Federal Register / Vol. 69, No. 4 / Wednesday, January 7, 2004 / Rules and Regulations 871

Issued in Renton, Washington, on 

December 29, 2003. 

Ali Bahrami, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–128 Filed 1–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–SW–21–AD; Amendment 

39–13424; AD 2004–01–10] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland Model MBB–BK–117 A–1, 

A–3, A–4, B–1, B–2, and C–1 

Helicopters

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule; request for 

comments. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for 

Eurocopter Deutschland (Eurocopter) 

Model MBB–BK–117 A–1, A–3, A–4, B–

1, B–2, and C–1 helicopters with a 

certain tail rotor (TR) transmission or 

intermediate (INT) gearbox installed. 

This action requires inspecting the 

magnetic plug of the TR transmission 

and INT gearbox for metal particles 

before the first flight of each day. 

Replacing an unairworthy TR 

transmission, INT gearbox, or bearings 

with airworthy parts is also required 

within 30 days after the effective date of 

this AD. This amendment is prompted 

by a report of production-related cracks 

on the cage of bearings installed in 

certain TR transmissions and INT 

gearboxes. This condition, if not 

corrected, could result in cracking and 

separation of the bearing cage, failure of 

a bearing, failure of the TR transmission 

or INT gearbox, and subsequent loss of 

control of the helicopter.

DATES: Effective January 22, 2004. 

Comments for inclusion in the Rules 

Docket must be received on or before 

March 8, 2004.

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Office of the 

Regional Counsel, Southwest Region, 

Attention: Rules Docket No. 2003–SW–

21–AD, 2601 Meacham Blvd., Room 

663, Fort Worth, Texas 76137. You may 

also send comments electronically to 

the Rules Docket at the following 

address: 9-asw-adcomments@faa.gov.

FOR FURTHER INFORMATION CONTACT:

Uday Garadi, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Safety 

Management Group, Fort Worth, Texas 

76193–0110, telephone (817) 222–5123, 

fax (817) 222–5961.

SUPPLEMENTARY INFORMATION: LuftfahrtBundesamt (LBA), the airworthiness 

authority for the Federal Republic of 

Germany, notified the FAA that an 

unsafe condition may exist on 

Eurocopter Model MBB–BK–117 A–1, 

A–3, A–4, B–1, B–2, and C–1 

helicopters. The LBA advises that 

Eurocopter has been informed by the 

manufacturer of the TR transmission 

and INT gearbox that production-related 

cracks were found on the bearing cage, 

which could lead to parts of the cage 

separating and entering the TR 

transmission or INT gearbox. 

Eurocopter has issued Alert Service 

Bulletin No. ASB–MBB–BK117–30–108, 

Revision 1, dated July 4, 2003, which 

specifies replacing the TR transmission 

and INT gearbox or replacing the 

bearings in the TR transmission and INT 

gearbox by September 30, 2003. The 

alert service bulletin also specifies 

inspecting the magnetic plug before the 

first flight each day until the subject 

bearings are replaced. The LBA 

classified this alert service bulletin as 

mandatory and issued AD 2003–161, 

dated April 29, 2003, to ensure the 

continued airworthiness of these 

helicopters in the Federal Republic of 

Germany. 

These helicopter models are 

manufactured in the Federal Republic of 

Germany, 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 Federal Republic of Germany has 

kept the FAA informed of the situation 

described above. The FAA has 

examined the findings of the Federal 

Republic of Germany, 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. 

The previously described unsafe 

condition is likely to exist or develop on 

other helicopters of these same type 

designs registered in the United States. 

Therefore, this AD is being issued to 

prevent cracking and separation of the 

bearing cage, failure of a bearing, failure 

of the TR transmission or INT gearbox, 

and subsequent loss of control of the 

helicopter. This AD requires inspecting 

the magnetic plugs of the TR gearbox 

and INT gearbox for metal particle 

deposits before the first flight of each 

day. If a small amount of fuzz is found 

on the magnetic plug, the magnetic plug 

must be cleaned and may be reinstalled. 

If there is an amount of fuzz that 

exceeds the amount depicted in ‘‘Pos. 

A’’ of Figure 1 of this AD, then replacing 

the INT gearbox, TR transmission, or 

bearing, part number (P/N) 4639310006, 

with serial number (S/N) 3246 through 

3598, is required within 30 days after 

the effective date of this AD. The short 

compliance time involved is required 

because the previously described 

critical unsafe condition can adversely 

affect the controllability and structural 

integrity of the helicopter. Therefore, 

the inspections and replacement, if 

necessary, are required before further 

flight and this AD must be issued 

immediately. 

Since 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. 

On July 10, 2002, the FAA issued a 

new version of 14 CFR part 39 (67 FR 

47997, July 22, 2002), which governs the 

FAA’s AD system. The regulation now 

includes material that relates to altered 

products, special flight permits, and 

alternative methods of compliance. 

Because we have now included this 

material in part 39, we no longer need 

to include it in each individual AD. 

The FAA estimates that this AD will 

affect 127 helicopters of U.S. registry. It 

will take approximately 0.5 work hours 

to inspect both magnetic plugs, and 

removing and replacing the affected 

bearings will take approximately 6 work 

hours to accomplish at an average labor 

rate of $65 per work hour. Assuming 30 

days of inspections, the total cost of 

inspections will be $123,825. Required 

parts (3 bearings for each helicopter) 

will cost approximately $1,147 per 

helicopter. Based on these assumptions, 

we estimate the total cost of this AD on 

U.S. operators to be $319,023. The 

manufacturer has stated in its alert 

service bulletin that bearings will be 

replaced at no cost. Including the 

warranty coverage, the estimated total 

cost impact on U.S. operators will be 

$173,354.

