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[Federal Register: October 29, 2010 (Volume 75, Number 209)]
[Rules and Regulations]               
[Page 66657-66659]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc10-7]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0780; Directorate Identifier 2009-SW-68-AD; 
Amendment 39-16486; AD 2010-22-07]
RIN 2120-AA64

 
Airworthiness Directives; Eurocopter Deutschland GmbH Model MBB-
BK 117 C-2 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD) for the Eurocopter Deutschland GmbH (ECD) Model MBB BK 117 C-2 
helicopters. This amendment results from a mandatory continuing 
airworthiness information (MCAI) AD issued by the European Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Community. The MCAI AD states there was an in-
flight incident in which a dynamic weight broke off the

[[Page 66658]]

control lever leading to considerable vibrations. A visual inspection 
revealed that the threaded bolt of the control lever had broken off. 
The actions specified by this AD are intended to prevent separation of 
dynamic weights, severe vibration, and subsequent loss of control of 
the helicopter.

DATES: Effective December 3, 2010.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 3, 2010.

ADDRESSES: 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 AD docket on the Internet 
at http://www.regulations.gov, or in person at the Docket Operations 
Office, West Building Ground Floor, Room W12-140, 1200 New Jersey 
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Sharon 
Miles, ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, 
Regulations and Policy Group, 2601 Meacham Blvd., ASW-111, Fort Worth, 
Texas 76137, telephone (817) 222-5122, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: 

Discussion

    A proposal to amend 14 CFR Part 39 by superseding AD 2006-26-51, 
Amendment 39 14961 (72 FR 13679, March 23, 2007) for the specified ECD 
model helicopters was published in the Federal Register on August 11, 
2010 (75 FR 48617). AD 2006-26-51 requires actions intended to address 
an unsafe condition on the Model MBB-BK 117 C-2 helicopters. Since we 
issued AD 2006-26-51, the manufacturer has modified the control lever 
and dynamic weights, which when installed on the helicopter will 
constitute terminating action for the requirements in AD 2006-26-51.
    EASA, which is the technical agent for the Member States of the 
European Community, has issued EASA AD No. 2007-0237, dated August 31, 
2007, to correct an unsafe condition for the Model MBB-BK 117 C-2 
helicopters. The MCAI AD states: ``EASA was informed by the 
manufacturer of an in-flight incident in which a dynamic weight broke 
off the control lever subsequently leading to considerable vibrations. 
A visual inspection revealed that the threaded bolt of the control 
lever had broken off.''
    You may obtain further information by examining the MCAI AD and 
service information in the AD docket.

Related Service Information

    ECD has issued ECD Alert Service Bulletin MBB BK117 C-2-64A-002, 
Revision 2, dated August 6, 2007. The actions described in the MCAI AD 
are intended to correct the same unsafe condition as that identified in 
the service information.

FAA's Evaluation and Unsafe Condition Determination

    This helicopter has been approved by the aviation authority of the 
Federal Republic of Germany and is approved for operation in the United 
States. Pursuant to our bilateral agreement with the Federal Republic 
of Germany, EASA, their Technical Agent, has notified us of the unsafe 
condition described in the MCAI AD. We are issuing this AD because we 
evaluated all information provided by EASA and determined the unsafe 
condition exists and is likely to exist or develop on other helicopters 
of this same type design.

Differences Between the AD and the MCAI AD

    We refer to flight hours as hours time-in-service. We do not refer 
to a date of October 31, 2007, for replacing the levers because the 
date has passed.

Comments

    Interested 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. We have 
determined that air safety and the public interest require the adoption 
of the rule as proposed.

Cost of Compliance

    We estimate that this AD will affect 41 helicopters of U.S. 
registry. We also estimate that it will take about 20 work-hours per 
helicopter to inspect and replace the tail rotor control lever. The 
average labor rate is $85 per work-hour, and required parts will cost 
about $10,316 per helicopter. Based on these figures, we estimate the 
total cost of this AD to U.S. operators to be $492,656, or $12,016 per 
helicopter, assuming the control lever is replaced on the entire fleet.

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, 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 and placed it in the AD docket.

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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR Part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for Part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. Section 39.13 is amended by removing Amendment 39 14961 (72 FR 
13679, March 23, 2007), and by adding

[[Page 66659]]

a new airworthiness directive (AD), Amendment 39 16486, to read as 
follows:

2010-22-07 Eurocopter Deutschland GmbH: Amendment 39-16486; Docket 
No. FAA-2010-0780; Directorate Identifier 2009-SW-68-AD. Supersedes 
AD 2006-26-51, Amendment 39 14961, Docket No. FAA-2006-26721, 
Directorate Identifier 2006-SW-28-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on 
December 3, 2010.

Other Affected ADs

    (b) This AD supersedes AD 2006-26-51, Amendment 39-14961, Docket 
No. FAA 2006-26721, Directorate Identifier 2006-SW-28-AD.

Applicability

    (c) This AD applies to Model MBB-BK 117 C-2 helicopters with a 
tail rotor control lever B642M1009103, installed, certificated in 
any category.

Reason

    (d) The mandatory continued airworthiness information (MCAI) AD 
states: ``European Aviation Safety Agency (EASA) was informed by the 
manufacturer of an in-flight incident in which a dynamic weight 
broke off the control lever subsequently leading to considerable 
vibrations. A visual inspection revealed that the threaded bolt of 
the control lever had broken off.'' This AD requires actions that 
are intended to prevent separation of dynamic weights, severe 
vibration, and subsequent loss of control of the helicopter.

Actions and Compliance

    (e) Before further flight, unless already done, 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. Inspect by following the Accomplishment Instructions, 
paragraph 3.A.(1) through 3.A.(3) and Figure 1, of Eurocopter Alert 
Service Bulletin MBB BK 117 C-2-64A-002, Revision 2, dated August 6, 
2007 (ASB).
    (1) If done previously, within the next 8 hours time-in-service 
(TIS) or before reaching 25 hours TIS after the last inspection, and 
thereafter at intervals not to exceed 8 hours TIS, repeat the visual 
inspection of the tail rotor control lever as required by paragraph 
(e) of this AD.
    (2) If you find a score mark, a notch, or a scratch that exceeds 
the maintenance manual limits, or find a crack, before further 
flight:
    (i) Replace the tail rotor control lever with an airworthy tail 
rotor control lever; and
    (ii) Reidentify the tail rotor head, head assembly, and drive 
system with the new part numbers by following the Accomplishment 
Instructions, paragraph 3.B.(1) through 3.B.(8) and 3.C.(1) through 
3.C.(2), of the ASB.
    (f) Within 100 hours TIS, unless already done, replace the 
control levers and reidentify the tail rotor head, head assembly, 
and drive system with the new part numbers by following the 
Accomplishment Instructions, paragraph 3.B.(1) through 3.B.(8) and 
3.C.(1) through 3.C.(2), of the ASB.
    (g) Replacing the control levers and reidentifying the part 
numbers is terminating action for the requirements of this AD.

Differences Between the FAA AD and the MCAI AD

    (h) We refer to flight hours as hours TIS. We do not refer to a 
date of October 31, 2007, for replacing the levers because the date 
has passed.

Other Information

    (i) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, ATTN: DOT/FAA Southwest Region, Sharon 
Miles, ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, 
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 
76137, telephone (817) 222-5122, fax (817) 222 5961, has the 
authority to approve AMOCs for this AD, if requested, using the 
procedures found in 14 CFR 39.19.
    (j) Special flight permits are prohibited.

Related Information

    (k) MCAI EASA Airworthiness Directive No. 2006-0237, dated 
August 31, 2007, which supersedes EASA Emergency AD 2007-0189-E, 
dated July 12, 2007, contains related information.

Joint Aircraft System/Component Code

    (l) The Joint Aircraft System/Component Code is 6400: Tail rotor 
system-control lever.

Material Incorporated by Reference

    (m) The actions shall be done in accordance with the specified 
portions of Eurocopter Deutschland GmbH Alert Service Bulletin MBB 
BK117 C-2-64A-002, Revision 2, dated August 6, 2007. 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.

    Issued in Fort Worth, Texas, on October 12, 2010.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-26563 Filed 10-28-10; 8:45 am]
BILLING CODE 4910-13-P
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