[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Rules and Regulations]
[Pages 25402-25404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12320]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0453; Directorate Identifier 2008-SW-63-AD; 
Amendment 39-15911; AD 2009-11-01]
RIN 2120-AA64


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

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

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the specified ECD model helicopters that currently requires initial 
and repetitive inspections of the main rotor blade (blade) upper and 
lower surfaces for bulging. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the European Aviation Safety 
Agency (EASA), which is the Technical Agent for the Member States of 
the European Community, based on reported incidents in which a balance 
weight migrated toward the tip of the blade. The MCAI states that new 
blades have become available that are not fitted with lead balance 
weights. The MCAI states that only blades equipped with a lead balance 
weight may result in the unsafe condition. This AD retains the 
requirements of the current AD but limits the applicability to those 
part-numbered blades that are fitted with lead balance weights. The 
actions are intended to limit the applicability to those blades fitted 
with lead balance weights that could detach, migrate, and cause severe 
vibrations leading to blade failure and subsequent loss of control of 
the helicopter.

DATES: This AD becomes effective on June 12, 2009.
    We must receive comments on this AD by July 27, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting your 
comments electronically.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX 
75053-4005, telephone (972) 641-3460, fax (972) 641-3527, or at http://www.eurocopter.com.
    Examining the 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 this AD, the economic evaluation, any 
comments received, and other information. The street address for the 
Docket Operations office (telephone (800) 647-5527) is stated in the 
ADDRESSES section of this AD. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, 
Fort Worth, Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION: 

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Community, has issued EASA AD 2008-0156, dated August 19, 
2008, to supersede Luftfahrt-Bundesamt (LBA) Germany AD D-1994-280R3 
(EASA approval 2005-6229) issued on September 19, 2005. Since the LBA 
AD was issued, new blades have become available that do not have lead 
balance weights. The LBA AD was issued following reports of two flight 
incidents involving balance weights detaching from the blade structure 
and migrating toward the tip of the blade causing severe vibrations. 
The centrifugal force on the blades can bring about creep deformation 
of the lead balance weight resulting in bulging of the blade skin. The 
height of such bulges is the criteria for assessing the extent of 
possible damage to the structure around the lead balance weight and the 
possibility of blade failure. The EASA AD states, ``only MR blades 
equipped with a lead balance weight are affected by this unsafe 
condition.'' The EASA AD also states that current requirements are 
retained but limits the applicability to those part-numbered blades 
that are fitted with lead balance weights. The actions are intended to 
limit the applicability to those blades with lead balance weights that 
could detach, migrate, and cause severe vibrations leading to blade 
failure and subsequent loss of control of the helicopter.
    You may obtain further information by examining the MCAI and any 
related service information in the AD docket.

Related Service Information

    ECD has issued Alert Service Bulletin MBB-BK117-10-108, Revision 3, 
dated August 7, 2008 (ASB). This ASB limits the applicability to 
certain part-numbered blades with a lead balance weight. This ASB 
replaces Revision 2. Revision 3 of the ASB states that if one of the 
previous revisions has been done, no further work is required due to 
Revision 3. The ASB notes that ``the inspection interval was 
incorporated in the MBB-BK117 Maintenance Manual (MM) with Revision No. 
24 (for MBB-BK117 A-1 through B-2) and with Revision No. 5 (for MBB-
BK117 C-1).'' The ASB also notes that ``provided that the first 
inspection has been accomplished during 5 flight hours and upon 
availability of these changes in the MM, the ASB-MBB-BK117-10-108 will 
no longer be effective.'' The ASB further states that if one of the 
editions of this ASB before Revision 3 has been done, you should 
inspect the blades for bulging by following the MM and at the

[[Page 25403]]

intervals stated in the MM with the first inspection for bulging to be 
done after 1,800 flight hours time since new. The actions described in 
the MCAI are intended to correct the same unsafe condition as that 
identified in the service information.

FAA's Evaluation and Unsafe Condition Determination

    These ECD model helicopters have been approved by the aviation 
authority of the Federal Republic of Germany and are approved for 
operation in the United States. Pursuant to our bilateral agreement 
with the Federal Republic of Germany, their Technical Agent has 
notified us of the unsafe condition described in the MCAI. We are 
issuing this AD because we evaluated all information provided by EASA 
and determined the unsafe condition exists and is likely to exist or 
develop on other ECD model helicopters of these same type designs.

Differences Between This AD and the MCAI AD

    We refer to flight hours as hours time-in-service. We retained the 
compliance time from the current AD and the Eurocopter ASB, dated 
August 18, 1994, and did not include the option of accumulating 1,800 
flight hours since the first flight as stated in the MCAI. We do not 
incorporate ASB, Revision 3, damage inspection. We do not require that 
you contact ECD for instructions for corrective action. This AD 
requires that you contact the FAA for an Alternate Method of 
Compliance.

