Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Proposed Rules 26715 

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). 

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 heatresistant 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 

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26716 Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Proposed Rules 

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 

■ 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–2013–0398; 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0365; Directorate 

Identifier 2012–NM–223–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

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 all Airbus Model A330– 

200 and –300 series airplanes, and 

Model A340–200 and –300 series 

airplanes. The existing AD currently 

requires a repetitive inspection program 

on certain check valves in the hydraulic 

systems that includes, among other 

things, inspections for lock wire 

presence and integrity, traces of seepage 

or black deposits, proper torque, 

alignment of the check valve and 

manifold, installing new lock wire, and 

corrective actions if needed. Since we 

issued that AD, additional in-service 

reports of check valves loosening at 

lower flight cycle thresholds than 

previously reported have been received. 

This proposed AD would expand the 

applicability, reduce the compliance 

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