Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Rules and Regulations 12727 

to receive, acquire, possess, transfer, 

use, or deliver for transportation 

formula quantities of strategic special 

nuclear material), §§ 73.50, and 73.60 

are exempt from §§ 73.1(a)(1)(i)(E), 

73.1(a)(1)(iii), 73.1(a)(1)(iv), 

73.1(a)(2)(iii), and 73.1(a)(2)(iv). 

Licensees subject to the provisions of 

§ 72.212 are exempt from 

§ 73.1(a)(1)(iv). 

(1) Radiological sabotage. (i) A 

determined violent external assault, 

attack by stealth, or deceptive actions, 

including diversionary actions, by an 

adversary force capable of operating in 

each of the following modes: A single 

group attacking through one entry point, 

multiple groups attacking through 

multiple entry points, a combination of 

one or more groups and one or more 

individuals attacking through multiple 

entry points, or individuals attacking 

through separate entry points, with the 

following attributes, assistance and 

equipment: 

(A) Well-trained (including military 

training and skills) and dedicated 

individuals, willing to kill or be killed, 

with sufficient knowledge to identify 

specific equipment or locations 

necessary for a successful attack; 

(B) Active (e.g., facilitate entrance and 

exit, disable alarms and 

communications, participate in violent 

attack) or passive (e.g., provide 

information), or both, knowledgeable 

inside assistance; 

(C) Suitable weapons, including handheld automatic weapons, equipped with 

silencers and having effective long range 

accuracy; 

(D) Hand-carried equipment, 

including incapacitating agents and 

explosives for use as tools of entry or for 

otherwise destroying reactor, facility, 

transporter, or container integrity or 

features of the safeguards system; and 

(E) Land and water vehicles, which 

could be used for transporting personnel 

and their hand-carried equipment to the 

proximity of vital areas; and 

(ii) An internal threat; and 

(iii) A land vehicle bomb assault, 

which may be coordinated with an 

external assault; and 

(iv) A waterborne vehicle bomb 

assault, which may be coordinated with 

an external assault; and 

(v) A cyber attack. 

(2) Theft or diversion of formula 

quantities of strategic special nuclear 

material. (i) A determined violent 

external assault, attack by stealth, or 

deceptive actions, including 

diversionary actions, by an adversary 

force capable of operating in each of the 

following modes: a single group 

attacking through one entry point, 

multiple groups attacking through 

multiple entry points, a combination of 

one or more groups and one or 

individuals attacking through multiple 

entry points, or individuals attacking 

through separate entry points, with the 

following attributes, assistance and 

equipment: 

(A) Well-trained (including military 

training and skills) and dedicated 

individuals, willing to kill or be killed, 

with sufficient knowledge to identify 

specific equipment or locations 

necessary for a successful attack; 

(B) Active (e.g., facilitate entrance and 

exit, disable alarms and 

communications, participate in violent 

attack) or passive (e.g., provide 

information), or both, knowledgeable 

inside assistance; 

(C) Suitable weapons, including handheld automatic weapons, equipped with 

silencers and having effective longrange accuracy; 

(D) Hand-carried equipment, 

including incapacitating agents and 

explosives for use as tools of entry or for 

otherwise destroying reactor, facility, 

transporter, or container integrity or 

features of the safe-guards system; 

(E) Land and water vehicles, which 

could be used for transporting personnel 

and their hand-carried equipment; and 

(ii) An internal threat; and 

(iii) A land vehicle bomb assault, 

which may be coordinated with an 

external assault; and 

(iv) A waterborne vehicle bomb 

assault, which may be coordinated with 

an external assault; and 

(v) A cyber attack. 

* * * * * 

Dated at Rockville, Maryland this 13th day 

of March 2007. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 07–1317 Filed 3–16–07; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25085; Directorate 

Identifier 2006–SW–02–AD; Amendment 39–

14996; AD 2007–06–15] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model AS350B, AS350B1, 

AS350B2, AS350B3, AS350BA, 

AS350C, AS350D, and AS350D1 

Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for the 

specified Eurocopter France 

(Eurocopter) model helicopters that 

requires replacing a certain hydraulic 

drive belt (drive belt). Also required is 

reducing the lubrication time interval 

for a certain hydraulic pump drive shaft 

(drive shaft). This amendment is 

prompted by in-flight failures of the 

drive belt and the drive shaft. The 

actions specified by this AD are 

intended to prevent in-flight failure of 

the drive belt or drive shaft, loss of 

hydraulic power to the flight control 

system, and subsequent loss of control 

of the helicopter. 

DATES: Effective April 23, 2007. 

ADDRESSES: You may get the service 

information identified in this AD from 

American Eurocopter Corporation, 2701 

Forum Drive, Grand Prairie, Texas 

75053–4005, telephone (972) 641–3460, 

fax (972) 641–3527. 

Examining the Docket: You may 

examine the docket that contains this 

AD, any comments, and other 

information on the Internet at http:// 

dms.dot.gov, or at the Docket 

Management System (DMS), U.S. 

