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[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Proposed Rules]
[Pages 22209-22212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08760]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0340; Directorate Identifier 2010-SW-081-AD]
RIN 2120-AA64

Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Eurocopter Deutschland GmbH (Eurocopter) Model EC135 P1, EC135 P2, 
EC135 P2+, EC135 T1, EC135 T2, EC135 T2+, and MBB-BK 117 C-2 
helicopters with a certain external mounted hoist system (hoist) with 
boom support assembly (boom) installed. This proposed AD would require 
inspecting the boom for a crack and, if a crack exists, replacing the 
boom with an airworthy boom. This proposed AD is prompted by cracks 
found on the boom during a pre-flight check of a hoist on an MBB-BK 117 
C-2 helicopter. The proposed actions are intended to detect a crack and 
prevent failure of the boom, loss of the boom and attached loads, and 
subsequent loss of helicopter control.

DATES: We must receive comments on this proposed AD by June 14, 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

[[Page 22210]]

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 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, and contact the Goodrich 
Corporation, 2727 East Imperial Highway, Brea, CA 92821; telephone 
(714) 984-1461; fax 714-984-1675, or at www.goodrich.com. 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 Wilbanks, Aviation Safety 
Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; 
email matt.wilbanks@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. 2010-0154, dated August 13, 2010, to correct an unsafe condition 
for Eurocopter Model MBB-BK 117 C-2, EC135, and EC635 series 
helicopters. EASA AD No. 2010-0154 supersedes EASA AD No. 2009-0093-E, 
dated April 17, 2009. EASA advises that cracks were detected on the 
boom, part number (P/N) 44307-500, during a pre-flight check of the 
hoist on a Model MBB-BK 117 C-2 helicopter. EASA advises that this 
condition, if not detected and corrected, would impair the structural 
strength of the boom and could lead to failure of the boom. EASA 
advises that this could result in the loss of the boom and attached 
loads. According to EASA, boom P/Ns 44301-500 and 44307-500-1 are of 
similar design to P/N 44307-500, and therefore are also subject to this 
unsafe condition. As a result, EASA issued Emergency AD No. 2009-0093-E 
to require repetitive visual checks of the affected boom and removal or 
replacement of the boom when cracks are found.
    EASA advises that since AD No. 2009-0093-E was issued, further 
technical investigation determined that torque values that were too 
high have been applied. EASA advises that Goodrich Corporation, 
manufacturer of the affected booms, has developed an inspection that 
will determine the need for further action. As a result, EASA 
superseded its AD to include a new inspection to detect damage, by 
issuing EASA AD No. 2010-0154. The EASA AD states that if no damage is 
found during this new inspection, that constitutes terminating action.

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 Emergency Alert Service Bulletin (EASB) No. 
EC135-85A-036, Revision 2, dated June 23, 2010, and EASB No. MBB BK117 
C-2-85A-024, Revision 1, dated June 23, 2010, which specify a visual 
check of the boom for cracks, and removing or replacing the boom before 
the next flight if there is a crack. The EASBs also require compliance 
with the visual and dye penetrant inspection procedures specified in 
Goodrich Corporation Service Bulletin 44307-500-03, Revision 2, dated 
April 30, 2010. EASA classified these EASBs as mandatory, and issued 
EASA AD No. 2010-0154, dated August 13, 2010, to ensure the continued 
airworthiness of these helicopters.

Proposed AD Requirements

    This proposed AD would require:
     Before further flight, and thereafter before the first 
flight of each day until the dye penetrant inspection is performed, 
visually checking the boom for a crack. A pilot holding at least a 
private pilot certificate may perform this check and must record his or 
her compliance in the aircraft's maintenance records in accordance with 
applicable regulations. A pilot may perform this check because it 
involves only looking at the boom and can be performed equally well by 
a pilot or a mechanic. This check is an exception to our standard 
maintenance regulations.
     Within 30 days, performing a dye penetrant inspection of 
the boom for a crack.
     If a crack exists in a boom, replacing the cracked boom 
with an airworthy boom.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires you to notify and return parts to the 
manufacturer, and this proposed AD does not. The EASA AD also applies 
to the Eurocopter EC635 series military helicopters, while this 
proposed AD would not because those models are not type certificated in 
the United States.

