AD 2013-06-51

This AD becomes effective July 15, 2013 to all persons except those persons to whom it was made immediately effective by Emergency AD (EAD) No. 2013-06-51, issued on March 25, 2013, which contained the requirements of this AD.

The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of July 15, 2013.

We must receive comments on this AD by August 27, 2013.

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.

Matt Wilbanks, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email matt.wilbanks@faa.gov.

This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, 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 resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, 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 them 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 rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.

We are issuing this AD to publish EAD No. 2013-06-51, issued on March 25, 2013, which was for helicopter models with certain part-numbered and serial-numbered Goodrich externally-mounted hoists. EAD No. 2013-06-51 was prompted by an incident that occurred during a maintenance check of a rescue hoist that lost the ability to hold the load at maximum rated capacity, causing the test load to strike the ground. A Eurocopter Deutschland GmbH (ECD) Model MBB-BK 117 C-2 helicopter picked up a dummy load of 552 lbs. to conduct a “maximum load cycle” on the rescue hoist. Initially, the cable reeled out and stopped as commanded by the winch operator; however, the cable continued to reel-out without further command by the winch operator, causing the dummy load to strike the ground. Examination of the affected hoist determined that the overload clutch had failed. EAD No. 2013-06-51 requires performing a cable conditioning lift, performing a load inspection test, and recording the results on the hoist component history card or equivalent record. The actions of EAD No. 2013-06-51 were intended to detect conditions that may result in failure of the hoist and injury to persons being lifted.

EAD No. 2013-06-51 was prompted by AD No. 2013-0065-E, issued March 14, 2013 (2013-0065-E), and superseded with AD No. 2013-0077-E, issued March 22, 2013, by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union. EASA issued AD 2013-0065-E to correct an unsafe condition for helicopters with certain part-numbered and serial-numbered Goodrich hoists installed. EASA advised of the report that an ECD Model MBB-BK 117 C-2 helicopter experienced an incident of its rescue hoist containing a dummy load of 552 lbs. that reeled-out without command of the operator and impacted the ground during a maintenance check flight. Examination of the affected hoist determined that the overload clutch had failed. The overload clutch design is common to many Goodrich externally-mounted rescue hoists installed on the applicable model helicopters. EASA further stated its AD action is considered an interim action and further AD action may follow.

Since we issued EAD No. 2013-06-51, EASA revised its AD with EASA AD No. 2013-0077R1, dated March 27, 2013 (2013-0077R1). In issuing AD No. 2013-0077R1, EASA changed the initial compliance time, reduced the applicability of certain model helicopters for which no EASA approvals of the hoist installation are known, and partially adopted FAA EAD No. 2013-06-51 for those helicopter models for which the FAA is the State of Design Authority. EASA continues to consider AD No. 2013-0077R1 an interim action and further AD action may follow. You may view EASA AD 2013-0077R1 at http://www.regulations.gov by searching for and locating it in Docket No. FAA-2013-0521.

In publishing this AD, we are retaining the applicability and required actions of EAD No. 2013-06-51. As we have determined that the MD Helicopters, Inc., Model MD900 helicopter is another model helicopter on which an affected hoist may be installed, we are adding that model helicopter to the applicability. This addition does not increase the economic burden on any operator nor does it increase the scope of the AD.

These helicopters have been approved by the aviation authorities of Canada, Italy, France, and Germany and are approved for operation in the United States. Pursuant to our bilateral agreement with the European countries, EASA, their technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all known relevant information and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs.

Goodrich issued Alert Service Bulletin No. 44301-10-15, dated March 8, 2013 (ASB), for certain externally-mounted rescue hoists manufactured by Goodrich Sensors & Integrated Systems. The ASB specifies inspecting and performing an operational check of the hoist. The ASB also specifies recording the performance in the hoist log and reporting the results of the test to UTC Aerospace Systems.

This AD requires compliance with specified portions of the ASB to do the following before the next flight involving a hoist operation:

• Performing a cable conditioning lift;

• Performing a load inspection test;

• Deactivating or replacing any hoist that fails the load inspection test; and

• Recording the results of the load inspection test on the hoist component history card or equivalent record.

The EASA AD applies to specific model helicopters. This AD applies to all helicopters with certain Goodrich hoists installed that are type certificated in the U.S. This AD does not contain a requirement to report results to the manufacturer. The EASA AD requires complying with specific helicopter manufacturer ASBs, and this AD requires complying with the Goodrich ASB for conducting the load inspection test.

We consider this AD to be an interim action. Investigation of the root cause of the clutch failure is ongoing. If final action is later identified, we might consider further rulemaking.

We estimate that this AD will affect 1,378 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. It will take about 1 work-hour to perform the lift testing at an average labor rate of $85 per work-hour, for a cost per helicopter of $85 and a total cost to U.S. operators of $117,130. If necessary, replacing the hoist will take about 0.5 work-hour and required parts will cost about $95,000, for a cost per helicopter of about $95,043.

The short compliance time involved is required because risk analysis of the previously described unsafe condition indicates that failure of the hoist could result in serious injury or death if the hoist is being used for human cargo. Subsequently, the required actions must be performed before the next flight involving a hoist operation.

Since it was found that immediate corrective action was required, notice and opportunity for prior public comment before issuing this AD were impracticable and contrary to the public interest and good cause existed for making Emergency AD No. 2013-06-51 effective immediately on March 25, 2013, to all known U.S. owners and operators of the specified model helicopters. These conditions still exist and the AD is hereby published, with a minor change, in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons.

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.

We determined that 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, 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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

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