Airworthiness Directives; Airbus Helicopters Deutschland GmbH (Previously Eurocopter Deutschland GmbH) (Airbus Helicopters) Helicopters, 48707-48709 [2014-19524]
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Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0577; Directorate
Identifier 2013–SW–042–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters Deutschland GmbH
(Previously Eurocopter Deutschland
GmbH) (Airbus Helicopters)
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for Airbus
Helicopters Model EC135P1, EC135T1,
EC135P2, EC135T2, EC135P2+,
EC135T2+, and MBB–BK 117 C–2
helicopters. This proposed AD would
require inspecting certain washers for
movement and making appropriate
repairs if the washers move. This
proposed AD is prompted by play found
between the Smart Electro Mechanical
Actuator (SEMA) and the control rod
during installation work on a helicopter.
The proposed actions are intended to
prevent loss of concerned control axis
and subsequent loss of control of the
helicopter.
SUMMARY:
We must receive comments on
this proposed AD by October 17, 2014.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Docket: Go to
https://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.
DATES:
tkelley on DSK3SPTVN1PROD with PROPOSALS
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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
European Aviation Safety Agency
(EASA) AD, the economic evaluation,
any comments received, and other
VerDate Mar<15>2010
16:52 Aug 15, 2014
Jkt 232001
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 Airbus
Helicopters, Inc., 2701 N. Forum Drive,
Grand Prairie, TX 75052; telephone
(972) 641–0000 or (800) 232–0323; fax
(972) 641–3775; or at https://
www.airbushelicopters.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.
FOR FURTHER INFORMATION CONTACT: 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.
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
EASA, which is the Technical Agent
for the Member States of the European
Union, issued EASA AD No. 2013–0176,
dated August 7, 2013, to correct an
unsafe condition for Eurocopter
Deutschland GmbH Model EC 135 P1
(CDS), EC 135 P1 (CPDS), EC 135 P2+,
EC 135 P2 (CPDS), EC 135 T1 (CDS), EC
PO 00000
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Fmt 4702
Sfmt 4702
48707
135 T1 (CPDS), EC 135 T2+, EC 135 T2
(CPDS), EC 635 P2+, EC 635 T1 (CPDS),
EC 635 T2+, and MBB–BK 117 C–2
helicopters. EASA advises that during
installation work on a helicopter, it was
discovered that it was not possible to
install attachment hardware on a
threaded blind borehole between the
SEMA and the control rod without play.
According to EASA, the loose
attachment hardware was caused by an
‘‘unfavourable adding of the tolerances’’
of the individual attachment hardware
elements. EASA states that as a result,
the screw pushed against the bottom of
the threaded blind borehole on the
SEMA, and no clamping force could be
achieved on the screw head. EASA
advises that this condition, if not
detected and corrected, could lead to
loss of the concerned control axis,
possibly resulting in loss of helicopter
control. For these reasons, EASA AD
No. 2013–0176 requires a one-time
inspection of the affected SEMA
attachment hardware to detect improper
connection and play and, depending on
the findings, replacement of the affected
hardware.
Since the issuance of EASA AD No.
2013–0176, Eurocopter Deutschland
GmbH has changed its name to Airbus
Helicopters Deutschland GmbH.
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 reported in Alert Service
Bulletins (ASBs) EC135–22A–015,
Revision 1, dated January 28, 2013, and
MBB BK117 C–2–22A–009, Revision 1,
dated August 3, 2009, that it was
discovered during the installation work
on a helicopter that it was not possible
to establish attachment hardware on a
threaded blind borehole between the
SEMA and the control rod without play.
The ASBs state that ‘‘unfavourable
adding of the tolerances’’ of the
individual attachment hardware
elements caused the screw to push
against the bottom of the threaded blind
borehole on the SEMA, preventing any
clamping force on the screw head. The
ASBs call for inspecting the SEMA
attachment hardware connected to their
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Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Proposed Rules
respective control rods for play and
making the proper adjustments to
eliminate any play.
Proposed AD Requirements
This proposed AD would require,
within 50 hours time-in-service,
inspecting whether the washers can be
moved in the attachment hardware that
connects the SEMA and the control rod
of the longitudinal, lateral, and yaw
actuators. For Model MBB BK117 C–2
helicopters, this inspection is only for
the hardware connecting the YawSEMA and the Yaw-SEMA control rod.
If none of the washers can be moved,
then no further action is needed. If a
washer can be moved, then this
proposed AD would require replacing
the four screws, installing two
additional washers, and torquetightening the screws to 5–6 Nm.
