Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Proposed Rules 2223 

At-reactor independent spent fuel 

storage installation or at-reactor ISFSI 

means an ISFSI whose physical security 

program is conducted as a support 

activity of the co-located power reactor 

facility licensed under parts 50 or 52 of 

this chapter. 

* * * * * 

■ 3. In § 73.18, paragraph (c), as 

proposed to be added at 76 FR 6233, 

February 3, 2011, is revised to read as 

follows: 

§ 73.18 Authorization for use of enhanced 

weapons and preemption of firearms laws. 

* * * * * 

(c) Applicability. (1) Stand-alone 

preemption authority. The following 

classes of facilities, radioactive material, 

or other property are designated by the 

Commission pursuant to 42 U.S.C. 

2201a— 

(i) Power reactor facilities; 

(ii) Facilities authorized to possess or 

use a formula quantity or greater of 

strategic special nuclear material, where 

the material has a radiation level less 

than or equal to 1 Gray (Gy) (100 Rad) 

per hour at a distance of 1 meter (m) (3.3 

feet [ft]), without regard to any 

intervening shielding; and 

(iii) At-reactor independent spent fuel 

storage installations. 

(2) Combined enhanced-weapons 

authority and preemption authority. The 

following classes of facilities, 

radioactive material, or other property 

are designated by the Commission 

under 42 U.S.C. 2201a— 

(i) Power reactor facilities; 

(ii) Facilities authorized to possess or 

use a formula quantity or greater of 

strategic special nuclear material, where 

the material has a radiation level less 

than or equal to 1 Gy (100 Rad) per hour 

at a distance of 1 m (3.3 ft), without 

regard to any intervening shielding; and 

(iii) At-reactor independent spent fuel 

storage installations. 

* * * * * 

■ 4. In § 73.19, paragraph (c), as 

proposed to be added at 76 FR 6237, 

February 3, 2011, is revised to read as 

follows: 

§ 73.19 Firearms background checks for 

armed security personnel. 

* * * * * 

(c) Applicability. For the purposes of 

firearms background checks, the 

following classes of facilities, 

radioactive material, or other property 

are designated by the Commission at 42 

U.S.C. 2201a— 

(1) Power reactor facilities; 

(2) Facilities authorized to possess or 

use a formula quantity or greater of 

strategic special nuclear material, where 

the material has a radiation level less 

than or equal to 1 Gray (100 Rad) per 

hour at a distance of 1 meter (3.3 feet), 

without regard to any intervening 

shielding; and 

(3) At-reactor independent spent fuel 

storage installations. 

* * * * * 

■ 5. In § 73.51, paragraph (b)(4) is added 

to read as follows: 

§ 73.51 Requirements for the physical 

protection of stored spent nuclear fuel and 

high-level radioactive waste. 

* * * * * 

(b) * * * 

(4)(i) The licensee shall ensure that 

the firearms background check 

requirements of § 73.19 of this part are 

met for all members of the security 

organization whose official duties 

require access to covered weapons or 

who inventory enhanced weapons. 

(ii) For licensees who are issued a 

license after [effective date of final rule], 

the licensee shall ensure that the 

firearms background check 

requirements of § 73.19 of this part are 

met for all members of the security 

organization whose official duties 

require access to covered weapons or 

who inventory enhanced weapons. 

Additionally and notwithstanding the 

implementation schedule provisions of 

§ 73.19(b), such licensees shall ensure 

that the firearms background check 

requirements of § 73.19 are satisfactorily 

completed within 180 days of the 

issuance of the license, or within 180 

days of the implementation of a 

protective strategy that uses covered 

weapons, whichever is later. 

(iii) The provisions of this paragraph 

are only applicable to licensees subject 

to this section who store spent nuclear 

fuel in an at-reactor ISFSI. 

* * * * * 

For the Nuclear Regulatory Commission. 

Dated at Rockville, Maryland, this 7th day 

of December, 2012. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2013–00237 Filed 1–9–13; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1305; Directorate 

Identifier 2010–SW–041–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland GmbH Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

Eurocopter Deutschland GmbH 

(Eurocopter) Model BO–105A, BO– 

105C, BO–105S, BO–105LS A–1, BO– 

105LS A–3, EC135 P1, EC135 P2, EC135 

P2+, EC135 T1, EC135 T2, EC135 T2+, 

MBB–BK 117 A–1, MBB–BK 117 A–3, 

MBB–BK 117 A–4, MBB–BK 117 B–1, 

MBB–BK 117 B–2, MBB–BK 117 C–1, 

and MBB–BK 117 C–2 helicopters with 

certain part-numbered cantilever 

assemblies, cyclic stick locking devices, 

or cyclic stick holder assemblies 

installed. This proposed AD would 

require modifying and identifying the 

cyclic stick cantilever or lock. This 

proposed AD is prompted by pilots 

inadvertently taking off with the cyclic 

locked. The proposed actions are 

intended to prevent a pilot taking off 

with the cyclic in the locked position, 

which could result in loss of control of 

the helicopter. 

