[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Rules and Regulations]
[Pages 78710-78713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30466]


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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; 
Amendment 39-17630; AD 2013-21-06]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting 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 AD requires inspecting the 
boom for a crack and, if a crack exists, replacing the boom with an 
airworthy boom. Until the boom is inspected, this AD requires, before 
further flight, and thereafter before the first flight of each day, 
checking the hoist for a crack. This AD was prompted by cracks found on 
the boom during a pre-flight check of a hoist on an MBB-BK 117 C-2 
helicopter. The actions of this AD 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: This AD is effective January 31, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of January 31, 
2014.

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, and contact UTC Aerospace 
Systems (formerly 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.

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 foreign authority's ADs, 
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 Wilbanks, Aviation Safety 
Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    On April 15, 2013, at 78 FR 22209, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 by adding an AD that would apply to Eurocopter Model EC135 
P1, EC135 P2, EC135 P2+, EC135 T1, EC135 T2 and EC135 T2+ helicopters 
with a Goodrich Corporation (Goodrich) hoist with a 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. The NPRM proposed to require dye penetrant inspecting the 
boom for a crack and, if a crack exists, replacing the boom with an 
airworthy boom. Until the inspection is completed, the NPRM proposed to 
require, before the first flight of each day, a visual check of the 
hoist for a crack. The NPRM proposed to allow an owner/operator (pilot) 
holding at least a private pilot certificate to conduct that check. The 
performance of the check would be required to be entered into the 
aircraft's maintenance records showing compliance with this AD in 
accordance with applicable regulations. This authorization marks an 
exception to our standard maintenance regulations. The proposed 
requirements were intended to detect a crack and prevent failure of the 
boom, loss of the boom and attached loads, and subsequent loss of 
helicopter control.
    The NPRM was prompted by AD No. 2010-0154, dated August 13, 2010, 
issued by the European Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union. EASA 
issued AD No. 2010-0154 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, 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, the 
manufacturer of the affected booms, had developed an inspection that 
would 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. EASA AD states that if no damage is 
found during this new inspection, that constitutes terminating action.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we received no comments on the NPRM (78 FR 22209, April 
15, 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 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 and that air

[[Page 78711]]

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

Differences Between This AD and the EASA AD

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

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.

Costs of Compliance

    We estimate that this AD affects 350 helicopters of U.S. Registry 
and a labor rate of $85 per work-hour. Based on these estimates, we 
expect the following costs:
     We estimate that the cost of the daily visual check is 
minimal.
     We estimate that removing the hoist and boom assembly, 
performing the dye penetrant inspection, and reinstalling the equipment 
requires 1.5 work hours. No parts are 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, requires 
about a 0.33 work-hour for a labor cost of about $28. Parts 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 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):

2013-21-06 Eurocopter Deutschland GmbH Helicopters: Amendment 39-
17630; 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) Effective Date

    This AD becomes effective January 31, 2014.

(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.
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    (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 1 to paragraph (e)(2) of this AD: A copy of the SB is 
attached to Eurocopter Emergency Alert Service Bulletin (EASB) 
EC135-85A-036, Revision 2, and Eurocopter EASB MBB BK117 C-2-85A-
024, Revision 1, both 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 Permits

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

[[Page 78713]]

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Matt Wilbanks, Aviation Safety 
Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, 
FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 
222-5110; email [email protected].
    (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

    (1) Eurocopter EASB EC135-85A-036, Revision 2, and Eurocopter 
EASB MBB BK117 C-2-85A-024, Revision 1, both dated June 23, 2010, 
which are not incorporated by reference, contain additional 
information about the subject of this AD. For Eurocopter 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 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. You may 
view the EASA ADs on the Internet at http://www.regulations.gov in 
Docket No. FAA-2013-0340.

(i) Subject

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

(j) 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 service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Goodrich Service Bulletin 44307-500-03, Revision 2, dated 
April 30, 2010.
    (ii) Reserved.
    (3) For Goodrich 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, and contact 
the UTC Aerospace Systems (formerly the Goodrich Corporation), 2727 
East Imperial Highway, Brea, CA 92821; telephone (714) 984-1461; fax 
714-984-1675, or at www.goodrich.com.
    (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 September 27, 2013.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2013-30466 Filed 12-26-13; 8:45 am]
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