[Federal Register Volume 72, Number 134 (Friday, July 13, 2007)]
[Proposed Rules]
[Pages 38529-38532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13624]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28691; Directorate Identifier 2006-SW-22-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS355E, F, F1, 
F2, and N Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes superseding an existing airworthiness 
directive (AD) for the specified Eurocopter France (ECF) helicopters. 
That AD currently requires certain checks of the magnetic chip detector 
plug (chip detector) and the main gearbox (MGB) oil-sight glass, 
certain inspections of the lubrication pump (pump), and replacing the 
MGB and the pump with an airworthy MGB and pump, if necessary. Also, 
the AD requires that before an MGB or pump with any hours time-in-
service (TIS) can be installed, it must meet the AD requirements. This 
action would retain those requirements but would add all serial-
numbered pumps to the applicability. This proposal is prompted by 
additional cases of MGB lubrication pump deterioration and a further 
investigation that determined that all serial-numbered pumps might be 
affected. The actions specified by the proposed AD are intended to 
detect sludge on the chip detector and dark oil in the MGB, to prevent 
failure of the MGB pump, seizure of the MGB, loss of drive to an engine 
and main rotor, and subsequent loss of control of the helicopter.

DATES: Comments must be received on or before September 11, 2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically;
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically;
     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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays; or
     Fax: 202-493-2251.
     You may get the service information identified in this 
proposed AD from American Eurocopter Corporation, 2701 Forum Drive, 
Grand Prairie, Texas 75053-4005, telephone (972) 641-3460, fax (972) 
641-3527.
    You may examine the comments to this proposed AD in the AD docket 
on the Internet at http://dms.dot.gov.

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: 

Comments Invited

    We invite you to submit any written data, views, or arguments 
regarding this proposed AD. Send your comments to the address listed 
under the caption ADDRESSES. Include the docket number ``FAA-2007-
28691, Directorate Identifier 2006-SW-22-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed rulemaking. Using the search 
function of our docket Web site, you can find and read the comments to 
any of our dockets, including the name of the individual who sent or 
signed the comment. You may review the DOT's complete Privacy Act 
Statement in the

[[Page 38530]]

Federal Register published on April 11, 2000 (65 FR 19477-78) or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the docket that contains the proposed AD, any 
comments, and other information in person at the Docket Operations 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Operations office (telephone (800) 647-5527) is 
located in Room W12-140 on the ground floor of the West Building at the 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    On May 24, 2006, we issued AD 2003-21-09 R1, Amendment 39-14621 (71 
FR 31070, June 1, 2006), to revise AD 2003-21-09. The revised AD 
required the same actions as AD 2003-21-09 but limited the 
applicability to ECF helicopters with a pump, part number (P/N) 355A32-
0700-01, with a serial number (S/N) 5731 or higher or with a S/N below 
5731 if the pump has been overhauled or repaired after June 1, 1995. AD 
2003-21-09 R1 was prompted by an investigation that revealed a 
malfunction occurred after modifying the pump case on certain pumps and 
after major overhaul and repairs. The requirements of that AD limited 
the applicability to certain pumps and were intended to detect sludge 
on the chip detector and dark oil in the MGB, to prevent failure of the 
MGB pump, seizure of the MGB, loss of drive to an engine and main 
rotor, and subsequent loss of control of the helicopter.
    Since issuing that AD, ECF has issued Revision 1 to Alert Service 
Bulletin (ASB) No. 05.00.40, dated January 5, 2006, which adds pumps, 
P/N 355A32-0700-01, with a S/N SAR 1, SAR 2, or SAR 5 to its 
effectivity. Also, Eurocopter has issued Emergency ASB No. 05.00.40, 
Revision 2, dated December 20, 2006, which supersedes the instructions 
in Revision 1 and extends the effectivity of these instructions to all 
serial-numbered pumps, P/N 355A32-0700-01, 355A32-0700-02, and 355A32-
0701-00. Revision 2 states that a further incident of MGB pump 
malfunction has been reported since the original four cases and shows 
that the machining modification of the earlier pumps is not the only 
reason for early deterioration of the oil pumps. The DGAC classified 
these ASBs as mandatory and issued AD No. F-2006-027, Revision A, dated 
February 1, 2006, and Emergency AD No. 2006-0378-E, effective December 
27, 2006, which supersedes and cancels AD No. F-2006-027.
    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 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 these type designs 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 designs. Therefore, the 
proposed AD would supersede AD 2003-21-09 R1 and retain the 
requirements in that AD but would also require adding pumps, P/N 
355A32-0700-01, 355A32-0700-02, and 355A32-0701-00, any S/N, to the 
applicability.
    The FAA estimates that this proposed AD would affect 84 helicopters 
of U.S. registry, assuming they all have MGB pumps with applicable S/
Ns. It would take about:
     10 minutes to check the chip detector and the MGB oil 
sight glass,
     4 work hours to remove the MGB and pump,
     1 work hour to inspect the pump,
     4 work hours to install a serviceable MGB and pump at an 
average labor rate of $80 per work hour, and
     $4,000 for an overhauled pump and up to $60,000 for an 
overhauled MGB per helicopter.
    Based on these figures, we estimate the revised total cost impact 
of the AD on U.S. operators to be $355,920 per year, assuming 
replacement of one overhauled MGB and pump on one helicopter per year 
and a daily check on all helicopters for 260 days per year.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. Additionally, this proposed 
AD 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.
    For the reasons discussed above, I certify that the 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. 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 a draft economic evaluation of the estimated costs to 
comply with this proposed AD. See the DMS to examine the draft 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, 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 removing Amendment 39-14621 (71 FR 
31070, June 1, 2006), and by adding a new airworthiness directive (AD), 
to read as follows:

Eurocopter France: Docket No. FAA-2007-28691; Directorate Identifier 
2006-SW-22-AD. Supersedes AD 2003-21-09 R1, Amendment 39-14621, 
Docket No. 2003-SW-10-AD.


[[Page 38531]]


    Applicability: Model AS355E, F, F1, F2, and N helicopters, with 
a main gear box (MGB) lubrication pump (pump), part number (P/N) 
355A32-0700-01, 355A32-0700-02, or 355A32-0701-00, any serial number 
(S/N), certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect sludge on the chip detector and dark oil in the MGB, 
to prevent failure of the MGB pump, seizure of the MGB, loss of 
drive to an engine and main rotor, and subsequent loss of control of 
the helicopter, do the following:
    (a) Before the first flight of each day and at intervals not to 
exceed 10 hours time-in-service (TIS), check the MGB magnetic chip 
detector plug (chip detector) for any sludge. Also, check for dark 
oil in the MGB oil-sight glass. An owner/operator (pilot) holding at 
least a private pilot certificate may perform this visual check and 
must enter compliance into the aircraft maintenance records in 
accordance with 14 CFR 43.11 and 91.417(a)(2)(v). ``Sludge'' is a 
deposit on the chip detector that is typically dark in color and in 
the form of a film or paste, as compared to metal chips or particles 
normally found on a chip detector. Sludge may have both metallic or 
nonmetallic properties, may consist of copper (pinion bearing), 
magnesium (pump case), and steel (pinion) from the oil pump, and a 
nonmetallic substance from the chemical breakdown of the oil as it 
interacts with the metal.
    (b) Before further flight, if any sludge is found on the chip 
detector, remove, open, and inspect the pump.
    (c) Before further flight, if the oil appears dark in color when 
it is observed through the MGB oil-sight glass, take an oil sample. 
If the oil taken in the sample is dark or dark purple, before 
further flight, remove, open, and inspect the pump.

    Note 1: Eurocopter France Alert Service Bulletin (ASB) No. 
05.00.40, Revision 1, dated January 5, 2006, and Emergency ASB No. 
05.00.40, Revision 2, dated December 20, 2006, pertain to the 
subject of this AD.

    (d) While inspecting the pump, if you find any of the following, 
replace the MGB and the pump with an airworthy MGB and pump before 
further flight:
    (1) Crank pin play,
    (2) Out of round bronze bushing in area ``A'' of Figure 1 of 
this AD,
    (3) Offset of the driven gear pinion,
    (4) Metal chips, or
    (5) Wear in area ``C'' of Figure 1 of this AD.

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[GRAPHIC] [TIFF OMITTED] TP13JY07.000



[[Page 38532]]


    Note 2: If wear is present in the B area only, as depicted in 
Figure 1, replacing the MGB and the pump is not required.

    (e) Before replacing an MGB with a pump to which this AD 
applies, accomplish the requirements of paragraphs (a), (b), and (c) 
of this AD.
    (f) 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, FAA, ATTN: Ed Cuevas, Fort Worth, Texas 76193-0111, 
telephone (817) 222-5355, fax (817) 222-5961, for information about 
previously approved alternative methods of compliance.

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD No. F-2006-027, dated 
February 1, 2006, and Emergency AD No. 2006-0378-E, dated December 
21, 2006.


    Issued in Fort Worth, Texas, on July 2, 2007.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E7-13624 Filed 7-12-07; 8:45 am]
BILLING CODE 4910-13-C