[Federal Register Volume 65, Number 183 (Wednesday, September 20, 2000)]
[Proposed Rules]
[Pages 56817-56819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24115]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-65-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Deutschland GMBH Model BO-
105CB-5 and BO-105CBS-5 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD) for Eurocopter Deutschland GMBH (ECD) Model BO-105CB-5 
and BO-105CBS-5 helicopters that would have superseded an existing AD. 
The existing AD requires, before further flight, creating a component 
log card or equivalent record and determining the calendar age and 
number of flights on each tension-torsion (TT) strap. The proposed AD 
would have required establishing a life limit for certain main rotor TT 
straps. That proposal was prompted by a need to establish a life limit 
for certain TT straps because of an accident in which a main rotor 
blade (blade) separated from an ECD Model MBB-BK 117 helicopter due to 
fatigue failure of a TT strap. The same part-numbered TT strap is used 
on the ECD Model BO-105 helicopters. This new action revises the 
proposed rule by requiring that you establish a life limit for certain 
main rotor TT straps before further flight instead of by January 1, 
2001, as indicated in the previous proposal. This new action also 
removes some of the requirements that were previously proposed. The 
actions specified by this new proposed AD are intended to prevent 
fatigue failure of a TT strap, loss of a blade, and subsequent loss of 
control of the helicopter.

DATES: Comments must be received on or before November 20, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-65-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137. You may also send comments electronically to 
the Rules Docket at the following address: [email protected]. 
Comments may be inspected at the Office of the Regional Counsel between 
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Charles Harrison, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5128, 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

[[Page 56818]]

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 mailed 
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. 99-SW-65-AD.'' The postcard will be date 
stamped and returned to the commenter.

Availability of SNPRMs

    Any person may obtain a copy of this Supplemental Notice of 
Proposed Rulemaking (SNPRM) by submitting a request to the FAA, Office 
of the Regional Counsel, Southwest Region, Attention: Rules Docket No. 
99-SW-65-AD, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an AD for ECD Model BO-105CB-5 and BO-105CBS-5 
helicopters was published as an NPRM in the Federal Register on March 
13, 2000 (65 FR 13251). That NPRM proposed to supersede AD 99-24-05, 
Amendment 39-11429 (64 FR 62973, November 18, 1999), which requires, 
before further flight, creating a component log card and determining 
the calendar age and number of flights on each TT strap and inspecting 
and removing, as necessary, certain unairworthy TT straps. The NPRM, in 
addition to retaining the requirements of AD 99-24-05, would have 
required establishing a life limit, effective January 1, 2001, for the 
TT straps of 120 months or 25,000 flights, whichever occurs first.
    Since the issuance of that NPRM, the FAA has reevaluated the 
proposed requirement and determined that establishing a life limit on 
the TT straps should be accomplished before January 1, 2001, as earlier 
indicated. The FAA has also determined that the graduated inspection 
criteria and the accompanying TT strap life limits specified in the 
current AD are no longer necessary after the currently specified life 
limit is established.
    Since this change expands the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.
    The FAA estimates that 200 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 16 work 
hours per helicopter to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts would cost 
approximately $10,400 per helicopter. Based on these figures, the total 
cost impact of the proposed AD on U.S. operators is estimated to be 
$2,272,200.
    The regulations proposed herein 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 
responsibilities among the various levels of government. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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 FAA, Office of the Regional Counsel, Southwest Region, 
2601 Meacham Blvd., Room 663, Fort Worth, Texas.

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. 99-SW-65-AD. Supersedes AD 
99-24-05, Amendment 39-11429, Docket No. 99-SW-58-AD.

    Applicability: Model BO-105 CB-5, and BO-105CBS-5 helicopters, 
certificated in any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue failure of a tension-torsion (TT) strap, loss 
of a main rotor blade (blade), and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Before further flight:
    (1) Remove TT straps, part number (P/N) 2604067 (Bendix) or 
J17322-1 (Lord), from service or re-identify them as P/N 117-14110 
or 117-14111, respectively, in accordance with the Accomplishment 
Instructions, paragraph 2.B.1.2., Eurocopter Deutschland GMBH Alert 
Service Bulletin BO 105 No. ASB-BO 105-10-113, Revision 2, dated 
November 16, 1999 (ASB). TT straps, P/N 2604067 (Bendix) or J17322-1 
(Lord), are no longer eligible for installation.
    (2) Create a component log card or equivalent record for each TT 
strap.
    (3) Review the history of the helicopter and each TT strap. 
Determine the age since initial installation on any helicopter (age) 
and the number of flights on each TT strap. Enter both the age and 
the number of flights for each TT strap on the component log card or 
equivalent record. When the number of flights is unknown, multiply 
the number of hours time-in-service (TIS) by 5 to determine the 
number of flights.
    (4) Remove any TT strap from service if the total hours TIS or 
number of flights and age cannot be determined.
    (b) Before further flight, remove any TT strap, P/N 117-14110 or 
117-14111, that has been in service 120 months since initial 
installation on any helicopter or accumulated 25,000 flights (a 
flight is a takeoff and a landing). Replace the TT strap with an 
airworthy TT strap.

[[Page 56819]]

    (c) This AD revises the Airworthiness Limitations Section of the 
maintenance manual by establishing a life limit for the TT strap, P/
N 117-14110 and 117-14111, of 120 months or 25,000 flights, 
whichever occurs first.
    (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, Regulations Group, 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, Regulations Group.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

    (e) 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.

    Note 3: The subject of this AD is addressed in the Luftfahrt 
Bundesamt (Federal Republic of Germany) AD 1999-289/2, dated 
September 1, 1999.


    Issued in Fort Worth, Texas, on September 13, 2000.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 00-24115 Filed 9-19-00; 8:45 am]
BILLING CODE 4910-13-U