[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Rules and Regulations]
[Pages 32884-32887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12672]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0101; Directorate Identifier 2010-SW-042-AD; 
Amendment 39-17046; AD 2012-09-11]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Deutschland GMBH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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[[Page 32885]]

SUMMARY: We are adopting a new airworthiness directive (AD) for 
Eurocopter Deutschland GMBH (ECD) Model MBB-BK 117 C-1 and C-2 
helicopters. This AD requires installing a placard that corresponds to 
the maximum permissible flight altitude, amending the Rotorcraft Flight 
Manual (RFM) to revise the maximum permissible operating altitude, and 
inserting revised performance charts into the RFM. This AD also 
requires a repetitive maintenance ``MAX N1 CHECK'' to determine the 
appropriate maximum altitudes. This AD also requires, if the engine or 
a Fuel Control Unit (FCU) or module 2 or 3 is replaced, repeating the 
maintenance ``MAX N1 CHECK.'' Finally, this AD specifies that modifying 
both engines would provide terminating action for the AD requirements. 
This AD was prompted by the failure of a ``few'' engines to reach the 
specified one-engine-inoperative (OEI) rating at altitudes above 10,000 
feet. The actions of this AD are intended to prevent flights at 
altitudes where the full OEI engine power cannot be reached and 
subsequent loss of control of the helicopter if an OEI operation is 
required.

DATES: This AD is effective July 9, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of July 9, 2012.

ADDRESSES: For the Eurocopter service information identified in this 
AD, contact American Eurocopter Corporation, 2701 Forum Drive, Grand 
Prairie, Texas 75053-4005; telephone (800) 232-0323; fax (972) 641-
3710; or at http://www.eurocopter.com. For the Turbomeca Groupe SAFRAN 
service information contact SAFRAN Turbomeca, 2709 N. Forum Drive, 
Grand Prairie, Texas 75052; telephone (800) 662-6322; or at http://www.turbomeca-usa.com. You may review the referenced service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.
    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 this AD, any 
incorporated-by-reference service information, the economic evaluation, 
any comments received, and other information. The street address for 
the Docket Operations Office (phone: 800-647-5527) is U.S. Department 
of Transportation, Docket Operations Office, M-30, West Building Ground 
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    On February 10, 2012, at 77 FR 7005, the Federal Register published 
our Notice of Proposed Rulemaking (NPRM), which proposed to amend 14 
CFR part 39 to include an AD that would apply to ECD Model MBB-BK 117 
C-1 and C-2 helicopters with a Turbomeca Arriel 1E2 engine installed, 
which has an FCU that has not been modified with Turbomeca Modification 
TU 358. That NPRM proposed to require installing a placard that 
corresponds to the maximum permissible flight altitude, amending the 
RFM to revise the maximum permissible operating altitude for both the 
MBB-BK 117 C-1 and C-2 helicopters, and inserting revised performance 
charts into the RFM for the C-1 model. That NPRM also proposed to 
require maintenance ``MAX N1 CHECKs'' to determine the modified maximum 
operational altitudes. Additionally, that NPRM proposed to require, if 
the engine or an FCU or module 2 or 3 is replaced, repeating the 
maintenance ``MAX N1 CHECK.'' Finally, that NPRM proposal specified 
that modifying both engines with Turbomeca Modification TU 358 would be 
terminating action for the requirements of the NPRM; and after that 
modification of both engines, you would be permitted to remove the 
placards and flight manual revisions required by the NPRM. The proposed 
requirements were intended to prevent flights at altitudes where the 
full OEI engine power cannot be reached and subsequent loss of control 
of the helicopter if an OEI operation is required.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
No. 2008-0061, dated March 27, 2008, to correct an unsafe condition for 
ECD Model MBB-BK 117 C-1 and C-2 helicopters. The EASA states that 
during testing at maximum certification altitude, a few helicopters 
could not reach the specified OEI power threshold. The cause was 
identified as an engine acceleration limitation due to a lower 
delivered fuel flow than the engine fuel flow demand needed to achieve 
the OEI rating at high altitude. They state that this condition could 
occur at altitudes exceeding 10,000 feet depending on the engine and 
FCU characteristics.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we did not receive any comments on the NPRM.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Germany and are approved for operation in the United States. Pursuant 
to our bilateral agreement with Germany, the EASA, its technical 
representative, has notified us of the unsafe condition described in 
the EASA AD. We are issuing this AD because we evaluated all 
information provided by the EASA and determined the unsafe condition 
exists and is likely to exist or develop on other helicopters of these 
same type designs and that air safety and the public interest require 
adopting the AD requirements as proposed except for minor editorial 
changes. These minor editorial changes are consistent with the intent 
of the proposals in the NPRM and will not increase the economic burden 
on any operator nor increase the scope of the AD.

