25402 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Airbus SAS—EAW 

(Airworthiness Office), 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; e-mail: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies 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 Renton, Washington, on May 15, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–12322 Filed 5–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0453; Directorate 

Identifier 2008–SW–63–AD; Amendment 39– 

15911; AD 2009–11–01] 

RIN 2120–AA64 

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 (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

the specified ECD model helicopters 

that currently requires initial and 

repetitive inspections of the main rotor 

blade (blade) upper and lower surfaces 

for bulging. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, based on reported 

incidents in which a balance weight 

migrated toward the tip of the blade. 

The MCAI states that new blades have 

become available that are not fitted with 

lead balance weights. The MCAI states 

that only blades equipped with a lead 

balance weight may result in the unsafe 

condition. This AD retains the 

requirements of the current AD but 

limits the applicability to those partnumbered blades that are fitted with 

lead balance weights. The actions are 

intended to limit the applicability to 

those blades fitted with lead balance 

weights that could detach, migrate, and 

cause severe vibrations leading to blade 

failure and subsequent loss of control of 

the helicopter. 

DATES: This AD becomes effective on 

June 12, 2009. 

We must receive comments on this 

AD by July 27, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting your 

comments electronically. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may get the service information 

identified in this AD from American 

Eurocopter Corporation, 2701 Forum 

Drive, Grand Prairie, TX 75053–4005, 

telephone (972) 641–3460, fax (972) 

641–3527, or at http:// 

www.eurocopter.com. 

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 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this AD, the 

economic evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is 

stated in the ADDRESSES section of this 

AD. Comments will be available in the 

AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Miles, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Guidance Group, Fort Worth, Texas 

76193–0111, telephone (817) 222–5122, 

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD 2008– 

0156, dated August 19, 2008, to 

supersede Luftfahrt-Bundesamt (LBA) 

Germany AD D–1994–280R3 (EASA 

approval 2005–6229) issued on 

September 19, 2005. Since the LBA AD 

was issued, new blades have become 

available that do not have lead balance 

weights. The LBA AD was issued 

following reports of two flight incidents 

involving balance weights detaching 

from the blade structure and migrating 

toward the tip of the blade causing 

severe vibrations. The centrifugal force 

on the blades can bring about creep 

deformation of the lead balance weight 

resulting in bulging of the blade skin. 

The height of such bulges is the criteria 

for assessing the extent of possible 

damage to the structure around the lead 

balance weight and the possibility of 

blade failure. The EASA AD states, 

‘‘only MR blades equipped with a lead 

balance weight are affected by this 

unsafe condition.’’ The EASA AD also 

states that current requirements are 

retained but limits the applicability to 

those part-numbered blades that are 

fitted with lead balance weights. The 

actions are intended to limit the 

applicability to those blades with lead 

balance weights that could detach, 

migrate, and cause severe vibrations 

leading to blade failure and subsequent 

loss of control of the helicopter. 

You may obtain further information 

by examining the MCAI and any related 

service information in the AD docket. 

Related Service Information 

ECD has issued Alert Service Bulletin 

MBB–BK117–10–108, Revision 3, dated 

August 7, 2008 (ASB). This ASB limits 

the applicability to certain partnumbered blades with a lead balance 

weight. This ASB replaces Revision 2. 

Revision 3 of the ASB states that if one 

of the previous revisions has been done, 

no further work is required due to 

Revision 3. The ASB notes that ‘‘the 

inspection interval was incorporated in 

the MBB–BK117 Maintenance Manual 

(MM) with Revision No. 24 (for MBB– 

BK117 A–1 through B–2) and with 

Revision No. 5 (for MBB–BK117 C–1).’’ 

The ASB also notes that ‘‘provided that 

the first inspection has been 

accomplished during 5 flight hours and 

upon availability of these changes in the 

MM, the ASB–MBB–BK117–10–108 will 

no longer be effective.’’ The ASB further 

states that if one of the editions of this 

ASB before Revision 3 has been done, 

you should inspect the blades for 

bulging by following the MM and at the 

Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 25403 

intervals stated in the MM with the first 

inspection for bulging to be done after 

1,800 flight hours time since new. The 

actions described in the MCAI are 

intended to correct the same unsafe 

condition as that identified in the 

service information. 

FAA’s Evaluation and Unsafe Condition 

Determination 

These ECD model helicopters have 

been approved by the aviation authority 

of the Federal Republic of Germany and 

are approved for operation in the United 

States. Pursuant to our bilateral 

agreement with the Federal Republic of 

Germany, their Technical Agent has 

notified us of the unsafe condition 

described in the MCAI. 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 

ECD model helicopters of these same 

type designs. 

Differences Between This AD and the 

MCAI AD 

We refer to flight hours as hours timein-service. We retained the compliance 

time from the current AD and the 

Eurocopter ASB, dated August 18, 1994, 

and did not include the option of 

accumulating 1,800 flight hours since 

the first flight as stated in the MCAI. We 

do not incorporate ASB, Revision 3, 

damage inspection. We do not require 

that you contact ECD for instructions for 

corrective action. This AD requires that 

you contact the FAA for an Alternate 

Method of Compliance. 

Costs of Compliance 

We estimate that this AD will affect 

about 30 helicopters of U.S. registry. We 

also estimate that it will take about l

⁄2

work-hour per helicopter to inspect 

each blade. The average labor rate is $80 

per work-hour. Required parts will cost 

about $87,000 per blade. Based on these 

figures, we estimate the cost of this AD 

on U.S. operators will be $102,600, 

assuming 1 initial and 12 recurring 

inspections of the blade during the first 

year and 1 blade replacement. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. We find that the risk to the flying 

public justifies waiving notice and 

comment prior to adoption of this rule 

because the initial inspection time is 

within 5 hours TIS. There is a 

significant unjustified burden on 

operators who have replaced their 

blades with redesigned part numbered 

blades because the inspection need not 

apply to those blades. Therefore, we 

have determined that notice and 

opportunity for public comment before 

issuing this AD are impracticable and 

that good cause exists for making this 

amendment effective in fewer than 30 

days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. 

However, we invite you to send us any 

written data, views, or arguments 

concerning this AD. Send your 

comments to an address listed under the 

ADDRESSES section of this AD. Include 

‘‘Docket No. FAA–2009–0453; 

Directorate Identifier 2008–SW–63–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

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 

product(s) identified in this rulemaking 

action. 

Regulatory Findings 

We 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. 

Therefore, I certify this AD: 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Amendment 39–9399 (60 FR 

53507, October 16, 1995) and by adding 

the following new AD: 

2009–11–01 Eurocopter Deutschland 

GmbH: Amendment 39–15911. Docket 

No. FAA–2009–0453; Directorate 

Identifier 2008–SW–63–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective on June 12, 2009 

Other Affected ADs 

(b) Supersedes AD 95–21–12, Amendment 

No. 39–9399, Docket Number 94–SW–19–AD 

(60 FR 53507, October 16, 1995). 

Applicability 

(c) This AD applies to Model MBB–BK 117 

A–1, A–3, A–4, B–1, B–2, and C–1 

helicopters, certificated in any category, with 

the following main rotor blade (blade) 

installed: 

BLADE PART NUMBER (P/N) 

117–15001 

117–150021 

117–150061 

117–151321 

117–151341, 117–151341V001 

117–151351, 117–151351V001 

117–151361, 117–151361V001 

117–151421V001 

117–151441, 117–151441V001 

25404 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 

BLADE PART NUMBER (P/N)— 

Continued 

117–151441V002, 117–151441V003 

117–151451, 117–151451V001 

117–151451V002, 117–151451V003 

117–151461, 117–151461V001 

Reason 

(d) Redesigned blades have become 

available that are not fitted with lead balance 

weights. Only a blade equipped with a lead 

balance weight may contain the unsafe 

condition. This AD retains the requirements 

of the current AD but limits the applicability 

to those part-numbered blades that are fitted 

with lead balance weights. The actions are 

intended to detect the blades fitted with lead 

balance weights that could move and cause 

severe vibrations leading to blade failure and 

subsequent loss of control of the helicopter. 

