```

[Federal Register Volume 78, Number 171 (Wednesday, September 4, 2013)]
[Rules and Regulations]
[Pages 54383-54384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19500]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0239; Directorate Identifier 2010-SW-087-AD; 
Amendment 39-17552; AD 2013-16-14]
RIN 2120-AA64

Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting 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 AD requires installing a corrugated washer in the middle of 
the main transmission filter housing upper part and modifying the main 
transmission housing upper part. This AD was 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 actions of this AD are intended to prevent failure 
of the main transmission and subsequent loss of control of the 
helicopter.

DATES: This AD is effective October 9, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of October 9, 2013.

ADDRESSES: For service information identified in this 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.

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 AD, the foreign authority's AD, 
any incorporated-by-reference service information, the economic 
evaluation, any comments received, and other information. The street 
address for the Docket Operations Office (phone: 800-647-5527) is U.S. 
Department of Transportation, Docket Operations Office, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

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:

Discussion

    On March 14, 2013, at 78 FR 16196, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 to include an AD that would apply to ECD Model EC135 P1, 
P2, P2+, T1, T2, and T2+ helicopters with a certain serial numbered 
main transmission FS108 housing upper part, part number (P/N) 4649 301 
034. The NPRM proposed to require installing a corrugated washer in the 
filter housing of the housing upper part and modifying each affected 
main transmission housing upper part by machining the oil filter bypass 
inlet. The proposed requirements were intended to prevent failure of 
the main transmission and subsequent loss of control of the helicopter.
    The NPRM was prompted by AD No. 2010-0213, dated October 14, 2010, 
issued by the European Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union. EASA 
issued AD No. 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we did not receive any comments on the NPRM (78 FR 16196 
March 14, 2013).

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 the Republic of 
Germany, EASA, its technical representative, has notified us of the 
unsafe condition described in the EASA AD. We are issuing this AD 
because we evaluated all information provided by EASA and determined 
the unsafe condition exists and is likely to exist or develop on other 
helicopters of these same type designs and that air safety and the 
public interest require adopting the AD requirements as proposed.

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 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.

Costs of Compliance

    We estimate that this AD will 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 AD. Installing the corrugated washer will require 
about .5 work hour, and required parts cost about $10, for a cost per 
helicopter of about $53, and a total cost to the U.S.

[[Page 54384]]

operator fleet of $12,031. Machining the housing upper part requires 
about 5 work-hours and required parts 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 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 helicopters identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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):

2013-16-14 Eurocopter Deutschland GmbH: Amendment 39-17552; 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) Effective Date

    This AD becomes effective October 9, 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 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 (AMOCs)

    (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.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency AD No. 2010-0213, dated October 14, 2010. You may view the 
EASA AD in the AD docket on the Internet at http://www.regulations.gov.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6320: Main Rotor 
Gearbox.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Eurocopter Alert Service Bulletin EC135-63A-017, Revision 0, 
dated October 11, 2010.
    (ii) ZF Luftfahrttechnik GmbH Service Instruction No. 
EC135FS108-1659-1009, dated September 14, 2010.
    (3) For service information identified in this 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.
    (4) You may view this service information that is incorporated 
by reference in the AD docket on the Internet at http://www.regulations.gov.
    (5) You may also view this service information that is 
incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on August 2, 2013.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2013-19500 Filed 9-3-13; 8:45 am]
BILLING CODE 4910-13-P
```