A proposal to amend 14 CFR part 39 by revising AD 2003-21-09, Amendment 39-13344 (68 FR 60284, October 22, 2003), for the specified ECF Model AS355E, F, F1, F2, and N helicopters, was published in the Federal Register on September 26, 2005 (70 FR 56140). The action proposed to revise AD 2003-21-09 to require the same actions as the existing AD but would limit the applicability to ECF helicopters with a pump, part number (P/N) 355A32- 0700-01, with a serial number (S/N) 5731 or higher or with a S/N below 5731 if the pump has been overhauled or repaired after June 1, 1995. \n\n\tThe Direction Generale De L'Aviation Civile (DGAC), the airworthiness authority for France, notified the FAA that an unsafe condition may exist on the specified ECF model helicopters. The DGAC advises that the insufficiently lubricated power transmission assembly deteriorates until it causes the loss of the drive train for one or even both engines. \n\n\tSince issuing AD 2003-21-09, ECF issued Alert Service Bulletin No. 05.00.40, dated November 16, 2004 (ASB), which specifies that the effectivity is limited to each pump, P/N 355A32-0700-01, with a S/N equal to or above 5731 and with a S/N below 5731, if they have been overhauled or repaired after June 1, 1995. An investigation revealed that the malfunction is due to a modification to the shape of the pump case. An enlarged opening of the chamber after machining generates additional loads on the pump. The modification was made to the one part-numbered pump with the previously specified serial numbers; therefore, the ASB limits the effectivity to those pumps. The DGAC classified this service bulletin as mandatory and issued AD F-2002-331- 071 R2, dated November 24, 2004 to ensure the continued airworthiness of these helicopters in France. \n\n\tThese helicopter models are manufactured in France and are type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, the DGAC has kept the FAA informed of the situation described above. The FAA has examined the findings of the DGAC, reviewed all available information, and determined that AD action is necessary for products of these type designs that are certificated for operation in the United States. \n\n\tInterested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial changes made throughout the AD that neither increase the economic burden on any operator nor increase the scope of the AD. \n\n\tThe FAA estimates that this AD will affect 105 helicopters of U.S. registry, assuming they all have MGB pumps with applicable S/Ns. It will take about: \n\n\t10 minutes to check the chip detector and the MGB oil sight glass, \n\n\t4 work hours to remove the MGB and pump, \n\n\t1 work hour to inspect the pump, and \n\n\t4 work hours to install a serviceable MGB and pump at an average labor rate of $65 per work hour. \n\n\t$4,000 for an overhauled pump and up to $60,000 for an overhauled MGB per helicopter. \n\n\tThe manufacturer has represented to the FAA that the standard warranty applies if failure occurs within the first 2 years and operating time is less than 1,000 hours. Based on these figures, we estimate the revised total cost impact of the AD on U.S. operators to be $360,335 per year, assuming replacement of one MGB and pump on one helicopter per year and a daily check on all helicopters for 260 days per year. \n\nRegulatory Findings \n\n\tThe regulations adopted herein 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 ofgovernment. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.\n \n\tFor the reasons discussed above, I certify that this action (1) is not a "significant regulatory action" under Executive Order 12866; (2) is not a "significant rule" under 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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. \n\nAuthority for This Rulemaking \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\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\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Safety. \n\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 authoritycitation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. Section 39.13 is amended by removing Amendment 39-13344 (68 FR 60284, October 22, 2003), and by adding a new airworthiness directive (AD), Amendment 39-14621, to read as follows: