A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to Eurocopter Deutschland GmbH (ECD) Model MBB-BK 117 helicopters was published in the Federal Register on September 13, 1994 (59 FR 46946). That action proposed to require replacing the current latches with those having positive locks, relocating certain latches, and installing additional locks on the transmission and engine cowling access doors within the next 150 hours time-in-service.
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.
One commenter states that some of the language in the AD should be changed. Specifically, the commenter believes that the words "access door becoming loose in flight" and "resulting in loss of control of the helicopter", which were used to describe theunsafe condition, are misleading. According to the commenter, use of proper locking procedures will prevent the doors from becoming loose in flight. Also, there have not been any incidents in which there has been a loss of control of the helicopter. The FAA does not concur. The FAA has determined that the current latches can become worn and loose and subsequently fail, even if properly latched. Thus far, loose cowling doors have only caused damage to main rotor blades. However, the FAA has determined that main rotor blade damage as well as other resultant damage from loose cowling doors could result in loss of control of the helicopter.
After a careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed, except that the words "cowlings, fire walls, and fuselage" were added to paragraph (a) of the AD to clarify that, in addition to modifying the transmission and engine cowlings, the appropriate mating components also needed to be installed on the cowlings, firewalls, and fuselage. Additionally, the helicopter models were listed to avoid confusion regarding the applicability of the rule. Finally, the FAA has revised the proposed estimated average labor rate from $55 per work hour to an estimated average labor rate of $60 per work hour in the preamble portion of this final rule. This revision will increase the estimated total cost of the AD from $390,474 to $418,824. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
The FAA estimates that 126 helicopters of U.S. registry will be affected by this AD, that it will take approximately 45 work hours per helicopter to accomplish the required actions, and that the average labor rate is $60 per work hour. Required parts will cost approximately $624 per helicopter. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $418,824.
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.
For the reasons discussed above, I certify that this action (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); 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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it 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
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89.
39.13 - [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: