[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Proposed Rules]
[Pages 5186-5187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2720]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-SW-23-AD]


Airworthiness Directives; Eurocopter Deutschland GmbH Model MBB-
BK 117 A-1, A-3, A-4, B-1, B-2 and C-1 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to Eurocopter Deutschland GmbH 
(Eurocopter) Model MBB-BK 117 A-1, A-3, A-4, B-1, B-2, and C-1 
helicopters. This proposal would establish a new retirement life for 
the clutch and would require an entry into the Accessory Replacement 
Record indicating the new life limit. This proposal is prompted by a 
recalculation of life limitations by the part manufacturer, Warner 
Electric. The clutch manufacturer used the airframe load spectrum to 
establish the new life limit of 3,600 hours time-in-service (TIS). The 
actions specified by the proposed AD are intended to prevent failure of 
the clutch, loss of power to the main rotor and a subsequent forced 
landing of the helicopter.

DATES: Comments must be received by April 7, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Assistant Chief Counsel, Attention: 
Rules Docket No. 96-SW-23-AD, 2601 Meacham Blvd., Room 663, Fort Worth, 
Texas 76137. Comments may be inspected at this location between 9 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand 
Prairie, Texas 75053-4005.

FOR FURTHER INFORMATION CONTACT:
Mr. Lance T. Gant, Aerospace Engineer, FAA, Rotorcraft Standards Staff, 
Rotorcraft Directorate, 2601 Meacham Blvd., Fort Worth, Texas 76137; 
telephone (817) 222-5114, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 96-SW-23-AD.'' The

[[Page 5187]]

postcard will be date stamped and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Office of the Assistant Chief Counsel, Attention: Rules 
Docket No. 96-SW-23-AD, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 
76137.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for the Federal Republic of Germany, recently notified the FAA that an 
unsafe condition may exist on Eurocopter Model MBB-BK 117 A-1, A-3, A-
4, B-1, B-2, and C-1 helicopters. The LBA advises that an entry will be 
made in the Accessory Replacement Record (ARR) to reflect a life limit 
change, and the clutch will be replaced, if necessary, and then 
reidentified. The LBA has issued AD 95-242, dated June 13, 1995, in 
order to assure the continued airworthiness of these helicopters in the 
Federal Republic of Germany.
    This helicopter model is manufactured in the Federal Republic of 
Germany and is type certificated for operation in the United States 
under the provisions of Sec. 21.29 of the Federal Aviation Regulations 
(14 CFR 21.29) and the applicable bilateral airworthiness agreement. 
Pursuant to this bilateral airworthiness agreement, the LBA has kept 
the FAA informed of the situation described above. The FAA has examined 
the findings of the LBA, reviewed all available information, and 
determined that AD action is necessary for products of this type design 
that are certificated for operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other Eurocopter Model MBB-BK 117 A-1, A-3, A-4, B-
1, B-2, and C-1 helicopters of the same type design registered in the 
United States, the proposed AD would establish a new retirement life 
for the clutch of 3,600 hours TIS; and would require, within 30 hours 
TIS after the effective date of this AD, an entry into the ARR 
indicating the new life limit.
    The FAA estimates that 130 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 12 work 
hours per helicopter to accomplish the clutch replacement, if 
necessary, and to annotate the ARR; and that the average labor rate is 
$60 per work hour. Required parts would cost approximately $6,000. 
Based on these figures, the total cost impact of the proposed AD on 
U.S. operators if clutches are replaced in the entire fleet, is 
estimated to be $873,600.
    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
to read as follows:

Eurocopter Deutschland GmbH: Docket No. 96-SW-23-AD.

    Applicability: Model MBB-BK 117 A-1, A-3, A-4, B-1, and B-2 
helicopters, serial numbers (S/N) 7001 through 7250, and Model MBB-
BK 117 C-1, S/N 7500 through 7520 helicopters, with clutch, part 
number (P/N) 4639302044 or P/N CL42067-1, installed, certificated in 
any category.

    Note 1. This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For helicopters that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (d) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition, or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any helicopter from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the clutch, loss of power to the main 
rotor and a subsequent forced landing of the helicopter:
    (a) Within 30 hours time-in-service (TIS) after the effective 
date of this AD, make an entry into the Accessory Replacement Record 
to reflect a new life limit of 3,600 hours TIS for the clutch, P/N 
4639302044 or P/N CL42067-1.
    (b) Remove the clutch, P/N 463902044 or P/N CL42067-1, from 
service on or before reaching 3,600 hours TIS. This AD revises the 
Airworthiness Limitations section of the maintenance manual by 
establishing a new retirement life for the clutch, P/N 463902044 or 
P/N CL42067-1, 3,600 hours TIS.
    (c) Replacement of the clutch with a clutch, P/N 4639202011, 
constitutes a terminating action for the requirements of this AD.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Rotorcraft Standards Staff, 
Rotorcraft Directorate, FAA. 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 2. Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Rotorcraft Standards Staff.

    (e) Special flight permits may be issued in accordance with 
Secs. 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.

    Issued in Fort Worth, Texas, on January 27, 1997.
Larry M. Kelly,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 97-2720 Filed 2-3-97; 8:45 am]
BILLING CODE 4910-13-M