DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
14 CFR Part 39
[Docket No. FAA-2010-0780; Directorate Identifier 2009-SW-68-AD] RIN 2120
-AA64
AIRWORTHINESS DIRECTIVES; Eurocopter Deutschland GmbH (ECD) Model MBB-BK
117 C-2 Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to supersede an existing airworthiness directive (AD)
for ECD Model MBB-BK 117 C-2 helicopters. This proposed AD results from a
mandatory continuing airworthiness information (MCAI) AD issued by the
European Aviation Safety Agency (EASA), which is the Technical Agent for
the Member States of the European Community. The MCAI AD states there was
an in-flight incident in which a dynamic weight broke off the control
lever leading to considerable vibrations. A visual inspection revealed
that the threaded bolt of the control lever had broken off. The proposed
actions are intended to prevent separation of dynamic weights, severe
vibration, and subsequent loss of control of the helicopter.
DATES: We must receive comments on this proposed AD by September 10, 2010.
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 W12-140, 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 proposed AD from
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas
75053-4005, telephone (972) 641-3460, fax (972) 641-3527.
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 proposed 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 proposal. Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Sharon Miles,
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, Regulations and
Guidance Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone
(817) 222-5122, fax (817) 222-5961.
SUPPLEMENTARY INFORMATION:
COMMENTS INVITED
We invite you to send any written data, views, or arguments about this
proposed AD. Send your comments to an address listed in the ADDRESSES
section of this proposal. Include "Docket No. FAA-2010-0780; Directorate
Identifier 2009-SW-68-AD" at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed AD
based on 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 proposed AD.
DISCUSSION
On March 14, 2007, we issued AD 2006-26-51, Amendment 39-14961 (72 FR
13679, March 23, 2007). That AD required actions intended to address an
unsafe condition on the Model MBB-BK 117 C-2 helicopters. Since we issued
AD 2006-26-51, the manufacturer has modified the control lever and dynamic
weights, which when installed on the helicopter will constitute
terminating action for the requirements in AD 2006-26-51.
EASA, which is the technical agent for the Member States of the European
Community, has issued EASA AD No. 2007-0237, dated August 31, 2007, to
correct an unsafe condition for the Model MBB-BK 117 C-2 helicopters. The
MCAI AD states: "EASA was informed by the manufacturer of an in-flight
incident in which a dynamic weight broke off the control lever
subsequently leading to considerable vibrations. A visual inspection
revealed that the threaded bolt of the control lever had broken off."
You may obtain further information by examining the MCAI AD and service
information in the AD docket.
RELATED SERVICE INFORMATION
ECD has issued ECD Alert Service Bulletin MBB BK117 C-2-64A-002, Revision
2, dated August 6, 2007. The actions described in the MCAI AD are intended
to correct the same unsafe condition as that identified in the service
information.
FAA'S EVALUATION AND UNSAFE CONDITION DETERMINATION
This helicopter has been approved by the aviation authority of the Federal
Republic of Germany and is approved for operation in the United States.
Pursuant to our bilateral agreement with the Federal Republic of Germany,
EASA, their Technical Agent, has notified us of the unsafe condition
described in the MCAI AD. We are proposing 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 this same
type design.
DIFFERENCES BETWEEN THE AD AND THE MCAI AD
We refer to flight hours as hours time-in-service. We do not refer to a
date of October 31, 2007, for replacing the levers because the date has
passed.
COSTS OF COMPLIANCE
We estimate that this proposed AD would affect 41 helicopters of U.S.
registry. We also estimate that it would take about 20 work-hours per
helicopter to inspect and replace the tail rotor control lever. The
average labor rate is $85 per work-hour. Required parts would cost about
$10,316 per helicopter. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $492,656 or $12, 016 per helicopter,
assuming the control lever is replaced on the entire fleet.
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 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 responsib-
ilities among the various levels of government.
Therefore, I certify this proposed AD:
1. Is not a "significant regulatory action" under Executive Order 12866;
2. Is not a "significant rule" under the DOT Regulatory Policies and Pro-
cedures (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 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 removing Amendment 39-14961 (72 FR 13679,
dated March 23, 2007) and adding the following new AD: