FR Doc E8-1028

[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Rules and Regulations]
[Page 4055-4057]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja08-4]

[[Page 4055]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0044; Directorate Identifier 2007-SW-40-AD;
Amendment 39-15341; AD 2008-02-11]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Model SA332C, L, L1,
and L2 Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
specified Eurocopter France (ECF) model helicopters. This AD results
from mandatory continuing airworthiness information (MCAI) originated
by an aviation authority to identify and correct an unsafe condition on
an aviation product. The European Safety Agency (EASA), the Technical
Agent for France, with which we have a bilateral agreement, states in
the MCAI:

This Airworthiness Directive (AD) is issued following the
failure of an attachment bolt securing the main rotor RH servo-
control to the non-rotating swash-plate.
Failure of the servo-control/swash-plate attachment in flight
leads to a catastrophic situation.
This AD requires actions that are intended to address this same
unsafe condition.

DATES: This AD becomes effective February 8, 2008.
The Director of the Federal Register approved the incorporation by
reference of Eurocoper Alert Service Bulletin No. 67.00.36, dated
October 9, 2006, as of February 8, 2008.
We must receive comments on this AD by March 24, 2008.

ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the instructions for submitting comments.

Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov
or in person at the Docket Operations office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the economic evaluation, any
comments received, and other information. The street address for the
Docket Operations office (telephone (800) 647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Uday Garadi, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort
Worth, Texas 76193-0110, telephone (817) 222-5123, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.

Discussion

The European Aviation Safety Agency (EASA), which is the technical
agent for the Member States of the European Community, has issued
Airworthiness Directive No. 2006-0306-E, dated October 10, 2006, to
correct an unsafe condition for the French-certificated products. The
MCAI states:

You may obtain further information by examining the MCAI and
service information in the AD docket.

Relevant Service Information

ECF has issued Alert Service Bulletin No. 67.00.36, dated October
9, 2006. The actions described in the MCAI are intended to correct the
same unsafe condition as that identified in the service information.

FAA's Determination and Requirements of This AD

This product has been approved by the aviation authority of the
member states of the European community and is approved for operation
in the United States. Pursuant to our bilateral agreement with France,
the State of Design, a member of the European community, we have been
notified of the unsafe condition described in the MCAI and service
information. We are issuing this AD because we evaluated all pertinent
information and determined the unsafe condition exists and is likely to
exist or develop on other products of these same type designs.

Differences Between the AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in
general, agree with their substance. However, our AD differs from the
MCAI and service information as follows: We have changed the word
``check'' to ``inspect'' to more clearly indicate that we are requiring
the work to be performed by a certificated mechanic. Also, this AD does
not require that the operator send the information to the manufacturer
as specified in the ASB. In making these changes, we do not intend to
differ substantively from the information provided in the MCAI and
related service information. These differences are highlighted in the
``Differences Between the FAA AD and the MCAI'' section within the AD.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
EASA AD was issued following the failure of an attachment bolt securing
the main rotor right-hand servo-control or swash plate attachment in
flight, which can lead to a complete loss of control of the helicopter.
Therefore, we determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in fewer than 30 days.

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Comments Invited

This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2008-0044; Directorate
Identifier 2007-SW-40-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

We estimate that this AD will affect 4 helicopters of U.S. registry
and will take about 3 work hours to inspect the bolts. The average
labor rate is $80 per work-hour. Required parts will cost about $600
for three bolts per helicopter. Based on these figures, we estimate the
total cost to be $3,360.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

We determined that this AD will not have federalism implications
under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify this AD:
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. 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.
We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new AD:

2008-02-11 Eurocopter France: Amendment 39-15341. Docket No. FAA-
2008-0044; Directorate Identifier 2007-SW-40-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective February
8, 2008.

Other Affected ADs

(b) None.

Applicability

Reason

(d) The mandatory continued airworthiness information (MCAI)
states:

Actions and Compliance

(e) Within 15 hours time-in-service (TIS), unless already done,
do the following actions:
(1) For each swashplate attachment bolt, part number 332A31-
1340-21, having 500 or more hours time-in-service, inspect for
tightening torque, wear, and a crack in each of these three bolts
that attach the main servo controls to the nonrotating swashplate.
Do this inspection by following the Accomplishment Instructions,
paragraph 2.B. and Figure 1, of Eurocopter Alert Service Bulletin
No. 67.00.36, dated October 9, 2006 (ASB).
(2) If there is a crack in a bolt or if the differential wear on
a bolt between areas F, G, and H (as depicted in Figure 1 of the
ASB) is more than 0.005 millimeter, replace the bolt with an
airworthy bolt before further flight.

Differences Between the FAA AD and the MCAI

(f) We have changed the word ``check'' to ``inspect'' to more
clearly indicate that we are requiring the work to be performed by a
certificated mechanic. Also, this AD does not require that the
operator send the information to the manufacturer as specified in
the ASB.

Subject

(g) Air Transport Association of America (ATA) Code 6700 Rotor
Flight Controls.

Other Information

(h) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN: Uday Garadi, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort
Worth, Texas 76193-0110, telephone (817) 222-5123, fax (817) 222-
5961.
(2) Airworthy Product: Use only FAA-approved corrective actions.
Corrective actions are considered FAA-approved if they are approved
by the State of Design Authority (or their delegated agent) if the
State of Design has an appropriate bilateral agreement with the
United States. You are required to assure the product is airworthy
before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

(i) MCAI European Aviation Safety Agency (EASA) Airworthiness
Directive No. 2006-0306-E, dated October 10, 2006, contains related
information.
(j) The Director of the Federal Register approved the
incorporation by reference of this Eurocopter Alert Service Bulletin
No. 67.00.36, dated October 9, 2006, under 5 U.S.C. 552(a) and 1 CFR
part 51.
(k) For service information identified in this AD, contact
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie,
Texas 75053-4005, telephone (972) 641-3460, fax (972) 641-3527.

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(l) You may review copies of Eurocopter Alert Service Bulletin
No. 67.00.36, dated October 9, 2006, at the FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.

Issued in Fort Worth, Texas, on December 27, 2007.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-1028 Filed 1-23-08; 8:45 am]

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