DATES: We must receive comments on 

this proposed AD by March 11, 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 


wreier-aviles on DSK5TPTVN1PROD with 
2224 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Proposed Rules 

docket contains this proposed AD, the 

economic evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

Office (telephone 800–647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

For service information identified in 

this proposed 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: Jim 

Grigg, Manager, Safety Management 

Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

jim.grigg@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

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 might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, 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 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 proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued AD No. 2008–0113, 

dated June 10, 2008, for the Model 

EC135, EC635 and MBB–BK 117 C–2 

helicopters. EASA advises of several 

cases where takeoff was executed with 

a locked cyclic stick on EC135 series 

helicopters, which may lead to loss of 

control of the helicopter. EASA also 

advises that the stick-locking device 

installed on Model BO 105 and MBB– 

BK 117C–2 helicopters has a similar 

function as the device installed on the 

EC135 series helicopters. Therefore, 

EASA issued AD No. 2009–0079, dated 

April 1, 2009, to require modification of 

the cyclic-stick locking/centering device 

for the Model BO 105 and MBB–BK 117 

helicopters. 

After EASA AD No. 2009–0079 was 

issued, type design ownership for the 

Model BO–105 LS A3 was transferred 

from Canada to Germany. Because 

Transport Canada had not issued an AD 

prior to the transfer, EASA superseded 

AD No. 2009–0079 with AD No. 2010– 

0049, dated March 19, 2010, to include 

Model BO–105 LS A3 in its 

applicability. The EASA ADs also 

require amending the applicable 

Rotorcraft Flight Manual (RFM). 

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 its 

AD. We are proposing this AD because 

we evaluated all known relevant 

information and determined that an 

unsafe condition is likely to exist or 

develop on other products of the same 

type design. 

Related Service Information 

Eurocopter has issued the following 

alert service bulletins (ASB) for each of 

its model helicopters: 

• ASB BO105–40–106, dated 

December 19, 2008, for all Model BO105 

helicopters, except Model BO105 CB–3. 

• ASB–BO 105 LS 40–10, dated May 

8, 2009, for all Model BO 105 LS A–3 

helicopters. 

• ASB EC135–67A–015, dated April 

14, 2008, for certain serial-numbered 

Model EC135 and EC635 helicopters. 

• ASB–MBB–BK117–40–113, dated 

December 22, 2008, for all Model MBB– 

BK117 Models A–1, A–3, A–4, B–1, B– 

2, C–1. 

• ASB MBB BK117 C–2–67A–008, 

dated April 14, 2008, for certain serialnumbered Model MBB BK117 C–2 

helicopters. 

These ASBs specify procedures to 

modify the cantilever assembly or the 

cyclic stick locking device, which 

allows neutral positioning and centering 

of the cyclic stick without the locking 

feature. 

Proposed AD Requirements 

This proposed AD would require 

compliance with the manufacturer’s 

service bulletins for each applicable 

helicopter with a certain part-numbered 

cantilever assembly or a cyclic stick 

locking device installed as follows: 

• ASB BO105–40–106, dated 

December 19, 2008, for Model BO– 

105A, BO–10C, BO–105S, and BO– 

105LS A–1 helicopters. 

• ASB–BO 105 LS 40–10, dated May 

8, 2009, for Model BO 105 LS A–3 ASB 

EC135–67A–015, dated April 14, 2008, 

for Model EC135 P1, P2, P2+, T2, and 

T2+, serial number (S/N) 0005 up to and 

including S/N 0699, excluding S/Ns 

0076, 0093, 0098, 0099, 0102, 0104, 

0106, 0108, 0110, 0111, 0113, 0114, 

0116, 0117, and 0119. 

• ASB–MBB–BK117–40–113, dated 

December 22, 2008, for Model MBB– 

BK117 A–1, A–3, A–4, B–1, B–2, and C– 

1 helicopters. 

• ASB MBB BK117 C–2–67A–008, 

dated April 14, 2008, for all Model MBB 

BK117 C–2, S/N 9004 through S/N 9230 

helicopters. 

Differences Between This Proposed AD 

and the EASA AD 

This proposed AD does not apply to 

Model BO–105D, BO–105DB, BO– 

105DB–4, BO–105DBS–4, BO–105DBS– 

5, BO–105DS, or the military Model 

EC635 helicopters because these models 

are not type certificated in the United 

States. The EASA AD requires 

amending the RFM, and the proposed 

AD does not because the RFM revisions 

have been incorporated by the type 

certificate holder. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 416 helicopters of U.S. 

Registry. 

We estimate that operators may incur 

the following costs in order to comply 

with this proposed AD. It would take 

about .5 work hour to modify the cyclic 

stick lock at $85 per work hour with no 

cost for parts. This results in a total 

estimated cost of $43 per helicopter and 

$17,680 for the fleet. 

