 
regardless of whether or not play has been detected. Establishing this 
play-detection threshold may reduce the needed ferry time to a 
maintenance facility since a pilot now may check for play. All facts 
considered, we do not agree that a change to the cost estimate is 
warranted except for increasing the labor rate from $60 to $65 per 
hour.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require adopting the rule with the changes in the labor rate 
in the cost analysis and one relieving change in the AD language. 
Proposed paragraph (b)(4) was removed because it is unnecessary and was 
inadvertently included in the proposals. The paragraphs are renumbered 
accordingly. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.
    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.
    The FAA estimates that this AD will affect 610 helicopters of U.S. 
registry, and the required actions will take approximately 1 work hour 
per helicopter to accomplish at an average labor rate of $65 per work 
hour. Required parts will cost approximately $1224 for two control rods 
per helicopter. Based on these figures, we estimate the total cost 
impact of the AD on U.S. operators to be $786,290.
    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

[[Page 61610]]

been prepared for this action and it is contained in the Rules Docket. 
A copy of it may be obtained from the Rules Docket at the Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort 
Worth, Texas 76137.

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 removing Amendment 39-10921 (63 FR 
66418, December 2, 1998), and by adding a new airworthiness directive 
(AD), to read as follows:

2003-22-06 Eurocopter France: Amendment 39-13354. Docket No. 2000-
SW-12-AD. Supersedes AD 98-24-35, Amendment 39-10921, Docket No. 98-
SW-41-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:
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TR29OC03.000


[[Page 61611]]


    (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] TR29OC03.001


[[Page 61612]]


[GRAPHIC] [TIFF OMITTED] TR29OC03.002

BILLING CODE 4910-13-C
    (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) Mount the bearing in a vise as shown in Figure 3 of this AD.
    (5) 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.
    (6) Record the hours of operation on each control rod.
    (7) 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.
    (8) If the radial and axial play are within limits, reinstall 
the control rod.
    (9) 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 39.19. 
Contact the Manager, Safety Management Group, Rotorcraft 
Directorate,

[[Page 61613]]

FAA, for information about previously approved alternative methods 
of compliance.
    (d) This amendment becomes effective on December 3, 2003.

    Issued in Fort Worth, Texas, on October 22, 2003.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, , Aircraft Certification 
Service.
[FR Doc. 03-27211 Filed 10-28-03; 8:45 am]
BILLING CODE 4910-13-P