Differences Between This Proposed AD
and the EASA AD
The EASA AD applies to Eurocopter
Model EC635P2+, EC635T1 and
EC635T2+ helicopters. The proposed
AD does not apply to these model
helicopters because they have no FAA
type certificate.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Costs of Compliance
We estimate that this proposed AD
would affect 385 helicopters of U.S.
Registry and that labor costs average $85
per work-hour. Based on these
estimates, we expect the following costs:
• Inspecting for movement of the
washers would require 1.5 work hours
for a labor cost of $128 per helicopter
and $49,280 for the U.S. fleet.
• Replacing the screws and related
work would require an additional 0.5
work-hours for a labor cost of $43.
Screws would cost $4 each while
washers would cost $10 each. We
estimate the cost would be $79 per
repair.
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 proposed
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16:52 Aug 15, 2014
Jkt 232001
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Airbus Helicopters Deutschland GmbH
(Previously Eurocopter Deutschland
GmbH) (Airbus Helicopters) Helicopters:
Docket No. FAA–2014–0577; Directorate
Identifier 2013–SW–042–AD.
(a) Applicability
This AD applies to Airbus Helicopters
Model EC135P1, EC135T1, EC135P2,
EC135T2, EC135P2+, EC135T2+, and MBB–
BK 117 C–2 helicopters, certificated in any
category.
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
(b) Unsafe Condition
This AD defines the unsafe condition as
loose attachment hardware between the
Smart Electro Mechanical Actuator (SEMA)
and a control rod. This condition could result
in loss of the control axis and subsequent
loss of control of the helicopter.
(c) Comments Due Date
We must receive comments by October 17,
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) Within 50 hours time in service (TIS),
for Model EC135P1, EC135T1, EC135P2,
EC135T2, EC135P2+, and EC135T2+
helicopters, do the following:
(i) Using Figure 1 and Figure 2 of
Eurocopter Alert Service Bulletin EC135–
22A–015, Revision 1, dated January 28, 2013
(ASB EC135–22A–015) as reference, inspect
the attachment hardware between the SEMA
and the longitudinal actuator control rod to
determine whether any of the washers can be
moved.
(A) If no washer can be moved, no further
action is needed.
(B) If a washer can be moved, replace the
four screws and install two additional
washers, part number (P/N) EN2139–05016,
to connect the SEMA with the control rod.
Torque-tighten each screw to 5–6 Nm.
(ii) Using Figure 1 and Figure 2 of ASB
EC135–22A–015 as reference, inspect the
attachment hardware between the SEMA and
the lateral actuator control rod to determine
whether any of the washers can be moved.
(A) If no washer can be moved, no further
action is needed.
(B) If a washer can be moved, replace the
four screws and install two additional
washers, P/N EN2139–05016, to connect the
SEMA with the control rod. Torque-tighten
each screw to 5–6 Nm.
(iii) Using Figure 1, Figure 3, and Figure
4 of ASB EC135–22A–015 as reference,
inspect the attachment hardware between the
SEMA and the yaw actuator control rod to
determine whether any of the washers can be
moved.
(A) If no washer can be moved, no further
action is needed.
(B) If a washer can be moved, replace the
four screws and install two additional
washers, P/N EN2139–05016, to connect the
SEMA with the control rod. Torque-tighten
each screw to 5–6 Nm.
(2) Within 50 hours TIS, for Model MBB
BK117 C–2 helicopters, using Figure 1 of
Eurocopter Alert Service Bulletin MBB
BK117 C–2–22A–009, Revision 1, dated
August 3, 2009, as reference, inspect the
attachment hardware between the YawSEMA and the Yaw-SEMA control rod to
determine whether any of the washers can be
moved.
(i) If no washer can be moved, no further
action is needed.
(ii) If a washer can be moved, replace the
four screws and install two additional
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Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Proposed Rules
washers, P/N EN2139–05016, to connect the
SEMA with the control rod. Torque-tighten
each screw to 5–6 Nm and apply
polyurethane lacquer onto the attachment
hardware.
(f) 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, Regulations and
Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas
76137; telephone (817) 222–5110; email
matt.wilbanks@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 the
European Aviation Safety Agency (EASA) AD
No. 2013–0176, dated August 7, 2013. You
may view the EASA AD on the Internet at
https://www.regulations.gov in Docket No.
FAA–2014–0577.
(i) Subject
Joint Aircraft Service Component (JASC)
Code: 2213, Flight Controller.
Issued in Fort Worth, Texas, on August 8,
2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft
Directorate, Aircraft Certification Service.
