This amendment adopts a new AD for the specified Eurocopter helicopters. This AD applies to MSCs not modified per MOD 073343 and on which the tightening torque of the attachment nut that secures the upper ball end has been increased by following MOD 073191 or complying with MET Work Card 67.30.00.402 since MET Revision 04-06 for Model AS350 helicopters and Revision 04.08 for Model AS355 helicopters. This action requires, within 10 hours TIS, inspecting the tapered housing of the MSC for a crack. If no crack is found, this AD requires before further flight, adjusting the torque of the upper ball-end attachment nut of the MSC to between 177-199 in-lbs (2-2.25 decanewton meters (daN·m)). If a crack is found, before further flight, this AD also requires replacing the MSC with an airworthy MSC. This amendment is prompted by the discovery of cracks in the tapered housings of MSCs. The condition, if not detected, could result in the loss of the attachment of the MSCto the upper attachment yoke, loss of main rotor control, and subsequent loss of control of the helicopter. \n\tThe European Aviation Safety Agency (EASA) notified us that an unsafe condition may exist on Eurocopter Model AS 350 and AS 355 helicopters. EASA advises of the discovery of cracks in the tapered housings of MSCs during scheduled inspections. EASA also advises that a very long crack in the tapered housing of an MSC can lead to loss of the attachment of the MSC concerned (sic) to the nonrotating swashplate and consequently loss of the helicopter. \n\tEurocopter has issued Alert Service Bulletin (ASB) Nos. 05.00.51 for Model AS350B, BA, BB, B1, B2, B3, and D helicopters, and 05.00.48 for Model AS355E helicopters, both dated February 27, 2006. The ASBs specify inspecting for a crack in the tapered housing of the MSC. The ASBs apply to all part numbers not modified per MOD 073343 and on which the tightening torque of the attachment nut that secures the upper ball end has been increased by following MOD 073191 or complying with MET Work Card 67.30.00.402 since MET Revision 04-06 for Model AS350 helicopters and Revision 04.08 for Model AS355 helicopters. The ASBs also specify replacing an MSC if you find a vertical crack 20 millimeters or more in length. The EASA has classified this ASB as mandatory and issued Emergency AD No. 2006-0055- E, dated March 1, 2006, to ensure the continued airworthiness of these helicopters in France. Although EASA's AD allows flight with certain cracks, this AD requires that you replace any cracked MSC with an airworthy MSC. This AD does not allow flight with any cracks on the MSC tapered housing. \n\tThese helicopter models are manufactured in France and are type certificated for operation in the United States under the provisions of Section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral agreement. Under this agreement, EASA has kept the FAA informed of the situation described above. We have examined EASA's findings, evaluated all pertinent information, and determined that AD action is necessary for products of these type designs that are certificated for operation in the United States. \n\tThis unsafe condition is likely to exist or develop on other helicopters of these same type designs. Therefore, we are issuing this AD to detect a crack in the tapered housing of an MSC and to prevent loss of the attachment of the MSC to the nonrotating swash plate (upper attachment yoke), loss of main rotor control, and subsequent loss of control of the helicopter. This AD requires the following actions: \n\nWithin 10 hours TIS:\n\to\tDisconnect the MSC from the servo-control distributor and the upper attachment yoke.\n\to\tCut the safety wire and remove it from the upper ball end of the attachment nut.\n\to\tLoosen the nut to allow lifting of the positioning lock washer so the edge below the washer at the top of the tapered housing is visible around the entire periphery.\n\to\tVisually inspect each MSC tapered housing for a crack using a 10-power or higher magnifying glass paying particular attention to certain areas.\n\to\tDo not modify the length of the visible section of the upper ball end of the MSC.\nIf you do not find a crack, before further flight:\n\to\tAdjust the tightening torque on the attachment nut on the upper ball end of the MSC to between 177-199 in-lbs (2-2.25 decanewton meters (daN·m)).\n\to\tReattach the MSC to the servo control distributor and the upper attachment yoke.\nIf you find any crack (oblique, horizontal, or vertical), before further flight, replace the MSC with an airworthy MSC and adjust the tightening torque of the attachment nut to between 177-199 in-lbs (2-2.25 decanewton meters (daN·m)).\n\n\n\tOne-time adjusting the tightening torque on the upper ball-end attachment nut of a non-cracked MSC or replacing a cracked MSC with an airworthy MSC with proper tightening torque applied to the upper ball- end attachment nut is terminating action for the requirements of this AD. \n\tThe short compliance time involved is required because the previously described critical unsafe condition can adversely affect the controllability or structural integrity of parts installed on the helicopter. Inspecting the MSC tapered housing for a crack is required within 10 hours TIS. If no crack is found, the AD requires adjusting the tightening torque on the attachment nut on the upper ball end of the MSC before further flight. If a crack is found, the AD requires replacing the MSC with an airworthy MSC before further flight, and this AD must be issued immediately. \n\tSince a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days. \n\tWe estimate that this AD will affect 616 helicopters. We estimate that it will take about 1 hour per helicopter to inspect for a crack and about 4 work hours to replace an MSC at an average labor rate of $80 per work hour. Required parts will cost about $9,000 per MSC. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $5,790,400, assuming 1 MSC is replaced on each helicopter. \n\nComments Invited \n\n\n\tThis 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-2006-25773; Directorate Identifier 2006-SW-16-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. \n\tWe 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 . \n\n\n\nRegulatory Findings \n\n\n\tWe 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. \n\tFor the reasons discussed above, I certify that the regulation: \n\t1. Is not a "significant regulatory action" under Executive Order 12866; \n\t2. Is not a "significant rule" under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and \n\t3. 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. \n\tWe prepared an economic evaluation of the estimated costs to comply with this AD. See the DMS to examine the economic evaluation. \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\tWe 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. \n\n\n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Safety. \nAdoption of the Amendment \n\nAccordingly, 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: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n\n\nSec. 39.13 (Amended) \n\n2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: