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[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Proposed Rules]
[Pages 26715-26716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10911]

[[Page 26715]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0398; Directorate Identifier 2011-SW-065-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 
Eurocopter Deutschland GmbH (ECD) Model EC135P1, EC135P2, EC135P2+, 
EC135T1, EC135T2, and EC135T2+ helicopters with certain fire 
extinguishing systems installed. This proposed AD would require 
modifying the fire extinguishing system injection tubes. This proposed 
AD is prompted by a report that the injection tubes are deforming due 
to heat. The proposed actions are intended to prevent deformation of 
the fire extinguishing system injection tubes during a fire, which 
could result in impaired distribution of the fire extinguishing agent, 
failure of the fire extinguishing system to contain an engine fire, and 
subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by July 8, 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 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, Rotorcraft Certification Office, 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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
No. 2011-0172, dated September 7, 2011 (AD 2011-0172), to correct an 
unsafe condition for ECD Model EC 135 P1, EC 135 P2, EC 135 P2+, EC 135 
T1, EC 135 T2, EC 135 T2+, EC 635 T1, EC 635 P2+, and EC 635 T2+ 
helicopters with a single engine fire extinguishing system, part number 
(P/N) L262M1808101, P/N L262M1812101, or P/N L262M1812102, or with a 
dual engine fire extinguishing system, P/N L262M1813102, installed. 
EASA advises that the fire extinguishing system injection tubes on 
Model EC 135 and EC 635 helicopters ``are not compliant with the 
relevant airworthiness requirements, because they are also forming part 
of the firewall.'' According to EASA, during an engine fire, this 
condition may affect the function of the fire extinguishing system and 
degrade the fire containment capability of the system to the extent 
that it is incapable of extinguishing an engine fire. For these 
reasons, EASA issued AD 2011-0172, which requires modification of the 
affected injection tubes by removing part of the tubing and replacing 
it with a section of heat-resistant injection tubing.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
the Federal Republic of Germany and are approved for operation in the 
United States. Pursuant to our bilateral agreement with the Federal 
Republic of 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

    ECD has issued EC135 Alert Service Bulletin (ASB) No. EC135-26A-
003, Revision 2, dated December 19, 2011, which describes procedures to 
remove a section of the fire extinguishing system injection tubing and 
replace it with heat-resistant injection tubing.

Proposed AD Requirements

    This proposed AD would require, within 30 days, cutting out a 
portion of the existing injection tubes and replacing that portion with 
a section of new injection tubing.

Differences Between This Proposed AD and the EASA AD

    The EASA AD applies to helicopters with a dual engine fire 
extinguishing system and this proposed AD does not because these 
systems are only installed on helicopters operated by the German 
Federal Police and are not operated in the U. S. Also, the EASA AD 
applies to Model EC635 helicopters, and the proposed AD does not 
because the

[[Page 26716]]

EC635 is not type-certificated in the U.S.

Costs of Compliance

    We estimate that this proposed AD would affect 246 helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. Modifying the injection tubes would 
require about 4.5 work-hours at an average labor rate of $85 per hour 
and required parts would cost about $900, for a cost of $1,282 per 
helicopter and a total cost to U.S. operators of $315,372.

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-2013-0398; Directorate 
Identifier 2011-SW-065-AD.

(a) Applicability

    This AD applies to Eurocopter Deutschland GmbH (ECD) Model 
EC135P1, EC135P2, EC135P2+, EC135T1, EC135T2, and EC135T2+ 
helicopters with a fire extinguishing system part number (P/N) 
L262M1808101, P/N L262M1812101, or P/N L262M1812102 installed, 
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as deformation of the fire 
extinguishing system injection tubes during an engine fire, which 
could result in impaired distribution of the fire extinguishing 
agent, failure of the fire extinguishing system to contain a fire, 
and subsequent loss of control of the helicopter.

(c) Comments Due Date

    We must receive comments by July 8, 2013.

(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 30 days, modify each fire extinguishing system 
injection tube by removing and replacing a section of the tubing in 
accordance with the Accomplishment Instructions, paragraph 3.B., of 
Eurocopter EC135 Alert Service Bulletin No. EC135-26A-003, Revision 
2, dated December 19, 2011.
    (2) Do not install an injection tube, P/N L262M1810101, P/N 
L262M1811801, or P/N L262M1809101, on any helicopter unless it has 
been modified as required by this AD.

(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, Rotorcraft Certification Office, 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

    (1) The subject of this AD is addressed in European Aviation 
Safety Agency AD No. 2011-0172, dated September 7, 2011.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2620: 
Extinguishing System.

    Issued in Fort Worth, Texas, on April 26, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-10911 Filed 5-7-13; 8:45 am]
BILLING CODE 4910-13-P
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