Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Proposed Rules 44039 

list and submit written comments as 

appropriate. 

• The person may attend working 

group meetings, which are open to the 

public; caucus with his or her interest’s 

member on the working group; or even 

address the working group during the 

public comment portion of the working 

group meeting. 

• The person could assist the efforts 

of a workgroup that the working group 

might establish. 

A working group may establish 

informal workgroups, which usually are 

asked to facilitate committee 

deliberations by assisting with various 

technical matters (e.g., researching or 

preparing summaries of the technical 

literature or comments on specific 

matters such as economic issues). 

Workgroups also might assist in 

estimating costs or drafting regulatory 

text on issues associated with the 

analysis of the costs and benefits 

addressed, or formulating drafts of the 

various provisions and their 

justifications as previously developed 

by the working group. Given their 

support function, workgroups usually 

consist of participants who have 

expertise or particular interest in the 

technical matter(s) being studied. 

Because it recognizes the importance of 

this support work for the working 

group, DOE will provide appropriate 

technical expertise for such workgroups. 

D. Good Faith Negotiation 

Every working group member must be 

willing to negotiate in good faith and 

have the authority, granted by his or her 

constituency, to do so. The first step is 

to ensure that each member has good 

communications with his or her 

constituencies. An intra-interest 

network of communication should be 

established to bring information from 

the support organization to the member 

at the table, and to take information 

from the table back to the support 

organization. Second, each organization 

or coalition therefore should designate 

as its representative a person having the 

credibility and authority to ensure that 

needed information is provided and 

decisions are made in a timely fashion. 

Negotiated rulemaking can require the 

appointed members to give a significant 

sustained for as long as the duration of 

the negotiated rulemaking. Although the 

ASRAC advisory committee charter will 

be in effect for 2 years from the date it 

is filed with Congress, DOE expects the 

working group’s deliberations to 

conclude or be terminated earlier than 

that. Other qualities of members that 

can be helpful are negotiating 

experience and skills, and sufficient 

technical knowledge to participate in 

substantive negotiations. 

Certain concepts are central to 

negotiating in good faith. One is the 

willingness to bring all issues to the 

bargaining table in an attempt to reach 

a consensus, as opposed to keeping key 

issues in reserve. The second is a 

willingness to keep the issues at the 

table and not take them to other forums. 

Finally, good faith includes a 

willingness to move away from some of 

the positions often taken in a more 

traditional rulemaking process, and 

instead explore openly with other 

parties all ideas that may emerge from 

the working group’s discussions. 

E. Facilitator 

The facilitator will act as a neutral in 

the substantive development of the 

proposed standard. Rather, the 

facilitator’s role generally includes: 

• Impartially assisting the members of 

the working group in conducting 

discussions and negotiations; and 

• Impartially assisting in performing 

the duties of the Designated Federal 

Official under FACA. 

F. Department Representative 

The DOE representative will be a full 

and active participant in the consensus 

building negotiations. The Department’s 

representative will meet regularly with 

senior Department officials, briefing 

them on the negotiations and receiving 

their suggestions and advice so that he 

or she can effectively represent the 

Department’s views regarding the issues 

before the working group. DOE’s 

representative also will ensure that the 

entire spectrum of governmental 

interests affected by the standards 

rulemaking, including the Office of 

Management and Budget, the Attorney 

General, and other Departmental offices, 

are kept informed of the negotiations 

and encouraged to make their concerns 

known in a timely fashion. 

G. Working Group and Schedule 

After evaluating the comments 

submitted in response to this notice of 

intent and the requests for nominations, 

DOE will either inform the members of 

the working group that they have been 

selected or determine that conducting a 

negotiated rulemaking is inappropriate. 

DOE will advise working group 

members of administrative matters 

related to the functions of the working 

group before beginning. DOE will 

establish a meeting schedule based on 

the settlement agreement and produce 

the necessary documents so as to adhere 

to that schedule. While the negotiated 

rulemaking process is underway, DOE is 

committed to performing much of the 

same analysis as it would during a 

normal standards rulemaking process 

and to providing information and 

technical support to the working group. 