Actions and Compliance 

(e) Required as indicated: 

(1) Within 5 hours time-in-service (TIS), 

unless already done, and thereafter at 

intervals not to exceed 50 hours TIS, visually 

inspect the upper and lower surfaces of each 

affected main rotor blade (blade) in the area 

of the outboard lead balance weight in the 

marked inspection area for bulging. 

(i) If a marked inspection area is not 

visible, mark the area using a water-resistant 

and indelible marking pencil and then 

inspect the upper and lower surfaces of each 

blade in the area of the outboard lead balance 

weight for bulging. 

Note: For guidance, the current MBB– 

BK117 Maintenance Manual at Figure 14–5A 

contains the dimensions and placement of 

the inspection area. 

(ii) If bulging exceeds 1 millimeter (mm) 

(0.040 inch) in height, before further flight, 

remove the blade and replace it with an 

airworthy blade that is not listed in the 

applicability of this AD. 

(2) Replacing the affected blade with an 

airworthy blade that is not listed in the 

applicability of this AD is terminating action 

for the requirements of this AD. 

Differences Between This AD and the MCAI 

AD 

(f) We refer to flight hours as hours TIS. We 

retained the compliance time from the 

current AD and the Eurocopter ASB, dated 

August 18, 1994, and did not include the 

option of accumulating 1,800 flight hours 

since the first flight as stated in the MCAI. 

We do not incorporate ASB, Revision 3, 

damage inspection. We do not require that 

you contact ECD for instructions for 

corrective action. This AD requires that you 

contact the FAA for an Alternate Method of 

Compliance. 

Other Information 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, FAA, ATTN: Sharon Miles, Aviation 

Safety Engineer, Rotorcraft Directorate, 

Regulations and Guidance Group, Fort 

Worth, Texas 76193–0111, 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. 

Related Information 

(h) European Aviation Safety Agency 

(EASA) AD No. 2008–0156, dated August 19, 

2008, and Eurocopter Alert Service Bulletin 

MBB–BK117 No. ASB–MBB–BK117–10–108, 

Revision 3, dated August 7, 2008, contains 

related information. 

Air Transport Association of America (ATA) 

Tracking Code 

(i) ATA Code No. 6210 Main Rotor Blades. 

Issued in Fort Worth, Texas, on May 7, 

2009. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–12320 Filed 5–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0479; Directorate 

Identifier 2009–NM–006–AD; Amendment 

39–15918; AD 2009–11–08] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–202, –223, –243, –301, –322, and 

–342 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During the A330 and A340 aircraft fatigue 

test, cracks appeared on the right and left 

sides between the crossing area of the keel 

angle fitting and the front spar of the Centre 

Wing Box (CWB). Several modifications have 

been introduced in the fleet in the area of 

frame [FR] 40 keel angle assembly in order 

to prevent these cracks. However the new 

design has caused interference between one 

fastener and the keel angle which was 

corrected by further local reprofiling of the 

keel angle horizontal flange. Analysis shows 

that without an inspection of this reprofiled 

area, the structural integrity of the area is 

impacted, which constitutes an unsafe 

condition. 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective June 

12, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of June 12, 2009. 

We must receive comments on this 

AD by June 29, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, 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 AD, the regulatory 

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 FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1138; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0213, 

dated December 8, 2008 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

During the A330 and A340 aircraft fatigue 

test, cracks appeared on the right and left 

sides between the crossing area of the keel 

angle fitting and the front spar of the Centre 

Wing Box (CWB). Several modifications have