Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations 13679 

because handlers are already shipping 

tart cherries from the 2006–2007 crop. 

Further handlers are aware of this rule, 

which was recommended at a public 

meeting. Also, a 30-day comment period 

was provided for in the proposed rule 

and no comments were received. 

List of Subjects in 7 CFR Part 930 

Marketing agreements, Reporting and 

recordkeeping requirements, Tart 

cherries. 

■ For the reasons set forth in the 

preamble, 7 CFR part 930 is amended as 

follows: 

PART 930—TART CHERRIES GROWN 

IN THE STATES OF MICHIGAN, NEW 

YORK, PENNSYLVANIA, OREGON, 

UTAH, WASHINGTON, AND 

WISCONSIN 

■ 1. The authority citation for 7 CFR 

part 930 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 930.255 is added to read as 

follows: 

Note: This section will not appear in the 

annual Code of Federal Regulations. 

§ 930.255 Final free and restricted 

percentages for the 2006–2007 crop year. 

The final percentages for tart cherries 

handled by handlers during the crop 

year beginning on July 1, 2006, which 

shall be free and restricted, respectively, 

are designated as follows: Free 

percentage, 55 percent and restricted 

percentage, 45 percent. 

Dated: March 19, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–5313 Filed 3–22–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26721; Directorate 

Identifier 2006–SW–28–AD; Amendment 39–

14961; AD 2006–26–51] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland GmbH Model MBB–BK 

117 C–2 Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting Airworthiness Directive (AD) 

2006–26–51, which was sent previously 

to all known U.S. owners and operators 

of Eurocopter Deutschland GmbH (ECD) 

Model MBB–BK 117 C–2 helicopters by 

individual letters. This AD requires, 

before further flight, marking the 

position of the tail rotor control lever 

dynamic weights (weights), removing 

the split pins and the weights, and 

visually inspecting and replacing, if 

necessary, the tail rotor control lever 

before further flight. This AD also 

requires, within 10 hours time-inservice (TIS), and thereafter at intervals 

not to exceed 25 hours TIS, repeating 

the visual inspection of the tail rotor 

control lever and replacing any 

unairworthy tail rotor control lever with 

an airworthy tail rotor control lever 

before further flight. Also required is 

reassembling the tail rotor control lever 

by following the appropriate 

maintenance instruction. This 

amendment is prompted by an in-flight 

incident in which the threaded portion 

of the tail rotor control lever containing 

a dynamic weight broke off leading to 

severe vibrations. The actions specified 

by this AD are intended to prevent 

separation of the weights in flight, 

severe vibration, and subsequent loss of 

control of the helicopter. 

DATES: Effective April 9, 2007, to all 

persons except those persons to whom 

it was made immediately effective by 

Emergency AD 2006–26–51, issued on 

December 22, 2006, which contained 

the requirements of this amendment. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of April 9, 

2007. 

Comments for inclusion in the Rules 

Docket must be received on or before 

May 22, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically; 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically; 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590; 

• Fax: (202) 493–2251; or 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., 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, Texas 75053–4005, 

telephone (972) 641–3460, fax (972) 

641–3527. 

Examining the Docket 

You may examine the docket that 

contains the AD, any comments, and 

other information on the Internet at 

http://dms.dot.gov, or in person at the 

Docket Management System (DMS) 

Docket Offices between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket Office 

(telephone (800) 647–5227) is located on 

the plaza level of the Department of 

Transportation Nassif Building at the 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

FOR FURTHER INFORMATION CONTACT: 

Charles Harrison, Aviation Safety 

Engineer, FAA, Rotorcraft Directorate, 

Safety Management Group, Fort Worth, 

Texas 76193–0110, telephone (817) 

