[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Proposed Rules]
[Pages 20321-20324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8064]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0356; Directorate Identifier 2011-SW-067-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We are proposing a new airworthiness directive (AD) for all 
Eurocopter Deutschland GmbH (ECD) MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-
BK B-1, MBB-BK 117 B-2, and MBB-BK C-1 helicopters equipped with a 
certain external-hoist system (hoist system) by requiring either 
deactivating the entire hoist system or deactivating the hoist system 
cable cutter function on the hoist system operator control handle 
(operator handle). This AD was prompted by an uncommanded activation of 
the hoist cable cutter function on an MBB-BK117 C-1 helicopter. This AD 
is intended to prevent uncommanded cutting of the hoist cable and 
subsequent injury to persons being lifted by the hoist.

DATES: We must receive comments on this proposed AD by May 4, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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

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between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, 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.
    For service information identified in this proposed AD, contact 
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX 
75052, telephone (972) 641-0000 or (800) 232-0323, fax (972) 641-3775, 
or at http://www.eurocopter.com/techpub.
    You may review copies of the referenced service information at the 
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth Texas 76137.

FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 
Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-5110; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, reports that during 
a recent incident involving an MBB-BK 117 C-1 helicopter, the cable 
cut-off function of the rescue hoist system was triggered uncommanded, 
and the hoist cable was cut. The subsequent investigation revealed that 
this was caused by a malfunction within the rescue hoist system's 
remote control handle assembly while extending the hoist boom. EASA 
advises that this condition, if not corrected, ``will lead to 
detachment of an external load or person from the helicopter hoist, 
possibly resulting in personal injury, or injury to persons on the 
ground.''
    As a result, EASA issued EASA AD No.: 2011-0126, dated July 1, 2011 
(EASA AD 2011-0126), to correct this unsafe condition in the ECD Model 
MBB-BK117 A-1, MBB-BK117 A-3, MBB-BK117 B-1, MBB-BK117 B-2, and MBB-
BK117 C-1 helicopters equipped with a hoist system, Part Number (P/N) 
117-80403 or 117-804061. EASA AD 2011-0126 requires deactivation of the 
affected external hoist system by pulling and securing the related 
circuit breakers, or by removing the hoist boom.
    After EASA AD 2011-0126 was issued, it was discovered that pulling 
the circuit breaker WARN ANN II degraded the annunciator system's 
redundant power supply, so that pilots could not be warned of a second 
helicopter system failure. Prompted by these findings, EASA issued 
superseding EASA AD No.: 2011-0131, dated July 8, 2011 (EASA AD 2011-
0131), to require pulling only three circuit breakers, (CABLE CUTTER, 
WINCH CONT, and WINCH BOOM,) while circuit breaker WARN ANN II remains 
inserted.
    EASA advises that since EASA AD 2011-0131 was issued ``a corrective 
action has been developed to establish an adequate safety level, while 
a terminating action is under investigation but currently not 
available.'' EASA subsequently issued the current EASA AD No.: 2011-
0148, dated August 5, 2011 (EASA AD 2011-0148), which retains the 
requirements of EASA AD 2011-0131 and requires modification of the 
helicopter wiring and operator handle P/N 76803, a revision to the 
Rotorcraft Flight Manual and Supplement, and repetitive inspections of 
the operator handle. EASA AD 2011-0148 also requires implementing a 10-
year time frame for overhaul of the operator handle.

FAA's Determination

    We are proposing this AD because we evaluated all known relevant 
information and determined that an unsafe condition exists and is 
likely to exist or develop on other products of these same type 
designs. The hoist cable that extends from an MBB-BK 117 C-1 
helicopter, used typically to pick up people or goods, often during 
emergencies, was cut with no command or push of the button from anyone 
aboard the aircraft. The cause was a malfunction in the cable hoist 
system. This situation could harm anyone being lifted in the rescue 
hoist.

Related Service Information

    ECD has issued Emergency Alert Service Bulletin MBB-BK117-80-166, 
Revision 1, dated August 4, 2011 (ASB). The ASB specifies the 
deactivation of the cable cutter function on the operator handle. After 
the cable cutter function on the operator handle has been deactivated, 
the rescue winch may be used.

Proposed AD Requirements

    This proposed AD would require either deactivation of the entire 
hoist system or deactivation of the hoist system cable cutter function 
on the operator handle within 30 days or before the system is used 
again, whichever comes first. Deactivating the entire hoist system 
would be accomplished by either pulling and securing three circuit 
breakers or by removing the hoist boom from the helicopter. 
Deactivating the external hoist system cable cutter function on the 
operator handle would be accomplished by modifying the helicopter 
wiring and the operator handle P/N 76803, repetitively inspecting the 
operator handle, and replacing the operator handle if damaged. This AD 
also would prohibit installation of the affected hoist systems on any 
helicopter, unless the installation complies with this AD's 
requirements, and would prohibit installation of the operator handle on 
any helicopter unless it has been modified in accordance with this AD.

Differences Between This Proposed AD and the EASA AD

    This AD would also apply to the Eurocopter Deutschland GmbH (ECD) 
Model MBB-BK 117 A-4 model. The EASA AD makes no mention of this model. 
The EASA AD also applies to the MBB-BK 117 A-1 model. Eurocopter 
informs us that the MBB-BK 117 A-1 model no longer exists, so we did 
not include it in our proposed AD. The EASA AD requires temporary 
revisions to the Rotorcraft Flight Manual and its supplements; this 
proposed AD does not. The EASA AD requires overhaul of

[[Page 20323]]

the operator handle every ten years; this proposed AD does not.

Interim Action

    We consider this proposed AD to be an interim action. The design 
approval holder is currently developing a terminating action to address 
the unsafe condition identified in this AD. Once this terminating 
action is developed, approved, and available, we might consider 
additional rulemaking.

Costs of Compliance

    We estimate that this proposed AD would affect about 12 helicopters 
of U.S. registry.
    We estimate the following costs to comply with this AD:
     Option 1: Pull and secure three circuit breakers. We 
estimate that this task would require about one half-hour to complete. 
At $85 per work-hour, the labor cost would total about $43. No parts 
would be needed, so we estimate the total cost per helicopter to be 
$43, or $516 for the fleet.
     Option 2: Remove the hoist boom from the helicopter. We 
estimate that this task would require 1.5 hours to complete at $85 per 
work-hour for a total labor cost of about $128. No parts would be 
needed, so we estimate the total cost per helicopter to be $128, or 
$1,536 for the fleet.
     Option 3: We estimate that modifying the hoist operator 
handle would require four work-hours at $85 per work-hour for a total 
labor cost of $340 per helicopter. Parts would cost about $92. 
Inspecting the hoist-operator handle for damage would take about one 
half-hour for a labor cost of about $43. For 12 monthly inspections per 
year, the annual cost would total $516. We estimate that replacing the 
operator handle with a new operator handle would require 0.25 work hour 
at $85 an hour for a labor cost of about $21 per helicopter. Parts 
would cost about $18,500 for a total cost of $18,521 per helicopter. 
Total costs per helicopter would vary, depending on whether repairs are 
needed.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed, I certify 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);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Eurocopter Deutschland GmbH helicopters: Docket No. FAA-2012-0356; 
Directorate Identifier 2011-SW-67-AD.

(a) Applicability

    This AD applies to Model MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 
B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1 helicopters with an external 
hoist system (hoist system) Part Number (P/N) 117-80403 or P/N 117-
804061 installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as an uncommanded cutting 
of the hoist cable. This condition could result in loss of the 
helicopter hoist and load and subsequent injury to persons being 
lifted by the hoist.

(c) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(d) Required Actions

    (1) Before the next hoist operation or within 30 days, whichever 
comes first, comply with either paragraph (1)(i), (1)(ii), or 
(1)(iii):
    (i) Deactivate the hoist system by pulling the CABLE CUTTER, 
WINCH CONT, and WINCH BOOM circuit breakers and securing each 
circuit breaker with a cable tie; or
    (ii) Deactivate the hoist system by removing the hoist boom from 
the helicopter; or
    (iii) Deactivate the external hoist operator handle cable-cutter 
function by accomplishing the following:
    (A) Modify the helicopter wiring and the operator handle, P/N 
76803, in accordance with the Accomplishment Instructions, Paragraph 
3.B.1 (b), of Eurocopter Emergency Alert Service Bulletin MBB-BK117-
80-166, Revision 1, dated August 4, 2011 (ASB).
    (B) Inspect the operator handle P/N 76803 and the coiled cable 
of the operator handle for damage in accordance with Paragraph 
3.B.1.(a)(2) of the ASB. Damage is also defined as any condition 
that could prevent the part's ability to perform its intended 
function.
    (1) If the operator handle or the coiled cable of the operator 
handle has damage, replace the operator handle with an airworthy 
operator handle P/N 76803, before the next hoist operation.
    (2) At intervals not to exceed 30 days, repeat the inspection in 
Paragraph (1)(iii)(B) of the Required Actions section of this AD.
    (2) Before installing an affected hoist system on any 
helicopter, comply with Paragraph (1) of the Required Actions 
section of this AD.
    (3) Before installing an operator handle P/N 76803 on any 
helicopter, comply with Paragraph (1)(iii)(A) of the Required 
Actions section of this AD.

(e) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: George Schwab, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 
Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-5110; email 
[email protected].

[[Page 20324]]

    (2) For operations conducted under a Part 119 operating 
certificate or under Part 91, Subpart K, we suggest that you notify 
your principal inspector, or lacking a principal inspector, the 
manager of the local flight standards district office or certificate 
holding district office before operating any aircraft complying with 
this AD through an AMOC.

(f) Subject

    Joint Aircraft Service Component (JASC) Code: 2597, Equipment/
furnishing system wiring.

    Issued in Fort Worth, Texas, on March 26, 2012.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-8064 Filed 4-3-12; 8:45 am]
BILLING CODE 4910-13-P