[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Rules and Regulations]
[Pages 4683-4685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1019]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 73, No. 18 / Monday, January 28, 2008 / Rules 
and Regulations  

[[Page 4683]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0043; Directorate Identifier 2007-SW-31-AD; 
Amendment 39-15340; AD 2008-02-10]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS 355 F2 and 
AS 355 N Helicopters

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

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for 
Eurocopter France Model AS 355 F2 and AS 355 N 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 Aviation Safety Agency, 
the Technical Agent for France, with which we have a bilateral 
agreement, states in the MCAI:

    This emergency Airworthiness Directive (AD) is issued following 
a report of yaw control restricted travel in operation following the 
replacement of the load compensator. If not corrected, this 
condition could lead to the loss of control of the helicopter.

    This AD requires actions that are intended to address this unsafe 
condition.

DATES: This AD becomes effective February 12, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of Eurocopter Emergency Alert Service Bulletin No. 67.00.29, 
Revision 1, dated April 27, 2007, as of February 12, 2008.
    We must receive comments on this AD by March 28, 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: 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: 

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 EASA 
Airworthiness Directive 2007-0131-E, dated May 11, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for these 
French-certificated helicopters. The MCAI states:

    This emergency Airworthiness Directive (AD) is issued following 
a report of yaw control restricted travel in operation following the 
replacement of the load compensator. If not corrected, this 
condition could lead to the loss of control of the helicopter. 
Investigation revealed that the load compensator lever was 
incorrectly referenced in the Illustrated Parts Catalog (IPC). 
Levers on helicopters Post-MOD 072065 (replacement of the load 
compensator hydraulic actuator) should be Part Number (P/N) 355A27-
0082-00 and levers on helicopters Pre-MOD 072065 should be P/N 
355A27-0072-00. This AD mandates inspection to identify the load 
compensator lever and the hydraulic actuator assembly installed on 
helicopters, to verify their compatibility and replacement of 
improper P/Ns when an incompatibility is found.

The installation of an incompatible load compensator lever in a Pre-Mod 
072065 helicopter may cause control travel restrictions while the 
installation of an incompatible load compensator lever in a Post-Mod 
072065 helicopter may cause increased control loads in the yaw control 
pedals. You may obtain further information by examining the MCAI and 
service information in the AD docket.

Relevant Service Information

    Eurocopter has issued Emergency Alert Service Bulletin (ASB) No. 
67.00.29, Revision 1, dated April 27, 2007. 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 France, 
and is approved for operation in the United States. Pursuant to our 
bilateral agreement with this State of Design Authority, we have been 
notified of the unsafe condition described in the MCAI

[[Page 4684]]

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 the same type 
design.

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, the requirements of this 
AD must be accomplished within 10 hours TIS after the effective date of 
this AD. The MCAI requires accomplishment before next flight. 
Additionally, this AD requires that components with bore diameters 
outside the tolerances specified in the ASB be replaced with airworthy 
components with bore diameters within the specified tolerances instead 
of contacting the manufacturer for a ``suitable repair solution.''
    These differences are highlighted in the ``Differences Between the 
FAA AD and the MCAI'' section in 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 
installation of an incompatible load compensator lever may result in 
restricted yaw control travel or increased control loads in the yaw 
control pedals and the incompatibility must be corrected within 10 
hours TIS. 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.

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-2008-0043; Directorate 
Identifier 2007-SW-31-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 about 36 products of U.S. 
registry. We also estimate that it will take about .25 work-hour to 
inspect the helicopter and 10 work-hours to replace a load compensator 
lever, if needed. The average labor rate is $80 per work-hour. Required 
parts will cost about $1,161 for a load compensator lever, P/N 355A27-
0072-00, or $862 for a load compensator lever, P/N 355A27-0082-00. 
Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $720 to inspect, or $20 per product, assuming no load 
compensation levers are replaced.

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:

2008-02-10 Eurocopter France: Amendment 39-15340. Docket No. FAA-
2008-0043; Directorate Identifier 2007-SW-31-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
12, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Eurocopter Model AS 355 F2 and AS 355 N 
helicopters, all serial numbers, certificated in any category.

Reason

    (d) The mandatory continued airworthiness information (MCAI) 
states:
    This emergency Airworthiness Directive (AD) is issued following 
a report of yaw control restricted travel in operation following the 
replacement of the load compensator. If not corrected, this 
condition could lead to the loss of control of the helicopter.
    Investigation revealed that the load compensator lever was 
incorrectly referenced in the Illustrated Parts Catalog (IPC). 
Levers on helicopters Post-MOD 072065 (replacement of the load 
compensator hydraulic actuator) should be Part Number (P/N) 355A27-
0082-00 and levers on helicopters Pre-MOD 072065 should be P/N 
355A27-0072-00. This AD mandates inspection to identify the load 
compensator lever and the hydraulic actuator assembly installed on 
helicopters, to verify their compatibility and replacement of 
improper P/Ns when an incompatibility is found.

