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[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Proposed Rules]
[Pages 7005-7007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3187]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


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

[[Page 7005]]

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).

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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

[[Page 7006]]

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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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 one-engine-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).

[[Page 7007]]

    (C) Attach each revised page 11-1-7 (ASB121, page 11) through 
11-1-10 (ASB121, page 14) to the unrevised same-numbered 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
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