[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Proposed Rules]
[Pages 2223-2225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00311]


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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).

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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:
    <bullet> Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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

[[Page 2224]]

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 <a href="/cdn-cgi/l/email-protection#c2a8abafeca5b0aba5a582a4a3a3eca5adb4"><span class="__cf_email__" data-cfemail="98f2f1f5b6ffeaf1ffffd8fef9f9b6fff7ee">[email protected]</span></a>.

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:
    <bullet> ASB BO105-40-106, dated December 19, 2008, for all Model 
BO105 helicopters, except Model BO105 CB-3.
    <bullet> ASB-BO 105 LS 40-10, dated May 8, 2009, for all Model BO 
105 LS A-3 helicopters.
    <bullet> ASB EC135-67A-015, dated April 14, 2008, for certain 
serial-numbered Model EC135 and EC635 helicopters.
    <bullet> 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.
    <bullet> ASB MBB BK117 C-2-67A-008, dated April 14, 2008, for 
certain serial-numbered 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:
    <bullet> ASB BO105-40-106, dated December 19, 2008, for Model BO-
105A, BO-10C, BO-105S, and BO-105LS A-1 helicopters.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.

[[Page 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

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: 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 
<a href="/cdn-cgi/l/email-protection#600a090d4e0712090707200601014e070f16"><span class="__cf_email__" data-cfemail="751f1c185b12071c1212351314145b121a03">[email protected]</span></a>.
    (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


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