Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19347

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to Eurocopter

Deutschland GmbH (ECD) Model MBBBK 117 helicopters was published in the

Federal Register on September 13, 1994

(59 FR 46946). That action proposed to

require replacing the current latches

with those having positive locks,

relocating certain latches, and installing

additional locks on the transmission

and engine cowling access doors within

the next 150 hours time-in-service.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

One commenter states that some of

the language in the AD should be

changed. Specifically, the commenter

believes that the words ‘‘access door

becoming loose in flight’’ and ‘‘resulting

in loss of control of the helicopter’’,

which were used to describe the unsafe

condition, are misleading. According to

the commenter, use of proper locking

procedures will prevent the doors from

becoming loose in flight. Also, there

have not been any incidents in which

there has been a loss of control of the

helicopter. The FAA does not concur.

The FAA has determined that the

current latches can become worn and

loose and subsequently fail, even if

properly latched. Thus far, loose

cowling doors have only caused damage

to main rotor blades. However, the FAA

has determined that main rotor blade

damage as well as other resultant

damage from loose cowling doors could

result in loss of control of the

helicopter.

After a careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed, except

that the words ‘‘cowlings, fire walls, and

fuselage’’ were added to paragraph (a) of

the AD to clarify that, in addition to

modifying the transmission and engine

cowlings, the appropriate mating

components also needed to be installed

on the cowlings, firewalls, and fuselage.

Additionally, the helicopter models

were listed to avoid confusion regarding

the applicability of the rule. Finally, the

FAA has revised the proposed estimated

average labor rate from $55 per work

hour to an estimated average labor rate

of $60 per work hour in the preamble

portion of this final rule. This revision

will increase the estimated total cost of

the AD from $390,474 to $418,824. The

FAA has determined that these changes

will neither increase the economic

burden on any operator nor increase the

scope of the AD.

The FAA estimates that 126

helicopters of U.S. registry will be

affected by this AD, that it will take

approximately 45 work hours per

helicopter to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will cost approximately $624 per

helicopter. Based on these figures, the

total cost impact of the AD on U.S.

operators is estimated to be $418,824.

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (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); 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. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it 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, Incorporation by reference,

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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive to

read as follows:

95–08–12 Eurocopter Deutschland GmbH

(ECD): Amendment 39–9201. Docket No.

94–SW–06–AD.

Applicability: Model MBB–BK 117 A–1, A–

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

numbers 7001 through 7201, certificated in

any category.

Compliance: Required as indicated, unless

accomplished previously.

To prevent the transmission and engine

cowling access doors from opening in flight,

being struck by the main rotor blade, and

subsequently, separating from the helicopter

and being ingested by the main rotor or tail

rotor system resulting in a loss of control of

the helicopter, accomplish the following:

(a) Within the next 150 hours time-inservice, remove the left-hand and right-hand

transmission and engine cowlings without

removing the transmission and engine

cowling access doors that are installed on the

transmission and engine cowlings, and

modify the access door latches, cowlings, fire

walls, and fuselage in accordance with the

Work Procedure contained in the

Accomplishment Instructions of MBBHelicopters Alert Service Bulletin ASB–

MBB–BK 117–20–104, Revision 1, dated

December 8, 1989.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used when approved by the Manager,

Rotorcraft Standards Staff, FAA, Rotorcraft

Directorate. Operators shall submit their

requests through an FAA Principal

Maintenance Inspector, who may concur or

comment and then send it to the Manager,

Rotorcraft Standards Staff.

Note: Information concerning the existence

of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Standards Staff.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

(d) The modification shall be done in

accordance with MBB-Helicopters Alert

Service Bulletin ASB–MBB–BK 117–20–104,

Revision 1, dated December 8, 1989. This

incorporation by reference was approved by

the Director of the Federal Register 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. Copies may be inspected at the FAA,

Office of the Assistant Chief Counsel, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas; or at the Office of the Federal Register,

800 North Capitol Street, NW., suite 700,

Washington, DC.

(e) This amendment becomes effective on

May 23, 1995.

Issued in Fort Worth, Texas, on April 10,

1995.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 95–9236 Filed 4–17–95; 8:45 am]

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