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[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Rules and Regulations]
[Pages 31394-31396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12307]

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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.

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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.

[[Page 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

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):

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

[[Page 31396]]

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
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