[Federal Register: May 6, 2008 (Volume 73, Number 88)]
[Rules and Regulations]               
[Page 24856-24858]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my08-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0489; Directorate Identifier 2007-SW-59-AD; 
Amendment 39-15507; AD 2008-10-01]
RIN 2120-AA64

 
Airworthiness Directives; Eurocopter France Model EC120B 
Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
Eurocopter France Model EC120B helicopters. This AD results from 
mandatory continuing airworthiness information (MCAI) originated by an 
aviation authority of another country to identify and correct an unsafe 
condition on a helicopter. The aviation authority of France, with which 
we have a bilateral agreement, states in the MCAI:

    This Airworthiness Directive (AD) follows upon the discovery of 
a batch of spherical thrust bearings which prove to be unfit for 
flight.

This AD requires actions that are intended to address the unsafe 
condition caused by the manufacture of a batch of spherical thrust 
bearings that are not airworthy because they were not manufactured in 
accordance with an approved type design. Failure of a spherical thrust 
bearing during flight could cause the main rotor (M/R) system to 
separate from the helicopter, which would be catastrophic.

DATES: This AD becomes effective on May 21, 2008.
    We must receive comments on this AD by July 7, 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.
    You may get the service information identified in this proposed AD 
from

[[Page 24857]]

American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 
75053-4005, telephone (972) 641-3460, fax (972) 641-3527.
    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: Gary Roach, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort 
Worth, Texas 76193-0111, telephone (817) 222-5130, 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 Direction generale de l'aviation civile France (DGAC), the 
Airworthiness Authority of the State of Design, has issued an MCAI for 
the affected helicopters in the form of DGAC Airworthiness Directive 
No. F-2006-040, dated February 15, 2006 (referred to after this as 
``the MCAI''), to correct an unsafe condition for this French-
certificated helicopter. The MCAI states:

    This Airworthiness Directive (AD) follows upon the discovery of 
a batch of spherical thrust bearings which prove to be unfit for 
flight.

These are critical parts that retain the main rotor to the M/R hub and 
flexes to allow the M/R blades to pitch. We were previously informed by 
the manufacturer that all affected spherical thrust bearings had been 
recovered by Eurocopter France. However, we recently learned that some 
affected spherical thrust bearings have not been recovered and may 
still be installed on some helicopters.

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

Relevant Service Information

    Eurocopter has issued Eurocopter Alert Telex No. 04A006, dated 
January 27, 2006. The actions described in the MCAI are intended to 
correct the same unsafe condition as that identified in the alert 
telex.

FAA's Determination and Requirements of This AD

    These helicopters have been approved by the aviation authority of 
France, and are approved for operation in the United States. Pursuant 
to our bilateral agreement with France, the State of Design, we have 
been notified of the unsafe condition described in the MCAI. 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 helicopters of the same type design.

Differences Between the AD and the MCAI

    We have reviewed the MCAI and agree with it. Therefore, there are 
no differences.

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 we 
were previously informed by the manufacturer that all affected 
spherical thrust bearings had been recovered by Eurocopter France. 
However, we recently learned that some affected spherical thrust 
bearings have not been recovered and may still be installed on some 
helicopters. Failure of a spherical thrust bearing during flight could 
cause the M/R system to separate from the helicopter, which would be 
catastrophic. 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-2008-0489; Directorate 
Identifier 2007-SW-59-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.

Cost of Compliance

    We estimate that this AD will affect about 96 helicopters of U.S. 
Registry. However, the cost of the inspection to determine if one of 
the affected spherical thrust bearings is installed is negligible. For 
affected helicopters, we estimate that it will take about 4 work-hours 
per helicopter to remove and replace a spherical thrust bearing. The 
average labor rate is $80 per work-hour. Required parts will cost about 
$4,500 per helicopter. Based on these figures, we estimate the cost of 
this AD on U.S. operators to be $19,280 for the entire fleet, assuming 
that the 4 spherical thrust bearings are replaced, or $4,820 per 
helicopter.

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.

[[Page 24858]]

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, 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:

2008-10-01 Eurocopter France: Amendment 39-15507. Docket No. FAA-
2008-0489; Directorate Identifier 2007-SW-59-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on May 
21, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EC120B helicopters, with spherical 
thrust bearings, part number 7050A3622036, serial number LK0130, 
LK0142, LK0155, and LK0158, installed, certificated in any category.

Reason

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

    This Airworthiness Directive (AD) follows upon the discovery of 
a batch of spherical thrust bearings which prove to be unfit for 
flight.

This AD requires actions that are intended to address the unsafe 
condition caused by the manufacture of a batch of spherical thrust 
bearings that are not airworthy because they were not manufactured 
in accordance with approved type design. Failure of a spherical 
thrust bearing during flight could cause the main rotor (M/R) system 
to separate from the helicopter, which would be catastrophic.

Actions and Compliance

    (e) Before further flight, remove any spherical thrust bearing, 
part number 7050A3622036, serial numbers LK0130, LK0142, LK0155, or 
LK0158, and replace it with an airworthy spherical thrust bearing.

Differences Between the FAA AD and the MCAI

    (f) None.

Subject

    (g) Air Transport Association of America (ATA) Code 6220, Main 
Rotor Hub.

Other FAA AD Provisions

    (h) The following information also applies to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, Rotorcraft Directorate, 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: Gary 
Roach, Aviation Safety Engineer, FAA, Rotorcraft Directorate, 
Regulations and Guidance Group, Fort Worth, Texas 76193-0111, 
telephone (817) 222-5130, 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 ensure the helicopter 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) Mandatory Continuing Airworthiness Information Direction 
generale de l'aviation civile Airworthiness Directive No. F-2006-
040, dated February 15, 2006, contains related information.

    Issued in Fort Worth, Texas, on April 23, 2008.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-9799 Filed 5-5-08; 8:45 am]

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