Costs of Compliance

    We estimate that this AD will affect about 30 helicopters of U.S. 
registry. We also estimate that it will take about \l/2\ work-hour per 
helicopter to inspect each blade. The average labor rate is $80 per 
work-hour. Required parts will cost about $87,000 per blade. Based on 
these figures, we estimate the cost of this AD on U.S. operators will 
be $102,600, assuming 1 initial and 12 recurring inspections of the 
blade during the first year and 1 blade replacement.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. We find that the risk to the flying public justifies waiving 
notice and comment prior to adoption of this rule because the initial 
inspection time is within 5 hours TIS. There is a significant 
unjustified burden on operators who have replaced their blades with 
redesigned part numbered blades because the inspection need not apply 
to those blades. Therefore, we have determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. However, we invite you to send us any written data, views, or 
arguments concerning this AD. Send your comments to an address listed 
under the ADDRESSES section of this AD. Include ``Docket No. FAA-2009-
0453; Directorate Identifier 2008-SW-63-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 product(s) 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.
    Therefore, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 removing Amendment 39-9399 (60 FR 
53507, October 16, 1995) and by adding the following new AD:

2009-11-01 Eurocopter Deutschland GmbH: Amendment 39-15911. Docket 
No. FAA-2009-0453; Directorate Identifier 2008-SW-63-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on June 
12, 2009

Other Affected ADs

    (b) Supersedes AD 95-21-12, Amendment No. 39-9399, Docket Number 
94-SW-19-AD (60 FR 53507, October 16, 1995).

Applicability

    (c) This AD applies to Model MBB-BK 117 A-1, A-3, A-4, B-1, B-2, 
and C-1 helicopters, certificated in any category, with the 
following main rotor blade (blade) installed:

                         Blade Part Number (P/N)
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117-15001
117-150021
117-150061
117-151321
117-151341, 117-151341V001
117-151351, 117-151351V001
117-151361, 117-151361V001
117-151421V001
117-151441, 117-151441V001

[[Page 25404]]

 
117-151441V002, 117-151441V003
117-151451, 117-151451V001
117-151451V002, 117-151451V003
117-151461, 117-151461V001
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Reason

    (d) Redesigned blades have become available that are not fitted 
with lead balance weights. Only a blade equipped with a lead balance 
weight may contain the unsafe condition. This AD retains the 
requirements of the current AD but limits the applicability to those 
part-numbered blades that are fitted with lead balance weights. The 
actions are intended to detect the blades fitted with lead balance 
weights that could move and cause severe vibrations leading to blade 
failure and subsequent loss of control of the helicopter.

Actions and Compliance

    (e) Required as indicated:
    (1) Within 5 hours time-in-service (TIS), unless already done, 
and thereafter at intervals not to exceed 50 hours TIS, visually 
inspect the upper and lower surfaces of each affected main rotor 
blade (blade) in the area of the outboard lead balance weight in the 
marked inspection area for bulging.
    (i) If a marked inspection area is not visible, mark the area 
using a water-resistant and indelible marking pencil and then 
inspect the upper and lower surfaces of each blade in the area of 
the outboard lead balance weight for bulging.

    Note: For guidance, the current MBB-BK117 Maintenance Manual at 
Figure 14-5A contains the dimensions and placement of the inspection 
area.

    (ii) If bulging exceeds 1 millimeter (mm) (0.040 inch) in 
height, before further flight, remove the blade and replace it with 
an airworthy blade that is not listed in the applicability of this 
AD.
    (2) Replacing the affected blade with an airworthy blade that is 
not listed in the applicability of this AD is terminating action for 
the requirements of this AD.

Differences Between This AD and the MCAI AD

    (f) We refer to flight hours as hours TIS. We retained the 
compliance time from the current AD and the Eurocopter ASB, dated 
August 18, 1994, and did not include the option of accumulating 
1,800 flight hours since the first flight as stated in the MCAI. We 
do not incorporate ASB, Revision 3, damage inspection. We do not 
require that you contact ECD for instructions for corrective action. 
This AD requires that you contact the FAA for an Alternate Method of 
Compliance.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, FAA, ATTN: Sharon Miles, Aviation Safety 
Engineer, Rotorcraft Directorate, Regulations and Guidance Group, 
Fort Worth, Texas 76193-0111, telephone (817) 222-5122, fax (817) 
222-5961, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19.

Related Information

    (h) European Aviation Safety Agency (EASA) AD No. 2008-0156, 
dated August 19, 2008, and Eurocopter Alert Service Bulletin MBB-
BK117 No. ASB-MBB-BK117-10-108, Revision 3, dated August 7, 2008, 
contains related information.

Air Transport Association of America (ATA) Tracking Code

    (i) ATA Code No. 6210 Main Rotor Blades.

    Issued in Fort Worth, Texas, on May 7, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-12320 Filed 5-27-09; 8:45 am]
BILLING CODE 4910-13-P