[Federal Register Volume 69, Number 4 (Wednesday, January 7, 2004)]
[Rules and Regulations]
[Pages 871-873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-267]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-21-AD; Amendment 39-13424; AD 2004-01-10]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Deutschland 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; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
Eurocopter Deutschland (Eurocopter) Model MBB-BK-117 A-1, A-3, A-4, B-
1, B-2, and C-1 helicopters with a certain tail rotor (TR) transmission 
or intermediate (INT) gearbox installed. This action requires 
inspecting the magnetic plug of the TR transmission and INT gearbox for 
metal particles before the first flight of each day. Replacing an 
unairworthy TR transmission, INT gearbox, or bearings with airworthy 
parts is also required within 30 days after the effective date of this 
AD. This amendment is prompted by a report of production-related cracks 
on the cage of bearings installed in certain TR transmissions and INT 
gearboxes. This condition, if not corrected, could result in cracking 
and separation of the bearing cage, failure of a bearing, failure of 
the TR transmission or INT gearbox, and subsequent loss of control of 
the helicopter.

DATES: Effective January 22, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before March 8, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-21-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].

FOR FURTHER INFORMATION CONTACT: Uday Garadi, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 
76193-0110, telephone (817) 222-5123, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: Luftfahrt-Bundesamt (LBA), the airworthiness 
authority for the Federal Republic of Germany, 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 Eurocopter has 
been informed by the manufacturer of the TR transmission and INT 
gearbox that production-related cracks were found on the bearing cage, 
which could lead to parts of the cage separating and entering the TR 
transmission or INT gearbox.
    Eurocopter has issued Alert Service Bulletin No. ASB-MBB-BK117-30-
108, Revision 1, dated July 4, 2003, which specifies replacing the TR 
transmission and INT gearbox or replacing the bearings in the TR 
transmission and INT gearbox by September 30, 2003. The alert service 
bulletin also specifies inspecting the magnetic plug before the first 
flight each day until the subject bearings are replaced. The LBA 
classified this alert service bulletin as mandatory and issued AD 2003-
161, dated April 29, 2003, to ensure the continued airworthiness of 
these helicopters in the Federal Republic of Germany.
    These helicopter models are manufactured in the Federal Republic of 
Germany, and are type certificated for operation in the United States 
under the provisions of 14 CFR 21.29 and the applicable bilateral 
agreement. Pursuant to the applicable bilateral agreement, the Federal 
Republic of Germany has kept the FAA informed of the situation 
described above. The FAA has examined the findings of the Federal 
Republic of Germany, reviewed all available information, and determined 
that AD action is necessary for products of these type designs that are 
certificated for operation in the United States.
    The previously described unsafe condition is likely to exist or 
develop on other helicopters of these same type designs registered in 
the United States. Therefore, this AD is being issued to prevent 
cracking and separation of the bearing cage, failure of a bearing, 
failure of the TR transmission or INT gearbox, and subsequent loss of 
control of the helicopter. This AD requires inspecting the magnetic 
plugs of the TR gearbox and INT gearbox for metal particle deposits 
before the first flight of each day. If a small amount of fuzz is found 
on the magnetic plug, the magnetic plug must be cleaned and may be 
reinstalled. If there is an amount of fuzz that exceeds the amount 
depicted in ``Pos. A'' of Figure 1 of this AD, then replacing the INT 
gearbox, TR transmission, or bearing, part number (P/N) 4639310006, 
with serial number (S/N) 3246 through 3598, is required within 30 days 
after the effective date of this AD. The short compliance time involved 
is required because the previously described critical unsafe condition 
can adversely affect the controllability and structural integrity of 
the helicopter. Therefore, the inspections and replacement, if 
necessary, are required before further flight and this AD must be 
issued immediately.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.
    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. The 
regulation now includes material that relates to altered products, 
special flight permits, and alternative methods of compliance. Because 
we have now included this material in part 39, we no longer need to 
include it in each individual AD.
    The FAA estimates that this AD will affect 127 helicopters of U.S. 
registry. It will take approximately 0.5 work hours to inspect both 
magnetic plugs, and removing and replacing the affected bearings will 
take approximately 6 work hours to accomplish at an average labor rate 
of $65 per work hour. Assuming 30 days of inspections, the total cost 
of inspections will be $123,825. Required parts (3 bearings for each 
helicopter) will cost approximately $1,147 per helicopter. Based on 
these assumptions, we estimate the total cost of this AD on U.S. 
operators to be $319,023. The manufacturer has stated in its alert 
service bulletin that bearings will be replaced at no cost. Including 
the warranty coverage, the estimated total cost impact on U.S. 
operators will be $173,354.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire.

[[Page 872]]

Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available in the Rules Docket for examination by interested persons. A 
report that summarizes each FAA-public contact concerned with the 
substance of this AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their mailed 
comments submitted in response to this rule must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2003-SW-21-AD.'' The postcard will be date 
stamped and returned to the commenter.
    The regulations adopted herein 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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, Safety.

Adoption of the Amendment

0
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

0
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]

0
2. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2004-01-10 Eurocopter Deutschland: Amendment 39-13424. Docket No. 
2003-SW-21-AD.

    Applicability: Model MBB-BK-117 A-1, A-3, A-4, B-1, B-2, and C-1 
helicopters with either:
    (a) Tail rotor (TR) transmission, part number (P/N) 4639003001 
or 4639003007, with serial number (S/N) 900 through 932 plus all S/
Ns overhauled or repaired after July 15, 2001, and bearing, P/N 
4639310006, S/N 3246 through 3598; or
    (b) Intermediate (INT) gearbox, P/N 4639002001 or 4639002005, 
with S/N 902 through 928 plus all S/Ns overhauled or repaired after 
July 15, 2001, and bearing, P/N 4639310006 with S/N 3246 through 
3598.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent cracking, separation of the bearing cage, failure of 
a bearing, failure of the TR transmission or INT gearbox, and 
subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Until you do paragraph (b) of this AD, before the first 
flight of each day, inspect the magnetic plugs of the TR 
transmission and INT gearbox for metal particles deposits by 
reference to Figure 1 of this AD.

[[Page 873]]

[GRAPHIC] [TIFF OMITTED] TR07JA04.004

    (1) If you find a small amount of fine fuzz as shown in ``Pos. 
A'' of Figure 1 of this AD, clean the magnetic plug and reinstall it 
after ensuring that the O-ring is correctly positioned and there is 
no other damage.
    (2) If you find an amount of fuzz as depicted in ``Pos. B'' or 
``Pos. C'' or metal chip(s) as depicted in ``Pos. D'' through ``Pos. 
G'' or a combination of both fuzz and chips, do paragraph (b) of 
this AD.
    (b) No later than February 23, 2004, replace bearing, P/N 
4639310006 with S/N 3246 through 3598, with an airworthy bearing or 
replace the affected TR transmission or INT gearbox with an 
airworthy TR transmission and INT gearbox that does not contain the 
affected bearing.
    (c) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Safety Management Group, Rotorcraft Directorate, FAA, 
for information about previously approved alternative methods of 
compliance.
    (d) This amendment becomes effective on January 22, 2004.

    Note: The subject of this AD is addressed in Luftfahrt-Bundesamt 
(Federal Republic of Germany) AD 2003-161, dated April 29, 2003.


    Issued in Fort Worth, Texas, on December 31, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 04-267 Filed 1-6-04; 8:45 am]
BILLING CODE 4910-13-P