Airworthiness Directives; Eurocopter France Model AS355E, F, F1, F2, and N Helicopters, 31070-31073 [06-5009]

Download as PDF 31070 Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Rules and Regulations classical swine fever is known to exist unless it complies with the following requirements: * * * * * I 5. In § 94.10, paragraphs (a) and (c) are revised to read as follows: § 94.10 Swine from regions where classical swine fever exists. (a) Classical swine fever is known to exist in all regions of the world, except Australia; Canada; Chile; Fiji; Iceland; the Mexican States of Baja California, Baja California Sur, Campeche, Chihuahua, Quintana Roo, Sinaloa, Sonora, and Yucatan; New Zealand; Norway; and Trust Territory of the Pacific Islands. * * * * * (c) Except as provided in § 94.24 for the EU–15, no swine that are moved from or transit any region where classical swine fever is known to exist may be imported into the United States, except for wild swine imported into the United States in accordance with paragraph (d) of this section. * * * * * § 94.24 [Removed] and § 94.25 [Redesignated] 6. Section 94.24 is removed, and § 94.25 is redesignated as § 94.24. I 7. A new § 94.25 is added to read as follows: I mstockstill on PROD1PC68 with RULES § 94.25 Restrictions on the importation of live swine, pork, or pork products from certain regions free of classical swine fever. The regions listed in paragraph (a) of this section are recognized as free of classical swine fever (CSF) in §§ 94.9(a) and 94.10(a) but either supplement their pork supplies with fresh (chilled or frozen) pork imported from regions considered to be affected by CSF, or supplement their pork supplies with pork from CSF-affected regions that is not processed in accordance with the requirements of this part, or share a common land border with CSF-affected regions, or import live swine from CSFaffected regions under conditions less restrictive than would be acceptable for importation into the United States. Thus, there exists a possibility that live swine, pork, or pork products from the CSF-free regions listed in paragraph (a) of this section may be commingled with live swine, pork, or pork products from CSF-affected regions, resulting in a risk of CSF introduction into the United States. Therefore, live swine, pork, or pork products and shipstores, airplane meals, and baggage containing pork or pork products, other than those articles regulated under parts 95 or 96 of this chapter, may not be imported into the United States from a region listed in VerDate Aug<31>2005 15:15 May 31, 2006 Jkt 208001 paragraph (a) of this section unless the requirements in this section, in addition to other applicable requirements of part 93 of this chapter and part 327 of this title, are met. (a) Regions subject to the requirements of this section: Chile and the Mexican States of Baja California, Baja California Sur, Campeche, Chihuahua, Quintana Roo, Sinaloa, Sonora, and Yucatan. (b) Live swine. The swine must be accompanied by a certification issued by a full-time salaried veterinary officer of the national government of the region of export. Upon arrival of the swine in the United States, the certification must be presented to an authorized inspector at the port of arrival. The certification must identify both the exporting region and the region of origin as a region designated in §§ 94.9 and 94.10 as free of CSF at the time the swine were in the region and must state that: (1) The swine have not lived in a region designated in §§ 94.9 and 94.10 as affected with CSF; (2) The swine have never been commingled with swine that have been in a region that is designated in §§ 94.9 and 94.10 as affected with CSF; (3) The swine have not transited a region designated in §§ 94.9 and 94.10 as affected with CSF unless moved directly through the region to their destination in a sealed means of conveyance with the seal intact upon arrival at the point of destination; and (4) The conveyances or materials used in transporting the swine, if previously used for transporting swine, have been cleaned and disinfected in accordance with the requirements of § 93.502 of this chapter. (c) Pork or pork products. The pork or pork products must be accompanied by a certification issued by a full-time salaried veterinary officer of the national government of the region of export. Upon arrival of the pork or pork products in the United States, the certification must be presented to an authorized inspector at the port of arrival. The certification must identify both the exporting region and the region of origin of the pork or pork products as a region designated in §§ 94.9 and 94.10 as free of CSF at the time the pork or pork products were in the region and must state that: (1) The pork or pork products were derived from swine that were born and raised in a region designated in §§ 94.9 and 94.10 as free of CSF and were slaughtered in such a region at a federally inspected slaughter plant that is under the direct supervision of a fulltime salaried veterinarian of the national government of that region and PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 that is eligible to have its products imported into the United States under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the regulations in § 327.2 of this title; (2) The pork or pork products were derived from swine that have not lived in a region designated in §§ 94.9 