31394 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 

(ii) Procedure 23, ‘‘Aluminum Part Surface 

Inspection (Impedance Plane Display),’’ 

Section 51–00–00, of Part 6, ‘‘Eddy Current,’’ 

of Boeing 737 Nondestructive Test (NDT) 

Manual, D6–37239, Revision 108, dated 

November 15, 2012. The revision level of this 

document is identified only in the letter of 

transmittal; no other page of this document 

contains this information. 

(iii) Boeing Alert Service Bulletin 737– 

52A1100, Revision 5, dated February 14, 

2011. 

(iv) Boeing Special Attention Service 

Bulletin 737–52–1149, dated December 11, 

2003. 

(4) The following service information was 

approved for IBR on May 16, 2000 (65 FR 

19302, April 11, 2000). 

(i) Figure 4, of Section 51–00–00, of Part 

6, of Boeing 737 Nondestructive Test (NDT) 

Manual, D6–37239, dated August 5, 1997. 

The revision level is not specified on the title 

page or list of effective pages of this 

document. The title page of this document is 

not dated. Pages 1 and 2 of the list of 

effective pages of this document are dated 

August 5, 1997; page 2A is dated February 5, 

1997. 

(ii) Figure 23, of Section 51–00–00, of Part 

6, of Boeing 737 Nondestructive Test (NDT) 

Manual, D6–37239, dated August 5, 1997. 

The revision level is not specified on the title 

page or list of effective pages of this 

document. The title page of this document is 

not dated. Pages 1 and 2 of the list of 

effective pages of this document are dated 

August 5, 1997; page 2A is dated February 5, 

1997. 

(iii) Boeing Service Bulletin 737–52–1100, 

Revision 2, dated March 31, 1994. 

(5) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data & 

Services Management, P. O. Box 3707, MC 

2H–65, Seattle, WA 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; Internet https:// 

www.myboeingfleet.com. 

(6) You may view this service information 

at FAA, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356. For information on 

the availability of this material at the FAA, 

call 425–227–1221. 

(7) 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 Renton, Washington, on April 26, 

2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–10797 Filed 5–23–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0445; Directorate 

Identifier 2012–SW–098–AD; Amendment 

39–17458; AD 2013–10–05] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland GmbH Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Eurocopter Deutschland GmbH (ECD) 

Model MBB–BK 117 C–2 helicopters. 

This AD requires revising the operating 

limitations to prohibit flights under 

instrument flight rules (IFR) or under 

night visual flight rules (VFR) when the 

autotrim is inoperative. The actions of 

this AD are intended to prevent a 

workload situation whereby stabilizing 

the helicopter in flight would be 

difficult if not impossible, resulting in 

possible loss of helicopter control. 

DATES: This AD becomes effective June 

10, 2013. 

We must receive comments on this 

AD by July 23, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

http://www.regulations.gov. Follow the 

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address 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 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 service information identified in 

this AD, contact American Eurocopter 

Corporation, 2701 N. Forum Drive, 

Grand Prairie, TX 75052; telephone 

(972) 641–0000 or (800) 232–0323; fax 

(972) 641–3775; or at http:// 

www.eurocopter.com/techpub. 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. 

FOR FURTHER INFORMATION CONTACT: 

George Schwab, Aviation Safety 

Engineer, Safety Management Group, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

george.schwab@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments prior to it becoming effective. 

However, we invite you to participate in 

this rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that resulted from 

adopting this AD. The most helpful 

comments reference a specific portion of 

the AD, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit them only one time. We will file 

in the docket all comments that we 

receive, as well as a report summarizing 

each substantive public contact with 

FAA personnel concerning this 

rulemaking during the comment period. 

We will consider all the comments we 

receive and may conduct additional 

rulemaking based on those comments. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, issued EASA AD No. 2012–0216, 

dated October 18, 2012, to correct an 

unsafe condition for ECD Model MBB– 

BK 117 C–2 helicopters. EASA advises 

that the autopilot (AP) of a Model MBB– 

BK 117 C–2 helicopter failed in flight 

with ‘‘ACTUATOR’’ and ‘‘BACKUP 

SAS’’ messages appearing on the 

caution and advisory display, ‘‘AP’’ 

illuminated in red on the warning unit, 

and Y (Yaw actuator) and P (pitch 

actuator) on the primary flight display. 

