This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

16196 

Vol. 78, No. 50 

Thursday, March 14, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0239; Directorate 

Identifier 2010–SW–087–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland GmbH Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Eurocopter Deutschland GmbH (ECD) 

EC 135 P1, P2, P2+, T1, T2, and T2+ 

helicopters equipped with a certain 

main transmission housing upper part. 

This proposed AD would require 

installing a corrugated washer in the 

middle of the main transmission filter 

housing upper part and modifying the 

main transmission housing upper part. 

This proposed AD is prompted by an 

inspection of housing upper parts that 

revealed the bypass inlet in the oil filter 

area was not manufactured in 

accordance with applicable design 

specifications. The proposed actions are 

intended to prevent failure of the main 

transmission and subsequent loss of 

control of the helicopter. 

DATES: We must receive comments on 

this proposed AD by May 13, 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. You may 

review copies of 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: 

Chinh Vuong, Aviation Safety Engineer, 

Safety Management Group, Rotorcraft 

Directorate, FAA, 2601 Meacham Blvd., 

Fort Worth, Texas 76137; telephone 

(817) 222–5110; email 

chinh.vuong@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 AD No. 2010–0213, 

dated October 14, 2010 (AD 2010–0213), 

to correct an unsafe condition for the 

ECD model EC 135 and EC635 

helicopters. EASA advises that a recent 

inspection on some housing upper parts 

for the main transmission FS108 

revealed the bypass inlet in the oil filter 

area had not been manufactured in 

accordance with the applicable design 

specifications. EASA advises that this 

condition, if not detected and corrected, 

could adversely affect the oil-filter 

bypass function, which is essential for 

continued safe flight. The EASA AD 

requires a temporary modification of the 

main transmission housing upper part 

by installing a corrugated washer, and 

then a ‘‘rework’’ of the oil filter area to 

bring the affected parts within the 

applicable design specifications. 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of the Republic 

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 exists and is likely to 

exist or develop on other products of the 

same type design. 

Related Service Information 

ECD has issued Alert Service Bulletin 

(ASB) ASB EC135–63A–017, Revision 0, 

dated October 11, 2010 (EC135–63A– 

017), which specifies removing the oil 

filter element and installing a 

corrugated washer. EC135–63A–017 

also specifies reworking the affected 

filter housing upper part at the next 

repair or major overhaul of the main 

transmission, no later than 4,000 flight 


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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Proposed Rules 16197 

hours after receipt of the service 

bulletin. EASA classified this ASB as 

mandatory and issued AD 2010–0213 to 

ensure the continued airworthiness of 

these helicopters. 

We have also reviewed ZF 

Luftfahrttechnik GmbH Service 

Instruction No. EC135FS108–1659– 

1009, dated September 14, 2010, which 

specifies procedures for repairing the 

main transmission upper housing, and 

includes dimensions and tolerances for 

machining the housing upper part. 

Proposed AD Requirements 

This proposed AD would require 

compliance with specified portions of 

the manufacturer’s service information. 

This proposed AD would require: 

• Within three months, installing a 

corrugated washer in the filter housing 

of the housing upper part; and 

• Within 4,000 hours time-in-service, 

modifying each affected main 

transmission housing upper part by 

machining the oil filter bypass inlet. 

Differences Between This Proposed AD 

and the EASA AD 

The EASA AD applies to Model EC 

635 helicopters. The proposed AD does 

not, as this model is not typecertificated in the U.S. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 227 helicopters of U.S. 

Registry. Based on an average labor rate 

of $85 per work hour, we estimate that 

operators may incur the following costs 

in order to comply with this proposed 

AD. Installing the corrugated washer 

would require about .5 work hour, and 

required parts would cost about $10, for 

a cost per helicopter of about $53, and 

a total cost to the U.S. operator fleet of 

$12,031. Machining the housing upper 

part would require about 5 work-hours 

and required parts would cost about 

$73, for a total cost per helicopter of 

$498, and a total cost to U.S. operators 

of $113,046. 

According to the ECD ASB, some of 

the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage by Eurocopter. Accordingly, 

we have included all costs in our cost 

estimate. 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new Airworthiness 

Directive (AD): 

Eurocopter Deutschland GmbH: Docket No. 

FAA–2013–0239; Directorate Identifier 

2010–SW–087–AD. 

(a) Applicability 

This AD applies to Eurocopter Deutschland 

GmbH Model EC135 P1, P2, P2+, T1, T2, and 

T2+ helicopters with a main transmission 

FS108 housing upper part, part number (P/ 

N) 4649 301 034 and a serial number listed 

in Table 1 of Eurocopter Alert Service 

Bulletin EC135–63A–017, Revision 0, dated 

October 11, 2010 (ASB EC135–63A–017), 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as an 

improperly manufactured bypass inlet in the 

oil filter area. This condition could adversely 

affect the oil-filter bypass function, resulting 

in failure of the main transmission and 

subsequent loss of control of the helicopter. 

