[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Proposed Rules]
[Pages 6214-6216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2783]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-38-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes adopting a new airworthiness directive 
(AD) for the specified Eurocopter Deutschland (ECD) model helicopters. 
This proposal would require inspecting the vertical fin skin paneling 
to determine if it was manufactured with the correct wall thickness. 
This proposal is prompted by a report from the manufacturer that some 
vertical fins may have been produced with the wrong vertical fin skin 
thickness. The actions specified by this proposed AD are intended to 
prevent failure of the vertical fin and subsequent loss of control of 
the helicopter.

DATES: Comments must be received on or before April 12, 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-38-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: Richard Monschke, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5116, 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 will 
be considered before taking action on the proposed rule. The proposals 
contained in this document 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 proposal must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2003-SW-38-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    The Luftfahrt-Bundesamt (LBA), the airworthiness authority for the 
Federal Republic of Germany, notified the FAA that an unsafe condition 
may exist on ECD Model MBB-BK117 helicopters, Model A-1 up to B-2, 
serial number (S/N) all, and Model C-1, S/N 7500 up to 7545. The LBA 
advises that during tail boom production, metal sheeting of 0.6-
millimeter (mm) thickness was found instead of the specified 0.8-mm 
thickness for the skin paneling of several tail booms.
    ECD has issued Alert Service Bulletin No. ASB-MBB-BK117-30-109, 
Revision 1, dated July 3, 2003, which specifies measuring the wall 
thickness of the skin paneling of the vertical fin to determine the 
thickness. The LBA classified this service bulletin as mandatory and 
issued AD No. 2003-219, dated August 21, 2003, to ensure 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 14 CFR 21.29 and the applicable bilateral 
agreement. Pursuant to the applicable bilateral 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.
    This previously described unsafe condition is likely to exist or 
develop on other helicopters of the same type design registered in the 
United States. Therefore, the proposed AD would require, within 100 
hours time-in-service, using external calipers, measuring the wall 
thickness, including primer coating, of the skin paneling of the 
vertical fin. If the wall thickness, including the primer coating, of 
the paneling is less than 0.778 millimeter (0.03063 inch) at any of the 
measured locations, this proposed AD would also require replacing the 
vertical fin with an airworthy part before further flight.
    The FAA estimates that this proposed AD would affect 132 
helicopters of U.S. registry and the proposed actions would take 
approximately 1 hour per helicopter to accomplish at an average labor 
rate of $65 per work hour. Based on these figures, we estimate the 
total cost impact of the proposed AD on U.S. operators to be $8580 
assuming no vertical fins will need to be replaced.
    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

[[Page 6215]]

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 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: Docket No. 2003-SW-38-AD.

    Applicability: Model MBB-BK 117 A-1, A-3, A-4, B-1, and B-2, all 
serial numbers (S/N), and Model C-1, S/N 7500 through 7545, 
certificated in any category.
    Compliance: Required within 100 hours time in service, unless 
accomplished previously.
    To prevent failure of the vertical fin and subsequent loss of 
control of the helicopter, do the following:
    (a) Using external calipers, measure the wall thickness, 
including primer coating, of the skin paneling of the vertical fin 
at the locations shown in Figure 1 of this AD.

    Note 1: Eurocopter Deutschland (ECD) Alert Service Bulletin No. 
ASB-MBB-BK117-30-109, Revision 1, dated July 3, 2003, pertains to 
the subject of this AD.

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[[Page 6216]]

[GRAPHIC] [TIFF OMITTED] TP10FE04.024

    (b) If the wall thickness, including the primer coating, of the 
paneling is less than 0.778 millimeter (0.03063 inch) at any of the 
measured locations, replace the vertical fin with an airworthy part 
before further flight.
    (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.

    Note 2: The subject of this AD is addressed in Luftfahrt-
Bundesamt (Federal Republic of Germany) AD 2003-219, dated August 
21, 2003.

    Issued in Fort Worth, Texas, on January 30, 2004.

David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 04-2783 Filed 2-9-04; 8:45 am]
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