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53550 Federal Register / Vol. 71, No.

176 / Tuesday, September 12, 2006 / Rules and Regulations

Authority: 12 U.S.C. 1813(l), 1813(m), SUMMARY: This amendment adopts a the AD docket shortly after the DMS
1817(i), 1818(q), 1819 (Tenth), 1820(f), new airworthiness directive (AD) for the receives them.
1821(a), 1822(c). specified Eurocopter helicopters. This FOR FURTHER INFORMATION CONTACT:
■ 2. In section 330.14, revise paragraph action requires, within 10 hours time-in- Uday Garadi, Aviation Safety Engineer,
(a); redesignate (b)(2)(A), (b)(2)(B), service (TIS), inspecting the tapered FAA, Rotorcraft Directorate, Regulations
(b)(2)(C) as (b)(2)(i), (b)(2)(ii) and housing of each main servo-control and Guidance Group, Fort Worth, Texas
(b)(2)(iii), respectively; and revise newly (MSC) for a crack. If no crack is found, 76193–0110, telephone (817) 222–5123,
designated (b)(2)(ii) to read as follows: this AD requires, before further flight, fax (817) 222–5961.
retorquing the upper ball-end SUPPLEMENTARY INFORMATION: This
§ 330.14 Retirement and other employee attachment nut of the MSC. If a crack is amendment adopts a new AD for the
benefit plan accounts. found, this AD requires, before further specified Eurocopter helicopters. This
(a) ‘‘Pass-through’’ insurance. Any flight, replacing the MSC with an AD applies to MSCs not modified per
deposits of an employee benefit plan in airworthy MSC. This amendment is MOD 073343 and on which the
an insured depository institution shall prompted by the discovery of cracks in tightening torque of the attachment nut
be insured on a ‘‘pass-through’’ basis, in the tapered housings of MSCs. The that secures the upper ball end has been
the amount of up to the SMDIA for the actions specified in this AD are increased by following MOD 073191 or
non-contingent interest of each plan intended to detect a crack in the MSC complying with MET Work Card
participant, provided the rules in tapered housing and to prevent loss of 67.30.00.402 since MET Revision 04–06
§ 330.5 are satisfied. Deposits eligible the attachment of the MSC to the upper for Model AS350 helicopters and
for coverage under paragraph (b)(2) of attachment yoke, loss of the main rotor Revision 04.08 for Model AS355
this section that also are deposits of a control, and subsequent loss of control helicopters. This action requires, within
employee benefit plan or deposits of an of the helicopter. 10 hours TIS, inspecting the tapered
deferred compensation plan described DATES: Effective September 27, 2006. housing of the MSC for a crack. If no
in section 457 of the Internal Revenue Comments for inclusion in the Rules crack is found, this AD requires before
Code of 1986 (26 U.S.C. 457) in an Docket must be received on or before further flight, adjusting the torque of the
insured depository institution shall be November 13, 2006. upper ball-end attachment nut of the
insured on a ‘‘pass-through’’ basis in the ADDRESSES: Use one of the following MSC to between 177–199 in-lbs (2–2.25
amount of $250,000 for the non- addresses to submit comments on this decanewton meters (daN·m)). If a crack
contingent interest of each plan AD: is found, before further flight, this AD
