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[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Proposed Rules]
[Pages 16196-16198]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05872]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


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

[[Page 16196]]

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).

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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

[[Page 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 type-certificated 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

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):

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.

[[Page 16198]]

(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
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