[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Rules and Regulations]
[Pages 46429-46432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18708]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0643; Product Identifier 2019-SW-013-AD; Amendment 
39-19719; AD 2019-10-51]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is publishing a new airworthiness directive (AD) for 
all Airbus Helicopters Deutschland GmbH Helicopters (Airbus) Model MBB-
BK 117 C-2 helicopters. Emergency AD 2019-10-51 was sent previously to 
all known U.S. owners and operators of these helicopters. This AD 
requires, for certain helicopters, inspecting the fuselage frame and 
providing certain information to the FAA. This AD also prohibits 
installing certain components as part of Supplemental Type Certificate 
(STC) SR00592DE on any helicopter. This AD was prompted by reports of 
fatigue cracks in the fuselage frame. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective September 19, 2019 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
2019-10-51, issued on May 16, 2019, which contained the requirements of 
this amendment.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication identified in this AD as of 
September 19, 2019.
    The FAA must receive comments on this AD by October 21, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact Air 
Methods Corporation, 5500 South Quebec Street, Suite 300, Greenwood 
Village, CO 80111; telephone 303-792-7557 or at http://www.unitedrotorcraft.com/. You may view this service information at the 
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood 
Pkwy, Room 6N-321, Fort Worth, TX 76177. For information on the 
availability of this material at the FAA, call 817-222-5110. It is also 
available on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0643.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0643; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The street address for Docket Operations is listed 
above. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Cynthia Bradley, Aviation Safety 
Engineer, Denver ACO Branch, Compliance & Airworthiness Division, FAA, 
26805 East 68th Ave., Room 214, Denver, CO 80249; telephone (303) 342-
1082; email [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 46430]]

Discussion

    On May 16, 2019, the FAA issued Emergency AD 2019-10-51, which 
requires for certain serial-numbered helicopters, inspecting the 
fuselage frame before further flight and providing certain information 
to the FAA within 10 hours time-in-service (TIS) after the required 
inspections. This AD also prohibits installing certain components as 
part of STC SR00592DE on any helicopter. Emergency AD 2019-10-51 was 
sent previously to all known U.S. owners and operators of these 
helicopters. This action was prompted by reports of fatigue cracks in 
the fuselage frame, through the left-hand door frame webs and frame cap 
at station 4135. These cracks occurred on certain serial numbered 
helicopters with STC SR00592DE installed. The cracks initiated under 
the doubler that reinforces the door frame where recessed medical wall 
fittings are attached. In one case, the crack under the doubler 
propagated through the inboard frame cap and onto the inboard web. This 
condition, if not corrected, could result in excessive vibration, an 
in-flight breakup, and subsequent loss of control of the helicopter. 
Although the exact cause of this unsafe condition is still being 
investigated, the FAA has determined that the cracks are a result of 
the recessed medical wall rack installation.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Air Methods Alert Service Bulletin ASB19-03, 
Revision IR, dated May 6, 2019 (ASB). The ASB requires removing the 
recessed medical wall rack and describes procedures for inspecting the 
door frame at the forward medical wall rack doubler for cracks. If 
cracks are discovered, the ASB specifies that the aircraft is grounded 
until repairs are made. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section.

FAA's Determination

    The FAA is issuing this AD after evaluating all the relevant 
information and determining the unsafe condition described previously 
is likely to exist or develop in other products of this same type 
design.

AD Requirements

    This AD requires the following for certain serial-numbered 
helicopters:
     Before further flight, removing the recessed medical wall 
rack, inspecting the fuselage frame box beam structure for cracks and 
loose rivets, and making repairs if necessary or reinstalling the 
inboard web of the box beam and the cabin interior panels with the 
medical wall rack to remain removed and
     Within 10 hours TIS after the required inspections, 
providing the inspection results, photographs of inspected areas, total 
helicopter hours TIS since installation of STC SR00592DE, and the 
helicopter serial number to the FAA.
    This AD also prohibits installing on any helicopter recessed 
medical wall assembly part number (P/N) 778-1400-001, wall mount 
fittings P/N 900-9959-001, aft medical wall doubler P/N 900-9989, and 
medical wall long doubler P/N 900-6021 at stations 4135 and 4963.19 as 
part of STC SR00592DE.

Differences Between This AD and the Service Information

    This AD requires the inspections before further flight, whereas the 
ASB specifies within 10 flight hours. This AD requires a single 
inspection before further flight, whereas the ASB specifies repetitive 
inspections every 200 hours TIS following the initial inspection. This 
AD does not require contacting Air Methods for disposition on the 
discovery of cracks, whereas the ASB does.

Interim Action

    The FAA considers this AD interim action. The inspection reports 
that are required by this AD will enable the FAA to obtain better 
insight into the cause of the cracking and eventually to develop final 
action to address the unsafe condition. Once final action has been 
identified, the FAA might consider further rulemaking. Also, the FAA is 
currently considering requiring repetitive inspections of the frame. 
However, the planned compliance time for those inspections would allow 
enough time to provide notice and opportunity for prior public comment 
on the merits of the repetitive inspections.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause,'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking.
    An unsafe condition exists that required the immediate adoption of 
Emergency AD 2019-10-51, issued on May 16, 2019, to all known U.S. 
owners and operators of these helicopters. The FAA found that the risk 
to the flying public justified waiving notice and comment prior to 
adoption of this rule because an unsafe condition existed which 
required corrective actions before further flight. These conditions 
still exist and the AD is hereby published in the Federal Register as 
an amendment to section 39.13 of the Federal Aviation Regulations (14 
CFR 39.13) to make it effective to all persons. Accordingly, notice and 
opportunity for prior public comment are impracticable and contrary to 
public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
reason stated above, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, the FAA invites you to send any written data, views, 
or arguments about this final rule. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number FAA-2019-
0643 and Product Identifier 2019-SW-013-AD at the beginning of your 
comments. The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this final 
rule. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this final rule.

