[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Rules and Regulations]
[Pages 71530-71532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27610]


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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; 
Amendment 39-15744; AD 2008-24-04]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD) for the specified Eurocopter France (Eurocopter) model 
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 a pump or MGB with any 
hours time-in-service (TIS) can be installed, it must meet the AD 
requirements. This AD adds all serial-numbered pumps to the 
applicability and requires using an improved procedure for detecting 
oil pump wear. This amendment is prompted by additional cases of MGB 
lubrication pump deterioration and a further investigation that 
determined that all serial-numbered pumps might be affected and the 
development of an improved procedure that is more accurate for 
detecting oil pump wear earlier. The actions specified by this AD are 
intended to implement improved procedures to detect a failing MGB oil 
pump, 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: Effective December 30, 2008.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 30, 2008.

ADDRESSES: You may get the service information identified in this AD 
from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, 
TX 75053-4005, telephone (972) 641-3460, fax (972) 641-3527, or at 
http://www.eurocopter.com.
    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: 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 by 
superseding AD 2003-21-09 R1, Docket No. 2003-SW-10-AD, Amendment 39-
14621 (71 FR 31070, June 1, 2006), for the specified Eurocopter model 
helicopters was published in the Federal Register on July 13, 2007 (72 
FR 38529). That notice of proposed rulemaking (NPRM) proposed retaining 
the requirements in AD 2003-21-09 R1 and adding certain part-numbered 
pumps to the applicability. After we issued the NPRM, the manufacturer 
developed an improved procedure for monitoring the condition of the MGB 
lubrication pump. Also, a commenter to the NPRM agreed that the 
improved procedure is a better way to detect MGB oil pump problems 
because ``sludge on the chip plug can come from sources within the MGB 
oil system.'' We agreed with the commenter that the improved procedure 
is a better way to detect MGB oil pump problems because this process 
reflects the progressive inefficiency as the oil pump wears as it 
relates to steady oil temperature and variable outside air temperature 
(OAT) and issued a supplemental notice of

[[Page 71531]]

proposed rulemaking (SNPRM) on June 19, 2008 (73 FR 36821, June 30, 
2008). In addition to the proposals from the NPRM, the SNPRM proposed 
implementing the improved procedure for monitoring the condition of the 
MGB lubrication pump. No additional comments were received on the SNPRM 
or the FAA's determination of the cost to the public, and we have 
determined that air safety and the public interest require the adoption 
of the rule as proposed in the SNPRM.
    The European Aviation Safety Agency (EASA), the Technical Agent for 
the Member States of the European Community, notified the FAA that an 
unsafe condition may exist on the specified Eurocopter model 
helicopters. EASA advises that Eurocopter has developed an improved 
procedure for monitoring the condition of the MGB lubrication pump.
    Eurocopter has issued Alert Service Bulletin No. 05.00.51, dated 
July 9, 2007 (ASB), specifying the improved procedure. EASA has issued 
EASA Emergency AD No. 2007-0209E, dated August 6, 2007, in response to 
the ASB. 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, EASA has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of EASA, 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.
    We estimate that this AD will affect 80 helicopters of U.S. 
registry, and the actions will take about:
     15 minutes to perform the procedures to check the 
condition of the MGB oil and chip detector plug,
     4 work hours to remove the MGB and pump,
     1 work hour to inspect the pump under the 10-hour, 25-
hour, and 110-hour time-in-service (TIS) procedures,
     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 total cost impact of the AD 
on U.S. operators to be $107,040 per year, assuming (a) One overhauled 
MGB and pump is replaced on one helicopter per year, (b) all 80 
helicopters operate for 10 days undergoing 10 daily checks and 2 10-
hour TIS inspections, and (c) each of the 80 helicopters operate for 
260 hours per year with 20 helicopters receiving the repetitive 25-hour 
TIS inspection or 10.4 inspections per helicopter per year (260/25) for 
a total of 208 inspections (20 * 10.4) and 60 helicopters receiving the 
repetitive 110-hour TIS inspection or 2.36 inspections per helicopter 
per year (260/110) for a total of 142 inspections (60 * 2.36).

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 removing Amendment 39-14621 (71 FR 
31070, June 1, 2006), and by adding a new airworthiness directive (AD), 
Amendment 39-15744, to read as follows:

2008-24-04 Eurocopter France: Amendment 39-15744. 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.

    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.
    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 No. 05.00.40, 
Revision 1, dated

[[Page 71532]]

January 5, 2006, and Emergency ASB No. 05.00.40, Revision 2, dated 
December 20, 2006, pertain to the subject of this AD.

    (d) Within 25 hours TIS, unless accomplished previously, after 
operating both engines at normal operating revolutions per minute 
(RPM) for at least 20 minutes to ensure the MGB oil temperature has 
stabilized, inspect the oil pump for wear by following the 
Accomplishment Instructions, paragraph 2.B.2., steps 1. through 6., 
of Eurocopter Alert Service Bulletin No. 05.00.51, dated July 9, 
2007 (ASB). This AD does not require you to send the information to 
the manufacturer.
    (1) Record the outside air temperature (OAT) and rotor speed (NR 
RPM) and plot the point at which they intersect using the graph in 
Figure 1 or 2 of the ASB.
    (2) If the point on the graph at the intersection of the 
recorded OAT and the NR RPM falls within:
    (i) Zone 3--Before further flight, replace the MGB and pump with 
an airworthy MGB and pump.
    (ii) Zone 2--At intervals not to exceed 25 hours TIS, repeat the 
inspection procedures by following the Accomplishment Instructions, 
paragraph 2.B.2, steps 1 through 6, of the ASB. After being 
classified in ``Zone 2,'' you must obtain two successive inspections 
separated by at least 24 hours TIS that fall within Zone 1 before 
you can begin to inspect at intervals not to exceed 110 hours TIS by 
following paragraph (d)(2)(iii) of this AD for Zone 1.

    Note 2: In addition to a worn oil pump, the loss of oil pressure 
could also be due to a clogged oil filter or cooler, a pinched hose, 
or an inaccurate pressure switch.

    (iii) Zone 1--At intervals not to exceed 110 hours TIS, repeat 
the inspection procedures by following the Accomplishment 
Instructions, paragraph 2.B.2., steps 1 through 6, of the ASB.
    (3) Compliance with paragraphs (d)(1) and (d)(2) of this AD 
constitutes terminating action for the checks and inspections 
required by paragraphs (a), (b), and (c) of this AD.
    (e) 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, FAA, ATTN: Ed Cuevas, 
Aviation Safety Engineer, Rotorcraft Directorate, Fort Worth, Texas 
76193-0111, telephone (817) 222-5355, fax (817) 222-5961.
    (f) Do the oil pump inspections by following the specified 
portions of Eurocopter Alert Service Bulletin No. 05.00.51, dated 
July 9, 2007. 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, TX 75053-4005, 
telephone (972) 641-3460, fax (972) 641-3527, or at http://www.eurocopter.com. 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.
    (g) This amendment becomes effective on December 30, 2008.

    Note 3: The subject of this AD is addressed in European Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Community, Emergency AD No. 2006-0378-E, 
dated December 21, 2006, and AD No. 2007-0209E, dated August 6, 
2007.


    Issued in Fort Worth, Texas on November 7, 2008.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-27610 Filed 11-24-08; 8:45 am]
BILLING CODE 4910-13-P