This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

7005 

Vol. 77, No. 28 

Friday, February 10, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0101; Directorate 

Identifier 2010–SW–042–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland GMBH Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

Eurocopter Deutschland GMBH (ECD) 

Model MBB–BK 117 C–1 and C–2 

helicopters. This proposed AD would 

require installing a placard that 

corresponds to the maximum 

permissible flight altitude, amending 

the Rotorcraft Flight Manual (RFM) to 

revise the maximum permissible 

operating altitude, and inserting revised 

performance charts into the RFM. The 

proposed AD would also require a 

repetitive maintenance ‘‘MAX N1 

CHECK’’ to determine the appropriate 

maximum altitudes. The AD would also 

require, if the engine or a fuel control 

unit (FCU) or module 2 or 3 is replaced, 

repeating the maintenance ‘‘MAX N1 

CHECK.’’ Finally, the proposed AD 

specifies that modifying both engines 

would provide terminating action for 

the proposed AD requirements. This 

proposed AD is prompted by the failure 

of a ‘‘few’’ engines to reach the specified 

one-engine-inoperative (OEI) rating at 

altitudes above 10,000 feet. The 

proposed actions are intended to 

prevent flights at altitudes where the 

full OEI engine power cannot be 

reached and subsequent loss of control 

of the helicopter if an OEI operation is 

required. 

DATES: We must receive comments on 

this proposed AD by April 10, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

http://www.regulations.gov. Follow the 

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket: You may 

examine the AD docket on the Internet 

at http://www.regulations.gov or in 

person at the Docket Operations Office 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this proposed 

AD, the economic evaluation, any 

comments received, and other 

information. The street address for the 

Docket Operations Office (telephone 

800–647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

For service information identified in 

this proposed AD, contact American 

Eurocopter Corporation, 2701 Forum 

Drive, Grand Prairie, Texas 75053–4005; 

telephone (800) 232–0323; fax (972) 

641–3710; or at http://www.eurocopter.

com. You may review copies of the 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas 

76137. 

FOR FURTHER INFORMATION CONTACT: Ed 

Cuevas, Aviation Safety Engineer, Safety 

Management Group, Rotorcraft 

Directorate, FAA, 2601 Meacham Blvd., 

Fort Worth, Texas 76137; telephone 

(817) 222–5110; email 

ed.cuevas@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued AD No.: 2008–0061, 

dated March 27, 2008, to correct an 

unsafe condition for ECD Model MBB– 

BK 117 C–1 and C–2 helicopters. EASA 

states that during testing at maximum 

certification altitude, a few helicopters 

could not reach the specified OEI power 

threshold. The cause was identified as 

an engine acceleration limitation due to 

a lower delivered fuel flow than the 

engine fuel flow demand needed to 

achieve the OEI rating at high altitude. 

They state that this condition could 

occur at altitudes exceeding 10,000 feet 

depending on the engine and FCU 

characteristics. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all known relevant 

information and determined that an 

unsafe condition exists and is likely to 

exist or develop on other products of 

these same type designs. 

Related Service Information 

ECD has issued Alert Service Bulletin 

(ASB) No. ASB–MBB–BK117–60–121, 

Revision 4, (ASB121) for Model MBB– 

BK 117 C–1 helicopters and ASB MBB 

BK117 C–2–71A–003, Revision 3 

(ASB003), for Model MBB–BK 117 C–2 

helicopters. Both ASBs are dated 

December 11, 2007, and apply to 

Turbomeca Arriel 1E2 engines. Both 

ASBs specify a ‘‘MAX N1 CHECK’’ for 

helicopters with FCUs that have not 

been modified by Turbomeca 

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7006 Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Proposed Rules 

modification TU 358, for takeoffs, 

landings, and hovering in-ground effect 

(IGE) or hovering out-of-ground effect 

(OGE) higher than 10,000 feet or flight 

above 13,000 feet. The ASBs specify 

limiting the maximum permissible flight 

altitude if the OEI rating cannot be 

achieved. The ASBs also specify the 

measures are no longer necessary when 

you modify both engines (Modification 

TU 358). EASA classified these ASBs as 

mandatory and issued AD No.: 2008– 

0061, dated March 27, 2008, to ensure 

the continued airworthiness of these 

helicopters. 