Department of Transportation, 400 

Seventh Street, SW., Room PL–401, on 

the plaza level of the Nassif Building, 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Gary 

Roach, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Guidance Group, Fort Worth, Texas 

76193–0111, telephone (817) 222–5130, 

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: A 

proposal to amend 14 CFR part 39 to 

include an AD for the specified model 

helicopters was published in the 

Federal Register on June 30, 2006 (71 

FR 37515). That action proposed to 

require the following: 

• At or before the next 500-hour timein-service (TIS) inspection, replacing 

the drive belt with an airworthy drive 

belt that is not included in the 

applicability of this AD, and 

• Within 110 hours TIS or at the next 

scheduled lubrication interval for the 

drive shaft splines, and thereafter at 

intervals not to exceed 110 hours TIS or 

6 months, whichever occurs first, 

lubricating the drive shaft splines. 

Eurocopter has issued the following: 

• Service Bulletin No. 63.00.08, dated 

May 27, 2002, which specifies installing 

a poly-v type drive belt on the driving 

hydraulic pump; and 

• Service Bulletin No. 29.00.04, 

Revision 1, dated January 27, 2004, 

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 

the groove of the hydraulic pump drive 

shaft in order to prevent early wear of 

the splines. 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the one 

comment received. The commenter 

states that the Eurocopter AS350 (BA 

and B2) Master Servicing 

Recommendations along with the 

applicable Service Bulletin(s) and good 

preventative maintenance practices 

provide a good level of safety, therefore, 

he suggests that the requirement to 

grease the hydraulic pump drive splines 

every 110 hours be removed from the 

AD because it is currently mandated by 

Eurocopter to be accomplished every 

100 hours on all models of the AS350 

Series helicopter. We do not agree with 

the recommendation because, 

depending on the aircraft operation, 

compliance with the manufacturer’s 

service information may not be 

required, therefore, in order to mandate 

corrective action for the unsafe 

condition, this AD requires all affected 

aircraft to comply with the greasing 

interval at intervals not to exceed 110 

hours TIS or 6 months, whichever 

occurs first. 

Also, when finalizing this final rule, 

we discovered that we had omitted the 

Eurocopter Model AS355E helicopters 

from the applicability of the proposed 

AD. Therefore, we may supersede this 

action in the future to add the 

additional model helicopter to the 

applicability. 

After careful review of the available 

data, including the comments noted 

above, the FAA has determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

We estimate that this AD will affect 

700 helicopters of U.S. registry. 

Replacing each drive belt will take 

approximately 25 work hours and 

lubricating the drive shaft splines will 

take approximately 1 work hour. The 

average labor rate is $80 an hour. Each 

replacement drive belt costs about 

$3,500. Based on these figures, we 

estimate the total cost impact of this AD 

on U.S. operators to be $4,130,000, 

assuming no helicopter has been 

modified with the new drive shaft belt 

and that the splines are lubricated 5 

times in the first year. 

Regulatory Findings 

We have 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. 

For the reasons discussed above, I 

certify that the 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. 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. See the DMS to examine the 

economic evaluation. 

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. 

Adoption of the Amendment 

■ 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. Section 39.13 is amended by adding 

a new airworthiness directive to read as 

follows: 

2007–06–15 Eurocopter France: 

Amendment 39–14996. Docket No. 

FAA–2006–25085; Directorate Identifier 

2006–SW–02–AD. 

Applicability 

Model AS350B, AS350B1, AS350B2, 

AS350B3, AS350BA, AS350C, AS350D, and 

AS350D1 helicopters with a hydraulic drive 

belt (drive belt), part number (P/N) 704A33–

690–004, or a hydraulic pump drive shaft 

(drive shaft), P/N 704A34–310–006, installed, 

certificated in any category. 

Compliance 

Required as indicated. 

To prevent loss of hydraulic power to the 

flight control system and subsequent loss of 

control of the helicopter, accomplish the 

following: 

(a) At or before the next 500-hour time-inservice (TIS) inspection, unless 

accomplished previously, replace the drive 

belt with an airworthy drive belt that is not 

included in the applicability of this AD. 

(b) Within 110 hours TIS or at the next 

scheduled lubrication interval for the drive 

shaft splines, and thereafter at intervals not 

to exceed 110 hours TIS or 6 months, 

whichever occurs first, lubricate the drive 

shaft splines. 

(c) This action reduces the interval for 

lubricating the drive shaft splines from 550 

hours TIS or 2 years, whichever occurs first, 

to 110 hours TIS or 6 months, whichever 

occurs first. 

Note: Eurocopter Service Bulletin No. 

63.00.08, dated May 27, 2002, and No. 

29.00.04, Revision 1, dated January 27, 2004, 

pertain to the subject of this AD. 

(d) 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, Rotorcraft 

Directorate, Regulations and Guidance 

Group, FAA, ATTN: Gary Roach, Aviation 

Safety Engineer, Fort Worth, Texas 76193–

0111, telephone (817) 222–5130, fax (817) 

222–5961, for information about previously 

approved alternative methods of compliance. 

(e) This amendment becomes effective on 

April 23, 2007. 

Issued in Fort Worth, Texas, on March 9, 

2007. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–4851 Filed 3–16–07; 8:45 am] 

BILLING CODE 4910–13–P 


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