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
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:
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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