[Federal Register Volume 72, Number 114 (Thursday, June 14, 2007)]
[Rules and Regulations]
[Pages 32787-32788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11410]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20863; Directorate Identifier 2004-SW-36-AD; 
Amendment 39-15100; AD 2007-12-22]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS350B, BA, B1, 
B2, B3, D, and AS355E Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
the specified Eurocopter France (ECF) model helicopters that requires 
replacing the hydraulic fluid at a specified time interval when 
operating in cold weather. This amendment is prompted by reports of ice 
forming due to condensation in some parts of the hydraulic system 
during cold weather operation. The actions specified by this AD are 
intended to prevent ice from forming in the hydraulic system resulting 
in an unintended movement of the flight controls and subsequent loss of 
control of the helicopter.

DATES: Effective July 19, 2007.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 19, 2007.

ADDRESSES: You may get the service information identified in this AD 
from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, 
Texas 75053-4005, telephone (972) 641-3460, fax (972) 641-3527.
    Examining the Docket: You may examine the docket that contains this 
AD, any comments, and other information on the Internet at http://dms.dot.gov, or at the Docket Management System (DMS), U.S. Department 
of Transportation, 400 Seventh Street SW., Room PL-401, on the plaza 
level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5355, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to 
include an AD for the specified model helicopters was published in the 
Federal Register on April 7, 2005 (70 FR 17621). That action proposed 
replacing the hydraulic fluid at a specified time interval when 
operating in cold weather.
    The Direction Generale de l'Aviation Civile (DGAC), the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on the specified ECF Model AS350 and AS355 
helicopters. The DGAC advises of the formation of ice in some parts of 
the hydraulic system during flights in cold weather and when the 
hydraulic fluid is highly contaminated by water.
    ECF has issued Alert Service Bulletin Nos. 05.00.43 and 05.00.45, 
both dated April 8, 2004, which specify provisions for replacing 
hydraulic fluid in cold weather. The DGAC classified these service 
bulletins as mandatory and issued AD Nos. F-2004-055 and F-2004-056, 
both dated April 28, 2004, to ensure the continued airworthiness of 
these helicopters in France.
    These helicopter models are manufactured in France and are 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 us informed of the 
situation described above. We have examined the findings of the DGAC, 
reviewed all available information, and determined that AD action is 
necessary for products of these type designs that are certificated for 
operation in the United States.
    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 one commenter states that the ASB is adequate until Eurocopter 
sorts out the moisture problem, and changing the fluid every 100 hours 
or 30 days is wasteful and not necessary, and such action will not get 
all the moisture out of the system. Therefore, an AD should not be 
issued.
    The FAA does not agree. The ASB is not adequate until Eurocopter 
sorts out the moisture problem. Generally, part 91 operators are not 
required to follow an ASB; however, they are required to follow an AD. 
An AD is issued to address an unsafe condition. This AD requires 
replacing the hydraulic fluid at the specified intervals to prevent ice 
from forming in the hydraulic system resulting in an unintended 
movement of the flight controls and subsequent loss of control of the 
helicopter. The ASB was written in association with the airworthiness 
authority in France (DGAC) to address the problem of moisture in the 
hydraulic fluid resulting in feedback in the system during operations 
in cold temperatures in Canada. Moisture that is absorbed into the 
hydraulic fluid is not a function of the type of fluid. Moisture is 
absorbed into the hydraulic fluid due to heating and cooling of the 
fluid in the reservoir because the reservoir is vented to atmospheric 
pressure (humidity). It is not a closed system. Moisture may occur with 
either MIL-H-83282 or MIL-H-5606 fluid. Normally, there is not enough 
moisture in the system to cause any problems but occasionally there is 
enough to cause some feedback in the cyclic control (due to ice 
crystals forming in cold weather). MIL-H-83282 hydraulic fluid is the 
preferred fluid and MIL-H-5606 is an alternate. In many climates, the 
operator cannot use the MIL-H-5606 fluid because it has a lower flash 
point than the MIL-H-83282 fluid. Therefore, MIL-H-5606 fluid can only 
be used in colder environments. As a result, the option for the 
alternate fluid is limited to colder environments.
    An ECF ASB is written in association with an AD issued by a foreign 
authority (European Aviation Safety Agency (EASA) or DGAC). The foreign 
ASB is in place when the AD is published to require that operators 
comply with the manufacturer's ASB. The FAA AD follows the requirements 
placed on other parts of the world by the foreign authority (state of 
design) if the FAA agrees with those requirements.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed except for a 
change in paragraph (b) of the AD to add additional contact information 
and to revise the total cost impact; we have used a labor rate of $80 
instead of $65. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.
    We estimate that this AD will affect 556 helicopters of U.S. 
registry, and the required actions will take about:
     2 work hours to replace the hydraulic fluid per helicopter 
at an average labor rate of $80 per work hour; and

[[Page 32788]]

     $6 for hydraulic fluid each time it is changed.
    Based on these figures, we estimate the total cost impact of the AD 
on U.S. operators to be $92,296, assuming two fluid replacements per 
year for 50 percent of the helicopter fleet.

Regulatory Findings

    We have 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 that the 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. 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. See the DMS to examine the economic evaluation.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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:

2007-12-22 Eurocopter France: Amendment 39-15100. Docket No. FAA-
2005-20863; Directorate Identifier 2004-SW-36-AD.

Applicability

    Model AS350B, BA, B1, B2, B3, D and AS355E helicopters, 
certificated in any category.

Compliance

    Required as indicated.
    To prevent ice from forming in the hydraulic system resulting in 
an unintended movement of the flight controls and subsequent loss of 
control of the helicopter, do the following:
    (a) If the outside air temperature in an FAA weather briefing is 
forecast to be below negative 15 degrees Celsius (5 degrees 
Fahrenheit) at or below your planned flight altitude and the 
hydraulic fluid has not been replaced within the past 100 hours 
time-in-service or within the past 30 days, whichever occurred 
first, before further flight, replace the hydraulic fluid. Replace 
the hydraulic fluid by following the Accomplishment Instructions, 
paragraphs 2.A. and 2.B., of Eurocopter Alert Service Bulletin Nos. 
05.00.43 or 05.00.45, both dated April 8, 2004, as applicable.
    (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 Directorate, FAA, 
ATTN: Ed Cuevas, Aviation Safety Engineer, Fort Worth, Texas 76193-
0111, telephone (817) 222-5355, fax (817) 222-5961, for information 
about previously approved alternative methods of compliance.
    (c) Special flight permits will not be issued.
    (d) Replacing the hydraulic fluid must be done by following 
Eurocopter Alert Service Bulletin Nos. 05.00.43 or 05.00.45, both 
dated April 8, 2004, as applicable. The Director of the Federal 
Register approved this incorporation by reference in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, 
Texas 75053-4005, telephone (972) 641-3460, fax (972) 641-3527. You 
may review copies at the FAA, Office of the Regional Counsel, 
Southwest Region, 2601 Meacham Blvd., Room 63, 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/code_of_federal_regulations/ibr_locations.html.
    (e) This amendment becomes effective on July 19, 2007.

    Note: The subject of this AD is addressed in Direction Generale 
de l'Aviation Civile (France) AD Nos. F-2004-055 and F-2004-056, 
both dated April 28, 2004.


    Issued in Fort Worth, Texas, on May 25, 2007.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E7-11410 Filed 6-13-07; 8:45 am]
BILLING CODE 4910-13-P