IV. Comments Requested 

DOE requests comments on whether it 

should use negotiated rulemaking for its 

rulemaking pertaining to the energy 

efficiency of commercial/industrial 

pumps and the extent to which the 

issues, parties, and procedures 

described above are adequate and 

appropriate. DOE also requests 

comments on which parties should be 

included in a negotiated rulemaking to 

develop draft language pertaining to the 

energy efficiency of commercial/ 

industrial pumps and suggestions of 

additional interests and/or stakeholders 

that should be represented on the 

working group. All who wish to 

participate as members of the working 

group should submit a request for 

nomination to DOE. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s notice of 

proposed rulemaking. 

Issued in Washington, DC, on July 16, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy. 

[FR Doc. 2013–17505 Filed 7–22–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0642; Directorate 

Identifier 2011–SW–035–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 MBB–BK 117 C–2 

helicopters with a jettisonable sliding 

door (door) installed. This proposed AD 

would require inspecting the lock 

release assembly and the middle and 

upper lever locking bolts of each door, 

replacing any damaged parts with 

airworthy parts, and ensuring the door 


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44040 Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Proposed Rules 

is correctly installed. This proposed AD 

is prompted by the uncommanded 

detaching of a door from an MBB–BK 

117 C–2 fuselage. The proposed actions 

are intended to prevent the in-flight loss 

of the door, which could damage the 

helicopter and injure persons on the 

ground. 

DATES: We must receive comments on 

this proposed AD by September 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 proposed AD, the 

foreign authority’s 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: Matt 

Fuller, Senior Aviation Safety Engineer, 

Safety Management Group, Rotorcraft 

Directorate, FAA, 2601 Meacham Blvd., 

Fort Worth, Texas 76137; telephone 

(817) 222–5110; email 

matthew.fuller@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 EASA AD No. 2011– 

0107, dated June 7, 2011, to correct an 

unsafe condition for Eurocopter Model 

MBB–BK 117 C–2 helicopters with 

jettisonable sliding doors installed. 

EASA states that in early 2010 it 

received a report that the door guides of 

the jettison mechanism on an MBB–BK 

117 C–2 helicopter released 

uncommanded while opening the door, 

resulting in the door detaching from the 

fuselage. Although EASA initially did 

not consider this to be an unsafe 

condition, EASA has since determined 

that ‘‘this condition, if not detected and 

corrected, could result in cases of inflight loss of the jettisonable door, 

possibly resulting in damage to, or loss 

of control of, the helicopter, or injury to 

persons on the ground.’’ As a result, 

EASA requires repetitive inspections for 

the correct installation of the doors, 

door guides, and release cables. 

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 

We reviewed Eurocopter Alert Service 

Bulletin MBB–BK117 C–2–52A–015, 

Revision 0, dated April 26, 2011 (ASB), 

for Model MBB–BK 117 C–2 helicopters 

with jettisonable sliding doors installed. 

The ASB calls for inspecting the lock 

release assembly for damage and correct 

installation and inspecting the middle 

lever and upper lever locking bolts for 

correct installation. The ASBs require 

the inspections to be conducted within 

50 hours time-in-service (TIS) or two 

months, whichever occurs first, and 

thereafter after every door guide 

installation. 

Proposed AD Requirements 

This proposed AD would require 

within 50 hours TIS: 

• Visually inspecting each door lock 

release assembly for any frayed cables, 

stripped threads on a screw joint, and 

any pitting on a door guide, release 

cable or associated hardware, as well as 

inspecting for correct installation. 

• Replacing with airworthy parts any 

frayed cables, screw joints with stripped 

threads, or door guides, release cables 

and associated hardware that have 

pitting. 

• Allowing for a minimum of one 

millimeter clearance at each end of the 

release cables. 

• Installing the aft cover and aft inner 

handle. 

• Inspecting each middle lever and 

upper lever locking bolt for correct 

installation. 

• If the door cannot be correctly 

rigged, inspecting all hardware, guides, 

and door attachment points for 

misalignment or bent fittings. Replacing 

misaligned or bent parts with airworthy 

parts before operating the door in-flight 

and re-inspecting. 

