[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Rules and Regulations]
[Pages 44137-44139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17265]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0042; Directorate Identifier 2007-SW-26-AD; 
Amendment 39-15614; AD 2008-15-02]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Deutschland GMBH Model MBB-
BK 117C-2 Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for 
Eurocopter Deutschland GMBH (Eurocopter) Model MBB-BK 117C-2 
helicopters. This AD results from mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The European Aviation Safety Agency for the Republic of 
Germany, with which we have a bilateral agreement, states in the MCAI:

    During inadvertent operation of the fire extinguishing system, 
in one case it occurred that one of the two injection tubes became 
disconnected. This condition, if not corrected, could affect the 
ability of the fire extinguishing system to perform its intended 
function in the case of activation.

The inability of the fire extinguishing system to suppress an engine 
fire creates an unsafe condition. We are issuing this AD to correct the 
unsafe condition by further securing the injection tubes with improved 
clamps, allowing suppression of a contained engine fire, and subsequent 
loss of the helicopter.

DATES: This AD becomes effective on September 3, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 3, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in Room W12-140 on the ground floor of the West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590.
    You can get the service information identified in this AD from 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 
75053-4005, telephone (972) 641-3460, fax (972) 641-3527.

FOR FURTHER INFORMATION CONTACT: John Strasburger, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, 
Fort Worth, Texas 76193-0111, telephone (817) 222-5167, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on January 23, 2008 (73 
FR 3885). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During inadvertent operation of the fire extinguishing system, 
in one case it occurred that one of the two injection tubes became 
disconnected. This condition, if not corrected, could affect the 
ability of the fire extinguishing system to perform its intended 
function in the case of activation.

The inability of the fire extinguishing system to suppress an engine 
fire creates an unsafe condition. The proposed actions are intended to 
address this unsafe condition by further securing the injection tubes 
with improved clamps, allowing suppression of a contained engine fire, 
and preventing an uncontained engine fire and subsequent loss of the 
helicopter.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in

[[Page 44138]]

general, agree with their substance. However, we did change ``flight 
hours'' referred to in the MCAI to ``hours time-in-service'' in our AD. 
In making this change, we do not intend to differ substantively from 
the information provided in the MCAI. This difference is highlighted in 
the ``Differences Between the FAA AD and the MCAI'' section in this AD.

Costs of Compliance

    We estimate that this AD will affect 26 helicopters of U.S. 
registry. We also estimate that it will take about 3.5 work-hours per 
helicopter to replace the clamps on the injection tubes. The average 
labor rate is $80 per work-hour. Required parts will cost about $20 per 
helicopter. Based on these figures, we estimate the cost of this AD to 
U.S. operators to be $7,800 or $300 per helicopter.

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 products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify this AD:
    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. 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 AD and placed it in the AD docket.

Examining the AD 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 the NPRM, the economic evaluation, any 
comments received, and other information. The street address for the 
Docket Operations office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2008-15-02 Eurocopter Deutschland: Amendment 39-15614. Docket No. 
FAA-2008-0042; Directorate Identifier 2007-SW-26-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on 
September 3, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model MBB-BK 117C-2 helicopters, Serial 
Number (S/N) 9004 through S/N 9104, and S/N 9106, 9107, and 9111, 
with a fire extinguishing system B26K1002-801, B262K1003-801, or 
B262K1004-801, installed, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states:

    During inadvertent operation of the fire extinguishing system, 
in one case it occurred that one of the two injection tubes became 
disconnected. This condition, if not corrected, could affect the 
ability of the fire extinguishing system to perform its intended 
function in the case of activation.

The inability of the fire extinguishing system to suppress an engine 
fire creates an unsafe condition. The proposed actions are intended 
to address this unsafe condition by further securing the injection 
tubes with improved clamps, allowing suppression of a contained 
engine fire, and preventing an uncontained engine fire and 
subsequent loss of the helicopter.

Actions and Compliance

    (e) At the next 100 hours time-in-service inspection, unless 
already done, replace the current injection tube clamps by 
installing GBS clamps, part number GBSM24/18W4SK, by following the 
Accomplishment Instructions, paragraph A., and Figure 1 of 
Eurocopter Alert Service Bulletin MBB BK117 C-2-26A-001, dated 
January 22, 2007.

Differences Between the FAA AD and the MCAI

    (f) The FAA refers to the compliance time by hours time-in-
service rather than flight hours as referred to in the MCAI.

Subject

    (g) Air Transport Association of America (ATA) Code JASC 262 
Extinguishing System.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, Rotorcraft Directorate, FAA, has the 
authority to approve AMOCs for this AD, if requested, using the 
procedures found in 14 CFR 39.19. Send information to ATTN: John 
Strasburger, Aviation Safety Engineer, Fort Worth, Texas 76193-0111, 
telephone (817) 222-5167, fax (817) 222-5961.
    (2) Airworthy Product: Use only FAA-approved corrective actions. 
Corrective actions are considered FAA-approved if they are approved 
by the State of Design Authority (or their delegated agent) if the 
State of Design has an appropriate bilateral agreement with the 
United States. You are required to assure the product is airworthy 
before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (i) MCAI Airworthiness Directive No. 2007-0121, dated May 3, 
2007, contains related information.

Material Incorporated by Reference

    (j) The Director of the Federal Register approved the 
incorporation by reference of Eurocopter Alert Service Bulletin MBB 
BK117 C-2-26A-001, dated January 22, 2007 under 5 U.S.C. 552(a) and 
1 CFR part 51.
    (k) For the service information identified in this AD, contact 
American Eurocopter Corporation, 2701 Forum Drive, Grand

[[Page 44139]]

Prairie, Texas 75053-4005, telephone (972) 641-3460, fax (972) 641-
3527.
    (l) You may review copies of the service information at the FAA, 
Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth, Texas, or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on May 5, 2008.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-17265 Filed 7-29-08; 8:45 am]
BILLING CODE 4910-13-P