222–5128, fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: On 

December 22, 2006, the FAA issued 

Emergency AD 2006–26–51 for the 

specified model helicopters, which 

requires, before further flight, marking 

the position of the tail rotor control 

lever dynamic weights (weights), 

removing the split pins and the weights, 

and by referring to Figure 1 of the 

manufacturer’s service bulletin, visually 

inspecting the area around the split pin 

bore for score marks, notches, scratches, 

or other damage that exceeds the 

maintenance manual limitations or a 

crack and replacing any unairworthy 

tail rotor control lever before further 

flight. The AD also requires, within 10 

hours TIS, and thereafter at intervals not 

to exceed 25 hours TIS, repeating the 

visual inspection of the tail rotor control 

lever and replacing any unairworthy tail 

rotor control lever with an airworthy tail 

rotor control lever before further flight. 

Also required is reassembling the tail 

rotor control lever by following the 

appropriate maintenance instruction. 

That action was prompted by an inflight incident in which a dynamic 

weight broke off the tail rotor control 

lever subsequently leading to 

considerable vibrations. A visual 

inspection revealed that the threaded 

portion of the control lever containing 

the dynamic weight had broken off. This 

condition, if not corrected, could result 

in separation of the weights in flight, 

severe vibration, and subsequent loss of 

control of the helicopter. 


sroberts on PROD1PC70 with RULES
13680 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations 

The Luftfahrt-Bundesamt (LBA) has 

issued an Emergency AD in accordance 

with Article 10.1 of European Union 

Regulation 1592/2002. The LBA, the 

airworthiness authority for the Federal 

Republic of Germany, notified the FAA 

that an unsafe condition may exist on 

these helicopter models. The LBA 

advises of an in-flight incident in which 

a dynamic weight broke off the tail rotor 

control lever resulting in considerable 

vibrations. The LBA advises that this 

can lead to reduced controllability of 

the helicopter. 

The FAA has reviewed Eurocopter 

Alert Service Bulletin No. MBB BK 117 

C–2–64A–002, dated December 21, 2006 

(ASB), which describes procedures for 

initial and recurrent visual inspections 

of the tail rotor control lever. The ASB 

specifies inspecting the area around the 

split pin bore for damage, and if score 

marks, notching, scratching, a crack, or 

something similar are detected to 

contact ECD customer support. In 

addition, the manufacturer states in that 

ASB that it is effective for Model MBB 

BK117 C–2 helicopters, Serial Number 

(S/N) 9075 and higher, and those 

helicopters from S/N 9004 up to and 

including S/N 9074 on which Alert 

Service Bulletin MBB BK 117 C–2–67–

006, dated July 25, 2006, (SB MBB BK 

117–C–2–67–006) has been 

accomplished. The referenced SB MBB 

BK 117–C–2–67–006, states that it offers 

improvements with regard to a 

reduction of the operational pedal 

control forces. These improvements 

involved two modifications (1) 

Installing modified pedal control levers, 

and (2) installing an optimized tail rotor 

control lever assembly ‘‘consisting of 

modified weights and modified control 

lever pre-assys.’’ Installing the 

optimized tail rotor control lever 

assembly involved replacing the 2 

control levers, Part Number (P/N) 

B642M1009102, with 2 control levers, 

P/N B642M1009103, and replacing the 4 

weights, P/N B642M1011201 with 4 

weights, P/N B642M1011202. The LBA 

classified this ASB as mandatory and 

issued LBA AD D–2006–428, effective 

December 22, 2006, to ensure the 

continued airworthiness of these 

helicopters in Germany. 

This helicopter model is 

manufactured in the Federal Republic of 

Germany and is type certificated for 

operation in the United States under the 

provisions of 14 CFR 21.29 and the 

applicable bilateral agreement. The FAA 

has examined the findings of the LBA, 

reviewed all available information, and 

determined that AD action is necessary 

for products of this type design that are 

certificated for operation in the United 

States. 

Since the unsafe condition described 

is likely to exist or develop on other 

ECD Model MBB–BK 117 C–2 

helicopters of the same type design, the 

FAA issued Emergency AD 2006–26–51 

to prevent separation of the weights in 

flight, severe vibration, and subsequent 

loss of control of the helicopter. The AD 

requires the following: 

• Before further flight, marking the 

position of the weights, removing the 

split pins, removing the weights, and 

visually inspecting the tail rotor control 

lever in the area around the split pin 

bore for score marks, notching, 

scratching, or a crack. 

• If you find score marks, notching, or 

scratches, that exceed the maintenance 

manual limits, or find a crack, replacing 

the tail rotor control lever with an 

airworthy tail rotor control lever before 

further flight. 

• If you do not find score marks, 

notching, scratches, or a crack, within 

10 hours TIS, and thereafter at intervals 

not to exceed 25 hours TIS, repeating 

the visual inspection of the tail rotor 

control lever. 

• After any repetitive inspection, if 

you find score marks, notching, or 

scratches, that exceed the maintenance 

manual limits or find a crack, replacing 

the tail rotor control lever with an 

airworthy tail rotor control lever before 

further flight. 

• Reassembling the tail rotor control 

lever by following the appropriate 

maintenance instruction. 

The actions must be accomplished in 

accordance with the specified portions 

of the ASB described previously. The 

short compliance time involved is 

required because the previously 

described critical unsafe condition can 

adversely affect the structural integrity 

and controllability of the helicopter. 

Therefore, the actions previously 

described are required at the specified 

short time intervals, and this AD must 

be issued immediately. 

Since it was found that immediate 

corrective action was required, notice 

and opportunity for prior public 

comment thereon were impracticable 

and contrary to the public interest, and 

good cause existed to make the AD 

effective immediately by individual 

letters issued on December 22, 2006 to 

all known U.S. owners and operators of 

ECD Model MBB–BK 117 C–2 

helicopters. These conditions still exist, 

and the AD is hereby published in the 

Federal Register as an amendment to 14 

CFR 39.13 to make it effective to all 

persons. 

The FAA estimates that this AD will 

affect 26 helicopters on the U.S. registry. 

The before-flight inspection, the 10-hour 

TIS inspection, and each of the 

repetitive 25-hour TIS inspections 

(assuming 24 repetitive inspections per 

year per helicopter) including marking 

the position of the weights, removing 

the split pins, removing the weights, 

and visually inspecting the tail rotor 

control lever and reassemblying an 

airworthy tail rotor control lever will 

take about 1 work hour per inspection 

per helicopter. Replacing 1 tail rotor 

control lever and 1 weight will take 

about 3 work hours. The average labor 

rate is $80 per work hour. Required 

parts, if necessary, will cost about 

$4,166 for each tail rotor control lever 

(2 per helicopter); $496 for each weight 

(4 per helicopter); and $.21 for each 

cotter pin (4 per helicopter). Based on 

these figures, we estimate the total cost 

impact of the AD on U.S. operators for 

the first year will be $181,532 ($6,982 

per helicopter, assuming 1 tail rotor 

control lever and 1 weight are replaced 

on each helicopter in the fleet during 

the first year). 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

written data, views, or arguments 

regarding this AD. Send your comments 

to an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2006–26721; 

Directorate Identifier 2006–SW–28–AD’’

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD. We will consider all comments 

received by the closing date and may 

amend the AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of our docket Web site, 

you can find and read the comments to 

any of our dockets, including the name 

of the individual who sent the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78), or you may visit 

http://dms.dot.gov. 

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, 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations 13681 

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, Incorporation by reference, 

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: 

2006–26–51 Eurocopter Deutschland 

GmbH: Amendment 39–14961. Docket 

No. FAA–2006–26721; Directorate 

Identifier 2006–SW–28–AD. 

Applicability 

Model MBB–BK 117 C–2 helicopters, serial 

number (S/N) 9075 and higher, and those 

helicopters from S/N 9004 up to and 

including 9074, on which Service Bulletin 

MBB BK117 C–2–67–006 has been 

accomplished, with a tail rotor control lever 

B642M1009103, installed, certificated in any 

category. 

