[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Rules and Regulations]
[Pages 13075-13076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4462]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28228; Directorate Identifier 2006-SW-08-AD; 
Amendment 39-15410; AD 2008-05-16]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model EC130 B4 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
Eurocopter France (ECF) Model EC130 B4 helicopters that requires, 
within 110 hours time-in-service (TIS), modifying and testing the 
wiring of the battery overheat sensing circuit. This amendment is 
prompted by a malfunction in the battery overheat sensing circuit found 
during a scheduled inspection. The actions specified by this AD are 
intended to correct the connection of the thermal switch to the cockpit 
indicator light, to notify the flight crew of an overheated battery, 
and to prevent a thermal runaway of the battery, an in-flight fire, and 
subsequent loss of control of the helicopter.

DATES: Effective April 16, 2008.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 16, 2008.

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://www.regulations.gov or at the Docket Operations Office, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Carroll Wright, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, 
Fort Worth, Texas 76193-0111, telephone (817) 222-5120, 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 May 21, 2007 (72 FR 28458). That action proposed to 
require, within 110 hours TIS, modifying and testing the wiring of the 
battery overheat sensing circuit.
    The Direction Generale De L'Aviation Civile (DGAC), the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on ECF Model EC130 B4 helicopters. The DGAC advises 
that a malfunction of the battery overheat sensing function, due to 
incorrect wiring of the battery overheat sensing circuit, was found 
during a scheduled maintenance. The DGAC also advises that failure of 
the battery overheat sensing function to operate could give rise to a 
fire in the event of thermal runaway of the battery.
    ECF has issued Alert Telex No. 24A001, dated December 20, 2005 
(AT). The AT specifies modifying and testing the battery overheat 
sensing circuit (MOD 073572) for batteries located in the right-hand 
side baggage compartment (not modified per OP-3685 or 073739) and for 
batteries in the tailboom (modified per OP-3685 or 073739). The DGAC 
classified this AT as mandatory and issued AD No. F-2006-010, dated 
January 4, 2006, to ensure the continued airworthiness of these 
helicopters in France.
    This helicopter model is manufactured in France and is 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 this type design that are certificated for 
operation in the United States.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposal or the FAA's determination of the cost to the public. The FAA 
has determined that air safety and the public interest require the 
adoption of the rule as proposed but with one editorial change. In the 
summary and the discussion paragraphs of the NPRM, we stated that the 
modification and retesting would be required within 100 hours TIS. In 
the compliance paragraph of the NPRM, we stated 110 hours TIS, which is 
correct. The 100-hour TIS compliance time is incorrect. We have 
corrected the compliance time in this final rule and determined that 
air safety and the public interest require adopting the rule as 
proposed with the changes

[[Page 13076]]

described previously. The FAA has determined that these changes will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.
    The FAA estimates that this AD will affect 68 helicopters of U.S. 
registry. Modifying and testing the overheat sensing circuit wiring 
will take about 1 work hour per helicopter at an average labor rate of 
$80 per work hour. Based on these figures, we estimate the total cost 
impact of the AD on U.S. operators to be $5440.

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 AD docket 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:

2008-05-16 Eurocopter France: Amendment 39-15410; Docket No. FAA-
2007-28228; Directorate Identifier 2006-SW-08-AD.

    Applicability: Model EC130 B4 helicopters not modified per MOD 
073572, with the battery in either the right-hand baggage 
compartment or the tailboom, certificated in any category.
    Compliance: Required within 110 hours time-in-service, unless 
accomplished previously.
    To correct the connection of the thermal switch to the cockpit 
indicator light, to notify the flight crew of an overheated battery, 
and to prevent a thermal runaway of the battery, an in-flight fire, 
and subsequent loss of control of the helicopter, do the following:
    (a) Modify the wiring of the battery overheat sensing circuit 
and test the battery overheat sensing indicator light by following 
the Accomplishment Instructions, paragraph 2.B.1. or 2.B.2., 
depending on the location of the battery, of Eurocopter Alert Telex 
No. 24A001, dated December 20, 2005.
    (b) Modifying and testing the battery overheat sensing circuit 
by following paragraph (a) of this AD is terminating action for the 
requirements of this AD.
    (c) 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, Rotorcraft Directorate, FAA, ATTN: Carroll 
Wright, Aviation Safety Engineer, Regulations and Policy Group, Fort 
Worth, Texas 76193-0111, telephone (817) 222-5120, fax (817) 222-
5961, for information about previously approved alternative methods 
of compliance.
    (d) Modifying the wiring of the battery overheat sensing circuit 
and testing the battery overheat sensing indicator light shall be 
done in accordance with the specified portions of Eurocopter Alert 
Telex No. 24A001, dated December 20, 2005. 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. Copies may be inspected 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/code_of_federal_regulations/ibr_locations.html.
    (e) This amendment becomes effective on April 16, 2008.

    Note: The subject of this AD is addressed in Direction Generale 
De L'Aviation Civile (France) AD No. F-2006-010, dated January 4, 
2006.


    Issued in Fort Worth, Texas, on February 26, 2008.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E8-4462 Filed 3-11-08; 8:45 am]
BILLING CODE 4910-13-P