participant, provided the rules in • DOT Docket Web site: Go to also requires replacing the MSC with an
§ 330.5 are satisfied. http://dms.dot.gov and follow the airworthy MSC. This amendment is
(b) * * * instructions for sending your comments prompted by the discovery of cracks in
(2) * * * electronically; the tapered housings of MSCs. The
(ii) Any eligible deferred • Government-wide rulemaking Web condition, if not detected, could result
compensation plan described in section site: Go to http://www.regulations. gov in the loss of the attachment of the MSC
457 of the Internal Revenue Code of and follow the instructions for sending to the upper attachment yoke, loss of
1986 (26 U.S.C. 457); and your comments electronically; main rotor control, and subsequent loss
* * * * * • Mail: Docket Management Facility; of control of the helicopter.
By order of the Board of Directors. U.S. Department of Transportation, 400 The European Aviation Safety Agency
Dated at Washington DC, this 5th day of Seventh Street, SW., Nassif Building, (EASA) notified us that an unsafe
September 2006. Room PL–401, Washington, DC 20590; condition may exist on Eurocopter
Federal Deposit Insurance Corporation. • Fax: (202) 493–2251; or Model AS 350 and AS 355 helicopters.
Robert E. Feldman, • Hand Delivery: Room PL–401 on EASA advises of the discovery of cracks
the plaza level of the Nassif Building, in the tapered housings of MSCs during
Executive Secretary.
400 Seventh Street, SW., Washington, scheduled inspections. EASA also
[FR Doc. E6–15065 Filed 9–11–06; 8:45 am] advises that a very long crack in the
DC, between 9 a.m. and 5 p.m., Monday
BILLING CODE 6714–01–P tapered housing of an MSC can lead to
through Friday, except Federal holidays.
You may get the service information loss of the attachment of the MSC
identified in this AD from American concerned (sic) to the nonrotating
DEPARTMENT OF TRANSPORTATION Eurocopter Corporation, 2701 Forum swashplate and consequently loss of the
Drive, Grand Prairie, Texas 75053–4005, helicopter.
Federal Aviation Administration telephone (972) 641–3460, fax (972) Eurocopter has issued Alert Service
641–3527. Bulletin (ASB) Nos. 05.00.51 for Model
14 CFR Part 39 AS350B, BA, BB, B1, B2, B3, and D
Examining the Docket helicopters, and 05.00.48 for Model
[Docket No. FAA–2006–25773; Directorate
Identifier 2006–SW–16–AD; Amendment 39– You may examine the docket that AS355E helicopters, both dated
14758; AD 2006–19–01] contains the AD, any comments, and February 27, 2006. The ASBs specify
other information on the Internet at inspecting for a crack in the tapered
RIN 2120–AA64 http://dms.dot.gov, or in person at the housing of the MSC. The ASBs apply to
Docket Management System (DMS) all part numbers not modified per MOD
Airworthiness Directives; Eurocopter Docket Offices between 9 a.m. and 5 073343 and on which the tightening
Model AS350B, B1, B2, B3, BA, D, and p.m., Monday through Friday, except torque of the attachment nut that
AS355E Helicopters Federal holidays. The Docket Office secures the upper ball end has been
(telephone (800) 647–5227) is located on increased by following MOD 073191 or
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AGENCY: Federal Aviation


