Airworthiness Directives; Eurocopter Deutschland GMBH Helicopters, 32884-32887 [2012-12672]
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Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Rules and Regulations
securities broker or dealer with total
assets under $175 million meets this
requirement. At this time, only one
company, which has assets well in
excess of $175 million, has expressed
interest in electing to become a
supervised securities holding company.
Moreover, only one company ever
elected to be supervised under the
investment bank holding company
framework administered by the
Securities and Exchange Commission,
which is the statutory framework
replaced by this final rule.
In light of the foregoing, the Board
does not believe that the final rule
would have a significant economic
impact on a substantial number of small
entities supervised by the Board.
C. Use of Plain Language
Section 722 of the Gramm-LeachBliley Act requires the Federal banking
agencies to use plain language in all
proposed and final rules published after
January 1, 2000. The Board invited
comment on whether the proposed rule
was written plainly and clearly, or
whether there were ways the Board
could make the rule easier to
understand. The Board received no
comment on these matters and believes
that the final rule is written plainly and
clearly.
List of Subjects in 12 CFR Part 241
Administrative practice and
procedure, Holding companies,
Securities, Federal Reserve System,
Brokers and dealers, Foreign law,
Reporting and recordkeeping
requirements.
Authority and Issuance
For the reasons set forth in the
Supplementary Information, the Board
of Governors of the Federal Reserve
System adds new Part 241 to Chapter II
of Title 12 as follows:
12 CFR Chapter II
■
1. Add part 241 to read as follows:
PART 241—SECURITIES HOLDING
COMPANIES (REGULATION OO)
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Sec.
241.1 Authority and purpose.
241.2 Definitions.
241.3 Registration as a supervised securities
holding company.
Authority: 12 U.S.C. 1850a.
§ 241.1
Authority and purpose.
(a) Authority. This part is issued by
the Board pursuant to section 618 of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C.
1850a).
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15:10 Jun 01, 2012
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(b) Purpose. This part establishes the
procedures by which a securities
holding company may elect to register
to be supervised by the Board.
§ 241.2
Definitions.
Except as defined below, terms used
in this part have the same meaning
given them in 12 CFR 225.2.
(a) Securities holding company. (1) A
securities holding company means—
(i) Any company that directly or
indirectly owns or controls, is
controlled by, or is under common
control with, one or more brokers or
dealers registered with the Securities
and Exchange Commission; and
(ii) Is required by a foreign regulator
or provision of foreign law to be subject
to comprehensive consolidated
supervision.
(2) A securities holding company does
not include a company that is—
(i) A nonbank financial company
supervised by the Board pursuant to
Title I of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(12 U.S.C. 5301 et seq.);
(ii) An insured bank (other than an
institution described in subparagraphs
(D), (F), or (H) of section 2(c)(2) of the
Bank Holding Company Act of 1956 (12
U.S.C. 1841(c)(2))) or a savings
association;
(iii) An affiliate of an insured bank
(other than an institution described in
subparagraphs (D), (F), or (H) of section
2(c)(2) of the Bank Holding Company
Act of 1956 (12 U.S.C. 1841(c)(2))) or an
affiliate of a savings association;
(iv) A foreign bank, foreign company,
or company that is described in section
8(a) of the International Banking Act of
1978 (12 U.S.C. 3106(a));
(v) A foreign bank that controls,
directly or indirectly, a corporation
chartered under section 25A of the
Federal Reserve Act (12 U.S.C. 611 et
seq.); or
(vi) Currently subject to
comprehensive consolidated
supervision by a foreign regulator.
(b) Supervised securities holding
company means a securities holding
company that is supervised by the
Board pursuant to this part.
§ 241.3 Registration as a supervised
securities holding company.
(a) Registration.
(1) Filing Requirement. A securities
holding company may elect to register
to become a supervised securities
holding company by filing the
appropriate form with the responsible
Reserve Bank. The responsible Reserve
Bank is determined by the Director of
Banking Supervision and Regulation at
the Board, or the Director’s delegee.
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(2) Request for additional
information. The Board may, at any
time, request additional information
that it believes is necessary to complete
the registration.
(3) Complete filing. A registration by
a securities holding company is
considered to be filed on the date that
all information required on the
appropriate form is received.
(b) Effective date of registration.
(1) In general. A registration filed by
a securities holding company under
paragraph (a) of this section is effective
on the 45th calendar day after the date
that a complete filing is received by the
responsible Reserve Bank.
(2) Earlier notification that a
registration is effective. The Board may
notify a securities holding company that
its registration to become a supervised
securities holding company is effective
prior to the 45th calendar day after the
date that a complete filing is received by
the responsible Reserve Bank. Such a
notification must be in writing.
(3) Supervision and regulation of
securities holding companies. (i) Upon
an effective registration and except as
otherwise provided by order of the
Board, a supervised securities holding
company shall be treated, and shall be
subject to supervision and regulation by
the Board, as if it were a bank holding
company, or as otherwise appropriate to
protect the safety and soundness of the
supervised securities holding company
and address the risks posed by such
company to financial stability.
(ii) The provisions of section 4 of the
Bank Holding Company Act of 1956 (12
U.S.C. 1841 et seq.) do not apply to a
supervised securities holding company.
By order of the Board of Governors of the
Federal Reserve System, May 29, 2012.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2012–13311 Filed 6–1–12; 8:45 am]
BILLING CODE 6210–01–P
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Rules and Regulations
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 https://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 https://
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 https://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
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SUMMARY:
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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
ed.cuevas@faa.gov.
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
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32885
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
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Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Rules and Regulations
(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
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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;
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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
1. The authority citation for part 39
continues to read as follows:
■
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.
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(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.
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 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 oneengine-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:
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(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 samenumbered 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
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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.
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15:10 Jun 01, 2012
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(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
ed.cuevas@faa.gov.
(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.
32887
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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0324; Directorate
Identifier 2012–CE–008–AD; Amendment
39–17060; AD 2012–10–11]
RIN 2120–AA64
(g) Additional Information
The subject of this AD is addressed in
European Aviation Safety Agency (Germany)
AD No. 2008–0061, dated March 27, 2008.
Airworthiness Directives; Burkhart
GROB Luft- und Raumfahrt GmbH
Powered Sailplanes
(h) Subject
AGENCY:
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
https://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 https://www.turbomecausa.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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
We are adopting a new
airworthiness directive (AD) for all
Burkhart GROB Luft- und Raumfahrt
GmbH Models GROB G 109 and GROB
G 109B powered sailplanes. This AD
results from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as excessive corrosion on the
nose plate in the vertical stabilizer,
which could cause the vertical stabilizer
nose plate to fail. We are issuing this AD
to require actions to address the unsafe
condition on these products.
DATES: This AD is effective July 9, 2012.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of July 9, 2012.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
For service information identified in
this AD, contact Grob Aircraft AG,
Lettenbachstrasse 9, D–86874
Tussenhausen-Mattsies, Germany;
telephone: +49 (0) 8268 998139; fax: +49
(0) 8268 998200; email:
productsupport@grob-aircraft.com;
Internet: https://www.grob-aircraft.eu/.
You may review copies of the
SUMMARY:
E:\FR\FM\04JNR1.SGM
04JNR1
]]>Agencies
[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Rules and Regulations]
[Pages 32884-32887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12672]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
[[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 https://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 https://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 https://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
ed.cuevas@faa.gov.
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 ed.cuevas@faa.gov.
(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 https://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 https://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: https://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
