Airworthiness Directives; Eurocopter France Model AS355E, F, F1, F2, and N Helicopters, 56140-56143 [05-19148]

Download as PDF 56140 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Proposed Rules Executive Order 12866 and Effect on Small Entities This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). In addition, pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), AMS has considered the economic impact of the rule on small entities and has determined that its provisions would not have a significant economic impact on a substantial number of small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. The Small Business Administration (SBA) (13 CFR 121.201) defines small entities that produce and process chicken eggs as those whose annual receipts are less than $9,000,000. Approximately 625,000 egg laying hens are needed to produce enough eggs to gross $9,000,000. Currently, the AMA authorizes a voluntary grading program for shell eggs. Shell egg processors that apply for service must pay for the services rendered. Shell egg processors are entitled to pack their eggs in packages bearing the USDA grade shield when AMS graders are present to certify that the eggs meet the grade requirements as labeled. Plants in which these grading services are performed are called official plants. Shell egg processors who do not use USDA’s grading service may not use the USDA grademark. There are about 540 shell egg processors registered with the Department that have 3,000 or more laying hens. Of these, 161 are official plants that use USDA’s grading service and would be subject to this proposed rule. Of these 161 official plants, 38 meet the small business definition. The EPIA authorizes the mandatory inspection of egg products operations and the mandatory surveillance of the disposition of shell eggs that are undesirable for human consumption, with implementing regulations in 7 CFR part 57. All of the approximate 540 shell egg processors registered with the Department are required to comply with the labeling provisions of the EPIA and would be subject to this proposed rule. Of these 540 shell egg processors, 313 meet the small business definition. This proposal will not have an adverse economic impact on processors. It would revise the AMA and the EPIA regulations by up-dating the definition of washed ungraded eggs to reflect VerDate Aug<31>2005 12:40 Sep 23, 2005 Jkt 205001 current egg production and processing technology. For the above reasons, the Agency has certified that this action will not have a significant economic impact on a substantial number of small entities. Executive Orders 12988 This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) the Office of Management and Budget (OMB) has approved the information collection and recordkeeping requirements included in this proposed rule, and there are no new requirements. The assigned OMB control number is 0581–0128. AMS is committed to compliance with the Government Paperwork Elimination Act, which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. List of Subjects Eggs and egg products, Food grades and standards, Food labeling, Reporting and recordkeeping requirements. 7 CFR Part 57 Eggs and egg products, Exports, Food grades and standards, Food labeling, Imports, Reporting and recordkeeping requirements. For reasons set forth in the preamble, it is proposed that 7 CFR parts 56 and 57 be amended as follows: PART 56—VOLUNTARY GRADING OF SHELL EGGS 1. The authority citation for part 56 continues to read as follows: Authority: 7 U.S.C. 1621–1627. 2. In § 56.1, revise the term Washed ungraded eggs to read as follows: § 56.1 Meaning of words and terms defined. * * * * * Washed ungraded eggs means eggs which have been washed and that are Frm 00002 Fmt 4702 PART 57—INSPECTION OF EGGS (EGGS PRODUCTS INSPECTION ACT) 3. The authority citation for part 57 continues to read as follows: Authority: 21 U.S.C. 1031–1056. 4. In § 57.1, revise the term Washed ungraded eggs to read as follows: § 57.1 Definitions. * * * * * Washed ungraded eggs means eggs which have been washed and that are either sized or unsized, but not segregated for quality. Dated: September 20, 2005. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 05–19087 Filed 9–23–05; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2003–SW–10–AD] RIN 2120–AA64 Airworthiness Directives; Eurocopter France Model AS355E, F, F1, F2, and N Helicopters Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: 7 CFR Part 56 PO 00000 either sized or unsized, but not segregated for quality. Sfmt 4702 SUMMARY: This document proposes to revise an existing airworthiness directive (AD) for the specified Eurocopter France (ECF) 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 an MGB or pump with any time-in-service (TIS) can be installed, it must meet the AD requirements. This action would retain those requirements but would limit the applicability to one part number with certain serial-numbered pumps or modified after a certain date. This proposal was prompted by an investigation by the manufacturer that revealed a malfunction occurred after modifying the pump case on certain pumps after major overhaul and repairs. E:\FR\FM\26SEP1.SGM 26SEP1 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Proposed Rules The actions specified by this AD are intended to limit the applicability to certain pumps, to detect sludge on the chip detector, 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. DATES: Comments must be received by November 25, 2005. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Office of the Regional Counsel, Southwest Region, Attention: Rules Docket No. 2003–SW– 10–AD, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. You may also send comments electronically to the Rules Docket at the following address: 9-asw-adcomments@faa.gov. Comments may be inspected at the Office of the Regional Counsel between 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. 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: Comments Invited Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this notice may be changed in light of the comments received. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their mailed comments submitted in response to this proposal must submit a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. 2003–SW– 10–AD.’’ The postcard will be date VerDate Aug<31>2005 14:29 Sep 23, 2005 Jkt 205001 stamped and returned to the commenter. Discussion The Direction Generale De L’Aviation Civile (DGAC), the airworthiness authority for France, notified the FAA that an unsafe condition may exist on the specified ECF model helicopters. The DGAC advises that the insufficiently lubricated power transmission assembly deteriorates until it causes the loss of the drive train for one or even both engines. On October 10, 2003, the FAA issued AD 2003–21–09, Docket No. 2003–SW– 10–AD, Amendment 39–13344 (68 FR 60284, October 22, 2003), which superseded AD 2002–21–51, Docket No. 2002–SW–48–AD, Amendment 39– 12982 (67 FR 77401, December 18, 2002), to require certain checks of the chip detector and the MGB oil-sight glass, certain inspections of the pump, and replacing the MGB and the pump with an airworthy MGB and pump, if necessary. Also, the AD requires that before a MGB or pump with any TIS can be installed, it must meet the AD requirements. That AD corrected the wording from AD 2002–21–51 to specify that a check of the chip detector should be for sludge rather than metal particles. That condition, if not corrected, could result in 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. Since issuing that AD, ECF has issued Alert Service Bulletin No. 05.00.40, dated November 16, 2004 (ASB), which specifies that the effectivity is limited to each pump, part number (P/N) 355A32– 0700–01, with a serial number (S/N) equal to or above 5731 and with a S/N below 5731, if they have been overhauled or repaired after June 1, 1995. An investigation revealed that the malfunction is due to a modification to the shape of the pump case. An enlarged opening of the chamber after machining generates additional loads on the pump. The modification was made to the one part-numbered pump with the previously specified serial numbers; therefore, the ASB limits the effectivity to those pumps. 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, 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 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 56141 for products of these type designs that are certificated for operation in the United States. This previously described unsafe condition is likely to exist or develop on other helicopters of these same type designs. Therefore, the proposed AD would revise AD 2003–SW–10–AD to require the same actions as the existing AD but would limit the applicability to the specified ECF helicopters with a pump, P/N 355A32–0700–01, with a S/N 5731 or higher or with a S/N below 5731 if the pump has been overhauled or repaired after June 1, 1995. The FAA estimates that this proposed AD would affect 105 helicopters of U.S. registry assuming they all have MGB pumps with applicable S/Ns. The proposed actions would take about: • 10 minutes to check the chip detector and the MGB oil sight glass, • 4 work hours to remove the MGB and pump, • 1 work hour to inspect the pump, and • 4 work hours to install a serviceable MGB and pump at an average labor rate of $65 per work hour. • Required parts would cost about $4000 for an overhauled pump and up to $60,000 for an overhauled MGB per helicopter. The manufacturer has represented to the FAA that the standard warranty applies if failure occurs within the first 2 years and operating time is less than 1000 hours. Based on these figures, we estimate the revised total cost impact of the proposed AD on U.S. operators to be $360,335 per year, assuming replacement of one MGB and pump on one helicopter per year and a daily check on all helicopters for 260 days per year. Regulatory Findings The regulations proposed herein 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. Therefore, it is determined that this proposal would not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that 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) if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory E:\FR\FM\26SEP1.SGM 26SEP1 56142 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Proposed Rules Flexibility Act. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES. Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: 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. 1. The authority citation for part 39 continues to read as follows: List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the VerDate Aug<31>2005 12:40 Sep 23, 2005 Jkt 205001 PART 39—AIRWORTHINESS DIRECTIVES Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by removing Amendment 39–13344 (68 FR 60284, October 22, 2003), and by adding a new airworthiness directive (AD), to read as follows: Eurocopter France: Docket No. 2003–SW– 10–AD. Revises AD 2003–21–09, Amendment 39–13344. 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, with a serial number (S/N) 5731 or higher or with a S/N below 5731 if the pump has been overhauled or repaired after June 1, 1995, certificated in any category. Compliance: Required as indicated, unless accomplished previously. 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, accomplish the following: (a) Before the first flight of each day and at intervals not to exceed 10 hours time-inservice (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 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 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. Note 1: Eurocopter France Alert Telex No. 05.00.40R1, dated November 27, 2002, and Alert Service Bulletin No. 05.00.40, dated November 16, 2004, pertain to the subject of this AD. (b) Before further flight, if any sludge is found on the chip detector, 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, inspect the pump. (d) While inspecting the pump, if you find any of the following, replace the MGB and the pump with an airworthy MGB and pump before further flight: (1) Crank pin play, (2) Out of round bronze bushing (A of Figure 1), (3) Offset of the driven gear pinion, (4) Metal chips, or (5) Wear (C of Figure 1). See the following Figure 1: E:\FR\FM\26SEP1.SGM 26SEP1 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Proposed Rules Issued in Fort Worth, Texas, on September 13, 2005. S. Frances Cox, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 05–19148 Filed 9–23–05; 8:45 am] BILLING CODE 4910–13–P VerDate Aug<31>2005 12:40 Sep 23, 2005 Jkt 205001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–22511; Directorate Identifier 2005–NM–120–AD] RIN 2120–AA64 Airworthiness Directives; Gulfstream Aerospace LP Model Gulfstream 100 Airplanes; and Model Astra SPX, and 1125 Westwind Astra Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Gulfstream Aerospace LP Model Gulfstream 100 airplanes; and Model Astra SPX, and 1125 Westwind Astra airplanes. This proposed AD would require a one-time inspection for PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 discrepancies of the nose wheel steering assembly of the landing gear, installing a warning placard on each nose landing gear door, and corrective action if necessary. This proposed AD is prompted by reports of failure of the steering brackets of the nose wheel steering assembly, and in one incident, loss of steering control. We are proposing this AD to find and fix these discrepancies, which could result in loss of steering control and consequent reduced controllability of the airplane. We must receive comments on this proposed AD by October 26, 2005. DATES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. ADDRESSES: E:\FR\FM\26SEP1.SGM 26SEP1 EP26SE05.021</GPH> Note 2: If wear is present in the B area only as depicted in Figure 1, replacing the MGB and the pump is not required. (e) Before installing a different MGB or a pump with any TIS, accomplish the requirements of paragraph (a) of this AD. (f) 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 Safety Management Group, Rotorcraft Directorate, FAA, for information about previously approved alternative methods of compliance. Note 3: The subject of this AD is addressed in Direction Generale De L’Aviation Civile (France) AD 2002–331–071 R2, dated November 24, 2004. 56143