Administration, DOT. the plaza level of the Department of complying with MET Work Card
Transportation Nassif Building at the 67.30.00.402 since MET Revision 04–06
ACTION: Final rule; request for
street address stated in the ADDRESSES for Model AS350 helicopters and
comments.
section. Comments will be available in Revision 04.08 for Model AS355

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Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Rules and Regulations 53551

helicopters. The ASBs also specify • If you find any crack (oblique, We will post all comments we
replacing an MSC if you find a vertical horizontal, or vertical), before further receive, without change, to http://
crack 20 millimeters or more in length. flight, replace the MSC with an dms.dot.gov, including any personal
The EASA has classified this ASB as airworthy MSC and adjust the information you provide. We will also
mandatory and issued Emergency AD tightening torque of the attachment nut post a report summarizing each
No. 2006–0055–E, dated March 1, 2006, to between 177–199 in-lbs (2–2.25 substantive verbal contact with FAA
to ensure the continued airworthiness of decanewton meters (daN·m)). personnel concerning this AD. Using the
these helicopters in France. Although One-time adjusting the tightening search function of our docket Web site,
EASA’s AD allows flight with certain torque on the upper ball-end attachment you can find and read the comments to
cracks, this AD requires that you replace nut of a non-cracked MSC or replacing any of our dockets, including the name
any cracked MSC with an airworthy a cracked MSC with an airworthy MSC of the individual who sent the
MSC. This AD does not allow flight with proper tightening torque applied to comment. You may review the DOT’s
with any cracks on the MSC tapered the upper ball-end attachment nut is complete Privacy Act Statement in the
housing. terminating action for the requirements Federal Register published on April 11,
These helicopter models are of this AD. 2000 (65 FR 19477–78), or you may visit
manufactured in France and are type The short compliance time involved http://dms.dot.gov.
certificated for operation in the United is required because the previously
described critical unsafe condition can Regulatory Findings
States under the provisions of Section
21.29 of the Federal Aviation adversely affect the controllability or We have determined that this AD will
Regulations (14 CFR 21.29) and the structural integrity of parts installed on not have federalism implications under
applicable bilateral agreement. Under the helicopter. Inspecting the MSC Executive Order 13132. This AD will
this agreement, EASA has kept the FAA tapered housing for a crack is required not have a substantial direct effect on
informed of the situation described within 10 hours TIS. If no crack is the States, on the relationship between
above. We have examined EASA’s found, the AD requires adjusting the the national Government and the States,
findings, evaluated all pertinent tightening torque on the attachment nut or on the distribution of power and
information, and determined that AD on the upper ball end of the MSC before responsibilities among the various
action is necessary for products of these further flight. If a crack is found, the AD levels of government.
type designs that are certificated for requires replacing the MSC with an For the reasons discussed above, I
operation in the United States. airworthy MSC before further flight, and certify that the regulation:
this AD must be issued immediately.
This unsafe condition is likely to exist Since a situation exists that requires 1. Is not a ‘‘significant regulatory
or develop on other helicopters of these the immediate adoption of this action’’ under Executive Order 12866;
same type designs. Therefore, we are regulation, it is found that notice and 2. Is not a ‘‘significant rule’’ under the
issuing this AD to detect a crack in the opportunity for prior public comment DOT Regulatory Policies and Procedures
tapered housing of an MSC and to hereon are impracticable, and that good (44 FR 11034, February 26, 1979); and
prevent loss of the attachment of the cause exists for making this amendment 3. Will not have a significant
MSC to the nonrotating swash plate effective in less than 30 days. economic impact, positive or negative,
(upper attachment yoke), loss of main We estimate that this AD will affect on a substantial number of small entities
rotor control, and subsequent loss of 616 helicopters. We estimate that it will under the criteria of the Regulatory
control of the helicopter. This AD take about 1 hour per helicopter to Flexibility Act.
requires the following actions: inspect for a crack and about 4 work We prepared an economic evaluation
• Within 10 hours TIS: hours to replace an MSC at an average of the estimated costs to comply with
Æ Disconnect the MSC from the servo- labor rate of $80 per work hour. this AD. See the DMS to examine the
control distributor and the upper Required parts will cost about $9,000 economic evaluation.
attachment yoke. per MSC. Based on these figures, we
Æ Cut the safety wire and remove it Authority for This Rulemaking
estimate the total cost impact of the AD
from the upper ball end of the on U.S. operators to be $5,790,400, Title 49 of the United States Code
attachment nut. assuming 1 MSC is replaced on each specifies the FAA’s authority to issue
Æ Loosen the nut to allow lifting of helicopter. rules on aviation safety. Subtitle I,
the positioning lock washer so the edge section 106, describes the authority of
below the washer at the top of the Comments Invited the FAA Administrator. Subtitle VII,
tapered housing is visible around the This AD is a final rule that involves Aviation Programs, describes in more
entire periphery. requirements that affect flight safety and detail the scope of the Agency’s
Æ Visually inspect each MSC tapered was not preceded by notice and an authority.
housing for a crack using a 10-power or opportunity for public comment; We are issuing this rulemaking under
higher magnifying glass pay particular however, we invite you to submit any the authority described in subtitle VII,
attention to certain areas. written data, views, or arguments part A, subpart III, section 44701,
Æ Do not modify the length of the regarding this AD. Send your comments ‘‘General requirements.’’ Under that
visible section of the upper ball end of to an address listed under ADDRESSES. section, Congress charges the FAA with
the MSC. Include ‘‘Docket No. FAA–2006–25773; promoting safe flight of civil aircraft in
• If you do not find a crack, before Directorate Identifier 2006–SW–16–AD’’ air commerce by prescribing regulations
further flight: at the beginning of your comments. We for practices, methods, and procedures
Æ Adjust the tightening torque on the specifically invite comments on the the Administrator finds necessary for
attachment nut on the upper ball end of overall regulatory, economic, safety in air commerce. This regulation
the MSC to between 177–199 in-lbs (2– environmental, and energy aspects of is within the scope of that authority
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2.25 decanewton meters (daN·m)). the AD. We will consider all comments because it addresses an unsafe condition
Æ Reattach the MSC to the servo received by the closing date and may that is likely to exist or develop on
control distributor and the upper amend the AD in light of those products identified in this rulemaking
attachment yoke. comments. action.

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53552 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Rules and Regulations

List of Subjects in 14 CFR Part 39 2006–19–01 Eurocopter: Amendment 39– loss of control of the helicopter, do the
14758. Docket No. FAA–2006–25773; following:
Air transportation, Aircraft, Aviation Directorate Identifier 2006–SW–16–AD. (a) Within 10 hours time-in-service (TIS):
safety, Safety.
Applicability (1) Disconnect each MSC from the servo-
Adoption of the Amendment control distributor and the upper attachment
Model AS350B, B1, B2, B3, BA, D, and
yoke.
■ Accordingly, pursuant to the authority AS355E helicopters, with a main servo
(2) Cut the safety wire and remove it from
delegated to me by the Administrator, control (MSC), all part numbers, installed, on
which the tightening torque of the the upper ball end of the attachment nut.
the Federal Aviation Administration
attachment nut that secures the upper ball (3) Loosen attachment nut ‘‘a’’ shown in
amends part 39 of the Federal Aviation Figure 1 of this AD and lift the positioning
Regulations (14 CFR part 39) as follows: end has been increased by following MOD
073191 or MET Work Card 67.30.00.402 lock washer under the attachment nut so the
PART 39—AIRWORTHINESS since Revision 04–06 for the AS350 models edge below the lock washer at the top of the
DIRECTIVES and since Revision 04–08 for the AS355 tapered housing is visible around the entire
models, but not modified per MOD 073343, periphery.
■ 1. The authority citation for part 39 certificated in any category. (4) Visually inspect each MSC tapered
continues to read as follows: Compliance housing for a crack using a 10-power or
Authority: 49 U.S.C. 106(g), 40113, 44701. higher magnifying glass paying particular
Required as indicated, unless attention to area ‘‘L’’ and to the edge of the
§ 39.13 [Amended] accomplished previously.
tapered housing located under the lock
To detect a crack in the MSC tapered
■ 2. Section 39.13 is amended by adding housing and to prevent loss of the attachment washer under attachment nut ‘‘a’’ as depicted
a new airworthiness directive to read as of the MSC to the upper attachment yoke, in Figure 1 of this AD.
follows: loss of main rotor control, and subsequent

(5) Do not modify the length of the visible (1) Adjust the tightening torque on the (c) If you find any crack (oblique,
section of the upper ball end of the MSC. attachment nut that secures the upper ball horizontal, or vertical), before further flight,
Note 1: MET Work Card 67.30.00.402, end of the MSC to between 177–199 in-lbs replace the MSC with an airworthy MSC and
paragraph 5.2, provides information (2–2.25 decanewton meters (daN·m)). adjust the tightening torque of the attachment
(2) Install safety wire and apply sealant to nut to between 177–199 in-lb (2–2.25
concerning the positioning of the upper ball
jlentini on PROD1PC65 with RULES

the upper ball end by running a sealant bead daN·m)).


end of the MSC.
on the attachment per the applicable
(b) If you do not find a crack, before further maintenance work card(s). Note 2: Eurocopter ASBs 05.00.51 and
flight: (3) Reattach the MSC to the servo control 05.00.48 dated February 27, 2006, pertain to
the subject of this AD.
ER12SE06.022</GPH>

distributor and the upper attachment yoke.

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Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Rules and Regulations 53553

