Airworthiness directives: Eurocopter Deutschland GmbH,
[Federal Register: November 19, 1998 (Volume 63, Number 223)]
[Rules and Regulations]
[Page 64175-64179]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no98-3]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-SW-29-AD; Amendment 39-10899; AD 98-24-13]
RIN 2120-AA64
Airworthiness Directives; Eurocopter Deutschland GmbH (ECD) (Eurocopter) Model MBB-BK117 A-1, A-3, A-4, B-1, B-2, and C-1 Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
SUMMARY: This amendment supersedes an existing airworthiness directive (AD), applicable to Eurocopter Model MBB-BK117 A-1, A-3, A-4, B-1, B-2, and C-1 helicopters, that currently requires initial and repetitive inspections of both surfaces of the tail boom vertical fin (vertical fin) spar, the skin, and the left-hand and right-hand frame sheets for cracks or loose rivets. That AD also requires repairing certain cracks, if found, and repairing and reporting those loose rivets and certain other cracks, if found. This amendment requires the same inspections, repairs, and reporting as the existing AD, but changes the reference to the service bulletin and
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prohibits the use of blind rivets for the vertical fin spar repair. This amendment is prompted by an accident that occurred on April 15, 1997, resulting in one fatality. The actions specified by this AD are intended to prevent failure of the vertical fin and subsequent loss of control of the helicopter.
DATES: Effective December 4, 1998.
The incorporation by reference of Eurocopter Alert Service Bulletin MBB-BK 117-30-106, Revision 4, dated December 19, 1997, as listed in the regulations, is approved by the Director of the Federal Register as of December 4, 1998.
The incorporation by reference of Eurocopter Alert Service Bulletin No. MBB-BK 117-30-106, Revision 3, dated May 5, 1997, as listed in the regulations, was approved previously by the Director of the Federal Register as of October 24, 1997 (62 FR 52655, October 9, 1997).
Comments for inclusion in the Rules Docket must be received on or before January 19, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Office of the Regional Counsel, Southwest Region, Attention: Rules Docket No. 98-SW-29-AD, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.
The service information referenced in this AD may be obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone (972) 641-3460, fax (972) 641-3527. This information may be examined at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Monschke, Aerospace Engineer, Rotorcraft Standards Staff, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5116, fax (817) 222-5961.
SUPPLEMENTARY INFORMATION: On April 25, 1997, the FAA issued priority letter AD 97-09-16, to require inspecting both surfaces of the vertical fin spar, part number (P/N) 105-304061.03, P/N 1120-30406.03, or P/N 117-30423-03, paying particular attention to the area extending from the top edge of the second lightening hole from the top of the vertical fin spar to the bottom edge of the fourth lightening hole, the outer skin (skin), and the left-hand and right-hand frame plates for cracks, loose rivets, or other anomalies. That priority letter AD required that the inspection be performed before further flight, then repeated at intervals not to exceed 100 hours time-in-service (TIS). That action was prompted by an accident involving a Eurocopter Model MBB-BK117 series helicopter that occurred on April 15, 1997, resulting in one fatality. A subsequent investigation revealed that the vertical fin had failed as a result of a fatigue crack that initiated on the left side of the vertical fin. The crack propagated across the spar cap and spar. A crack in the skin propagated horizontally toward the vertical fin leading edge until catastrophic overstress occurred. Inspections of other helicopters of the same type design revealed cracks in the vertical fin spars of three additional helicopters. That condition, if not corrected, could result in failure of the vertical fin and subsequent loss of control of the helicopter.
On September 26, 1997 the FAA issued AD 97-20-16, Amendment 39- 10153 (62 FR 52655, October 9, 1997), superseding priority letter AD 97-09-16 to require the same initial and repetitive inspections of the vertical fin spar, and additionally, requiring the repair of certain cracks, if found, and reporting and repairing loose rivets and certain other cracks. That action was prompted by the issuance of Eurocopter Alert Service Bulletin (ASB) No. MBB-BK 117-30-106, Revision 3, dated May 5, 1997, which contains repair procedures for the cracks that were unavailable at the time of the release of priority letter AD 97-09-16. The requirements of both those ADs are intended to prevent failure of the vertical fin spar and subsequent loss of control of the helicopter.
Since the issuance of AD 97-20-16, Eurocopter has issued Eurocopter ASB MBB-BK117 No. ASB-MBB-BK 117-30-106, Revision 4, dated December 19, 1997, which replaces all previous revisions and specifies repair procedures for the spar cap as well as inspection requirements. It also deletes a reference that allows the use of blind rivets for the vertical fin spar repair.
These helicopter models are manufactured in The Federal Republic of Germany and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the Luftahrt-Bundesamt (LBA), the airworthiness authority for The Federal Republic of Germany, has kept the FAA informed of the situation described above. The LBA superseded AD No. 97-144/2, dated June 5, 1997, with AD 1997-144/3, effective May 11, 1998. The FAA has examined the findings of the LBA, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States.
Since an unsafe condition has been identified that is likely to exist or develop on other Eurocopter Model MBB-BK117 A-1, A-3, A-4, B- 1, B-2, and C-1 helicopters of the same type design, this AD supersedes AD 97-20-16, Amendment 39-10153 (62 FR 52655, October 9, 1997) to require inspecting both surfaces of the vertical fin spar, P/N 105- 304061.03, P/N 1120-30406.03, or P/N 117-30423-03, paying particular attention to the area extending from the top edge of the third lightening hole from the top of the vertical fin spar to halfway between the fourth and fifth lightening hole (see Figure 1 for description of area to be inspected), the skin, and the left-hand and right-hand frame sheets for cracks or loose rivets. This inspection must be repeated at intervals not to exceed 100 hours TIS until the repair is accomplished. If a crack is found in the area of the fourth lightening hole of the vertical fin spar, including a crack in the cap or ``c'' channel area of the spar, or in the left-hand frame sheet, P/N 105-304161 or P/N 1120-30416, or in the right-hand frame sheet, P/N 105-304211 or P/N 1120-30421, before further flight, the crack must be repaired in accordance with the repair instructions that are an Appendix titled ``Repair of BK117 Vertical Fin'' to Eurocopter ASB MBB- BK 117 No. ASB-MBB-BK 117-30-106, Revision 4, dated December 19, 1997, or in accordance with Eurocopter ASB No. MBB-BK 117-30-106, Revision 3, dated May 5, 1997, except use of blind rivets is not permitted. Thereafter, this AD requires that a visual inspection for cracks be performed at intervals not to exceed 300 hours TIS. If a crack or loose rivet is found in the area other than that described in paragraph (a) of this AD, including any crack that is found to extend into the skin, P/N 105-304011.18 or P/N 1120-30402.0, contact the Rotorcraft Standards Staff before further flight for further evaluation. If no crack is found, the repetitive visual inspection for cracks is required at intervals not to exceed 100 hours TIS until the repair specified in the repair instruction is accomplished. The repair must be accomplished within 600 hours TIS after October 24, 1997. Thereafter, the repetitive visual inspections for cracks are required at intervals not to exceed 300 hours TIS. The actions are required to be accomplished in accordance with the service bulletins described. The
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short compliance time involved is required because the previously described critical unsafe condition can adversely affect the structural integrity of the helicopter. Therefore, inspections, reporting, and repairs, if necessary, are required prior to further flight, and this AD must be issued immediately.
Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.
The FAA estimates that 132 helicopters will be affected by this AD, that it will take approximately 4 work hours for each inspection and 35 hours for each repair, if necessary, per helicopter, and that the average labor rate is $60 per work hour. Required parts will cost approximately $302 per helicopter. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $348,744, assuming one inspection and one repair per helicopter.
Comments Invited
Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filedin the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 98-SW-29-AD.'' The postcard will be date stamped and returned to the commenter.
The regulations adopted herein will not have substantial direct effects 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. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a ``significant regulatory action'' under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
-
The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
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Section 39.13 is amended by removing Amendment 39-10153 (62 FR 52655, October 9, 1997), and by adding a new airworthiness directive (AD), Amendment 39-10899, to read as follows:
AD 98-24-13 Eurocopter Deutschland GmbH (ECD): Amendment 39-10899. Docket No. 98-SW-29-AD. Supersedes AD 97-20-16, Amendment 39-10153, Docket No. 97-SW-15-AD.
Applicability: Model MBB-BK117 A-1, A-3, A-4, B-1, B-2, and C-1 helicopters, certificated in any category.
Note 1: This AD applies to each helicopter identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For helicopters that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must use the authority provided in paragraph (f) to request approval from the FAA. This approval may address either no action, if the current configuration eliminates the unsafe condition, or different actions necessary to address the unsafe condition described in this AD. Such a request should include an assessment of the effect of the changed configuration on the unsafe condition addressed by this AD. In no case does the presence of any modification, alteration, or repair remove any helicopter from the applicability of this AD.
Compliance: Required as indicated, unless accomplished previously.
To prevent failure of the tail boom vertical fin (vertical fin) and subsequent loss of control of the helicopter, accomplish the following:
(a) Before further flight, remove the tail rotor drive shaft between the intermediate and tail rotor gearboxes and the yaw servo (if installed). Thoroughly clean the vertical fin spar and adjacent areas and visually inspect the following for cracks or loose rivets:
(1) Both surfaces of the vertical fin spar, part number (P/N) 105-304061.03, P/N 1120-30406.03, or P/N 117-30423-03, paying particular attention to the area extending from the top edge of the third lightening hole from the top of the vertical fin spar to halfway between the fourth and fifth lightening hole (see Figure 1).
(2) The skin and left-hand and right-hand frame sheets.
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(b) If a crack or loose rivet is found in the area described in paragraph (a) of this AD (see Figure 1), before further flight, repair in accordance with the Appendix, ``Repair of BK117 Vertical Fin'', to Eurocopter Alert Service Bulletin (ASB) MBB-BK 117 No. ASB-MBB-BK 117-30-106, Revision 4, dated December 19, 1997, or in accordance with Eurocopter ASB No. MBB-BK 117-30-106, Revision 3, dated May 5, 1997, except use of blind rivets is not permitted. Thereafter, perform the inspection described in paragraph (a) of this AD at intervals not to exceed 300 hours TIS.
(c) If a crack or loose rivet is found in the area other than that described in paragraph (a) of this AD, including any crack that is found to extend into the skin, P/N 105-304011.18 or P/N 1120- 30402.08, before further flight, contact the Rotorcraft Standards Staff. Reporting requirements have been approved by the Office of Management and Budget and assigned OMB control number 2120-0056.
(d) If no crack or loose rivet is found as a result of the inspection required by paragraph (a) of this AD, until the repair is made in accordance with the Appendix, ``Repair of BK117 Vertical Fin,'' to Eurocopter ASB MBB-BK 117 No. ASB-MBB-BK 117-30-106, Revision 4, dated December 19, 1997, or in accordance with the Appendix, ``Repair of BK117 Vertical Fin,'' to Eurocopter ASB No. MBB-BK 117-30-106, Revision 3, dated May 5, 1997, except use of blind rivets is not permitted, perform the visual inspection required by paragraph (a) of
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this AD at intervals not to exceed 100 hours TIS.
(e) Within 600 hours TIS after October 24, 1997, accomplish the repair to the vertical fin in accordance with the Appendix, ``Repair of BK117 Vertical Fin,'' to Eurocopter ASB MBB-BK-117 No. ASB-MBB-BK 117-30-106, Revision 4, dated December 19, 1997, or in accordance with the Appendix, ``Repair of BK117 Vertical Fin,'' to Eurocopter ASB No. MBB-BK 117-30-106, Revision 3, dated May 5, 1997, except use of blind rivets is not permitted. If blind rivets were previously used to accomplish the vertical fin repair, they must be removed and replaced with solid rivets to comply with the requirements of this AD. Thereafter, perform the visual inspection required by paragraph (a) of this AD at intervals not to exceed 300 hours TIS.
(f) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff. Operators shall submit their requests through an FAA Principal Maintenance Inspector, who may concur or comment and then send it to the Manager, Rotorcraft Standards Staff.
Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Rotorcraft Standards Staff.
(g) Special flight permits will not be issued.
(h) The inspections and repairs shall be done in accordance with the Appendix, ``Repair of BK117 Vertical Fin,'' to Eurocopter Alert Service Bulletin MBB-BK 117-30-106, Revision 4, dated December 19, 1997, or in accordance with the Appendix, ``Repair of BK117 Vertical Fin,'' to Eurocopter Alert Service Bulletin No. MBB-BK 117-30-106, Revision 3, dated May 5, 1997, except use of blind rivets is not permitted. The incorporation by reference of Eurocopter Alert Service Bulletin No. MBB-BK 117-30-106, Revision 3, dated May 5, 1997, was approved previously by the Director of the Federal Register, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, as of October 24, 1997 (62 FR 52655, October 9, 1997). The incorporation by reference of Eurocopter Alert Service Bulletin MBB- BK 117-30-106, Revision 4, dated December 19, 1997, was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone (972) 641-3460, fax (972) 641-3527. Copies may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
Note 3: Accomplishment of the requirements of Revision 3 of the referenced service bulletin, except for using solid rivets instead of blind rivets, or Revision 4 of the referenced service bulletin constitutes compliance with the requirements of this AD.
(i) This amendment becomes effective on December 4, 1998.
Note 4: The subject of this AD is addressed in Luftahrt- Bundesamt (Germany) AD 1997-144/3, effective May 11, 1998.
Issued in Fort Worth, Texas, on November 12, 1998. Henry A. Armstrong, Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 98-30788Filed11-18-98; 8:45 am]
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