Actions and Compliance

    (e) Unless already done, do the following:

[[Page 4685]]

    (1) Within the next 10 hours time-in-service (TIS), determine 
the part number (P/N) and the compatibility of the load compensator 
lever (compensator level) and the hydraulic actuator assembly 
(hydraulic actuator) in accordance with the Accomplishment 
Instructions, paragraphs 2.B.1. through 2.B.2.c. of Eurocopter AS 
355 Emergency Alert Service Bulletin No. 67.00.29, Revision 1, April 
27, 2007 (ASB).

    Note: Instead of inspecting the rotorcraft, a review of the 
helicopter maintenance records along with any other applicable data 
(rotorcraft logbook, components list, etc.) is acceptable if each P/
N can be positively determined from that review.

    (2) For helicopters, Pre-Mod 072065, with an incompatible 
hydraulic actuator, P/N 355A75-1370-01 or P/N 355A75-1370-03, and 
compensator lever, P/N 355A27-0082-00:
    (i) If the helicopter has NOT been operated with compensator 
lever, P/N 355A27-0082-00, installed, replace the compensator lever 
before further flight with an airworthy compensator lever, P/N 
355A27-0072-00.
    (ii) If the helicopter has been operated with compensator lever, 
P/N 355A27-0082-00, installed, within the next 10 hours time-in-
service (TIS):
    (A) Remove the load compensator assembly and the compensator 
lever, measure the diameters of the bores, inspect the swivel 
bearings, replace the specified hydraulic actuator components and 
the incompatible compensator lever and install the load compensator 
assembly in accordance with the applicable steps in the 
Accomplishment Instructions, paragraph 2.B.3.b. of the ASB.
    (B) If the diameter of a bore is greater than the tolerances 
specified in the applicable steps in the Accomplishment 
Instructions, paragraph 2.B.3.b., of the ASB, replace each part that 
contains an out-of-tolerance bore diameter with an airworthy part 
that contains a bore diameter that is within the specified 
tolerances.
    (3) For helicopters, Post-MOD 072065, with an incompatible 
hydraulic actuator, P/N 355A75-1370-02 or P/N 355A75-1370-04, and 
compensator lever, P/N 355A27-0072-00:
    (i) If the helicopter has NOT been operated with compensator 
lever, P/N 355A27-0072-00, installed, replace the compensator lever 
before further flight with an airworthy compensator lever, P/N 
355A27-0082-00.
    (ii) If the helicopter has been operated with compensator lever, 
P/N 355A27-0072-00, installed, within the next 10 hours TIS, replace 
the compensator lever with an airworthy compensator lever, P/N 
355A27-0082-00, and inspect the bolts in accordance with the 
applicable steps in the Accomplishment Instructions, paragraph 
2.B.3.b.of the ASB.
    (f) No person shall install a:
    (1) Load compensator lever, P/N 355A27-0082-00, on any Model AS 
355 N or AS 355 F2 helicopter Pre-MOD 072065, with hydraulic 
actuator assembly, P/N 355A75-1370-01 or P/N 355A75-1370-03; or a
    (2) Load compensator lever, P/N 355A27-0072-00, on any Model AS 
355 N or AS 355 F2 helicopter Post-MOD 072065, with hydraulic 
actuator assembly, P/N 355A75-1370-02 or P/N 355A75-1370-04.

Differences Between the FAA AD and the MCAI

    (g) The requirements of this AD must be accomplished within 10 
hours TIS after the effective date of this AD. The MCAI requires 
accomplishment before next flight. Additionally, this AD requires 
that components with bore diameters outside the tolerances specified 
in the ASB be replaced with airworthy components with bore diameters 
within the specified tolerances instead of contacting the 
manufacturer for a ``suitable repair solution.''

Subject

    (h) Air Transport Association of America (ATA) Code 6730, 
Rotorcraft Servo System.

Other Information

    (i) 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: Ed Cuevas, Aviation Safety Engineer, FAA, 
Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5355, 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

    (j) MCAI European Aviation Safety Agency (EASA) Emergency 
Airworthiness Directive No. 2007-0131-E, dated May 11, 2007, 
contains related information.

Material Incorporated by Reference

    (k) The Director of the Federal Register approved the 
incorporation by reference of Eurocopter Emergency Alert Service 
Bulletin No. 67.00.29, Revision 1, dated April 27, 2007, under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (l) For the Eurocopter 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.
    (m) You may review copies of Eurocopter Emergency Alert Service 
Bulletin No. 67.00.29, Revision 1, dated April 27, 2007, 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 28, 2007.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E8-1019 Filed 1-25-08; 8:45 am]
BILLING CODE 4910-13-P