Differences Between This AD and the EASA AD

    We do not reference the effective date stated in the EASA AD 
because it has passed. We have modified the initial placard wording to 
make it clear that before performing the topping check, the ``operating 
altitude'' for takeoff, landing, and hovering is a pressure altitude 
(PA) of 10,000 feet, but flight up to a maximum 13,000 feet is 
permitted as long as the helicopter stays at an airspeed above 
effective translational lift. After the topping check is performed, the 
``operating altitude'' limitation refers to all modes of flight.

Related Service Information

    Eurocopter has issued Alert Service Bulletin (ASB) No. ASB-MBB-
BK117-60-121, Revision 4, (ASB121) for Model MBB-BK 117 C-1 helicopters 
and ASB No. MBB BK117 C-2-71A-003, Revision 3 (ASB003), for Model MBB-
BK 117 C-2 helicopters. Both ASBs are dated December 11, 2007, and 
apply to Turbomeca Arriel 1E2 engines. Both ASBs specify a ``MAX N1 
CHECK'' for helicopters with FCUs that have not been modified by 
Turbomeca modification TU 358, for takeoffs, landings, and hovering in-
ground effect (IGE) or hovering out-of-ground effect

[[Page 32886]]

(OGE) higher than 10,000 feet or flight above 13,000 feet. The ASBs 
specify limiting the maximum permissible flight altitude if the OEI 
rating cannot be achieved. The ASBs also specify the measures are no 
longer necessary when you modify both engines (Modification TU 358). 
The EASA classified these ASBs as mandatory and issued AD No. 2008-
0061, dated March 27, 2008, to ensure the continued airworthiness of 
these helicopters.

Costs of Compliance

    We estimate that this AD will affect 108 helicopters of U.S. 
Registry. We estimate that operators may incur the following costs in 
order to comply with this AD. It will take about 1 work-hour per 
helicopter to affix a placard and insert the RFM pages at an average 
labor rate of $85 per work-hour. We estimate 54 maintenance flight 
checks for higher altitude operators will be required at $1,000 each. 
There are no parts costs. Based on these figures, we estimate the total 
cost impact of this AD on U.S. operators to be $63,180.

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 helicopters identified in this 
rulemaking action.

Regulatory Findings

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 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.

Adoption of the Amendment

    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 airworthiness 
directive (AD):

2012-09-11 EUROCOPTER DEUTSCHLAND GMBH: Amendment 39-17046; Docket 
No. FAA-2012-0101; Directorate Identifier 2010-SW-042-AD.

(a) Applicability

    This AD applies to Eurocopter Deutschland GMBH Model MBB-BK 117 
C-1 and C-2 helicopters with a Turbomeca Arriel 1E2 engine 
installed, which has a Fuel Control Unit (FCU) that has not been 
modified with Turbomeca Modification TU 358, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of engines to 
reach the specified one-engine-inoperative (OEI) rating at altitudes 
above 10,000 feet. This condition could result in high altitude 
operations when full OEI engine power is not available and 
subsequent loss of control of the helicopter if an OEI operation is 
required.

(c) Effective Date

    This AD becomes effective July 9, 2012.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time.

