AD 2013-11-15

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.

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.

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.

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 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).

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).

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.

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.

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.

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.

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.

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.

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):