Costs of Compliance

    We estimate that this proposed AD would affect 350 helicopters of 
U.S. Registry and a labor rate of $85 per work-hour. Based on these 
estimates, we expect the following costs:

[[Page 22211]]

     We estimate that the cost of the daily visual check would 
be minimal.
     We estimate that removing the hoist and boom assembly, 
performing the dye penetrant inspection, and reinstalling the equipment 
would require 1.5 work hours. No parts would be needed, for a total 
cost of about $128 per helicopter and $44,800 for the U.S. fleet.
     Replacing the hoist and boom assembly, if needed, would 
require about a 0.33 work-hour for a labor cost of about $28. Parts 
would cost $10,833 for a total cost of $10,861 per helicopter.

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

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):

Eurocopter Deutschland GmbH Helicopters: Docket No. FAA-2013-0340; 
Directorate Identifier 2010-SW-081-AD.

(a) Applicability

    This AD applies to Eurocopter Deutschland GmbH (Eurocopter) 
Model EC135 P1, EC135 P2, EC135 P2+, EC135 T1, EC135 T2 and EC135 
T2+ helicopters with a Goodrich Corporation (Goodrich) external 
mounted hoist system (hoist) with boom support assembly (boom) Part 
Number (P/N) 44301-500, 44307-500, or 44307-500-1 installed, and 
Model MBB-BK 117 C-2 helicopters with a Goodrich hoist with boom P/N 
44307-500 installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the boom. 
This condition could result in loss of the boom and attached loads, 
and subsequent loss of helicopter control.

(c) Reserved

(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

    (1) Before further flight, and thereafter before the first 
flight of each day until you have performed the inspection required 
by paragraph (e)(2) of this AD, clean the hoist and visually check 
for a crack, paying particular attention to the areas that are 
circled as depicted in Figure 1 to paragraph (e) of this AD. The 
actions required by this paragraph may be performed by the owner/
operator (pilot) holding at least a private pilot certificate, and 
must be entered into the aircraft records showing compliance with 
this AD in accordance with 14 CFR 43.9 (a)(1)-(4) and 14 CFR 91.417 
(a)(2)(v). The record must be maintained as required by 14 CFR 
91.417, 121.380, or 135.439.

[[Page 22212]]

[GRAPHIC] [TIFF OMITTED] TP15AP13.000

    (2) Within 30 days, perform a dye penetrant inspection of the 
boom in accordance with the Accomplishment Instructions, Section 
2.D, of the Goodrich Service Bulletin 44307-500-03, Revision 2, 
dated April 30, 2010 (SB).
    Note to paragraph (e)(2): A copy of the SB is included with 
Eurocopter Emergency Alert Service Bulletin (EASB) No. EC135-85A-
036, Revision 2, dated June 23, 2010, and EASB No. MBB BK117 C-2-
85A-024, Revision 1, dated June 23, 2010.
    (3) If a crack exists in the boom, replace the cracked boom with 
an airworthy boom before further flight.

 (f) Special Flight Permit

    Special flight permits would be allowed provided the hoist is 
disabled during the ferry flight.

(g) Alternative Methods of Compliance (AMOCs)

    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 (EASA) AD No. 2010-0154, dated August 13, 2010, which 
supersedes EASA AD No. 2009-0093-E, dated April 17, 2009.

 (i) Subject

    Joint Aircraft Service Component (JASC) Code: 5345, Fuselage, 
Equipment Attach Fittings.

    Issued in Fort Worth, Texas, on April 8, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08760 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-13-P
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