(e) Required Actions

    (1) For Model MBB-BK117 C-1 helicopters:
    (i) Before any flight operation at or above a pressure altitude 
(PA) of 10,000 feet, unless accomplished previously:
    (A) Affix a placard to the instrument panel in plain view of the 
pilot(s), which states: ``Maximum altitude for takeoff, landing, and 
hovering is 10,000 ft PA. Maximum operating altitude above effective 
translational lift is 13,000 ft PA,'' or comply with paragraph 
(e)(1)(iii) of this AD. The term ``hovering'' as used in this 
placard includes both in-ground effect (IGE) and out-of-ground 
effect (OGE) hovering.
    (B) Revise the Altitude Limitations section of the Rotorcraft 
Flight Manual (RFM), in accordance with paragraph 2.9 on pages 9 and 
10; paragraph B.2.1 on page 15; and paragraph C.2.3.2 on page 16 of 
Eurocopter Alert Service Bulletin No. ASB-MBB-BK117-60-121, Revision 
4, dated December 11, 2007 (ASB121).
    (C) Attach each revised page 11-1-7 (ASB121, page 11) through 
11-1-10 (ASB121, page 14) to the unrevised same-numbered page in the 
Performance section of the RFM.
    (ii) Within 50 hours time-in-service (TIS), unless accomplished 
previously:
    (A) Revise the RFM as required by paragraphs (e)(1)(i)(B) and 
(e)(1)(i)(C) of this AD; and
    (B) Affix the placard as required by paragraph (e)(1)(i)(A) of 
this AD or comply with paragraph (e)(1)(iii) of this AD.
    (iii) At intervals not to exceed 600 hours TIS:
    (A) Before operating between a 16,000 ft PA and 18,000 ft PA, 
perform the ``MAX N1 CHECK'' by following the Accomplishment 
Instructions, paragraph 2.B.1.1., of ASB121. If the OEI rating is 
not reached, either affix a placard as required by paragraph 
(e)(1)(i)(A) or comply with paragraph (e)(1)(iii)(B) or 
(e)(1)(iii)(C) of this AD.
    (B) Before operating between 13,000 ft PA and 16,000 ft PA, 
perform the ``MAX N1 CHECK'' by following the Accomplishment 
Instructions, paragraph 2.B.1.4., of ASB121.
    (1) If the OEI rating is reached, affix a placard to the 
instrument panel in plain view of the pilot(s), which states: 
``Maximum operating altitude is 16,000 ft PA.''
    (2) If the OEI rating is not reached, either affix a placard as 
required by paragraph (e)(1)(i)(A) of this AD or comply with 
paragraph (e)(1)(iii)(C) of this AD.
    (C) Before operating between 10,000 ft PA and 13,000 ft PA, 
perform the ``MAX N1 CHECK'' by following the Accomplishment 
Instructions, paragraph 2.B.1.7., of ASB121.
    (1) If the OEI rating is reached, affix a placard to the 
instrument panel in plain view of the pilot(s), which states: 
``Maximum operating altitude is 13,000 ft PA.''
    (2) If the OEI rating is not reached, affix a placard as 
required by paragraph (e)(1)(i)(A) of this AD.
    (2) For Model MBB-BK 117 C-2 helicopters:
    (i) Before any flight operation at or above a PA of 10,000 feet, 
unless accomplished previously:
    (A) Affix a placard to the instrument panel in plain view of the 
pilot(s), which states: ``Maximum altitude for takeoff, landing, and 
hovering is 10,000 ft PA. Maximum operating

[[Page 32887]]