Costs of Compliance

    The FAA estimates that this AD affects 10 helicopters of U.S. 
registry and estimates the following costs to comply with this AD. 
Labor costs are estimated at $85 per work-hour. Removing the recessed 
medical wall rack takes about 0.25 work-hour, inspecting for cracks and 
loose rivets takes about 8 work-hours, and reporting the required 
information takes about 1 work-hour for an estimated cost of $786 per 
helicopter and $7,860 for the affected U.S. fleet. Thirty-three blind 
rivets at about $1.50 each are required to reinstall the inboard web if 
there are

[[Page 46431]]

no cracks for a total cost of $50. Loose fitting/doubler rivets cost 
about $1.50 each. The FAA has no way of estimating the cost to repair 
any cracked structure.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, completing and reviewing the collection of 
information. All responses to this collection of information are 
mandatory. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Information Collection Clearance Officer, 
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 
76177-1524.

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.
    The FAA is 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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2019-10-51 Airbus Helicopters Deutschland GmbH: Amendment 39-19719; 
Docket No. FAA-2019-0643; Product Identifier 2019-SW-013-AD.

(a) Effective Date

    This AD is effective September 19, 2019 to all persons except 
those persons to whom it was made immediately effective by Emergency 
AD 2019-10-51, issued on May 16, 2019, which contained the 
requirements of this amendment.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
MBB-BK 117 C-2 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) of America Code: 5311, 
Fuselage main frame.

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracks in a fuselage 
frame. The FAA is issuing this AD to correct the unsafe condition on 
these helicopters.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) For helicopters with serial numbers 9069, 9185, 9255, 9377, 
9389, 9403, 9411, 9457, 9529, or 9637, before further flight:
    (i) Remove the recessed medical wall rack in accordance with 
Part 1, paragraphs 4.1. through 4.3., of Air Methods Alert Service 
Bulletin ASB19-03, Revision IR, dated May 6, 2019 (ASB).
    (ii) Inspect the fuselage frame box beam structure for cracks 
and loose rivets at station 4135 in accordance with Part 2, 
paragraphs 5.1 through 5.4., of the ASB, except you are not required 
to contact Air Methods for disposition if cracks are found. Instead, 
if there is a crack, repair using a method approved by the Manager, 
Denver ACO Branch, Compliance & Airworthiness Division, FAA, 26805 
East 68th Ave., Room 214, Denver, CO 80249; telephone (303) 342-
1081; email: 9 [email protected]. Replace any loose 
rivets.
    (iii) If there are no cracks, reinstall the inboard web of the 
box beam and the cabin interior panels in accordance with Part 2, 
paragraphs 5.5. and 5.6. of the ASB. Do not reinstall the recessed 
medical wall rack.
    (2) For helicopters with serial numbers 9069, 9185, 9255, 9377, 
9389, 9403, 9411, 9457, 9529, or 9637, within 10 hours time-in-
service (TIS) after the required inspections, provide the inspection 
results, photographs of inspected areas, total helicopter hours TIS 
since installation of Supplemental Type Certificate (STC) SR00592DE, 
and helicopter serial number to the attention of the person 
identified in paragraph (j) of this AD. This information is required 
even if there are no cracks.
    (3) For all helicopters, after the effective date of this AD, do 
not install on any helicopter recessed medical wall assembly part 
number (P/N) 778-1400-001, wall mount fittings P/N 900-9959-001, aft 
medical wall doubler P/N 900-9989, and medical wall long doubler P/N 
900-6021 at stations 4135 and 4963.19 as part of STC SR00592DE.

(h) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a currently valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 1 hour per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, completing and reviewing 
the collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden to: Information 
Collection Clearance Officer, Federal Aviation Administration, 10101 
Hillwood Parkway, Fort Worth, TX 76177-1524.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Denver ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures

[[Page 46432]]

found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your 
request to your principal inspector or local Flight Standards 
District Office, as appropriate. If sending information directly to 
the manager of the certification office, send it to the attention of 
the person identified in paragraph (j) of this AD and notify the 
Denver ACO Branch of the request by email at: [email protected]">9-[email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    For more information about this AD, contact Cynthia Bradley, 
Aviation Safety Engineer, Denver ACO Branch, Compliance & 
Airworthiness Division, FAA, 26805 East 68th Ave., Room 214, Denver, 
CO 80249; telephone (303) 342-1082; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Air Methods Alert Service Bulletin ASB19-03, Revision IR, 
dated May 6, 2019.
    (ii) [Reserved]
    (3) For Air Methods service information identified in this AD, 
contact Air Methods Corporation, 5500 South Quebec Street, Suite 
300, Greenwood Village, CO 80111; telephone 303-792-7557 or at 
http://www.unitedrotorcraft.com/.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call 817-222-5110.
    (5) You may view this service information that is incorporated 
by reference 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 August 19, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2019-18708 Filed 9-3-19; 8:45 am]
 BILLING CODE 4910-13-P