
[Federal Register: October 31, 2008 (Volume 73, Number 212)]
[Rules and Regulations]               
[Page 64872-64874]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc08-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0430; Directorate Identifier 2007-SW-42-AD; 
Amendment 39-15694; AD 2008-21-10]
RIN 2120-AA64

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

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
specified Eurocopter France (ECF) model helicopters. This AD results 
from mandatory continuing airworthiness information (MCAI) originated 
by the aviation authority of France to identify and correct an unsafe 
condition on an aviation product. The aviation authority of France, 
with which we have a bilateral agreement, states in the MCAI: ``This 
Airworthiness Directive (AD) is issued following two cases of LH 
hydraulic power system loss on two AS332 helicopters. In both cases, 
the pilot received the ``low level'' hydraulic failure alarm. The 
investigations conducted on the two helicopters revealed a hydraulic 
fluid leak from the hydraulic pump casing. In both cases, incorrect 
position of the liner of the compensating piston had caused the seals 
to deteriorate. This incorrect positioning of the liner is due to non-
compliant application of the repair process by a repair station. 
Deterioration of hydraulic pumps causes:
     The loss of the RH and LH hydraulic power systems in the 
event of a substantial hydraulic fluid leak from both hydraulic pumps 
during a given flight.
     The loss of the hydraulic system concerned, in the event 
of a substantial hydraulic fluid leak from only one pump.''
    This AD requires actions that are intended to address this unsafe 
condition.

DATES: This AD becomes effective on December 5, 2008.
    The incorporation by reference of certain publications is approved 
by the Director of the Federal Register as of December 5, 2008.

ADDRESSES: You may examine the AD docket on the Internet at http://
regulations.gov or in person at the Docket Operations office, U.S. 
Department of Transportation, M-30, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC between 9 a.m. and 
5 p.m. Monday through Friday, except Federal holidays.
    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 AD Docket: The AD docket contains the Notice of 
proposed rulemaking (NPRM), the economic evaluation, any comments 
received, and other information. The street address and operating hours 
for the Docket Operations office (telephone (800) 647-5527) are in the 
ADDRESSES section of this AD. Comments will be available in the AD 
docket shortly after they are received.

FOR FURTHER INFORMATION CONTACT: Uday Garadi, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5123, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an AD that 
would apply to the specified Eurocopter model helicopters on April 3, 
2008. That NPRM was published in the Federal Register on April 22, 2008 
(73 FR 21553). That NPRM proposed to replace

[[Page 64873]]

certain unairworthy hydraulic pumps with airworthy pumps. You may 
obtain further information by examining the MCAI and any related 
service information in the AD docket.

Comments

    By publishing the NPRM, we gave the public an opportunity to 
participate in developing this AD. However, we received no comment on 
the NPRM or on our determination of the cost to the public. Therefore, 
based on our review and evaluation of the available data, we have 
determined that air safety and the public interest require adopting the 
AD as proposed.

Relevant Service Information

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

Differences Between This AD and the MCAI

     We do not require the operator to return the hydraulic 
pump to the manufacturer nor any action on non-installed hydraulic 
pumps.
     We changed ``flying hours'' to ``hours time-in-service.''
    In making these changes, we do not intend to differ substantively 
from the information provided in the MCAI. These differences are 
highlighted in the ``Differences Between the FAA and the MCAI'' section 
in the AD.

Costs of Compliance

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

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 product(s) identified in this 
rulemaking action.

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.
    Therefore, 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, Incorporation by 
reference, 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:

2008-21-10 Eurocopter France: Amendment 39-15694; Docket No. FAA-
2008-0430; Directorate Identifier 2007-SW-42-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on 
December 5, 2008.

Other Affected ADs

    (b) None.

Applicability

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

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

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states: ``This Airworthiness Directive (AD) is issued following two 
cases of LH hydraulic power system loss on two AS332 helicopters. In 
both cases, the pilot received the `low level' hydraulic failure 
alarm. The investigations conducted on the two helicopters revealed 
a hydraulic fluid leak from the hydraulic pump casing. In both 
cases, incorrect position of the liner of the compensating piston 
had caused the seals to deteriorate. This incorrect positioning of 
the liner is due to non-compliant application of the repair process 
by a repair station. Deterioration of hydraulic pumps causes:
     The loss of the RH and LH hydraulic power systems in 
the event of a substantial hydraulic fluid leak from both hydraulic 
pumps during a given flight.
     The loss of the hydraulic system concerned, in the 
event of a substantial hydraulic fluid leak from only one pump.''
    This AD requires actions that are intended to address this 
unsafe condition.

Actions and Compliance

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

Differences Between This AD and the MCAI

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

[[Page 64874]]

Subject

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

Other Information

    (h) The Manager, Safety Management Group, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. Send information to ATTN: Uday Garadi, 
Aviation Safety Engineer, Rotorcraft Directorate, Regulations and 
Guidance Group, Fort Worth, Texas 76193-0110, telephone (817) 222-
5123, fax (817) 222-5961.

Related Information

    (i) MCAI Airworthiness Directive No. F-2007-010, dated September 
12, 2007, contains related information.

Material Incorporated by Reference

    (j) You must use the specified portions of Eurocopter France 
Emergency Alert Service Bulletin 01.00.73, dated August 23, 2007, to 
do the actions required.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
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.
    (3) You may review copies at the FAA, Rotorcraft Directorate, 
Fort Worth, Texas 76193-0112; 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/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on September 30, 2008.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-24987 Filed 10-30-08; 8:45 am]

BILLING CODE 4910-13-P
