[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Proposed Rules]
[Pages 21553-21555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8641]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0430; Directorate Identifier 2007-SW-42-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter France Model AS332 C, L, L1, 
and L2 Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
specified Eurocopter France (ECF) model helicopters. This proposed AD 
results from mandatory continuing airworthiness information (MCAI) 
originated by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The aviation 
authority of France, with which we have a bilateral agreement, states 
in the MCAI:


[[Page 21554]]


    This Airworthiness Directive (AD) is issued following two cases 
of LH hydraulic power system loss on two AS332 helicopters. In both 
cases, the pilot received the ``low level'' hydraulic failure alarm. 
The investigations conducted on the two helicopters revealed a 
hydraulic fluid leak from the hydraulic pump casing.
    In both cases, incorrect position of the liner of the 
compensating piston had caused the seals to deteriorate. This 
incorrect positioning of the liner is due to non-compliant 
application of the repair process by a repair station.
    Deterioration of hydraulic pumps causes:

--The loss of the RH and LH hydraulic power systems in the event of 
a substantial hydraulic fluid leak from both hydraulic pumps during 
a given flight.
--The loss of the hydraulic system concerned, in the event of a 
substantial hydraulic fluid leak from only one pump.

The proposed AD would require actions that are intended to address this 
unsafe condition.

DATES: We must receive comments on this proposed AD by May 22, 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 proposed 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 decisionmaking responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0430; 
Directorate Identifier 2007-SW-42-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

Discussion

    The Direction Generale de L'Aviation Civile (DGAC), the aviation 
authority for France, has issued French Airworthiness Directive No. F-
2007-010, dated September 12, 2007 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for this French-certificated 
product. The MCAI states:

    This Airworthiness Directive (AD) is issued following two cases 
of LH hydraulic power system loss on two AS332 helicopters. In both 
cases, the pilot received the ``low level'' hydraulic failure alarm. 
The investigations conducted on the two helicopters revealed a 
hydraulic fluid leak from the hydraulic pump casing.
    In both cases, incorrect position of the liner of the 
compensating piston had caused the seals to deteriorate. This 
incorrect positioning of the liner is due to non-compliant 
application of the repair process by a repair station.
    Deterioration of hydraulic pumps causes:

--The loss of the RH and LH hydraulic power systems in the event of 
a substantial hydraulic fluid leak from both hydraulic pumps during 
a given flight.
--The loss of the hydraulic system concerned, in the event of a 
substantial hydraulic fluid leak from only one pump.

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

Relevant Service Information

    Eurocopter France has issued Alert Service Bulletin No. 01.00.73, 
dated August 23, 2007 (ASB). The actions described in the MCAI are 
intended to correct the same unsafe condition as that identified in the 
ASB.

FAA's Determination and Proposed Requirements

    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 and service 
information. We are proposing this AD because we evaluated all 
pertinent information and determined an unsafe condition exists and is 
likely to exist or develop on other products of the same type design.

Differences Between This AD and the MCAI

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. However, we have made the 
following changes:
     We do not require the operator to return the hydraulic 
pump to the manufacturer nor any action on non-installed hydraulic 
pumps.
     We changed ``flying hours'' to ``hours time-in-service.''
    In making these changes, we do not intend to differ substantively 
from the information provided in the MCAI. These differences are 
highlighted in the ``Differences Between the FAA and the MCAI'' section 
in the proposed AD.

Costs of Compliance

    We estimate that this proposed AD would affect 4 helicopters of 
U.S. registry. We also estimate that it would take 2.5 work-hours to 
inspect and replace one hydraulic pump. The average labor rate is $80 
per work-hour. Each pump would cost about $26,000 and require two 
hydraulic pumps per helicopter. Based on these figures, we estimate the 
cost of the proposed AD on U.S. operators to be $209,600 to replace all 
the hydraulic pumps on the U.S. fleet.

[[Page 21555]]

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 proposed AD would not have federalism 
implications under Executive Order 13132. 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 this 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 an economic evaluation of the estimated costs to comply 
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

Eurocopter France: Docket No. FAA-2008-0430; Directorate Identifier 
2007-SW-42-AD.

Comments Due Date

    (a) We must receive comments by May 22, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models AS332C, L, L1, and L2 helicopters, 
with a hydraulic pump made by Messier-Bugatti, part number C24160-X, 
C24160-XXX, C241600XX, C241600XX-X, and C241600XX-XXX, with a serial 
number without the suffix letter ``V'', listed in paragraph 1.A.1., 
of Eurocopter France Emergency Alert Service Bulletin 01.00.73, 
dated August 23, 2007 (ASB) installed, certificated in any category.

    Note: The letter ``V'' is a suffix marked after the serial 
number on the pump's identification plate to signify that the pump 
has been determined to conform to the approved design data.

Reason

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

    This Airworthiness Directive (AD) is issued following two cases 
of LH hydraulic power system loss on two AS332 helicopters. In both 
cases, the pilot received the ``low level'' hydraulic failure alarm. 
The investigations conducted on the two helicopters revealed a 
hydraulic fluid leak from the hydraulic pump casing.
    In both cases, incorrect position of the liner of the 
compensating piston had caused the seals to deteriorate. This 
incorrect positioning of the liner is due to non-compliant 
application of the repair process by a repair station.
    Deterioration of hydraulic pumps causes:

--The loss of the RH and LH hydraulic power systems in the event of 
a substantial hydraulic fluid leak from both hydraulic pumps during 
a given flight.
--The loss of the hydraulic system concerned, in the event of a 
substantial hydraulic fluid leak from only one pump.

Actions and Compliance

    (e) Unless already done, do the following actions:
    (1) Within 15 hours time-in-service (TIS), determine the part 
number and serial number of the installed hydraulic pumps. If the 
serial numbers of both the hydraulic pumps are listed in paragraph 
1.A.1. of the ASB, before further flight, replace at least one of 
the pumps with an airworthy pump with a serial number other than one 
listed in paragraph 1.A.1. of the ASB or one with a serial number 
containing the letter ``V''. Replace the pump by following the 
Accomplishment Instructions, paragraph 2.B. of the ASB, except this 
AD does not require you to return the hydraulic pump to the 
manufacturer.
    (2) Within the next 12 months, replace all remaining hydraulic 
pumps having a serial number listed in paragraph 1.A.1. of the ASB 
by following the Accomplishment Instructions, paragraph 2.B. of the 
ASB, except this AD does not require you to return the hydraulic 
pump to the manufacturer.

Differences Between the FAA AD and the MCAI

    (f) We do not require the operator to return the hydraulic pump 
to the manufacturer nor do we require any action on non-installed 
hydraulic pumps. Also, we changed ``flying hours'' to ``hours time-
in-service.''

Subject

    (g) Air Transport Association of America (ATA) Code: 2913 
Hydraulic Pump.

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, 
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 Airworthiness Directive No. F-2007-010, dated September 
12, 2007, contains related information.

    Issued in Fort Worth, Texas, on April 3, 2008.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-8641 Filed 4-21-08; 8:45 am]
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