Proposed AD Requirements 

This proposed AD would require 

compliance with specified portions of 

the manufacturer’s service bulletin 

including installing a placard that 

corresponds to the maximum 

permissible flight altitude, amending 

the RFM to revise the maximum 

permissible operating altitude for both 

the MBB–BK 117 C–1 and C–2 

helicopters, and inserting revised 

performance charts into the RFM for the 

C–1 model. This proposed AD would 

also require maintenance ‘‘MAX N1 

CHECKs’’ to determine the modified 

maximum operational altitudes. This 

proposal would also require, if the 

engine or an FCU or module 2 or 3 is 

replaced, repeating the maintenance 

‘‘MAX N1 CHECK.’’ Finally, this 

proposal specifies that modifying both 

engines with Turbomeca Modification 

TU 358 is terminating action for the 

requirements of this proposed AD. After 

the modification of both engines, you 

may remove the placards and flight 

manual revisions required by this AD. 

Differences Between This Proposed AD 

and the EASA AD 

We do not reference the effective date 

stated in the EASA AD because it has 

passed. We have modified the initial 

placard wording to make it clear that 

before performing the topping check, 

the ‘‘operating altitude’’ for takeoff, 

landing, and hovering is a pressure 

altitude (PA) of 10,000 feet, but flight up 

to a maximum 13,000 feet is permitted 

as long as the helicopter stays at an 

airspeed above effective translational 

lift. After the topping check is 

performed, the ‘‘operating altitude’’ 

limitation refers to all modes of flight. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 108 helicopters of U.S. 

Registry. 

We estimate that operators may incur 

the following costs in order to comply 

with this AD. It would take about 1 

work-hour per helicopter to affix a 

placard and insert the RFM pages at an 

average labor rate of $85 per work-hour. 

We estimate 54 maintenance flight 

checks for higher altitude operators 

would be required at $1,000 each. There 

are no parts costs. Based on these 

figures, we estimate the total cost 

impact of the proposed AD on U.S. 

operators to be $63,180. 

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. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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, I certify 

this proposed 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); 

3. Will not affect intrastate aviation in 

Alaska to the extent that it justifies 

making a regulatory distinction; and 

4. 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 proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. The FAA amends § 39.13 by adding 

the following new Airworthiness 

Directive (AD): 

Eurocopter Deutschland GMBH: Docket No. 

FAA–2012–0101; Directorate Identifier 

2010–SW–042–AD. 

(a) Applicability 

This AD applies to Eurocopter Deutschland 

GMBH (ECD) Model MBB–BK 117 C–1 and 

C–2 helicopters with a Turbomeca Arriel 1E2 

engine installed, which has a Fuel Control 

Unit (FCU) that has not been modified with 

Turbomeca Modification TU 358, certificated 

in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

failure of engines to reach the specified oneengine-inoperative (OEI) rating at altitudes 

above 10,000 feet. This condition could 

result in high altitude operations when full 

OEI engine power is not available and 

subsequent loss of control of the helicopter 

if an OEI operation is required. 

(c) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance. 

(d) Required Actions 

(1) For Model MBB–BK117 C–1 

helicopters: 

(i) Before any flight operation at or above 

a pressure altitude (PA) of 10,000 feet, unless 

accomplished previously: 

(A) Affix a placard to the instrument panel 

in plain view of the pilot(s), which states: 

‘‘Maximum altitude for takeoff, landing, and 

hovering is 10,000 ft PA. Maximum operating 

altitude above effective translational lift is 

13,000 ft PA,’’ or comply with paragraph 

(1)(iii) of this AD. The term ‘‘hovering’’ as 

used in this placard includes both in-ground 

effect (IGE) and out-of-ground effect (OGE) 

hovering. 

(B) Revise the Altitude Limitations section 

of the Rotorcraft Flight Manual (RFM), in 

accordance with paragraph 2.9 on pages 9 

and 10; paragraph B.2.1. on page 15; and 

paragraph C.2.3.2. on page 16 of Eurocopter 

Alert Service Bulletin No. ASB–MBB– 

BK117–60–121, Revision 4, dated December 

11, 2007 (ASB121). 

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(C) Attach each revised page 11–1–7 

(ASB121, page 11) through 11–1–10 

(ASB121, page 14) to the unrevised samenumbered page in the Performance section of 

the RFM. 

(ii) Within 50 hours time-in-service (TIS), 

unless accomplished previously: 

(A) Revise the RFM as required by 

paragraph (1)(i)(B) and (1)(i)(C) of this AD; 

and 

(B) Affix the placard as required by 

paragraph (1)(i)(A) of this AD or comply with 

paragraph (1)(iii) of this AD. 

(iii) At intervals not to exceed 600 hours 

TIS: 

(A) Before operating between a 16,000 ft 

PA and 18,000 ft PA, perform the ‘‘MAX N1 

CHECK’’ by following the Accomplishment 

Instructions, paragraph 2.B.1.1., of ASB121. 

If the OEI rating is not reached, either affix 

a placard as required by paragraph (1)(i)(A) 

or comply with paragraph (1)(iii)(B) or 

(1)(iii)(C) of this AD. 

(B) Before operating between 13,000 ft PA 

and 16,000 ft PA, perform the ‘‘MAX N1 

CHECK’’ by following the Accomplishment 

Instructions, paragraph 2.B.1.4., of ASB121. 

(1) If the OEI rating is reached, affix a 

placard to the instrument panel in plain view 

of the pilot(s), which states: ‘‘Maximum 

operating altitude is 16,000 ft PA.’’ 

(2) If the OEI rating is not reached, either 

affix a placard as required by paragraph 

(1)(i)(A) of this AD or comply with paragraph 

(1)(iii)(C) of this AD. 

(C) Before operating between 10,000 ft PA 

and 13,000 ft PA, perform the ‘‘MAX N1 

CHECK’’ by following the Accomplishment 

Instructions, paragraph 2.B.1.7., of ASB121. 

(1) If the OEI rating is reached, affix a 

placard to the instrument panel in plain view 

of the pilot(s), which states: ‘‘Maximum 

operating altitude is 13,000 ft PA.’’ 

(2) If the OEI rating is not reached, affix a 

placard as required by paragraph (1)(i)(A) of 

this AD. 

(2) For Model MBB–BK 117 C–2 

helicopters: 

(i) Before any flight operation at or above 

a PA of 10,000 feet, unless accomplished 

previously: 

(A) Affix a placard to the instrument panel 

in plain view of the pilot(s), which states: 

‘‘Maximum altitude for takeoff, landing, and 

hovering is 10,000 ft PA. Maximum operating 

altitude above effective translational lift is 

13,000 ft PA,’’ or comply with paragraph 

(2)(iii) of this AD. The term ‘‘hovering’’ as 

used in this placard includes both IGE and 

OGE hovering. 

(B) Revise the Altitude Limitations section 

of the RFM in accordance with paragraph 

A.2.3. on page 10 and paragraph 2.8. on page 

11 of Eurocopter ASB No. MBB BK117 C–2– 

71A–003, Revision 3, dated December 11, 

2007 (ASB003). 

(ii) Within 50 hours TIS, unless 

accomplished previously: 

(A) Revise the RFM as required by 

paragraph (2)(i)(B) of this AD; and 

(B) Affix a placard as required by 

paragraph (2)(i)(A) of this AD or comply with 

paragraph (2)(iii) of this AD. 