and 94.10 as affected with CSF; (3) The pork or pork products have never been commingled with pork or pork products that have been in a region that is designated in §§ 94.9 and 94.10 as affected with CSF; (4) The pork or pork products have not transited through a region designated in §§ 94.9 and 94.10 as affected with CSF unless moved directly through the region to their destination in a sealed means of conveyance with the seal intact upon arrival at the point of destination; and (5) If processed, the pork or pork products were processed in a region designated in §§ 94.9 and 94.10 as free of CSF in a federally inspected processing plant that is under the direct supervision of a full-time salaried veterinary official of the national government of that region. (Approved by the Office of Management and Budget under control numbers 0579– 0230 and 0579–0235) Done in Washington, DC, this 25th day of May, 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6–8465 Filed 5–31–06; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2003–SW–10–AD; Amendment 39–14621; AD 2003–21–09 R1] RIN 2120–AA64 Airworthiness Directives; Eurocopter France Model AS355E, F, F1, F2, and N Helicopters Federal Aviation Administration, DOT. ACTION: Final rule. AGENCY: SUMMARY: This amendment revises an existing airworthiness directive (AD) for Eurocopter France (ECF) Model AS355E, F, F1, F2, and N helicopters that 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 E:\FR\FM\01JNR1.SGM 01JNR1 Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Rules and Regulations 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 hours time-inservice (TIS) can be installed, it must meet the AD requirements. This amendment retains those requirements but limits the applicability to one part number with certain serial-numbered pumps or modified after a certain date. This amendment is 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. 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. Effective July 6, 2006. The service information referenced in this AD may be obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053–4005, telephone (972) 641–3460, fax (972) 641–3527. This information may be examined at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas. 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 revising AD 2003–21–09, Amendment 39–13344 (68 FR 60284, October 22, 2003), for the specified ECF Model AS355E, F, F1, F2, and N helicopters, was published in the Federal Register on September 26, 2005 (70 FR 56140). The action proposed to revise AD 2003– 21–09 to require the same actions as the existing AD but would limit the applicability to ECF helicopters with a 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. 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. DATES: mstockstill on PROD1PC68 with RULES ADDRESSES: VerDate Aug<31>2005 15:15 May 31, 2006 Jkt 208001 Since issuing AD 2003–21–09, ECF issued Alert Service Bulletin No. 05.00.40, dated November 16, 2004 (ASB), which specifies that the effectivity is limited to each pump, P/ N 355A32–0700–01, with a 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. The DGAC classified this service bulletin as mandatory and issued AD F–2002–331–071 R2, dated November 24, 2004 to ensure the continued airworthiness of these helicopters in France. 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. 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 except for minor editorial changes made throughout the AD that neither increase the economic burden on any operator nor increase the scope of the AD. The FAA estimates that this AD will affect 105 helicopters of U.S. registry, assuming they all have MGB pumps with applicable S/Ns. It will 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. • $4,000 for an overhauled pump and up to $60,000 for an overhauled MGB per helicopter. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 31071 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 1,000 hours. Based on these figures, we estimate the revised total cost impact of the 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 adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that this action (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under 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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from 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. E:\FR\FM\01JNR1.SGM 01JNR1 31072 Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Rules and Regulations 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: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I 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), Amendment 39–14621, to read as follows: I mstockstill on PROD1PC68 with RULES 2003–21–09 R1 Eurocopter France: Amendment 39–14621. Docket No. 2003–SW–10–AD. Revises AD 2003–21– 09, Amendment 39–13344, Docket No. 2003–SW–10–AD. Applicability: Model AS355E, F, F1, F2, and N helicopters, with a main gear box VerDate Aug<31>2005 15:15 May 31, 2006 Jkt 208001 (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 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4725 (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\01JNR1.SGM 01JNR1 ER01JN06.017</GPH> Adoption of the Amendment Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Rules and Regulations 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 Manager, Safety Management Group, Rotorcraft Directorate, FAA, ATTN: Ed Cuevas, Fort Worth, Texas 76193–0111, telephone (817) 222–5355, fax (817) 222–5961, for information about previously approved alternative methods of compliance. (g) This amendment becomes effective on July 6, 2006. Note 3: The subject of this AD is addressed in Direction Generale De L’Aviation Civile (France) AD F–2002–331–071 R2, dated November 24, 2004. Issued in Fort Worth, Texas, on May 24, 2006. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 06–5009 Filed 5–31–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE Office of the Secretary 15 CFR Part 4 [Docket No. 060518134–6134–01] RIN 0605–AA22 Disclosure of Government Information; Responsibility for Responding to Freedom of Information Act Requests Department of Commerce. Interim final rule; request for comments. AGENCY: mstockstill on PROD1PC68 with RULES ACTION: SUMMARY: The Department of Commerce publishes this interim final rule to amend its regulations that establishes the date that the Department uses in identifying those records that it may consider when responding to a Freedom of Information Act request. The Department takes this action pursuant to a court order that enjoins it from further use of its current regulations. DATES: This rule is effective on June 1, 2006. Comments must be submitted on July 3, 2006. ADDRESSES: The public may submit comments to: Brenda Dolan, Departmental Freedom of Information and Privacy Act Officer, U.S. Department of Commerce, Office of Management and Organization, Room 5327, Washington, DC 20230, 202–482– 3258. VerDate Aug<31>2005 15:15 May 31, 2006 Jkt 208001 FOR FURTHER INFORMATION CONTACT: Brenda Dolan, Departmental Freedom of Information and Privacy Act Officer, U.S. Department of Commerce, Office of Management and Organization, Room 5327, Washington, DC 20230, 202–482– 3258. SUPPLEMENTARY INFORMATION: On April 24, 2006, the United States District Court, District of Oregon determined that the Department of Commerce violated the Freedom of Information Act for failing to make a timely determination on an information request, which subsequently resulted in an improper withholding under the Act. The court ordered the Department to refrain from using ‘‘the day that the proper component receives the request’’ as the cut-off date for determining those records that are responsive to a FOIA request. Pursuant to the court’s order, the Department amends paragraph 4.5(a) of 15 CFR Part 4 to establish a new cutoff date for records that are to be considered in a FOIA request. Upon the effectiveness of this rule, the records that are considered responsive to a FOIA request will include those records that are within the Department’s possession and control as of the date that the Department begins its search for them. This policy is consistent with that adopted by other agencies including the U.S. Department of Justice. Classification It has been determined that this notice is not significant for purposes of E.O. 12866. The Department finds good cause to waive the rulemaking requirements of 5 U.S.C. 553 because it is impracticable and contrary to the public interest. In order to implement, in a timely manner, the Department’s new regulation that establishes the date that the Department uses in identifying those records that it may consider when responding to a request for records, the Department finds that it is impracticable and contrary to the public interest to allow for prior notice and opportunity for public comment. If the Department delayed the effectiveness of this action, the Department would violate the April 24, 2006 order to refrain from further use of the regulations. Therefore, in order to ensure timely compliance with the Court’s order, the Department makes this rule effective upon publication. Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 31073 Dated: May 26, 2006. Brenda Dolan, Departmental Freedom of Information and Privacy Act Officer. List of Subjects in 15 CFR Part 4 Freedom of Information and Privacy. For the reasons set forth above, the Department amends 15 CFR part 4 as follows: I PART 4—DISCLOSURE OF GOVERNMENT INFORMATION 1. The authority citation for part 4 continues to read: I Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C. 553; 31 U.S.C. 3717; 44 U.S.C. 3101; Reorganization Plan No. 5 of 1950. 2. Revise paragraph (a) of section 4.5 to read as follows: I § 4.5 Responsibility for responding to requests. (a) In general. Except as stated in paragraph (b) of this section, the proper component of the Department to respond to a request for records is the component that first receives the request and has responsive records, or the component to which the Departmental Freedom of Information Officer assigns lead responsibility for responding to the request. Records responsive to a request shall include those records within the Department’s possession and control as of the date the Department begins its search for them. * * * * * [FR Doc. E6–8479 Filed 5–31–06; 8:45 am] BILLING CODE 3510–17–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 558 New Animal Drugs for Use in Animal Feeds; Melengestrol, Ractopamine, Monensin, and Tylosin AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Ivy Laboratories, Division of Ivy Animal Health, Inc. The ANADA provides for use of single-ingredient Type A medicated articles containing melengestrol, ractopamine, monensin, E:\FR\FM\01JNR1.SGM 01JNR1

Agencies

[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Rules and Regulations]
[Pages 31070-31073]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5009]


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

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-10-AD; Amendment 39-14621; AD 2003-21-09 R1]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment revises an existing airworthiness directive 
(AD) for Eurocopter France (ECF) Model AS355E, F, F1, F2, and N 
helicopters that 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

[[Page 31071]]

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 hours time-
in-service (TIS) can be installed, it must meet the AD requirements. 
This amendment retains those requirements but limits the applicability 
to one part number with certain serial-numbered pumps or modified after 
a certain date. This amendment is 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. 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: Effective July 6, 2006.

ADDRESSES: The service information referenced in this AD may be 
obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand 
Prairie, Texas 75053-4005, telephone (972) 641-3460, fax (972) 641-
3527. This information may be examined at the FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort 
Worth, Texas.

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 
revising AD 2003-21-09, Amendment 39-13344 (68 FR 60284, October 22, 
2003), for the specified ECF Model AS355E, F, F1, F2, and N 
helicopters, was published in the Federal Register on September 26, 
2005 (70 FR 56140). The action proposed to revise AD 2003-21-09 to 
require the same actions as the existing AD but would limit the 
applicability to ECF helicopters with a 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.
    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.
    Since issuing AD 2003-21-09, ECF issued Alert Service Bulletin No. 
05.00.40, dated November 16, 2004 (ASB), which specifies that the 
effectivity is limited to each pump, P/N 355A32-0700-01, with a 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. The DGAC 
classified this service bulletin as mandatory and issued AD F-2002-331-
071 R2, dated November 24, 2004 to ensure the continued airworthiness 
of these helicopters in France.
    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.
    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 except for minor editorial changes 
made throughout the AD that neither increase the economic burden on any 
operator nor increase the scope of the AD.
    The FAA estimates that this AD will affect 105 helicopters of U.S. 
registry, assuming they all have MGB pumps with applicable S/Ns. It 
will 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.
     $4,000 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 1,000 hours. Based on these figures, we 
estimate the revised total cost impact of the 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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from 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.

[[Page 31072]]

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 39-13344 (68 FR 
60284, October 22, 2003), and by adding a new airworthiness directive 
(AD), Amendment 39-14621, to read as follows:

2003-21-09 R1 Eurocopter France: Amendment 39-14621. Docket No. 
2003-SW-10-AD. Revises AD 2003-21-09, Amendment 39-13344, 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, 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:
    [GRAPHIC] [TIFF OMITTED] TR01JN06.017
    



[[Page 31073]]


    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 Manager, Safety Management Group, Rotorcraft 
Directorate, FAA, ATTN: Ed Cuevas, Fort Worth, Texas 76193-0111, 
telephone (817) 222-5355, fax (817) 222-5961, for information about 
previously approved alternative methods of compliance.
    (g) This amendment becomes effective on July 6, 2006.

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


    Issued in Fort Worth, Texas, on May 24, 2006.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 06-5009 Filed 5-31-06; 8:45 am]
BILLING CODE 4910-13-P