[Federal Register Volume 68, Number 226 (Monday, November 24, 2003)]
[Proposed Rules]
[Pages 65854-65856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29221]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-11-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS 365 N3 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes adopting a new airworthiness directive 
(AD) for the specified Eurocopter France (Eurocopter) model 
helicopters. This proposal would require installing a tail rotor blade 
(blade)-to-torsion bar attachment tuning weight assembly on each blade 
of the Quiet Fenestron tail rotor and replacing each blade attachment 
bushing. This proposal is prompted by the discovery of tail rotor 
induced vibrations during flight tests. The actions specified by this 
proposed AD are intended to prevent vibration in the tail rotor and the 
pilot's anti-torque pedals, blade pitch control failure, and subsequent 
loss of control of the helicopter.

DATES: Comments must be received on or before January 23, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

[[Page 65855]]

Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-11-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: Richard Monschke, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5116, 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-11-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    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 N3 helicopters. The DGAC 
advises of a report of the discovery of an increased level of vibration 
felt by the crew in the pedal units.
    Eurocopter has issued Alert Service Bulletin (ASB) No. 64.00.23, 
dated October 30, 2002, which specifies installing a tuning weight 
assembly, part number (P/N) 365A33-3546-00, on each blade of the Quiet 
Fenestron tail rotor. Compliance with this ASB requires prior 
compliance with Eurocopter Service Bulletin 64.00.21, dated November 8, 
2000 (modification 0761B23, 0765B35, and 0764B39, 40, 41), which 
specifies installing a Quiet Fenestron tail rotor, and with Eurocopter 
Service Bulletin 65.00.14, dated January 7, 2002 (modification 
0765B41), which specifies installing a reinforced control shaft on the 
tail rotor hub control shaft assembly. The DGAC classified these 
service bulletins as mandatory and issued AD No. 2002-622(A), dated 
December 11, 2002, to ensure the continued airworthiness of these 
helicopters in France.
    This helicopter model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the 
applicable bilateral agreement, the DGAC has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
DGAC, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.
    This previously described unsafe condition is likely to exist or 
develop on other helicopters of the same type design registered in the 
United States. Therefore, the proposed AD would require removing each 
tail rotor attachment bushing, P/N 365A33-3530-20, and then installing 
a blade-to-torsion bar attachment tuning weight assembly, P/N 365A33-
3546-00, on each blade of the Quiet Fenestron tail rotor at the same 
time. Mixing the existing blade attachment bushings, P/N 365A33-3530-
20, and the new tuning weight assembly, P/N 365A33-3546-00, on the same 
tail rotor hub would be prohibited. The actions would be required to be 
accomplished in accordance with the service bulletin described 
previously.
    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 proposed AD would affect 6 helicopters 
of U.S. registry and the proposed actions would take approximately 8 
work hours per helicopter to accomplish at an average labor rate of $65 
per work hour. Required parts would cost approximately $3,290, and 
attaching hardware would cost $40. Based on these figures, we estimate 
the total cost impact of the proposed AD on U.S. operators to be $3,850 
per helicopter, or $23,100 for the entire fleet.
    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 adding a new airworthiness directive 
to read as follows:

Eurocopter France: Docket No. 2003-SW-11-AD.

    Applicability: Model AS 365 N3 helicopters, with a Quiet 
Fenestron tail rotor (tail rotor gearbox, part number (P/N) 365A33-
6005-06, and tail rotor hub, P/N

[[Page 65856]]

365A33-3500-02), tail rotor hub attachment bushings, part number (P/
N) 365A33-3530-20, and a reinforced control shaft, P/N 365A33-6214-
20, on the tail rotor hub control shaft assembly, installed, 
certificated in any category.
    Compliance: Within 3 months, unless accomplished previously.
    To prevent vibration in the tail rotor attachments and the 
pilot's anti-torque pedals, blade pitch control failure, and 
subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Install a tail rotor blade (blade)-to-torsion bar attachment 
tuning weight assembly, P/N 365A33-3546-00, on each blade of the 
Quiet Fenestron tail rotor in accordance with paragraph 2, 
Accomplishment Instructions, of Eurocopter France Alert Service 
Bulletin 64.00.23, dated October 30, 2002. Replace each of the 10 
blade attachment bushings, P/N 365A33-3530-20, at the same time. Do 
not mix the existing blade attachment bushings, P/N 365A33-3530-20, 
and the new tuning weight assemblies, P/N 365A33-3546-00, on the 
same tail rotor hub.
    (b) 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, Rotorcraft Directortate, FAA, 
for information about previously approved alternative methods of 
compliance.

    Note: The subject of this AD is addressed in Direction Generale 
De L'Aviation Civile (France) AD 2002-622(A), dated December 11, 
2002.


    Issued in Fort Worth, Texas, on November 17, 2003.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-29221 Filed 11-21-03; 8:45 am]
BILLING CODE 4910-13-P