(iii) At intervals not to exceed 600 hours 

TIS: 

(A) Before operating between 16,000 ft PA 

and 18,000 ft PA, perform the ‘‘MAX N1 

CHECK’’ by following the Accomplishment 

Instructions, paragraph 3.A.(1) (on pages 4 

and 5), of ASB003. If the OEI rating is not 

reached, either affix a placard as required by 

paragraph (2)(i)(A) or comply with paragraph 

(2)(iii)(B) or (2)(iii)(C) of this AD. 

(B) Before operating between 13,000 ft PA 

and 16,000 ft PA, perform the ‘‘MAX N1 

CHECK’’ by following the Accomplishment 

Instructions, paragraph 3.A.(1) (on pages 5 

and 6) of ASB003. 

(1) If the OEI rating is reached, affix a 

placard to the instrument panel in plain view 

of the pilot(s), which states: ‘‘Maximum 

operating altitude is 16,000 ft PA.’’ 

(2) If the OEI rating is not reached, either 

affix a placard as required by paragraph 

(2)(i)(A) or comply with paragraph (2)(iii)(C) 

of this AD. 

(C) Before operating between 10,000 ft PA 

and 13,000 ft PA, perform the ‘‘MAX N1 

CHECK’’ by following the Accomplishment 

Instructions, paragraph 3.A.1. (on page 7) of 

ASB003. 

(1) If the OEI rating is reached, affix a 

placard to the instrument panel in plain view 

of the pilot(s), which states: ‘‘Maximum 

operating altitude is 13,000 ft PA.’’ 

(2) If the OEI rating is not reached, affix a 

placard as required by paragraph (2)(i)(A) of 

this AD. 

(3) If an engine, FCU, engine module 2 or 

engine module 3 is replaced, before any flight 

operation at or above a PA of 10,000 feet, 

comply with the requirements of paragraph 

(1) of this AD for the Model MBB–BK 117 

C–1 helicopter or paragraph (2) of this AD for 

the Model MBB–BK 117 C–2 helicopter. 

(4) Modifying both engines with 

Turbomeca Modification TU 358 is 

terminating action for the requirements of 

this AD. After modifying both engines, 

remove from the RFM the revised altitude 

limitations and the revised performance 

pages required by this AD. 

(e) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Ed Cuevas, 

Aviation Safety Engineer, Safety Management 

Group, Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 76137; 

telephone (817) 222–5110; email 

ed.cuevas@faa.gov. 

(2) For operations conducted under a Part 

119 operating certificate or under Part 91, 

Subpart K, we suggest that you notify your 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office or certificate holding 

district office before operating any aircraft 

complying with this AD through an AMOC. 

(f) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency (Germany) 

AD No.: 2008–0061, dated March 27, 2008. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 1100, Placards and Markings. 

Issued in Fort Worth, Texas, on January 27, 

2012. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–3187 Filed 2–9–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0111; Directorate 

Identifier 2011–NM–089–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Airbus Model A330–200 series 

airplanes; Model A330–300 series 

airplanes, Model A340–200 series 

airplanes; Model A340–300 series 

airplanes; Model A340–541 airplanes; 

and Model A340–642 airplanes. This 

proposed AD was prompted by reports 

of cracks in the bogie pivot pin caused 

by material heating due to friction 

between the bogie pivot pin and bush. 

This proposed AD would require 

performing a detailed inspection for 

degradation of the bogie pivot pins and 

pivot pin bushes of the main and central 

landing gear for any cracks and damage, 

and repairing or replacing bogie pivot 

pins and pivot pin bushes, if necessary. 

We are proposing this AD to correct and 

detect cracks and damage to the main 

and central landing gear, which could 

result in the collapse of the landing gear 

and adversely affect the airplane’s 

continued safe flight and landing. 

DATES: We must receive comments on 

this proposed AD by March 26, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

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