altitude above effective translational lift is 13,000 ft PA,'' or 
comply with paragraph (e)(2)(iii) of this AD. The term ``hovering'' 
as used in this placard includes both IGE and OGE hovering.
    (B) Revise the Altitude Limitations section of the RFM in 
accordance with paragraph A.2.3. on page 10 and paragraph 2.8. on 
page 11 of Eurocopter Alert Service Bulletin No. MBB BK117 C-2-71A-
003, Revision 3, dated December 11, 2007 (ASB003).
    (ii) Within 50 hours TIS, unless accomplished previously:
    (A) Revise the RFM as required by paragraph (e)(2)(i)(B) of this 
AD; and
    (B) Affix a placard as required by paragraph (e)(2)(i)(A) of 
this AD or comply with paragraph (e)(2)(iii) of this AD.
    (iii) At intervals not to exceed 600 hours TIS:
    (A) Before operating between 16,000 ft PA and 18,000 ft PA, 
perform the ``MAX N1 CHECK'' by following the Accomplishment 
Instructions, paragraph 3.A.(1) (on pages 4 and 5), of ASB003. If 
the OEI rating is not reached, either affix a placard as required by 
paragraph (e)(2)(i)(A) or comply with paragraph (e)(2)(iii)(B) or 
(e)(2)(iii)(C) of this AD.
    (B) Before operating between 13,000 ft PA and 16,000 ft PA, 
perform the ``MAX N1 CHECK'' by following the Accomplishment 
Instructions, paragraph 3.A.(1) (on pages 5 and 6) of ASB003.
    (1) If the OEI rating is reached, affix a placard to the 
instrument panel in plain view of the pilot(s), which states: 
``Maximum operating altitude is 16,000 ft PA.''
    (2) If the OEI rating is not reached, either affix a placard as 
required by paragraph (e)(2)(i)(A) or comply with paragraph 
(e)(2)(iii)(C) of this AD.
    (C) Before operating between 10,000 ft PA and 13,000 ft PA, 
perform the ``MAX N1 CHECK'' by following the Accomplishment 
Instructions, paragraph 3.A.(1) (on page 7) of ASB003.
    (1) If the OEI rating is reached, affix a placard to the 
instrument panel in plain view of the pilot(s), which states: 
``Maximum operating altitude is 13,000 ft PA.''
    (2) If the OEI rating is not reached, affix a placard as 
required by paragraph (e)(2)(i)(A) of this AD.
    (3) If an engine, FCU, engine module 2, or engine module 3 is 
replaced, before any flight operation at or above a PA of 10,000 
feet, comply with the requirements of paragraph (e)(1) of this AD 
for the Model MBB-BK 117 C-1 helicopter or paragraph (e)(2) of this 
AD for the Model MBB-BK 117 C-2 helicopter.
    (4) Modifying both engines with Turbomeca Modification TU 358 in 
accordance with Turbomeca Groupe SAFRAN (Turbomeca) Service Bulletin 
No. 292 73 0358, dated October 2, 2007, is optional terminating 
action for the requirements of this AD. This AD does not require 
returning any parts to Turbomeca nor does it require that you 
perform the modification at a specific location. After modifying 
both engines, remove from the helicopter any placard required by 
this AD and remove from the RFM the revised altitude limitations and 
the revised performance pages required by this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Ed Cuevas, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 
Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; 
email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR 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.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (Germany) AD No. 2008-0061, dated March 27, 2008.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 1100, Placards and 
Markings.

(i) Material Incorporated by Reference

    (1) You must use the specified portions of the following service 
information to do the specified actions required by this AD. The 
Director of the Federal Register approved the incorporation by 
reference of the following service information under 5 U.S.C. 552(a) 
and 1 CFR part 51:
    (i) Eurocopter Alert Service Bulletin No. ASB-MBB-BK117-60-121, 
Revision 4, dated December 11, 2007; and
    (ii) Eurocopter Alert Service Bulletin No. MBB BK117 C-2-71A-
003, Revision 3, dated December 11, 2007.
    (2) You must use the specified portions of Turbomeca Groupe 
SAFRAN Service Bulletin No. 292 73 0358, dated October 2, 2007 to do 
the optional terminating action in this AD. The Director of the 
Federal Register approved the incorporation by reference of this 
service information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (3) For the Eurocopter service information identified in this 
AD, contact American Eurocopter Corporation, 2701 Forum Drive, Grand 
Prairie, Texas 75053-4005; telephone (800) 232-0323; fax (972) 641-
3710; or at http://www.eurocopter.com. For the Turbomeca Groupe 
SAFRAN service information identified in this AD, contact SAFRAN 
Turbomeca, 2709 N. Forum Drive, Grand Prairie, Texas 75052; 
telephone (800) 662-6322; or at http://www.turbomeca-usa.com.
    (4) You may review the referenced service information at the 
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth, Texas 76137 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/code_of_federal_regulations/ibr_locations.html

    Issued in Fort Worth, Texas, on May 2, 2012.
Carlton N. Cochran,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-12672 Filed 6-1-12; 8:45 am]
BILLING CODE 4910-13-P