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Federal Register / Vol. 72, No.

52 / Monday, March 19, 2007 / Rules and Regulations 12727

to receive, acquire, possess, transfer, multiple entry points, a combination of ACTION: Final rule.
use, or deliver for transportation one or more groups and one or
formula quantities of strategic special individuals attacking through multiple SUMMARY: This amendment adopts a
nuclear material), §§ 73.50, and 73.60 entry points, or individuals attacking new airworthiness directive (AD) for the
are exempt from §§ 73.1(a)(1)(i)(E), through separate entry points, with the specified Eurocopter France
73.1(a)(1)(iii), 73.1(a)(1)(iv), following attributes, assistance and (Eurocopter) model helicopters that
73.1(a)(2)(iii), and 73.1(a)(2)(iv). equipment: requires replacing a certain hydraulic
Licensees subject to the provisions of (A) Well-trained (including military drive belt (drive belt). Also required is
§ 72.212 are exempt from training and skills) and dedicated reducing the lubrication time interval
§ 73.1(a)(1)(iv). individuals, willing to kill or be killed, for a certain hydraulic pump drive shaft
(1) Radiological sabotage. (i) A with sufficient knowledge to identify (drive shaft). This amendment is
determined violent external assault, specific equipment or locations prompted by in-flight failures of the
attack by stealth, or deceptive actions, necessary for a successful attack; drive belt and the drive shaft. The
including diversionary actions, by an (B) Active (e.g., facilitate entrance and actions specified by this AD are
adversary force capable of operating in exit, disable alarms and intended to prevent in-flight failure of
each of the following modes: A single communications, participate in violent the drive belt or drive shaft, loss of
group attacking through one entry point, attack) or passive (e.g., provide hydraulic power to the flight control
multiple groups attacking through information), or both, knowledgeable system, and subsequent loss of control
multiple entry points, a combination of inside assistance; of the helicopter.
one or more groups and one or more (C) Suitable weapons, including hand- DATES: Effective April 23, 2007.
individuals attacking through multiple held automatic weapons, equipped with ADDRESSES: You may get the service
entry points, or individuals attacking silencers and having effective long- information identified in this AD from
through separate entry points, with the range accuracy; American Eurocopter Corporation, 2701
following attributes, assistance and (D) Hand-carried equipment, Forum Drive, Grand Prairie, Texas
equipment: including incapacitating agents and 75053–4005, telephone (972) 641–3460,
(A) Well-trained (including military explosives for use as tools of entry or for fax (972) 641–3527.
training and skills) and dedicated otherwise destroying reactor, facility, Examining the Docket: You may
individuals, willing to kill or be killed, transporter, or container integrity or examine the docket that contains this
with sufficient knowledge to identify features of the safe-guards system; AD, any comments, and other
specific equipment or locations (E) Land and water vehicles, which information on the Internet at http://
necessary for a successful attack; could be used for transporting personnel dms.dot.gov, or at the Docket
(B) Active (e.g., facilitate entrance and and their hand-carried equipment; and Management System (DMS), U.S.
exit, disable alarms and (ii) An internal threat; and Department of Transportation, 400
communications, participate in violent (iii) A land vehicle bomb assault, Seventh Street, SW., Room PL–401, on
attack) or passive (e.g., provide which may be coordinated with an the plaza level of the Nassif Building,
information), or both, knowledgeable external assault; and Washington, DC.
inside assistance; (iv) A waterborne vehicle bomb
FOR FURTHER INFORMATION CONTACT: Gary
(C) Suitable weapons, including hand- assault, which may be coordinated with
an external assault; and Roach, Aviation Safety Engineer, FAA,
held automatic weapons, equipped with
(v) A cyber attack. Rotorcraft Directorate, Regulations and
silencers and having effective long range
Guidance Group, Fort Worth, Texas
accuracy; * * * * *
(D) Hand-carried equipment, 76193–0111, telephone (817) 222–5130,
Dated at Rockville, Maryland this 13th day fax (817) 222–5961.
including incapacitating agents and of March 2007.
explosives for use as tools of entry or for SUPPLEMENTARY INFORMATION: A
For the Nuclear Regulatory Commission.
otherwise destroying reactor, facility, proposal to amend 14 CFR part 39 to
Annette L. Vietti-Cook, include an AD for the specified model
transporter, or container integrity or
Secretary of the Commission. helicopters was published in the
features of the safeguards system; and
(E) Land and water vehicles, which [FR Doc. 07–1317 Filed 3–16–07; 8:45 am] Federal Register on June 30, 2006 (71
could be used for transporting personnel BILLING CODE 7590–01–P FR 37515). That action proposed to
and their hand-carried equipment to the require the following:
proximity of vital areas; and • At or before the next 500-hour time-
(ii) An internal threat; and DEPARTMENT OF TRANSPORTATION in-service (TIS) inspection, replacing
(iii) A land vehicle bomb assault, the drive belt with an airworthy drive
which may be coordinated with an Federal Aviation Administration belt that is not included in the
external assault; and applicability of this AD, and
(iv) A waterborne vehicle bomb 14 CFR Part 39 • Within 110 hours TIS or at the next
assault, which may be coordinated with [Docket No. FAA–2006–25085; Directorate scheduled lubrication interval for the
an external assault; and Identifier 2006–SW–02–AD; Amendment 39– drive shaft splines, and thereafter at
(v) A cyber attack. 14996; AD 2007–06–15] intervals not to exceed 110 hours TIS or
(2) Theft or diversion of formula 6 months, whichever occurs first,
quantities of strategic special nuclear RIN 2120–AA64
lubricating the drive shaft splines.
material. (i) A determined violent Airworthiness Directives; Eurocopter Eurocopter has issued the following:
external assault, attack by stealth, or France Model AS350B, AS350B1, • Service Bulletin No. 63.00.08, dated
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deceptive actions, including AS350B2, AS350B3, AS350BA, May 27, 2002, which specifies installing
diversionary actions, by an adversary AS350C, AS350D, and AS350D1 a poly-v type drive belt on the driving
force capable of operating in each of the Helicopters hydraulic pump; and
following modes: a single group • Service Bulletin No. 29.00.04,
attacking through one entry point, AGENCY:Federal Aviation Revision 1, dated January 27, 2004,
multiple groups attacking through Administration, DOT. which specifies reducing the lubrication

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12728 Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Rules and Regulations

interval and installing an O-ring seal in or on the distribution of power and FAA–2006–25085; Directorate Identifier
the groove of the hydraulic pump drive responsibilities among the various 2006–SW–02–AD.
shaft in order to prevent early wear of levels of government. Applicability
the splines. For the reasons discussed above, I
Interested persons have been afforded certify that the regulation: Model AS350B, AS350B1, AS350B2,
an opportunity to participate in the 1. Is not a ‘‘significant regulatory AS350B3, AS350BA, AS350C, AS350D, and
making of this amendment. Due action’’ under Executive Order 12866; AS350D1 helicopters with a hydraulic drive
consideration has been given to the one 2. Is not a ‘‘significant rule’’ under the belt (drive belt), part number (P/N) 704A33–
comment received. The commenter DOT Regulatory Policies and Procedures 690–004, or a hydraulic pump drive shaft
states that the Eurocopter AS350 (BA (44 FR 11034, February 26, 1979); and (drive shaft), P/N 704A34–310–006, installed,
and B2) Master Servicing 3. Will not have a significant certificated in any category.
Recommendations along with the economic impact, positive or negative, Compliance
applicable Service Bulletin(s) and good on a substantial number of small entities
Required as indicated.
preventative maintenance practices under the criteria of the Regulatory
To prevent loss of hydraulic power to the
provide a good level of safety, therefore, Flexibility Act.
flight control system and subsequent loss of
he suggests that the requirement to We prepared an economic evaluation
control of the helicopter, accomplish the
grease the hydraulic pump drive splines of the estimated costs to comply with
following:
every 110 hours be removed from the this AD. See the DMS to examine the
(a) At or before the next 500-hour time-in-
AD because it is currently mandated by economic evaluation.
service (TIS) inspection, unless
Eurocopter to be accomplished every
Authority for This Rulemaking accomplished previously, replace the drive
100 hours on all models of the AS350 belt with an airworthy drive belt that is not
Series helicopter. We do not agree with Title 49 of the United States Code
included in the applicability of this AD.
the recommendation because, specifies the FAA’s authority to issue
(b) Within 110 hours TIS or at the next
depending on the aircraft operation, rules on aviation safety. Subtitle I,
scheduled lubrication interval for the drive
compliance with the manufacturer’s section 106, describes the authority of
shaft splines, and thereafter at intervals not
service information may not be the FAA Administrator. Subtitle VII,
to exceed 110 hours TIS or 6 months,
required, therefore, in order to mandate Aviation Programs, describes in more
whichever occurs first, lubricate the drive
corrective action for the unsafe detail the scope of the Agency’s shaft splines.
condition, this AD requires all affected authority. (c) This action reduces the interval for
aircraft to comply with the greasing We are issuing this rulemaking under lubricating the drive shaft splines from 550
interval at intervals not to exceed 110 the authority described in subtitle VII, hours TIS or 2 years, whichever occurs first,
hours TIS or 6 months, whichever part A, subpart III, section 44701, to 110 hours TIS or 6 months, whichever
occurs first. ‘‘General requirements.’’ Under that occurs first.
Also, when finalizing this final rule, section, Congress charges the FAA with
Note: Eurocopter Service Bulletin No.
we discovered that we had omitted the promoting safe flight of civil aircraft in
63.00.08, dated May 27, 2002, and No.
Eurocopter Model AS355E helicopters air commerce by prescribing regulations
29.00.04, Revision 1, dated January 27, 2004,
from the applicability of the proposed for practices, methods, and procedures
pertain to the subject of this AD.
AD. Therefore, we may supersede this the Administrator finds necessary for
action in the future to add the safety in air commerce. This regulation (d) To request a different method of
additional model helicopter to the is within the scope of that authority compliance or a different compliance time
because it addresses an unsafe condition for this AD, follow the procedures in 14 CFR
applicability.
After careful review of the available that is likely to exist or develop on 39.19. Contact the Manager, Rotorcraft
data, including the comments noted products identified in this rulemaking Directorate, Regulations and Guidance
above, the FAA has determined that air Group, FAA, ATTN: Gary Roach, Aviation
action.
Safety Engineer, Fort Worth, Texas 76193–
safety and the public interest require the
List of Subjects in 14 CFR Part 39 0111, telephone (817) 222–5130, fax (817)
adoption of the rule as proposed.
We estimate that this AD will affect Air transportation, Aircraft, Aviation 222–5961, for information about previously
700 helicopters of U.S. registry. safety, Safety. approved alternative methods of compliance.
(e) This amendment becomes effective on
Replacing each drive belt will take Adoption of the Amendment April 23, 2007.
approximately 25 work hours and
lubricating the drive shaft splines will ■ Accordingly, pursuant to the authority Issued in Fort Worth, Texas, on March 9,
take approximately 1 work hour. The delegated to me by the Administrator, 2007.
average labor rate is $80 an hour. Each the Federal Aviation Administration Mark R. Schilling,
replacement drive belt costs about amends part 39 of the Federal Aviation Acting Manager, Rotorcraft Directorate,
$3,500. Based on these figures, we Regulations (14 CFR part 39) as follows: Aircraft Certification Service.
estimate the total cost impact of this AD [FR Doc. E7–4851 Filed 3–16–07; 8:45 am]
on U.S. operators to be $4,130,000, PART 39—AIRWORTHINESS
DIRECTIVES BILLING CODE 4910–13–P
assuming no helicopter has been
modified with the new drive shaft belt ■ 1. The authority citation for part 39
and that the splines are lubricated 5 continues to read as follows:
times in the first year.
Authority: 49 U.S.C. 106(g), 40113, 44701.
Regulatory Findings
§ 39.13 [Amended]
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We have determined that this AD will


not have federalism implications under ■ 2. Section 39.13 is amended by adding
Executive Order 13132. This AD will a new airworthiness directive to read as
not have a substantial direct effect on follows:
the States, on the relationship between 2007–06–15 Eurocopter France:
the National Government and the States, Amendment 39–14996. Docket No.

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