Comments Invited 

Although this action is in the form of 

a final rule that involves requirements 

affecting flight safety and, thus, was not 

preceded by notice and an opportunity 

for public comment, comments are 

invited on this rule. Interested persons 

are invited to comment on this rule by 

submitting such written data, views, or 

arguments as they may desire.

872 Federal Register / Vol. 69, No. 4 / Wednesday, January 7, 2004 / Rules and Regulations 

Communications should identify the 

Rules Docket number and be submitted 

in triplicate to the address specified 

under the caption ADDRESSES. All 

communications received on or before 

the closing date for comments will be 

considered, and this rule may be 

amended in light of the comments 

received. Factual information that 

supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of the AD 

action and determining whether 

additional rulemaking action would be 

needed. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. All comments 

submitted will be available in the Rules 

Docket for examination by interested 

persons. A report that summarizes each 

FAA-public contact concerned with the 

substance of this AD will be filed in the 

Rules Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their mailed 

comments submitted in response to this 

rule must submit a self-addressed, 

stamped postcard on which the 

following statement is made: 

‘‘Comments to Docket No. 2003–SW–

21–AD.’’ The postcard will be date 

stamped and returned to the 

commenter. 

The 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 of government. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

The FAA has determined that this 

regulation is an emergency regulation 

that must be issued immediately to 

correct an unsafe condition in aircraft, 

and that it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866. It has been determined 

further that this action involves an 

emergency regulation under DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979). If it is 

determined that this emergency 

regulation otherwise would be 

significant under DOT Regulatory 

Policies and Procedures, a final 

regulatory evaluation will be prepared 

and placed in the Rules Docket. A copy 

of it, if filed, may be obtained from the 

Rules Docket at the location provided 

under the caption ADDRESSES.

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:

2004–01–10 Eurocopter Deutschland:

Amendment 39–13424. Docket No. 

2003–SW–21–AD.

Applicability: Model MBB–BK–117 A–1, 

A–3, A–4, B–1, B–2, and C–1 helicopters 

with either: 

(a) Tail rotor (TR) transmission, part 

number (P/N) 4639003001 or 4639003007, 

with serial number (S/N) 900 through 932 

plus all S/Ns overhauled or repaired after 

July 15, 2001, and bearing, P/N 4639310006, 

S/N 3246 through 3598; or

(b) Intermediate (INT) gearbox, P/N 

4639002001 or 4639002005, with S/N 902 

through 928 plus all S/Ns overhauled or 

repaired after July 15, 2001, and bearing, P/

N 4639310006 with S/N 3246 through 3598. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent cracking, separation of the 

bearing cage, failure of a bearing, failure of 

the TR transmission or INT gearbox, and 

subsequent loss of control of the helicopter, 

accomplish the following: 

(a) Until you do paragraph (b) of this AD, 

before the first flight of each day, inspect the 

magnetic plugs of the TR transmission and 

INT gearbox for metal particles deposits by 

reference to Figure 1 of this AD.

Federal Register / Vol. 69, No. 4 / Wednesday, January 7, 2004 / Rules and Regulations 873

(1) If you find a small amount of fine fuzz 

as shown in ‘‘Pos. A’’ of Figure 1 of this AD, 

clean the magnetic plug and reinstall it after 

ensuring that the O-ring is correctly 

positioned and there is no other damage. 

(2) If you find an amount of fuzz as 

depicted in ‘‘Pos. B’’ or ‘‘Pos. C’’ or metal 

chip(s) as depicted in ‘‘Pos. D’’ through ‘‘Pos. 

G’’ or a combination of both fuzz and chips, 

do paragraph (b) of this AD. 

(b) No later than February 23, 2004, replace 

bearing, P/N 4639310006 with S/N 3246 

through 3598, with an airworthy bearing or 

replace the affected TR transmission or INT 

gearbox with an airworthy TR transmission 

and INT gearbox that does not contain the 

affected bearing. 

(c) 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 Safety Management Group, 

Rotorcraft Directorate, FAA, for information 

about previously approved alternative 

methods of compliance. 

(d) This amendment becomes effective on 

January 22, 2004.

Note: The subject of this AD is addressed 

in Luftfahrt-Bundesamt (Federal Republic of 

Germany) AD 2003–161, dated April 29, 

2003.

Issued in Fort Worth, Texas, on December 

31, 2003. 

David A. Downey, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service.

[FR Doc. 04–267 Filed 1–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF STATE

22 CFR Part 121 

[Public Notice 4581] 

RIN 1400–ZA06 

Amendment to the International Traffic 

in Arms Regulations: United States 

Munitions List

AGENCY: Department of State.

ACTION: Final rule.

SUMMARY: This rule amends the 

International Traffic in Arms 

Regulations (ITAR) to remove from U.S. 

Munitions List (USML) jurisdiction 

certain quartz rate sensors when the 

sensors are integrated into and included 

as an integral part of a commercial 

standby inertial navigation system for 

use on a civil aircraft or exported solely 

for integration into such systems. Based 

on a case-by-case review, the 

Department will review requests to 

determine if a sensor is eligible for 

removal from the USML under this 

regulatory change. In such cases, the 

Department will provide the exporter 

with written confirmation of this 

determination and the export of the 

sensors will be under the licensing 

jurisdiction of the Department of 

Commerce. In all other cases, these 

items will continue to be covered by the


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