Note 1: The referenced Eurocopter Alert 

Service bulletin MBB BK 117 C–2–67–006, 

dated July 25, 2006, pertains to the subject 

of this AD. That ASB states that it offers 

improvements with regard to a reduction of 

the operational pedal control forces and 

involves two modifications. One of the 

modifications involves installing an 

optimized tail rotor control lever assembly 

‘‘consisting of modified weights and 

modified control lever pre-assys.’’ Installing 

the optimized tail rotor control lever 

assembly, in part, involved replacing the 2 

control levers, part number (P/N) 

B642M1009102, with 2 control levers, P/N 

B642M1009103, and replacing the 4 weights, 

P/N B642M1011201, with 4 weights, P/N 

B642M1011202. 

Compliance 

Required as indicated, unless 

accomplished previously. 

To prevent separation of the tail rotor 

control lever dynamic weights (weights) in 

flight, severe vibration, and subsequent loss 

of control of the helicopter, accomplish the 

following: 

(a) Before further flight, mark the position 

of the weights, remove the split pins, remove 

the weights, and visually inspect the tail 

rotor control lever in the area around the 

split pin bore for score marks, notching, 

scratching, or a crack. Conduct the inspection 

by following the Accomplishment 

Instructions, paragraph 3A(1) and Figure 1 of 

Eurocopter Alert Service Bulletin No. MBB 

BK117 C–2–64A–002, dated December 21, 

2006 (ASB). 

(1) If you find score marks, notching, or 

scratches, that exceed the maintenance 

manual limits, or find a crack, replace the tail 

rotor control lever with an airworthy tail 

rotor control lever before further flight. 

(2) If you do not find score marks, 

notching, scratches, or a crack, within 10 

hours time-in-service (TIS), and thereafter at 

intervals not to exceed 25 hours TIS, repeat 

the visual inspection of the tail rotor control 

lever as described in paragraph (a) of this AD. 

(3) After any repetitive inspection, if you 

find score marks, notching, or scratches, that 

exceed the maintenance manual limits or 

find a crack, replace the tail rotor control 

lever with an airworthy tail rotor control 

lever before further flight. 

(4) Reassemble the tail rotor control lever 

by following the appropriate maintenance 

instructions and the Accomplishment 

Instructions, paragraph 3A(4) and Figure 1 of 

the ASB. 

(b) To request an alternative 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, FAA, ATTN: Charles 

Harrison, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Fort Worth, Texas 

76193–0110, telephone (817) 222–5128, fax 

(817) 222–5961, for information about 

previously approved alternative methods of 

compliance. 

(c) Special flight permits will not be 

issued. 

(d) The inspections and reassembly shall 

be done in accordance with the specified 

portions of Eurocopter Alert Service Bulletin 

No. MBB BK117 C–2–64A–002, dated 

December 21, 2006. The Director of the 

Federal Register approved this incorporation 

by reference in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Copies may be 

obtained from American Eurocopter 

Corporation, 2701 Forum Drive, Grand 

Prairie, Texas 75053–4005, telephone (972) 

641–3460, fax (972) 641–3527. Copies may be 

inspected at the FAA, Office of the Regional 

Counsel, Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(e) This amendment becomes effective on 

April 9, 2007, to all persons except those 

persons to whom it was made immediately 

effective by Emergency AD 2006–26–51, 

issued December 22, 2006, which contained 

the requirements of this amendment. 

Note 2: The subject of this AD is addressed 

in Luftfahrt-Bundesamt (Federal Republic of 

Germany) AD D–2006–428, dated December 

22, 2006. 

Issued in Fort Worth, Texas, on March 14, 

2007. 

David A. Downey, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. E7–5139 Filed 3–22–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26272; Directorate 

Identifier 2006–NM–153–AD; Amendment 

39–14999; AD 2007–06–18] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 


sroberts on PROD1PC70 with RULES