Agencies

[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Proposed Rules]
[Pages 56140-56143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19148]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-10-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes to revise an existing airworthiness 
directive (AD) for the specified Eurocopter France (ECF) 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 an MGB or pump with any 
time-in-service (TIS) can be installed, it must meet the AD 
requirements. This action would retain those requirements but would 
limit the applicability to one part number with certain serial-numbered 
pumps or modified after a certain date. This proposal was prompted by 
an investigation by the manufacturer that revealed a malfunction 
occurred after modifying the pump case on certain pumps after major 
overhaul and repairs.

[[Page 56141]]

The actions specified by this AD are intended to limit the 
applicability to certain pumps, to detect sludge on the chip detector, 
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.

DATES: Comments must be received by November 25, 2005.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-10-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: 9-asw-adcomments@faa.gov. 
Comments may be inspected at the Office of the Regional Counsel between 
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their mailed 
comments submitted in response to this proposal must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2003-SW-10-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    The Direction Generale De L'Aviation Civile (DGAC), the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on the specified ECF model helicopters. The DGAC 
advises that the insufficiently lubricated power transmission assembly 
deteriorates until it causes the loss of the drive train for one or 
even both engines.
    On October 10, 2003, the FAA issued AD 2003-21-09, Docket No. 2003-
SW-10-AD, Amendment 39-13344 (68 FR 60284, October 22, 2003), which 
superseded AD 2002-21-51, Docket No. 2002-SW-48-AD, Amendment 39-12982 
(67 FR 77401, December 18, 2002), to require certain checks of the chip 
detector and the MGB oil-sight glass, certain inspections of the pump, 
and replacing the MGB and the pump with an airworthy MGB and pump, if 
necessary. Also, the AD requires that before a MGB or pump with any TIS 
can be installed, it must meet the AD requirements. That AD corrected 
the wording from AD 2002-21-51 to specify that a check of the chip 
detector should be for sludge rather than metal particles. That 
condition, if not corrected, could result in 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.
    Since issuing that AD, ECF has issued Alert Service Bulletin No. 
05.00.40, dated November 16, 2004 (ASB), which specifies that the 
effectivity is limited to each pump, part number (P/N) 355A32-0700-01, 
with a serial number (S/N) equal to or above 5731 and with a S/N below 
5731, if they have been overhauled or repaired after June 1, 1995. An 
investigation revealed that the malfunction is due to a modification to 
the shape of the pump case. An enlarged opening of the chamber after 
machining generates additional loads on the pump. The modification was 
made to the one part-numbered pump with the previously specified serial 
numbers; therefore, the ASB limits the effectivity to those pumps.
    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, 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 these type designs that are certificated 
for operation in the United States.
    This previously described unsafe condition is likely to exist or 
develop on other helicopters of these same type designs. Therefore, the 
proposed AD would revise AD 2003-SW-10-AD to require the same actions 
as the existing AD but would limit the applicability to the specified 
ECF helicopters with a pump, P/N 355A32-0700-01, with a S/N 5731 or 
higher or with a S/N below 5731 if the pump has been overhauled or 
repaired after June 1, 1995.
    The FAA estimates that this proposed AD would affect 105 
helicopters of U.S. registry assuming they all have MGB pumps with 
applicable S/Ns. The proposed actions would take about:
     10 minutes to check the chip detector and the MGB oil 
sight glass,
     4 work hours to remove the MGB and pump,
     1 work hour to inspect the pump, and
     4 work hours to install a serviceable MGB and pump at an 
average labor rate of $65 per work hour.
     Required parts would cost about $4000 for an overhauled 
pump and up to $60,000 for an overhauled MGB per helicopter.

The manufacturer has represented to the FAA that the standard warranty 
applies if failure occurs within the first 2 years and operating time 
is less than 1000 hours. Based on these figures, we estimate the 
revised total cost impact of the proposed AD on U.S. operators to be 
$360,335 per year, assuming replacement of one MGB and pump on one 
helicopter per year and a daily check on all helicopters for 260 days 
per year.

Regulatory Findings

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory

[[Page 56142]]

Flexibility Act. A copy of the draft regulatory evaluation prepared for 
this action is contained in the Rules Docket. A copy of it may be 
obtained by contacting the Rules Docket at the location provided under 
the caption ADDRESSES.

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, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by removing Amendment 39-13344 (68 FR 
60284, October 22, 2003), and by adding a new airworthiness directive 
(AD), to read as follows:

Eurocopter France: Docket No. 2003-SW-10-AD. Revises AD 2003-21-09, 
Amendment 39-13344.

    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, with a serial number (S/N) 5731 or higher or with a 
S/N below 5731 if the pump has been overhauled or repaired after 
June 1, 1995, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    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, accomplish 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.

    Note 1: Eurocopter France Alert Telex No. 05.00.40R1, dated 
November 27, 2002, and Alert Service Bulletin No. 05.00.40, dated 
November 16, 2004, pertain to the subject of this AD.

    (b) Before further flight, if any sludge is found on the chip 
detector, 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, inspect the pump.
    (d) While inspecting the pump, if you find any of the following, 
replace the MGB and the pump with an airworthy MGB and pump before 
further flight:
    (1) Crank pin play,
    (2) Out of round bronze bushing (A of Figure 1),
    (3) Offset of the driven gear pinion,
    (4) Metal chips, or
    (5) Wear (C of Figure 1).
    See the following Figure 1:

[[Page 56143]]

[GRAPHIC] [TIFF OMITTED] TP26SE05.021


    Note 2: If wear is present in the B area only as depicted in 
Figure 1, replacing the MGB and the pump is not required.

    (e) Before installing a different MGB or a pump with any TIS, 
accomplish the requirements of paragraph (a) of this AD.
    (f) 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 Safety Management Group, Rotorcraft Directorate, FAA, 
for information about previously approved alternative methods of 
compliance.

    Note 3: The subject of this AD is addressed in Direction 
Generale De L'Aviation Civile (France) AD 2002-331-071 R2, dated 
November 24, 2004.


    Issued in Fort Worth, Texas, on September 13, 2005.
S. Frances Cox,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 05-19148 Filed 9-23-05; 8:45 am]
BILLING CODE 4910-13-P