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. 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Proposed Rules 2225 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed, I certify 

this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

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 proposed 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Eurocopter Deutschland GmbH: Docket No. 

FAA–2012–1305; Directorate Identifier 

2010–SW–041–AD. 

(a) Applicability 

This AD applies to the following 

Eurocopter Deutschland GmbH (Eurocopter) 

model helicopters, with a listed cantilever 

assembly, cyclic stick locking device, or 

cyclic stick holder assembly part number (P/ 

N) installed, certificated in any category: 

(1) Model BO–105A, BO–105C, BO–105S, 

and BO–105LS A–1 helicopters with a 

cantilever assembly, P/N 105–40132 or 105– 

40139, installed. 

(2) Model BO 105 LS A–3 helicopters with 

a cantilever assembly, P/N 105–40139, 

installed. 

(3) Model EC135 P1, EC135 P2, EC135 P2+, 

EC135 T1, EC135 T2, and EC135 T2+ 

helicopters, serial number (S/N) 0005 up to 

and including S/N 0699 except S/Ns 0076, 

0093, 0098, 0099, 0102, 0104, 0106, 0108, 

0110, 0111, 0113, 0114, 0116, 0117, and 

0119, with a cyclic stick locking device, P/ 

N L670M1045101, L670M1045102, 

L670M1045104, L670M1045105, 

L670M1045106, or L670M1045107, and Pin, 

P/N L311M1038205 or L311M1099205, 

installed. 

(4) Model MBB–BK117 A–1, MBB–BK117 

A–3, MBB–BK117 A–4, MBB–BK117 B–1, 

MBB–BK117 B–2, and MBB–BK117 C–1 

helicopters, with a cyclic stick holder 

assembly, P/N 117–41140–01, 117–41230–01, 

or 117–41230–03, installed. 

(5) Model MBB–BK117 C–2 helicopters, S/ 

N 9004 up to and including S/N 9230, with 

a cyclic stick locking device, P/N 

B856M1011101, and Pin, P/N L311M1038205 

or L311M1099205, installed. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

inadvertent locking of the cyclic prior to take 

off, which could result in loss of control of 

the helicopter. 

(c) 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. 

(d) Required Actions 

Within 100 hours time-in-service: 

(1) For Model BO–105A, BO–105C, BO– 

105S, and BO–105LS A–1 helicopters, 

modify and identify the cyclic stick locking 

device by following the Accomplishment 

Instructions, paragraphs 2.B.1. through 

2.B.2.4 and 2.B.3. through 2.B.3.3., of 

Eurocopter Alert Service Bulletin (ASB) No. 

BO105–40–106, dated December 19, 2008. 

(2) For Model BO–105 LS A–3 helicopters, 

modify and identify the cyclic stick locking 

device by following the Accomplishment 

Instructions, paragraphs 2.B.1.through 

2.B.1.3, of Eurocopter ASB No. ASB–BO 105 

LS 40–10, dated May 8, 2009. 

(3) For Model EC135 P1, EC135 P2, EC135 

P2+, EC135 T1, EC135 T2, and EC135 T2+, 

helicopters, modify and identify the cyclic 

stick cantilever by following the 

Accomplishment Instructions, paragraphs 

3.B. through 3.C., of Eurocopter ASB EC135– 

67A–015, dated April 14, 2008. 

(4) For Model MBB–BK 117 A–1, MBB–BK 

117 A–3, MBB–BK 117 A–4, MBB–BK 117 B– 

1, MBB–BK 117 B–2, and MBB–BK 117 C– 

1 helicopters, modify and identify the cyclic 

stick locking device by following the 

Accomplishment Instructions, paragraphs 

2.B.1. through 2.B.2.2., of Eurocopter ASB 

No. ASB–MBB–BK117–40–113, dated 

December 22, 2008. 

(5) For Model MBB–BK117 C–2 

helicopters, modify and identify the cyclic 

stick cantilever by following the 

Accomplishment Instructions, paragraphs 

3.B. through 3.C., of Eurocopter ASB MBB 

BK117 C–2–67A–008, dated April 14, 2008. 

(e) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Jim Grigg, 

Manager, Safety Management Group, 

Rotorcraft Directorate, FAA, 2601 Meacham 

Blvd., Fort Worth, Texas 76137; telephone 

(817) 222–5110; email jim.grigg@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. 

(f) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2010–0049, dated March 19, 2010, which 

superseded EASA AD No. 2009–0079, dated 

April 1, 2009; and EASA AD No. 2008–0113, 

dated June 10, 2008. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6710 Main Rotor Control. 

Issued in Fort Worth, Texas, on January 2, 

2013. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–00311 Filed 1–9–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2012–1073] 

RIN 1625–AA08 

Special Local Regulation; 2013 

Lauderdale Air Show, Atlantic Ocean; 

Fort Lauderdale, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish special local regulations on 


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