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Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 31395 

With the AP switched off, cautions 

‘‘YAW SAS’’ and ‘‘BACKUP SAS’’ 

appeared on the caution and advisory 

display. When the AP was switched on 

again, the ‘‘YAW SAS’’ caution stopped 

appearing while ‘‘BACKUP SAS’’ still 

appeared, EASA reports. 

According to EASA, an investigation 

indicates that a short circuit on the yaw 

Smart Electro-Mechanical Actuator 

(SEMA) ‘‘ACTIV’’ input to ground led to 

the seizure of all five SEMA units. 

EASA advises that this condition, if not 

corrected, ‘‘combined with an 

inoperative Autotrim in Pitch or Roll, or 

combined with an inoperative Autotrim 

in Cyclic and Yaw axis,’’ could 

significantly reduce the pilot’s reaction 

time to stabilize the helicopter, resulting 

in possible loss of helicopter control. 

EASA reports that this situation could 

occur when operating under IFR or 

night VFR. 

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, 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 EASA and determined the 

unsafe condition exists and is likely to 

exist or develop on other helicopters of 

these same type designs. 

Related Service Information 

Eurocopter has issued Alert Service 

Bulletin MBB–BK117 C–2–22A–013, 

dated October 12, 2012 (ASB), which 

states that the autopilot and caution 

indication systems failed during flight. 

Eurocopter’s initial analysis revealed 

that a short circuit occurred within a 

SEMA, causing the SEMAs’ adjustment 

travel to ‘‘freeze.’’ If this failure is 

combined with a failure of the autotrim 

system in the pitch, roll, or yaw axis, it 

could reduce the pilot’s reaction time to 

stabilize the helicopter ‘‘in an 

unacceptable way.’’ The ASB requires 

revision of sections of the master 

minimum equipment list (MMEL) with 

respect to inoperative TRIM-function to 

restrict dispatch conditions. 

AD Requirements 

Within 25 hours time-in-service (TIS) 

or 30 days, whichever comes first, this 

AD requires you to insert a statement 

into the operating limitations section of 

the MBB–BK 117C–2 Rotorcraft Flight 

Manual under paragraph 2.2, Kinds of 

Operations, prohibiting operation under 

IFR or Night VFR with the autotrim 

inoperative in pitch or roll, or combined 

inoperative autotrim in cyclic and yaw 

axis. 

Differences Between This AD and the 

EASA AD 

The EASA AD requires revising the 

operator’s minimum equipment list 

(MEL). We make no requirement 

regarding the MEL. 

Costs of Compliance 

We estimate that this AD will affect 

109 helicopters of U.S. Registry and that 

labor costs will average $85 a work 

hour. Based on these assumptions, we 

expect the following costs: 

Placing the AD in the limitations 

section of the RFM will require a 0.2 

work-hour and no parts for a cost of $17 

per helicopter, $1,853 for the U.S. fleet. 

FAA’s Justification and Determination 

of the Effective Date 

Providing an opportunity for public 

comments prior to adopting these AD 

requirements would delay 

implementing the safety actions needed 

to correct this known unsafe condition. 

Therefore, we find that the risk to the 

flying public justifies waiving notice 

and comment prior to the adoption of 

this rule, because the required 

corrective actions must be accomplished 

within 25 hours TIS or 30 days. As the 

ECD Model MBB–BK 117 C–2 helicopter 

is used in such areas as emergency 

medical service, newsgathering, and law 

enforcement, this is a short time period. 

Since an unsafe condition exists that 

requires the immediate adoption of this 

AD, we determined that notice and 

opportunity for public comment before 

issuing this AD are impractical and 

contrary to the public interest and that 

good cause exists for making this 

amendment effective in less than 30 

days. 

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 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, 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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): 

2013–10–05 Eurocopter Deutschland GmbH 

Helicopters: Amendment 39–17458; 

Docket No. FAA–2013–0445; Directorate 

Identifier 2012–SW–098–AD. 

(a) Applicability 

This AD applies to Eurocopter Deutschland 

GmbH (ECD) Model MBB–BK 117 C–2 

helicopters, certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

failure of the autotrim system in pitch or roll, 

or a combined inoperative autotrim in the 

cyclic and yaw axis. This condition could 

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31396 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 

significantly increase the pilot’s workload to 

stabilize the helicopter, especially in low 

visibility conditions, resulting in loss of 

helicopter control. 

(c) Effective Date 

This AD becomes effective June 10, 2013. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Action 

Within 25 hours time-in-service or 30 days, 

whichever comes first, revise the Operating 

Limitations section of the MBB–BK 117C–2 

Rotorcraft Flight Manual (RFM), under 

paragraph 2.2, Kinds of Operations, by 

inserting a copy of this AD into the RFM or 

by making pen and ink changes to add the 

following statement: 

Dispatch under Instrument Flight Rules (IFR) 

or night Visual Flight Rules (VFR) with the 

Autotrim inoperative in Pitch or Roll or a 

combined inoperative Autotrim in Cyclic and 

Yaw axis is PROHIBITED. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: George Schwab, 

Aviation Safety Engineer, Safety Management 

Group, Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 76137; 

telephone (817) 222–5110; email 

george.schwab@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 

(1) Eurocopter Alert Service Bulletin MBB– 

BK117 C–2–22A–013, dated October 12, 

2012, which is not incorporated by reference, 

contains additional information about the 

subject of this AD. For service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; telephone 

(972) 641–0000 or (800) 232–0323; fax (972) 

641–3775; or at http://www.eurocopter.com/ 

techpub. You may review a copy of the 

service information at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas 76137. 

(2) The subject of this AD is addressed in 

the European Aviation Safety Agency AD No. 

2012–0216, dated October 18, 2012. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 22, Autopilot Dispatch Restriction. 

Issued in Fort Worth, Texas, on May 14, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–12307 Filed 5–23–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–1142; Airspace 

Docket No. 12–ANM–25] 

Amendment of Class D and Class E 

Airspace; Portland-Hillsboro, OR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies Class E 

airspace at Portland-Hillsboro Airport, 

Portland-Hillsboro, OR, to accommodate 

aircraft departing and arriving under 

Instrument Flight Rule (IFR) operations 

at the airport. Also, the geographic 

coordinates are updated for the airport. 

This action, initiated by the biennial 

review of the Portland-Hillsboro 

airspace area, improves the safety and 

management of IFR operations at the 

airport. 

DATES: Effective date, 0901 UTC, August 

22, 2013. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR Part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Richard Roberts, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4517. 

SUPPLEMENTARY INFORMATION: 

History 

On December 21, 2012, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend controlled airspace at 

Portland-Hillsboro, OR (77 FR 75593). 

This action was initiated by a biennial 

review of the airspace. Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. 

Class E airspace designations are 

published in paragraphs 5000, 6002 and 

6004, respectively, of FAA Order 

7400.9W dated August 8, 2012, and 

effective September 15, 2012, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

modifying Class E airspace designated 

as an extension to Class D surface area. 

The size of the Class E airspace to the 

northwest has been reduced, the Class E 

airspace to the south removed, and 

additional Class E airspace created 

south southeast of the PortlandHillsboro Airport. The geographic 

coordinates of the airport also are 

updated to coincide with the FAA’s 

aeronautical database. This action 

enhances the safety and management of 

IFR operations. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (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) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified this rule, when promulgated, 

does not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. The FAA’s 

authority to issue rules regarding 

aviation safety is found in Title 49 of the 

U.S. Code. Subtitle 1, Section 106 

discusses the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. This 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it modifies 

controlled airspace at PortlandHillsboro Airport, Portland-Hillsboro, 

OR. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

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