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[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Rules and Regulations]
[Pages 44116-44118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17604]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0356; Directorate Identifier 2011-SW-067-AD; 
Amendment 39-17128; AD 2012-14-14]
RIN 2120-AA64

Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Eurocopter Deutschland GmbH (ECD) MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-
BK B-1, MBB-BK 117 B-2, and MBB-BK C-1 helicopters equipped with a 
certain external-hoist system (hoist system). This AD requires 
deactivating the entire hoist system or deactivating the hoist system 
cable cutter function on the hoist system operator control handle 
(operator handle). This AD was prompted by an uncommanded activation of 
the hoist cable cutter function on an MBB-BK117 C-1 helicopter. The 
actions of this AD are intended to prevent uncommanded cutting of the 
hoist cable and subsequent injury to persons being lifted by the hoist.

DATES: This AD is effective August 31, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of August 31, 2012.

ADDRESSES: For service information identified in this AD, contact 
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX 
75052, telephone (972) 641-0000 or (800) 232-0323, fax (972) 641-3775, 
or at http://www.eurocopter.com/techpub.
    You may review the referenced service information at the FAA, 
Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., 
Room 663, Fort Worth, Texas 76137.

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 AD, any incorporated-by-reference 
service information, the economic evaluation, any comments received, 
and other information. The street address for the Docket Operations 
Office (phone: 800-647-5527) is U.S. Department of Transportation, 
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 
Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-5110; email 
george.schwab@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    On April 4, 2012, at 77 FR 20321, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 to include an AD that would apply to ECD Model MBB-BK 117 
A-3, MBB-BK 117 A-4, MBB-BK B-1, MBB-BK 117 B-2, and MBB-BK C-1 
helicopters equipped with a certain hoist system. That NPRM proposed to 
require deactivating the entire hoist system or deactivating the hoist 
system cable cutter function on the operator handle. The proposed 
requirements were intended to prevent uncommanded cutting of the hoist 
cable and subsequent injury to persons being lifted by the hoist.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
No. 2011-0126, dated July 1, 2011 (EASA AD 2011-0126), to correct an 
unsafe condition for the ECD Model MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-
BK B-1, MBB-BK 117 B-2, and MBB-BK C-1 helicopters equipped with a 
certain hoist system. EASA AD 2011-0126 requires deactivation of the 
affected external hoist system by pulling and securing the related 
circuit breakers, or by removing the hoist boom.
    After EASA AD 2011-0126 was issued, it was discovered that pulling 
the circuit breaker WARN ANN II degraded the annunciator system's 
redundant power supply, so that pilots could not be warned of a second 
helicopter system failure. Prompted by these findings, EASA issued 
superseding EASA AD No. 2011-0131, dated July 8, 2011 (EASA AD 2011-
0131), to require pulling only three circuit breakers (CABLE CUTTER, 
WINCH CONT, and WINCH BOOM), while circuit breaker WARN ANN II remains 
inserted.
    EASA advises that since EASA AD 2011-0131 was issued ``a corrective 
action has been developed to establish an adequate safety level, while 
a terminating action is under

[[Page 44117]]

investigation but currently not available.'' EASA subsequently issued 
the current EASA AD No. 2011-0148, dated August 5, 2011 (EASA AD 2011-
0148), which retains the requirements of EASA AD 2011-0131 and requires 
modification of the helicopter wiring and operator handle, part number 
(P/N) 76803, a revision to the Rotorcraft Flight Manual and Supplement, 
and repetitive inspections of the operator handle. EASA AD 2011-0148 
also requires implementing a 10-year time frame for overhaul of the 
operator handle.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we did not receive any comments on the NPRM.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Germany and are approved for operation in the United States. Pursuant 
to our bilateral agreement with Germany, EASA, its technical 
representative, has notified us of the unsafe condition described in 
the EASA 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 these same 
type designs and that air safety and the public interest require 
adopting the AD requirements as proposed.

Interim Action

    We consider this AD to be an interim action. The design approval 
holder is currently developing a terminating action to address the 
unsafe condition identified in this AD. Once this terminating action is 
developed, approved, and available, we might consider additional 
rulemaking.

Differences Between This AD and the EASA AD

    This AD applies to the ECD Model MBB-BK 117 A-4 model. The EASA AD 
makes no mention of this model. The EASA AD also applies to the MBB-BK 
117 A-1 model. Eurocopter informs us that the MBB-BK 117 A-1 model no 
longer exists, so we did not include it in our AD. The EASA AD requires 
temporary revisions to the Rotorcraft Flight Manual and its 
supplements; this AD does not. The EASA AD requires overhaul of the 
operator handle every ten years; this AD does not.

Related Service Information

    ECD has issued Emergency Alert Service Bulletin MBB-BK117-80-166, 
Revision 1, dated August 4, 2011 (ASB). The ASB specifies the 
deactivation of the cable cutter function on the operator handle. After 
the cable cutter function on the operator handle has been deactivated, 
the rescue winch may be used.

Costs of Compliance

    We estimate that this AD will affect about 12 helicopters of U.S. 
registry.
    We estimate the following costs to comply with this AD:
     Option 1: Pull and secure three circuit breakers. We 
estimate that this task will require about one half-hour to complete. 
At $85 per work-hour, the labor cost will total about $43. No parts 
will be needed, so we estimate the total cost per helicopter to be $43, 
or $516 for the fleet.
     Option 2: Remove the hoist boom from the helicopter. We 
estimate that this task will require 1.5 hours to complete at $85 per 
work-hour for a total labor cost of about $128. No parts will be 
needed, so we estimate the total cost per helicopter to be $128, or 
$1,536 for the fleet.
     Option 3: We estimate that modifying the hoist operator 
handle will require four work-hours at $85 per work-hour for a total 
labor cost of $340 per helicopter. Parts will cost about $92. 
Inspecting the hoist-operator handle for damage will take about one 
half-hour for a labor cost of about $43. For 12 monthly inspections per 
year, the annual cost will total $516. We estimate that replacing the 
operator handle with a new operator handle will require 0.25 work hour 
at $85 an hour for a labor cost of about $21 per helicopter. Parts will 
cost about $18,500 for a total cost of $18,521 per helicopter. Total 
costs per helicopter will vary, depending on whether repairs are 
needed.

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 helicopters identified in this 
rulemaking action.

Regulatory Findings

    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 this AD:
    (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);
    (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 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.

Adoption of the Amendment

    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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2012-14-14 Eurocopter Deutschland GmbH Helicopters: Amendment 39-
17128; Docket No. FAA-2012-0356; Directorate Identifier 2011-SW-067-
AD.

(a) Applicability

    This AD applies to Model MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 
B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1 helicopters with an external 
hoist system (hoist system) Part Number (P/N) 117-80403 or P/N 117-
804061 installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as an uncommanded cutting 
of the hoist cable.

[[Page 44118]]

This condition could result in loss of the helicopter hoist and load 
and subsequent injury to persons being lifted by the hoist.

(c) Effective Date

    This AD becomes effective August 31, 2012.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    (1) Before the next hoist operation or within 30 days, whichever 
comes first, comply with either paragraph (1)(i), (1)(ii), or 
(1)(iii):
    (i) Deactivate the hoist system by pulling the CABLE CUTTER, 
WINCH CONT, and WINCH BOOM circuit breakers and securing each 
circuit breaker with a cable tie; or
    (ii) Deactivate the hoist system by removing the hoist boom from 
the helicopter; or
    (iii) Deactivate the external hoist operator handle cable-cutter 
function by accomplishing the following:
    (A) Modify the helicopter wiring and the operator handle, 
P[sol]N 76803, in accordance with the Accomplishment Instructions, 
Paragraph 3.B.1 (b), of Eurocopter Emergency Alert Service Bulletin 
MBB-BK117-80-166, Revision 1, dated August 4, 2011 (ASB).
    (B) Inspect the operator handle P/N 76803 and the coiled cable 
of the operator handle for damage in accordance with Paragraph 
3.B.1.(a)(2) of the ASB. Damage is also defined as any condition 
that could prevent the part's ability to perform its intended 
function.
    (1) If the operator handle or the coiled cable of the operator 
handle has damage, replace the operator handle with an airworthy 
operator handle P/N 76803, before the next hoist operation.
    (2) At intervals not to exceed 30 days, repeat the inspection in 
Paragraph (1)(iii)(B) of the Required Actions section of this AD.
    (2) Before installing an affected hoist system on any 
helicopter, comply with Paragraph (1) of the Required Actions 
section of this AD.
    (3) Before installing an operator handle P/N 76803 on any 
helicopter, comply with Paragraph (1)(iii)(A) of the Required 
Actions section of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: George Schwab, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 
Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-5110; email 
george.schwab@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR 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.

(g) Additional Information

    The subject of this AD is addressed in the European Aviation 
Safety Agency (EASA) AD No. 2011-0126, dated July 1, 2011; EASA AD 
No. 2011-0131, dated July 8, 2011; and EASA AD No. 2011-0148, dated 
August 5, 2011.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2597, Equipment/
furnishing system wiring.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Eurocopter Emergency Alert Service Bulletin MBB-BK117-80-
166, Revision 1, dated August 4, 2011.
    (3) For service information identified in this AD, contact 
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, 
TX 75052, telephone (972) 641-0000 or (800) 232-0323, fax (972) 641-
3775, or at http://www.eurocopter.com/techpub.
    (4) You may review the service information at the FAA, Office of 
the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137.
    (5) You may also review a copy of the service information that 
is incorporated by reference 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 July 11, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-17604 Filed 7-26-12; 8:45 am]
BILLING CODE 4910-13-P
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