[FR Doc. 2014–19524 Filed 8–15–14; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 275
[Release No. IA–3893; File No. S7–23–07]
RIN 3235–AL56
Securities and Exchange
Commission.
ACTION: Proposed rule.
AGENCY:
The Securities and Exchange
Commission is proposing to amend rule
206(3)–3T under the Investment
Advisers Act of 1940, a temporary rule
that establishes an alternative means for
investment advisers that are registered
with the Commission as broker-dealers
to meet the requirements of section
206(3) of the Investment Advisers Act
when they act in a principal capacity in
transactions with certain of their
advisory clients. The amendment would
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
16:52 Aug 15, 2014
Comments must be received on
or before September 17, 2014.
DATES:
Comments may be
submitted by any of the following
methods:
ADDRESSES:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/proposed.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number S7–
23–07 on the subject line; or
• Use the Federal eRulemaking Portal
(https://www.regulations.gov). Follow the
instructions for submitting comments.
Paper Comments
• Send paper comments to Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number S7–23–07. This file number
should be included on the subject line
if email is used. To help us process and
review your comments more efficiently,
please use only one method. The
Commission will post all comments on
the Commission’s Internet Web site
(https://www.sec.gov/rules/
proposed.shtml). Comments are also
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. All comments
received will be posted without change;
we do not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly.
FOR FURTHER INFORMATION CONTACT:
Temporary Rule Regarding Principal
Trades With Certain Advisory Clients
VerDate Mar<15>2010
extend the date on which rule 206(3)–
3T will sunset from December 31, 2014
to December 31, 2016.
Jkt 232001
Melissa S. Gainor, Senior Counsel,
Sarah A. Buescher, Branch Chief, or
Daniel S. Kahl, Assistant Director, at
(202) 551–6787 or IArules@sec.gov,
Investment Adviser Regulation Office,
Division of Investment Management,
U.S. Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–8549.
The
Securities and Exchange Commission is
proposing an amendment to temporary
rule 206(3)–3T [17 CFR 275.206(3)–3T]
under the Investment Advisers Act of
1940 [15 U.S.C. 80b] that would extend
the date on which the rule will sunset
from December 31, 2014 to December
31, 2016.
SUPPLEMENTARY INFORMATION:
PO 00000
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Fmt 4702
Sfmt 4702
48709
I. Background
On September 24, 2007, we adopted,
on an interim final basis, rule 206(3)–
3T, a temporary rule under the
Investment Advisers Act of 1940 (the
‘‘Advisers Act’’) that provides an
alternative means for investment
advisers that are registered with us as
broker-dealers to meet the requirements
of section 206(3) of the Advisers Act
when they act in a principal capacity in
transactions with certain of their
advisory clients.1 The purpose of the
rule was to permit broker-dealers to sell
to their advisory clients, in the wake of
Financial Planning Association v. SEC
(the ‘‘FPA Decision’’),2 certain securities
held in the proprietary accounts of their
firms that might not be available on an
agency basis—or might be available on
an agency basis only on less attractive
terms 3—while protecting clients from
conflicts of interest as a result of such
transactions.4
As initially adopted on an interim
final basis, rule 206(3)–3T was set to
sunset on December 31, 2009. In
December 2009, however, we adopted
rule 206(3)–3T as a final rule in the
same form in which it was adopted on
an interim final basis in 2007, except
that we extended the rule’s sunset date
by one year to December 31, 2010.5 We
1 Rule 206(3)–3T [17 CFR 275.206(3)–3T]. All
references to rule 206(3)–3T and the various
sections thereof in this release are to 17 CFR
275.206(3)–3T and its corresponding sections. See
also Temporary Rule Regarding Principal Trades
with Certain Advisory Clients, Investment Advisers
Act Release No. 2653 (Sep. 24, 2007) [72 FR 55022
(Sep. 28, 2007)] (‘‘2007 Principal Trade Rule
Release’’).
2 482 F.3d 481 (D.C. Cir. 2007). In the FPA
Decision, handed down on March 30, 2007, the
Court of Appeals for the DC Circuit vacated (subject
to a subsequent stay until October 1, 2007) rule
202(a)(11)–1 under the Advisers Act. Rule
202(a)(11)–1 provided, among other things, that feebased brokerage accounts were not advisory
accounts and were thus not subject to the Advisers
Act. For further discussion of fee-based brokerage
accounts, see 2007 Principal Trade Rule Release,
Section I.
3 See 2007 Principal Trade Rule Release at nn.19–
20 and Section VI.C.
4 As a consequence of the FPA Decision, brokerdealers offering fee-based brokerage accounts with
an advisory component became subject to the
Advisers Act with respect to those accounts, and
the client relationship became fully subject to the
Advisers Act. These broker-dealers—to the extent
they wanted to continue to offer fee-based accounts
and met the requirements for registration—had to:
Register as investment advisers, if they had not
done so already; act as fiduciaries with respect to
those clients; disclose all material conflicts of
interest; and otherwise fully comply with the
Advisers Act, including the restrictions on
principal trading contained in section 206(3) of the
Act. See 2007 Principal Trade Rule Release, Section
I.
5 See Temporary Rule Regarding Principal Trades
with Certain Advisory Clients, Investment Advisers
Act Release No. 2965 (Dec. 23, 2009) [74 FR 69009
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Agencies
[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Proposed Rules]
[Pages 48707-48709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19524]
[[Page 48707]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0577; Directorate Identifier 2013-SW-042-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters Deutschland GmbH
(Previously Eurocopter Deutschland GmbH) (Airbus Helicopters)
Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Airbus Helicopters Model EC135P1, EC135T1, EC135P2, EC135T2, EC135P2+,
EC135T2+, and MBB-BK 117 C-2 helicopters. This proposed AD would
require inspecting certain washers for movement and making appropriate
repairs if the washers move. This proposed AD is prompted by play found
between the Smart Electro Mechanical Actuator (SEMA) and the control
rod during installation work on a helicopter. The proposed actions are
intended to prevent loss of concerned control axis and subsequent loss
of control of the helicopter.
DATES: We must receive comments on this proposed AD by October 17,
2014.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Docket: Go to https://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 https://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 European
Aviation Safety Agency (EASA) 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
Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX 75052;
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at
https://www.airbushelicopters.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.
FOR FURTHER INFORMATION CONTACT: 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.
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
EASA, which is the Technical Agent for the Member States of the
European Union, issued EASA AD No. 2013-0176, dated August 7, 2013, to
correct an unsafe condition for Eurocopter Deutschland GmbH Model EC
135 P1 (CDS), EC 135 P1 (CPDS), EC 135 P2+, EC 135 P2 (CPDS), EC 135 T1
(CDS), EC 135 T1 (CPDS), EC 135 T2+, EC 135 T2 (CPDS), EC 635 P2+, EC
635 T1 (CPDS), EC 635 T2+, and MBB-BK 117 C-2 helicopters. EASA advises
that during installation work on a helicopter, it was discovered that
it was not possible to install attachment hardware on a threaded blind
borehole between the SEMA and the control rod without play. According
to EASA, the loose attachment hardware was caused by an ``unfavourable
adding of the tolerances'' of the individual attachment hardware
elements. EASA states that as a result, the screw pushed against the
bottom of the threaded blind borehole on the SEMA, and no clamping
force could be achieved on the screw head. EASA advises that this
condition, if not detected and corrected, could lead to loss of the
concerned control axis, possibly resulting in loss of helicopter
control. For these reasons, EASA AD No. 2013-0176 requires a one-time
inspection of the affected SEMA attachment hardware to detect improper
connection and play and, depending on the findings, replacement of the
affected hardware.
Since the issuance of EASA AD No. 2013-0176, Eurocopter Deutschland
GmbH has changed its name to Airbus Helicopters Deutschland GmbH.
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 reported in Alert Service Bulletins (ASBs) EC135-22A-
015, Revision 1, dated January 28, 2013, and MBB BK117 C-2-22A-009,
Revision 1, dated August 3, 2009, that it was discovered during the
installation work on a helicopter that it was not possible to establish
attachment hardware on a threaded blind borehole between the SEMA and
the control rod without play. The ASBs state that ``unfavourable adding
of the tolerances'' of the individual attachment hardware elements
caused the screw to push against the bottom of the threaded blind
borehole on the SEMA, preventing any clamping force on the screw head.
The ASBs call for inspecting the SEMA attachment hardware connected to
their
[[Page 48708]]
respective control rods for play and making the proper adjustments to
eliminate any play.
Proposed AD Requirements
This proposed AD would require, within 50 hours time-in-service,
inspecting whether the washers can be moved in the attachment hardware
that connects the SEMA and the control rod of the longitudinal,
lateral, and yaw actuators. For Model MBB BK117 C-2 helicopters, this
inspection is only for the hardware connecting the Yaw-SEMA and the
Yaw-SEMA control rod. If none of the washers can be moved, then no
further action is needed. If a washer can be moved, then this proposed
AD would require replacing the four screws, installing two additional
washers, and torque-tightening the screws to 5-6 Nm.
Differences Between This Proposed AD and the EASA AD
The EASA AD applies to Eurocopter Model EC635P2+, EC635T1 and
EC635T2+ helicopters. The proposed AD does not apply to these model
helicopters because they have no FAA type certificate.
Costs of Compliance
We estimate that this proposed AD would affect 385 helicopters of
U.S. Registry and that labor costs average $85 per work-hour. Based on
these estimates, we expect the following costs:
Inspecting for movement of the washers would require 1.5
work hours for a labor cost of $128 per helicopter and $49,280 for the
U.S. fleet.
Replacing the screws and related work would require an
additional 0.5 work-hours for a labor cost of $43. Screws would cost $4
each while washers would cost $10 each. We estimate the cost would be
$79 per repair.
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 proposed 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
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):
Airbus Helicopters Deutschland GmbH (Previously Eurocopter
Deutschland GmbH) (Airbus Helicopters) Helicopters: Docket No. FAA-
2014-0577; Directorate Identifier 2013-SW-042-AD.
(a) Applicability
This AD applies to Airbus Helicopters Model EC135P1, EC135T1,
EC135P2, EC135T2, EC135P2+, EC135T2+, and MBB-BK 117 C-2
helicopters, certificated in any category.
(b) Unsafe Condition
This AD defines the unsafe condition as loose attachment
hardware between the Smart Electro Mechanical Actuator (SEMA) and a
control rod. This condition could result in loss of the control axis
and subsequent loss of control of the helicopter.
(c) Comments Due Date
We must receive comments by October 17, 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) Within 50 hours time in service (TIS), for Model EC135P1,
EC135T1, EC135P2, EC135T2, EC135P2+, and EC135T2+ helicopters, do
the following:
(i) Using Figure 1 and Figure 2 of Eurocopter Alert Service
Bulletin EC135-22A-015, Revision 1, dated January 28, 2013 (ASB
EC135-22A-015) as reference, inspect the attachment hardware between
the SEMA and the longitudinal actuator control rod to determine
whether any of the washers can be moved.
(A) If no washer can be moved, no further action is needed.
(B) If a washer can be moved, replace the four screws and
install two additional washers, part number (P/N) EN2139-05016, to
connect the SEMA with the control rod. Torque-tighten each screw to
5-6 Nm.
(ii) Using Figure 1 and Figure 2 of ASB EC135-22A-015 as
reference, inspect the attachment hardware between the SEMA and the
lateral actuator control rod to determine whether any of the washers
can be moved.
(A) If no washer can be moved, no further action is needed.
(B) If a washer can be moved, replace the four screws and
install two additional washers, P/N EN2139-05016, to connect the
SEMA with the control rod. Torque-tighten each screw to 5-6 Nm.
(iii) Using Figure 1, Figure 3, and Figure 4 of ASB EC135-22A-
015 as reference, inspect the attachment hardware between the SEMA
and the yaw actuator control rod to determine whether any of the
washers can be moved.
(A) If no washer can be moved, no further action is needed.
(B) If a washer can be moved, replace the four screws and
install two additional washers, P/N EN2139-05016, to connect the
SEMA with the control rod. Torque-tighten each screw to 5-6 Nm.
(2) Within 50 hours TIS, for Model MBB BK117 C-2 helicopters,
using Figure 1 of Eurocopter Alert Service Bulletin MBB BK117 C-2-
22A-009, Revision 1, dated August 3, 2009, as reference, inspect the
attachment hardware between the Yaw-SEMA and the Yaw-SEMA control
rod to determine whether any of the washers can be moved.
(i) If no washer can be moved, no further action is needed.
(ii) If a washer can be moved, replace the four screws and
install two additional
[[Page 48709]]
washers, P/N EN2139-05016, to connect the SEMA with the control rod.
Torque-tighten each screw to 5-6 Nm and apply polyurethane lacquer
onto the attachment hardware.
(f) 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, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email matt.wilbanks@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 the European Aviation
Safety Agency (EASA) AD No. 2013-0176, dated August 7, 2013. You may
view the EASA AD on the Internet at https://www.regulations.gov in
Docket No. FAA-2014-0577.
(i) Subject
Joint Aircraft Service Component (JASC) Code: 2213, Flight
Controller.
Issued in Fort Worth, Texas, on August 8, 2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2014-19524 Filed 8-15-14; 8:45 am]
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