[Federal Register Volume 69, Number 47 (Wednesday, March 10, 2004)]
[Rules and Regulations]
[Pages 11308-11309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5333]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-44-AD; Amendment 39-13518; AD 2004-05-23]
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: 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 certain inspections of the main rotor swashplate 
bearing (bearing) and plugging the nonrotating swashplate vent holes 
and barrel nut orifices. This amendment eliminates most of those AD 
actions, which are now included in the Airworthiness Limitations 
section of the maintenance manual, but retains the requirements for the 
inspections and lubrication of the main rotor swashplate. This 
amendment also clarifies that repetitive maintenance of the main rotor 
swashplate and bearing is required at intervals not to exceed 100 hours 
time-in-service (TIS). This amendment 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 this AD are intended to prevent 
failure of the bearing and subsequent loss of control of the 
helicopter.

DATES: Effective April 14, 2004.

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 14 CFR part 39 by 
superseding AD 89-21-01, Docket No. 89-ASW-53, Amendment 39-6562 (55 FR 
12332, April 3, 1990), for the specified ECF model helicopters was 
published in the Federal Register on May 16, 2003 (68 FR 26552). AD 89-
21-01 requires inspecting the 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 at specified hours TIS. 
The requirements of that AD are intended to prevent failure of the 
bearing, which could result in loss of control of the helicopter.
    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 have made the suggested changes. The additional 
requirements contained in AD 89-21-01 for inspecting and servicing the 
main rotor swashplate are no longer necessary 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.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the one comment received. The commenter suggests that current 
maintenance instructions are adequate and that no

[[Page 11309]]

change to the AD is necessary. The FAA concurs with the comment; 
however, this change to the AD is necessary to clarify the correct 
maintenance action.
    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require adopting the rule as proposed except the labor rate is 
now estimated to be $65 per work hour rather than $60 as stated in the 
proposal. The FAA has determined that this change will only minimally 
increase the economic burden on any operator ($60 per year per 
helicopter) and will not increase the scope of the AD.
    The FAA estimates that this AD will affect 587 helicopters of U.S. 
registry and that it will take approximately 2 work hours per 
helicopter to accomplish at an average labor rate of $65 per work hour. 
Based on these figures, we estimate the total cost impact of the AD on 
U.S. operators to be $457,860.
    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 at the FAA, 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 removing Amendment 39-6562 (55 FR 12332, 
April 3, 1990) and by adding a new airworthiness directive (AD), to 
read as follows:

2004-05-23 Eurocopter France: Amendment 39-13518, 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, 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 4: 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 will not be issued.
    (d) This amendment becomes effective on April 14, 2004.

    Issued in Fort Worth, Texas, on March 2, 2004.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 04-5333 Filed 3-9-04; 8:45 am]
BILLING CODE 4910-13-P