Differences Between This Proposed AD 

and the EASA AD 

This proposed AD would require that 

the inspections be conducted within 50 

hours TIS. The EASA AD requires that 

the inspections be conducted within 50 

hours TIS or 60 days, whichever occurs 

first after the effective date of the EASA 

AD. 

The EASA AD requires that you 

contact Eurocopter to determine 

corrective action, and this proposed AD 

would not. 

The EASA AD requires a repetitive 

inspection, each time when the 

installation of the door guides for the 

jettisonable sliding doors is 

accomplished. This AD would not 


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Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Proposed Rules 44041 

require this repetitive inspection 

because that is considered normal 

maintenance. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 108 helicopters of U.S. 

Registry and that labor costs average $85 

a work-hour. 

• Visually inspecting the door’s lock 

release assembly and the middle and 

upper levers would require 4 workhours for a labor cost of $340 per 

helicopter. No parts would be needed, 

so that the total cost for the U.S. fleet 

would be $36,720. 

• Visually inspecting all hardware, 

guides and door attachment points for 

misaligned or bent fittings would 

require 4 work-hours for a labor cost of 

$340 per helicopter. Parts may be 

needed but on an individual basis, so 

that the total cost for the U.S. fleet 

would be at least $36,720. 

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 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 Helicopters 

(Eurocopter): Docket No. FAA–2013– 

0642; Directorate Identifier 2011–SW– 

035–AD. 

(a) Applicability 

This AD applies to Model MBB–BK 117 C– 

2 helicopters with a jettisonable main cabin 

sliding door (door) installed, certificated in 

any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

the door detaching uncommanded from the 

fuselage. This condition could result in the 

in-flight loss of the door, which could 

damage the helicopter or cause injury or 

damage on the ground. 

(c) Comments Due Date 

We must receive comments by September 

23, 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 Actions 

Within 50 hours time-in-service: 

(1) Visually inspect each door lock release 

assembly for a frayed cable, a stripped thread 

on a screw joint, pitting on a door guide, 

release cable, or associated hardware, and for 

correct installation by following the 

Accomplishment Instructions, paragraph 

3.B.1. (a) through (c), except (c)(1) and (c)(2), 

of Eurocopter Alert Service Bulletin MBB– 

BK117 C–2–52A–015, Revision 0, dated April 

26, 2011 (ASB). 

(i) Replace with an airworthy part any 

frayed cables, screw joints with stripped 

threads, or any door guides, release cables, 

and associated hardware with pitting. Allow 

for a minimum of one millimeter clearance 

at each end of the release cables. 

(ii) Install the aft cover and aft inner 

handle. 

(2) Inspect each middle lever and upper 

lever locking bolt for correct installation by 

following the Accomplishment Instructions, 

paragraphs 3.B.2 and 3.B.3, of the ASB, 

except that we do not require you to contact 

Eurocopter. 

(3) If the door cannot be correctly rigged 

after performing the actions required by 

paragraph (e)(2), inspect all hardware, 

guides, and door attachment points for 

misalignment or bent fittings. Replace 

misaligned or bent parts with airworthy parts 

before you operate the door in-flight and reinspect according to the requirements in 

paragraph (e)(2). 

(f) Special Flight Permit 

A one-time flight to a maintenance facility 

is permitted provided that the door is not 

opened in flight. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Matt Fuller, 

Senior Aviation Safety Engineer, Safety 

Management Group, Rotorcraft Directorate, 

FAA, 2601 Meacham Blvd., Fort Worth, 

Texas 76137; telephone (817) 222–5110; 

email matthew.fuller@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. 

(h) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency AD No. 

2011–0107, dated June 7, 2011. The subject 

of this AD is addressed in European Aviation 

Safety Agency (EASA) AD No. 2013–0081, 

dated March 26, 2013. You may view the 

EASA AD in the AD docket on the Internet 

at http://www.regulations.gov. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 5200, Doors. 

Issued in Fort Worth, Texas, on July 15, 

2013. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–17619 Filed 7–22–13; 8:45 am] 

BILLING CODE 4910–13–P 


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