(c) Reserved 

(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 3 months, remove the oil filter 

element and install a corrugated washer, P/ 

N 0630100377, in the middle of the filter 

housing of the housing upper part as 

depicted in Figure 2 of ASB EC135–63A–017. 

(2) Within 4,000 hours time-in-service or at 

the next main transmission repair or 

overhaul, whichever occurs first, machine 

the main transmission housing upper part in 

accordance with Annex A of ZF 

Luftfahrttechnik GmbH Service Instruction 

No. EC135FS108–1659–1009, dated 

September 14, 2010. 

(3) Do not install a main transmission 

upper part, P/N 4649 301 034, on any 

helicopter unless it has been modified as 

required by paragraphs (e)(1) through (e)(2) of 

this AD. 

(f) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Chinh Vuong, 

Aviation Safety Engineer, Safety Management 

Group, Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 76137; 

telephone (817) 222–5110; email 

chinh.vuong@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. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
16198 Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Proposed Rules 

(g) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency AD No. 

2010–0213, dated October 14, 2010. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6320: Main Rotor Gearbox. 

Issued in Fort Worth, Texas, on March 6, 

2013. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–05872 Filed 3–13–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0210; Directorate 

Identifier 2012–NM–053–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to certain The Boeing 

Company Model MD–11 and MD–11F 

airplanes. The existing AD currently 

requires inspecting to determine if wires 

touch the upper surface of the center 

upper auxiliary fuel tank, and marking 

the location, as necessary; inspecting all 

wire bundles above the center upper 

auxiliary fuel tank for splices and 

damage; inspecting for damage to the 

fuel vapor barrier seal and upper surface 

of the center upper auxiliary fuel tank; 

and performing corrective actions, as 

necessary. The existing AD also requires 

installing nonmetallic barrier/shield 

sleeving, new clamps, new attaching 

hardware, and a new extruded channel. 

The existing AD resulted from fuel 

system reviews conducted by the 

manufacturer. Since we issued that AD, 

we have identified additional center 

upper auxiliary fuel tank locations 

where inspections and corrective 

actions are needed. We are proposing 

this AD to reduce the potential of 

ignition sources inside fuel tanks, 

which, in combination with flammable 

fuel vapors, could result in fuel tank 

explosions and consequent loss of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by April 29, 2013. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood 

Boulevard, MC D800–0019, Long Beach, 

CA 90846–0001; telephone 206–544– 

5000, extension 2; fax 206–766–5683; 

Internet https:// 

www.myboeingfleet.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Samuel Lee, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, CA 90712–4137; phone: 

(562) 627–5262; fax: (562) 627–5210; 

email: samuel.lee@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2013–0210; Directorate Identifier 

2012–NM–053–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On December 16, 2009, we issued AD 

2009–26–16, Amendment 39–16155 (74 

FR 69249, December 31, 2009), for 

certain McDonnell Douglas Corporation 

Model MD–11 and MD–11F airplanes. 

That AD requires inspecting to 

determine if wires touch the upper 

surface of the center upper auxiliary 

fuel tank, and marking the location, as 

necessary; inspecting all wire bundles 

above the center upper auxiliary fuel 

tank for splices and damage; inspecting 

for damage to the fuel vapor barrier seal 

and upper surface of the center upper 

auxiliary fuel tank; and corrective 

actions, as necessary. That AD also 

requires installing nonmetallic barrier/ 

shield sleeving, new clamps, new 

attaching hardware, and a new extruded 

channel. That AD resulted from fuel 

system reviews conducted by the 

manufacturer. We issued that AD to 

reduce the potential of ignition sources 

inside fuel tanks, which, in combination 

with flammable fuel vapors, could result 

in fuel tank explosions and consequent 

loss of the airplane. 

Actions Since AD 2009–26–16, 

Amendment 39–16155 (74 FR 69249, 

December 31, 2009), Was Issued 

AD 2009–26–16, Amendment 39– 

16155 (74 FR 69249, December 31, 

2009) refers to Boeing Service Bulletin 

MD11–28–126, Revision 1, dated June 

18, 2009, as the appropriate source of 

service information for the required 

actions. Boeing has since revised this 

service information. We have reviewed 

Boeing Service Bulletin MD11–28–126, 

Revision 4, dated November 29, 2011, 

which added additional work for certain 

airplanes. This additional work includes 

inspecting an additional wire bundle 

and installing additional sleeving, 

clamping, and an extruded channel over 

the center upper auxiliary fuel tank. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin MD11–28–126, Revision 4, 

dated November 29, 2011. For 

information on the procedures and 

compliance times, see this service 


tkelley on DSK3SPTVN1PROD with PROPOSALS