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[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Proposed Rules]
[Pages 5325-5329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01954]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0034; Directorate Identifier 2013-SW-006-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 supersede Airworthiness Directive (AD) 2012-10-
53 for Eurocopter Deutschland GmbH (ECD) Model EC135P1, EC135P2, 
EC135P2+, EC135T1, EC135T2, and EC135T2+ helicopters. AD 2012-10-53 
currently requires, before further flight and at specified intervals, 
checking and inspecting the upper and lower main rotor hub (MRH) shaft 
flanges for a crack, and inspecting the lower hub-shaft flange bolt 
attachment areas for a crack. Since we issued AD 2012-10-53, it has 
been determined that it is safe to increase the visual inspection 
intervals of the MRH shaft flanges from 10 hours time-in-service (TIS) 
to 50 hours TIS and remove the inspection of the lower MRH shaft flange 
bolt attachment areas. This proposed AD would continue to require 
checking and inspecting the upper and lower MRH shaft flanges for a 
crack. The proposed actions are intended to detect a crack on the MRH 
shaft flange, which if not corrected, could result in failure of the 
MRH and subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by April 1, 2014.

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 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 
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 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: Gary Roach, Aviation Safety Engineer, 
Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email 
gary.b.roach@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

[[Page 5326]]

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

    On May 15, 2012, we issued Emergency AD (EAD) No. 2012-10-51 for 
ECD Model EC135 series helicopters to detect a crack on the MRH shaft 
flange. EAD No. 2012-10-51 required a pilot check of the lower MRH 
shaft flange for a crack or deformed blade attachment bolt safety pins 
before the first flight of each day, inspecting the upper and lower MRH 
shaft flanges for a crack within 5 hours TIS, and replacing the MRH 
shaft if there is a crack. EAD No. 2012-10-51 was prompted by AD No. 
2012-0041-E, dated March 12, 2012, issued by EASA, which is the 
Technical Agent for the Member States of the European Union, to correct 
an unsafe condition for the ECD Model EC 135 series helicopters. EASA 
revised AD No. 2012-0041-E with EASA AD No. 2012-0041R1, dated March 
15, 2012.
    After we issued EAD No. 2012-10-51, EASA issued AD No. 2012-0085-E, 
dated May 17, 2012, which superseded EASA AD No. 2012-0041R1. EASA 
advised that since issuing EASA AD No. 2012-0041R1, further cracks had 
been detected on two other helicopters during the pre-flight checks. 
These are the same two cracks that prompted our EAD No. 2012-10-51. 
However, EASA also stated that identification of deformed safety pins 
may not be sufficient to detect a crack on the MRH shaft flange. ECD 
investigated the cause of the cracks and developed new inspection 
procedures with further corrective actions. Therefore, we issued EAD 
No. 2012-10-53 on May 18, 2012, which superseded EAD No. 2012-10-51. 
EAD No. 2012-10-53 was published in the Federal Register as a Final 
rule; request for comments on November 20, 2012, at 77 FR 69558.
    In issuing AD No. 2012-10-53, we included additional part-numbered 
MRH shafts that should have been included in EAD No. 2012-10-51, 
changed the daily checks to recurring checks at intervals not to exceed 
6 hours TIS, added a 10 hour-TIS recurring inspection on MRH shafts 
with 400 or more hours TIS, and removed the check of the blade 
attachment bolt safety pins for deformation.

Actions Since AD 2012-10-53 Was Issued

    Since we issued EAD No. 2012-10-53 on May 18, 2012, which was 
published as a Final Rule; Request for Comments on November 20, 2012 at 
77 FR 69558, Eurocopter revised Alert Service Bulletin (ASB) No. EC135-
62A-029, now at Revision 7, dated October 22, 2012. The inspection 
interval for the visual inspection of the MRH shaft flanges was 
increased to 50 flight hours based on results from full scale component 
testing. The note regarding the preflight check states that the time 
between two preflight checks must not exceed 6 flight hours, and 
clarifies that one flight may comprise of multiple take-offs and 
landings and a flight starts when the helicopter takes off and ends 
when the helicopter is on the ground with the engines shut off. 
Eurocopter also removed the visual inspection of the blade bolt 
attachment areas from the ASB.
    EASA also revised its AD, now at EASA AD No. 2012-0085R5, dated 
October 30, 2012, to correct the unsafe condition. EASA advised that 
based on results of the further full scale component testing, it has 
been determined that the interval for the repetitive visual inspections 
of the upper and lower hub shaft flanges can be extended to 50 flight 
hours. EASA AD No. 2012-0085R5 also references ECD ASB No. EC135-62A-
029, Revision 7, dated October 22, 2012, for related information. EASA 
considers AD No. 2012-0085R5 to be interim AD action and further AD 
action may follow.

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

    We reviewed Eurocopter ASB No. EC135-62A-029, Revision 7, dated 
October 22, 2012, which describes procedures for preflight checking the 
visible area of the upper and lower MRH shaft flanges and performing a 
repetitive visual inspection of the upper and lower MRH shaft for 
cracks. EASA classified this ASB as mandatory and issued AD No. 2012-
0085R5 to ensure the continued airworthiness of these helicopters.

Proposed AD Requirements

    This proposed AD would retain the repetitive visual check and 
inspection of the upper and lower MRH shaft flanges, as well as the 
replacement requirements of AD No. 2012-10-53 (77 FR 69558, November 
20, 2012). An owner/operator (pilot) may perform the required visual 
check and must enter compliance with the applicable paragraph of the AD 
into the helicopter maintenance records in accordance with 14 CFR 
Sec. Sec.  43.9(a)(1)-(4) and 91.417(a)(2)(v). A pilot may perform this 
check because it involves only looking at the visible area of the MRH 
shaft flanges and can be performed equally well by a pilot or a 
mechanic. That check is an exception to our standard maintenance 
regulations. Further, this proposed AD would increase the repetitive 
visual inspection interval for MRH shafts with 400 hours or more TIS 
from 10 hours TIS to 50 hours TIS.
    Any alternative method of compliance (AMOC) previously approved in 
accordance with AD No. 2012-10-53 (77 FR 69558, November 20, 2012), 
would continue to be considered approved as an AMOC for the 
corresponding requirements in this proposed AD.

Differences Between This Proposed AD and the EASA AD

    EASA considers its AD action to be an interim action; we do not 
consider this proposed AD to be interim AD action because the proposed 
requirements for the applicable part-numbered MRH shafts are not 
expected to change. The EASA AD requires you to report the findings and 
send the removed MRH to ECD, while this proposed AD would not. The EASA 
AD requires the initial visual check within 3 days, while this proposed 
AD would require the initial visual check before further flight. The 
EASA AD does not specify affected MRH shaft part numbers; this proposed 
AD would because the FAA anticipates that ECD will produce new part-
numbered MRH shafts without the same unsafe condition.

Costs of Compliance

    We estimate that this proposed AD would affect 244 helicopters of 
U.S. Registry. We estimate inspecting the MRH shaft flanges would 
require 2.5 work-hours at an average labor rate of $85 per work-hour, 
for a total cost per helicopter of $212 and a total cost to U.S. 
operators of $51,728 per inspection cycle. Replacing an MRH shaft would 
require about 8 work-hours at an

[[Page 5327]]

average labor rate of $85 per work-hour, and required parts would cost 
$55,715, for a total cost per helicopter of $56,395.

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

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 removing Airworthiness Directive (AD) 
2012-10-53 (77 FR 69558, November 20, 2012), and adding the following 
new AD:

Eurocopter Deutschland GmbH (ECD): Docket No. FAA-2014-0034; 
Directorate Identifier 2013-SW-006-AD.

(a) Applicability

    This AD applies to Model EC135P1, EC135P2, EC135P2+, EC135T1, 
EC135T2, and EC135T2+ helicopters, with a main rotor hub (MRH) 
shaft, part number (P/N) L623M1006101, L623M1206101, L623M1006102, 
L623M1206102, L623M1006103, or L623M1206103 installed, certificated 
in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the MRH shaft 
flange, which could result in failure of the MRH and subsequent loss 
of control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2012-10-53, Amendment 39-17254 (77 FR 
69558, November 20, 2012).

(d) Comments Due Date

    We must receive comments by April 1, 2014.

(e) 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.

(f) Required Actions

    (1) Before further flight, and thereafter at intervals not to 
exceed 6 hours time-in-service (TIS), check the MRH shaft lower 
flange and the visible area of the MRH shaft upper flange for a 
crack. Figures 1 and 2 to Paragraph (f)(1) of this AD are examples 
of cracks that have been discovered in the MRH shaft lower flange. 
The actions required by this paragraph may be performed by the 
owner/operator (pilot) holding at least a private pilot certificate, 
and must be entered into the aircraft records showing compliance 
with this AD in accordance with 14 CFR 43.9 (a)(1)-(4) and 14 CFR 
91.417(a)(2)(v). The record must be maintained as required by 14 CFR 
91.417, 121.380, or 135.439.

[[Page 5328]]

[GRAPHIC] [TIFF OMITTED] TP31JA14.001

    (2) For MRH shafts with 400 or more hours TIS, within 50 hours 
TIS, and thereafter at intervals not to exceed 50 hours TIS:
    (i) Remove the rotor-hub cap.
    (ii) Clean the upper and lower MRH shaft flange as depicted in 
Figure 2 of Eurocopter Alert Service Bulletin No. EC135-62A-029, 
Revision 7, dated October 22, 2012, and visually inspect for a 
crack.
    (3) If there is a crack in the upper or lower MRH shaft flange, 
before further flight, replace that MRH shaft with an airworthy MRH 
shaft. Replacing the MRH shaft with an MRH shaft having a P/N listed 
in the applicability of this AD does not constitute terminating 
action for the requirements of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Gary Roach,

[[Page 5329]]

Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft 
Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; 
telephone (817) 222-5110; email gary.b.roach@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.
    (3) Any AMOC approved previously in accordance with AD No. 2012-
10-53, Amendment 39-17254 (77 FR 69558, November 20, 2012), is 
approved as an AMOC for the corresponding requirements in paragraph 
(f) of this AD.

(h) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2012-0085R5, dated October 30, 2012. You may 
view the EASA AD in Docket No. FAA-2014-0034 on the Internet at 
http://www.regulations.gov.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6220, Main Rotor 
Head.

    Issued in Fort Worth, Texas, on January 16, 2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2014-01954 Filed 1-30-14; 8:45 am]
BILLING CODE 4910-13-P
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