[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Proposed Rules]
[Pages 4090-4092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01004]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0018; Directorate Identifier 2010-SW-060-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 propose to adopt a new airworthiness directive (AD) for 
Eurocopter Deutschland GmbH (Eurocopter) Model MBB-BK 117 C-2 
helicopters. This proposed AD would require determining if a certain 
serial-numbered bevel gear is installed in the tailrotor intermediate 
gear box (IGB). If such a bevel gear is installed in the IGB, this AD 
would require recording the bevel gear's reduced life limit in the 
Airworthiness Limitations section of the maintenance manual and on the 
component history card or equivalent IGB record. If the bevel gear's 
life limit has been reached or exceeded, this AD

[[Page 4091]]

would require, before further flight, replacing the bevel gear with an 
airworthy bevel gear. This proposed AD is prompted by the discovery 
that the tooth foot fillets in certain bevel gears fell below the 
minimum dimensions required in the design documents to ensure safe 
functioning of the bevel gear until reaching its approved life limit. 
The proposed actions are intended to prevent failure of a bevel gear 
before reaching its currently approved life limit, failure of the IGB, 
and subsequent loss of helicopter control.

DATES: We must receive comments on this proposed AD by March 19, 2013.

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 
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 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: Chinh Vuong, 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:

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, has issued EASA AD 
No. 2010-0096, dated May 25, 2010, to correct an unsafe condition for 
Eurocopter Model MBB-BK 117 C-2 helicopters. EASA advises that during a 
recent review of the production documents for the bevel gears of the 
IGB, it was discovered that certain production batch numbers have tooth 
foot fillets below the required minimum values that would ensure the 
approved life limits for this part.

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, EASA, its technical 
representative, has notified us of the unsafe condition described in 
its AD. We are proposing this AD because we evaluated all known 
relevant information and determined that an unsafe condition is likely 
to exist or develop on other products of the same type design.

Related Service Information

    Eurocopter has issued Alert Service Bulletin No. MBB BK117 C-2-04A-
005, Revision 2, dated April 28, 2010 (ASB). The ASB specifies 
determining whether certain serial-numbered bevel gears are installed 
in the IGB. The ASB specifies recording the reduced life limit for each 
affected bevel gear on the log card of the IGB and on the list of life-
limited parts. If a bevel gear has one of the serial numbers listed in 
Table 1 of the ASB, the ASB specifies filling out a reply form and 
copying and sending it to Eurocopter. The ASB also specifies sending 
the IGB to a certified overhaul facility for replacing the bevel gear 
if it has reached or exceeded its life limit. EASA classified this ASB 
as mandatory and issued AD No. 2010-0096, dated May 25, 2010, to ensure 
the continued airworthiness of these helicopters.

Proposed AD Requirements

    This proposed AD would require, within 30 days after the effective 
date of this AD:
     Determining if a certain part-numbered and serial-numbered 
bevel gear is installed in the IGB, and recording the reduced life 
limit of the bevel gear on the component history card or equivalent 
record of the IGB.
     If the bevel gear life limit has been reached or is 
exceeded, before further flight, replacing the bevel gear with an 
airworthy bevel gear.
     Revising the Airworthiness Limitations section of the 
maintenance manual by reducing the retirement life for each IGB bevel 
gear, part number (P/N) 4639 310 065, having a serial number listed in 
Table 1 of the ASB, to the life limit listed in Table 1 of the ASB.

Differences Between This Proposed AD and the EASA AD

    This proposed AD does not require sending a copy of the form in the 
ASB to the manufacturer. This proposed AD does not require sending the 
IGB to an overhaul facility. Also, this proposed AD does not specify a 
single ferry flight not to exceed 20 hours time-in-service to a 
maintenance facility if the bevel gear has exceeded the reduced life 
limit.

Costs of Compliance

    We estimate that this proposed AD would affect 107 helicopters of 
U.S. registry and that the labor rate would average $85 per work-hour. 
We also estimate that it would take about a half hour to determine 
whether the IGB is affected and to enter the reduced life limit on the 
component history card or the equivalent record and to revise the 
Airworthiness Limitations section of the maintenance manual. Based on 
these figures, we estimate that the cost per helicopter would total 
about $43, about $4,601 for the U.S. fleet.

[[Page 4092]]

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

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):

Eurocopter Deutschland GmbH Helicopters: Docket No. FAA-2013-0018; 
Directorate Identifier 2010-SW-060-AD.

(a) Applicability

    This AD applies to Model MBB-BK 117 C-2 helicopters with a bevel 
gear, part number (P/N) 4639 310 065, installed in the tail rotor 
intermediate gear box (IGB), P/N 4639 002 007, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a bevel gear, 
failure of the tail rotor IGB, and subsequent loss of control of the 
helicopter.

(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

    Within 30 days, do the following:
    (1) Determine if a bevel gear with a serial number (S/N) listed 
in Table 1 of Eurocopter Alert Service Bulletin MBB BK117 C-2-04A-
005, Revision 2, dated April 28, 2010 (ASB), is installed in the 
IGB.
    (i) If a bevel gear listed in Table 1 of the ASB is installed in 
the IGB, record the reduced life limit of the bevel gear onto the 
component history card or equivalent record of the IGB.
    (ii) If the bevel gear life limit has been reached or is 
exceeded, before further flight, replace the bevel gear with an 
airworthy bevel gear.
    (2) Revise the Airworthiness Limitations section of the 
maintenance manual by reducing the retirement life for each IGB 
bevel gear, P/N 4639 310 065, that has a S/N listed in Table 1 of 
the ASB to the life limit corresponding to that S/N.

(e) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Chinh Vuong, 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.

(f) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency AD 2010-0096, dated May 25, 2010.

(g) Subject

    Joint Aircraft Service Component (JASC) Code: 6520, Tail Rotor 
Gearbox.

    Issued in Fort Worth, Texas, on January 9, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-01004 Filed 1-17-13; 8:45 am]
BILLING CODE 4910-13-P