```

[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Rules and Regulations]
[Pages 37446-37448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13473]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1305; Directorate Identifier 2010-SW-041-AD; 
Amendment 39-17475; AD 2013-11-15]
RIN 2120-AA64

Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting 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 AD requires modifying and identifying the cyclic stick cantilever 
or lock. This AD was prompted by pilots inadvertently taking off with 
the cyclic locked. The actions of this AD 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: This AD is effective July 26, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of July 26, 2013.

ADDRESSES: 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.

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, any incorporated-by-reference 
service information, the economic evaluation, any comments received, 
and other information. The street address for the Docket Operations 
Office (phone: 800-647-5527) is U.S. Department of Transportation, 
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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: 

Discussion

    On January 10, 2013, at 78 FR 2223, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 to include an AD that would apply to 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. The NPRM proposed to require modifying and 
identifying the cyclic stick cantilever or lock. The proposed 
requirements were intended to prevent a pilot taking off with the 
cyclic in the locked position, which could result in loss of control of 
the helicopter.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, issued EASA AD No. 
2008-0113, dated June 10, 2008, to correct an unsafe condition 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

[[Page 37447]]

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).

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we did not receive any comments on the NPRM (78 FR 2223, 
January 10, 2013).

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 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 and that air safety and the public interest require adopting 
the AD requirements as proposed.

Differences Between This AD and the EASA AD

    This 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; this AD does not because the RFM 
revisions have been incorporated by the type certificate holder.

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 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.

Costs of Compliance

    We estimate that this AD will 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 will 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.
    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 helicopters identified in this 
rulemaking action.

Regulatory Findings

    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 above, 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):

2013-11-15 Eurocopter Deutschland GmbH: Amendment 39-17475; 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) Effective Date

    This AD becomes effective July 26, 2013.

[[Page 37448]]

(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 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.

(f) 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.

 (g) 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. You may view the EASA AD at 
http://www.regulations.gov by searching for and locating it in 
Docket No. FAA-2012-1305.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6710 Main Rotor 
Control.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this Eurocopter service information as 
applicable to do the actions required by this AD, unless the AD 
specifies otherwise.
    (i) ASB BO105-40-106, dated December 19, 2008.
    (ii) ASB-BO 105 LS 40-10, dated May 8, 2009.
    (iii) ASB EC135-67A-015, dated April 14, 2008.
    (iv) ASB-MBB-BK117-40-113, dated December 22, 2008.
    (v) ASB MBB BK117 C-2-67A-008, dated April 14, 2008.
    (3) For Eurocopter Deutschland GmBh helicopters 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.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137. For information on the availability of this 
material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on May 29, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-13473 Filed 6-20-13; 8:45 am]
BILLING CODE 4910-13-P
```