

[Federal Register: January 23, 2008 (Volume 73, Number 15)]
[Proposed Rules]               
[Page 3885-3887]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja08-12]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0042; Directorate Identifier 2007-SW-26-AD]
RIN 2120-AA64

 
Airworthiness Directives; Eurocopter Deutschland GMBH Model MBB-
BK 117C-2 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 117C-2 
helicopters. This proposed AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The European Aviation Safety Agency for the Republic 
of Germany, with which we have a bilateral agreement, states in the 
MCAI:

    During inadvertent operation of the fire extinguishing system, 
in one case it occurred that one of the two injection tubes became 
disconnected. This condition, if not corrected, could affect the 
ability of the fire extinguishing system to perform its intended 
function in the case of activation.

The inability of the fire extinguishing system to suppress an engine 
fire creates an unsafe condition. The proposed actions are intended to 
address this unsafe condition by further securing the injection tubes 
with improved clamps, allowing suppression of a contained engine fire, 
and preventing an uncontained engine fire and subsequent loss of the 
helicopter.

DATES: We must receive comments on this proposed AD by February 22, 
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: 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 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.

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 FURTHER INFORMATION CONTACT: John Strasburger, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, 
Fort Worth, Texas 76193-0111, telephone (817) 222-5167, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0042; 
Directorate Identifier 2007-SW-26-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any


[[Page 3886]]

personal information you provide. We will also post a report 
summarizing each substantive verbal contact we receive about this 
proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued an 
MCAI in the form of an EASA AD No. 2007-0121, dated May 3, 2007 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for this German-certificated product. The MCAI states:

    During inadvertent operation of the fire extinguishing system, 
in one case it occurred that one of the two injection tubes became 
disconnected. This condition, if not corrected, could affect the 
ability of the fire extinguishing system to perform its intended 
function in the case of activation.

The inability of the fire extinguishing system to suppress an engine 
fire creates an unsafe condition. The proposed actions are intended to 
address this unsafe condition by further securing the injection tubes 
with improved clamps, allowing suppression of a contained engine fire, 
and preventing an uncontained engine fire and subsequent loss of the 
helicopter.
    You may obtain further information by examining the MCAI and 
service information in the AD docket.

Relevant Service Information

    Eurocopter has issued Alert Service Bulletin MBB BK117 C-2-26A-001, 
dated January 22, 2007. The actions described in the MCAI are intended 
to correct the same unsafe condition as that identified in the service 
information.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of the 
Federal Republic of Germany, and is approved for operation in the 
United States. Pursuant to our bilateral agreement with this State of 
Design, we have been notified of the unsafe condition described in the 
MCAI and service information. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information. Any such 
differences are highlighted in the ``Differences Between the FAA AD and 
the MCAI'' section in the proposed AD.

Costs of Compliance

    We estimate that this proposed AD would affect about 26 helicopters 
of U.S. registry. We also estimate that it would take about 3.5 work-
hours per helicopter to replace the clamps on the injection tubes. The 
average labor rate is $80 per work-hour. Required parts would cost $20 
per helicopter. Based on these figures, we estimate the cost of the 
proposed AD on U.S. operators to be $7,800, or $300 per helicopter.

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 above, 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); 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 AD:

Eurocopter Deutschland GmbH: Docket No. FAA-2008-0042; Directorate 
Identifier 2007-SW-26-AD.

Comments Due Date

    (a) We must receive comments by February 22, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model MBB-BK 117C-2 helicopters, Serial 
Number (S/N) 9004 through S/N 9104, and S/N 9106, 9107, and 9111, 
with a fire extinguishing system B26K1002-801, B262K1003-801, or 
B262K1004-801, installed, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states:
    During inadvertent operation of the fire extinguishing system, 
in one case it occurred that one of the two injection tubes became 
disconnected. This condition, if not corrected, could affect the 
ability of the fire extinguishing system to perform its intended 
function in the case of activation.

The inability of the fire extinguishing system to suppress an engine 
fire creates an unsafe condition. The proposed actions are intended 
to address this unsafe condition by further securing the injection 
tubes with improved clamps, allowing suppression of a contained 
engine fire, and preventing an uncontained engine fire and 
subsequent loss of the helicopter.

Actions and Compliance

    (e) At the next 100 hours time-in-service inspection, unless 
already done, replace the current injection tube clamps by 
installing GBS clamps, part number GBSM24/18W4SK, by following the 
Accomplishment Instructions, paragraph A., and Figure 1 of

[[Page 3887]]

Eurocopter Alert Service Bulletin MBB BK117 C-2-26A-001, dated 
January 22, 2007.

Differences Between the FAA AD and the MCAI

    (f) The FAA refers to the compliance time by hours time-in-
service rather than flight hours as referred to in the MCAI.

Subject

    (g) Air Transport Association of America (ATA) Code JASC 262 
Extinguishing System.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, Rotorcraft Directorate, FAA, has the 
authority to approve AMOCs for this AD, if requested, using the 
procedures found in 14 CFR 39.19. Send information to ATTN: John 
Strasburger, Aviation Safety Engineer, Fort Worth, Texas 76193-0111, 
telephone (817) 222-5167, fax (817) 222-5961.
    (2) Airworthy Product: Use only FAA-approved corrective actions. 
Corrective actions are considered FAA-approved if they are approved 
by the State of Design Authority (or their delegated agent) if the 
State of Design has an appropriate bilateral agreement with the 
United States. You are required to assure the product is airworthy 
before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (i) MCAI Airworthiness Directive No. 2007-0121, dated May 3, 
2007, contains related information.

    Issued in Fort Worth, Texas, on January 4, 2008.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E8-1023 Filed 1-22-08; 8:45 am]

BILLING CODE 4910-13-P