Note 3: This AD differs from the European airplane flight manual to advise the Discussion
ASBs and the EASA AD in that we do not flightcrew to check the status of the
permit flight with known cracks in the MSC The FAA issued a notice of proposed
transponder after changing the air traffic rulemaking (NPRM) to amend 14 CFR
tapered housing.
control (ATC) code. This AD also part 39 to include an AD that would
(d) Adjusting the tightening torque on the requires replacing certain identification
upper ball-end attachment nut of a non- apply to certain Honeywell RCZ–833J/
cracked MSC or replacing a cracked MSC
plate(s) with new plate(s), testing K, –851J/K, and –854J communication
with an airworthy MSC with 177–199 in-lb certain COM units or transponders as (COM) units, equipped with XS–852E/F
(2–2.25 daN·m) tightening torque applied to applicable, and corrective action if mode S transponders; and Honeywell
the upper ball-end attachment nut is necessary. For certain airplanes, this AD XS–856A/B and –857A mode S
terminating action for the requirements of requires replacing the transponders of transponders; installed on but not
this AD. certain COM units with new or limited to certain transport category
(e) To request a different method of modified transponders. For certain other
compliance or a different compliance time
airplanes. That NPRM was published in
airplanes, this AD requires installing a the Federal Register on May 3, 2006 (71
for this AD, follow the procedures in 14 CFR
modification into certain transponders. FR 25984). That NPRM proposed to
39.19. Contact the Manager, Safety
Management Group, Rotorcraft Directorate, This AD results from the transponder require a revision to the Normal
FAA, ATTN: Uday Garadi, Aviation Safety erroneously going into standby mode if Procedures section of the airplane flight
Engineer, Regulations and Guidance Group, the flightcrew takes longer than five manual (AFM) to advise the flightcrew
Fort Worth, Texas 76193–0110, telephone seconds when using the rotary knob of to check the status of the transponder
(817) 222–5123, fax (817) 222–5961, for the radio management unit to change after changing the air traffic control
information about previously approved the ATC code. We are issuing this AD (ATC) code. That NPRM also proposed
alternative methods of compliance. to prevent the transponder of the COM
(f) Special flight permits will not be issued.
to require replacing certain
unit from going into standby mode, identification plate(s) with new plate(s),
(g) This amendment becomes effective on
September 27, 2006. which could increase the workload on testing certain COM units or
Note 4: The subject of this AD is addressed
the flightcrew and result in improper transponders as applicable, and
in European Aviation Safety Agency functioning of the traffic alert and corrective action if necessary. For
Emergency AD No. 2006–0055–E, dated collision avoidance system. certain airplanes, that NPRM proposed
March 1, 2006. DATES: This AD becomes effective to require replacing the transponders of
October 17, 2006. certain COM units with new or
Issued in Fort Worth, Texas, on September
The Director of the Federal Register modified transponders. For certain other
1, 2006.
approved the incorporation by reference airplanes, that NPRM proposed to
David A. Downey,
of certain publications listed in the AD require installing a modification into
Manager, Rotorcraft Directorate, Aircraft as of October 17, 2006. certain transponders.
Certification Service.
ADDRESSES: You may examine the AD
[FR Doc. 06–7560 Filed 9–11–06; 8:45 am] Comments
docket on the Internet at http://
BILLING CODE 4910–13–M
dms.dot.gov or in person at the Docket We provided the public the
Management Facility, U.S. Department opportunity to participate in the
of Transportation, 400 Seventh Street, development of this AD. We have
DEPARTMENT OF TRANSPORTATION considered the comments received.
SW., Nassif Building, Room PL–401,
Federal Aviation Administration Washington, DC. Support for NPRM
Go to https://
pubs.cas.honeywell.com/ or contact The Air Line Pilots Association
14 CFR Part 39 supports the NPRM.
Honeywell International, Inc.,
[Docket No. FAA–2006–24639; Directorate Commercial Electronic Systems, 21111 Request To Revise Applicability
Identifier 2005–NM–171–AD; Amendment North 19th Avenue, Phoenix, Arizona
39–14761; AD 2006–19–04] Dassault Falcon Jet (DFJ) requests that
85027–2708, for service information we delete Dassault Model Mystere-
RIN 2120–AA64 identified in this AD. Falcon 900 airplanes and Model Falcon
FOR FURTHER INFORMATION CONTACT: 2000 airplanes from the applicability of
Airworthiness Directives; Honeywell Abby Malmir, Aerospace Engineer,
RCZ–833J/K, –851J/K, and –854J the NPRM. DFJ states that none of the
Systems and Equipment Branch, ANM– discrepant communication units or
Communication (COM) Units, 130L, FAA, Los Angeles Aircraft
Equipped with XS–852E/F Mode S transponders are installed on these
Certification Office, 3960 Paramount model airplanes. According to DFJ, the
Transponders; and Honeywell XS– Boulevard, Lakewood, California
856A/B and –857A Mode S discrepant parts are installed only on
90712–4137; telephone (562) 627–5351; Model Falcon 900EX airplanes, serial
Transponders; Installed on But Not fax (562) 627–5210.
Limited to Certain Transport Category number (S/N) 97 and S/Ns 120 and
SUPPLEMENTARY INFORMATION: subsequent; and Model Falcon 2000EX
Airplanes
Examining the Docket airplanes, S/N 6 and S/Ns 28 and
AGENCY: Federal Aviation subsequent.
Administration (FAA), Department of You may examine the airworthiness We agree and have revised paragraph
Transportation (DOT). directive (AD) docket on the Internet at (c) of this AD accordingly.
ACTION: Final rule. http://dms.dot.gov or in person at the
Docket Management Facility office Request To Revise Compliance Time
SUMMARY: The FAA is adopting a new between 9 a.m. and 5 p.m., Monday Empresa Brasileira de Aeronautica
airworthiness directive (AD) for certain through Friday, except Federal holidays. S.A. (EMBRAER) requests that we
Honeywell COM units and The Docket Management Facility office extend the compliance time for the AFM
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transponders, installed on but not (telephone (800) 647–5227) is located on revision from 5 to 30 days. EMBRAER
limited to certain transport category the plaza level of the Nassif Building at asserts that the loss of the transponder
airplanes. This AD requires a revision to the street address stated in the does not pose so great of a hazard to
the Normal Procedures section of the ADDRESSES section. justify such an urgent compliance time.

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