[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Rules and Regulations]
[Pages 19346-19347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9236]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-SW-06-AD; Amendment 39-9201; AD 95-08-12]


Airworthiness Directives; Eurocopter Deutschland GmbH (ECD) 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.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to Eurocopter Deutschland GmbH (ECD) Model MBB-BK 117 A-1, 
A-3, A-4, B-1, B-2, and C-1 helicopters, that requires a modification 
of the latches on the transmission and engine cowling access doors. 
This amendment is prompted by five occurrences of an engine or 
transmission cowling access door becoming loose in flight. The actions 
specified by this AD are intended 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.

DATES: Effective May 23, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 23, 1995.
ADDRESSES: The service information referenced in this AD may be 
obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand 
Prairie, Texas 75053-4005. This information may be examined 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.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Monschke, Aerospace 
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5116, fax 
(817) 222-5961.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
[[Page 19347]] Aviation Regulations (14 CFR part 39) to include an 
airworthiness directive (AD) that is applicable to Eurocopter 
Deutschland GmbH (ECD) Model MBB-BK 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.


Sec. 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-in-service, 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 MBB-Helicopters 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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