[Federal Register Volume 64, Number 126 (Thursday, July 1, 1999)]
[Rules and Regulations]
[Pages 35559-35562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16591]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-38-AD; Amendment 39-11217; AD 99-12-01]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Deutschland (Eurocopter) 
Model EC135 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 99-12-01, which was sent 
previously to all known U.S. owners and operators of Eurocopter Model 
EC135 helicopters by individual letters. This AD requires initial and 
repetitive visual inspections and one dye-penetrant inspection of the 
main rotor hub shaft (shaft) for cracks. If a crack is found during any 
of the inspections, this AD requires replacing the shaft with an 
airworthy shaft before further flight. This amendment is prompted by 
the discovery of fatigue cracks on the shaft of a helicopter. The 
actions specified by this AD are intended to detect fatigue cracks in 
the shaft that could lead to shaft failure and subsequent loss of 
control of the helicopter.

DATES: Effective July 16, 1999, to all persons except those persons to 
whom it was made immediately effective by Priority Letter AD 99-12-01, 
issued on May 27, 1999, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before August 30, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-38-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Mike Mathias, Aerospace Engineer, FAA, 
Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 Meacham Blvd., 
Fort Worth, Texas 76137, telephone (817) 222-5123, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On May 27, 1999, the FAA issued Priority 
Letter AD 99-12-01, applicable to Eurocopter Model EC135 helicopters, 
which requires initial and repetitive visual inspections and one dye-
penetrant inspection of the shaft for cracks. If a crack is found 
during any of the inspections, the AD requires replacing the shaft with 
an airworthy shaft before further flight. That action was prompted by 
the discovery of fatigue cracks on the shaft of a helicopter. This 
condition, if not corrected, could result in failure of the shaft and 
subsequent loss of control of the helicopter.
    Eurocopter has issued Eurocopter EC135 Alert Service Bulletin (ASB) 
EC 135-62A-004, dated May 5, 1999, which specifies inspecting the shaft 
for cracks. The Luftfahrt-Bundesamt (LBA), which is the airworthiness 
authority for the Federal Republic of Germany, classified this service 
bulletin as mandatory and issued AD 1999-185, dated May 6, 1999, to 
assure the continued airworthiness of these helicopters in the Federal 
Republic of Germany. Eurocopter later issued ASB EC135-62A-004, Rev. 1, 
dated May 7, 1999.
    Since the unsafe condition described is likely to exist or develop 
on other Eurocopter Model EC135 helicopters of the same type design, 
the FAA issued Priority Letter AD 99-12-01 to detect fatigue cracks in 
the shaft that could lead to shaft failure and subsequent loss of 
control of the helicopter. The AD requires initial and repetitive 
visual inspections and one dye-penetrant inspection of the shaft for 
cracks. The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
structural integrity of the helicopter. Therefore, inspecting the shaft 
for cracks is required before further flight and this AD must be issued 
immediately.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable

[[Page 35560]]

and contrary to the public interest, and good cause existed to make the 
AD effective immediately by individual letters issued on May 27, 1999, 
to all known U.S. owners and operators of Eurocopter Model EC135 
helicopters. These conditions still exist, and the AD is hereby 
published in the Federal Register as an amendment to section 39.13 of 
the Federal Aviation Regulations (14 CFR 39.13) to make it effective to 
all persons.
    The FAA estimates that 10 helicopters will be affected by this AD; 
that it will take approximately 0.5 work hour per helicopter to perform 
the visual inspections, 1 work hour per helicopter to perform the dye-
penetrant inspection, 10 work hours to replace the shaft, if necessary; 
and that the average labor rate is $60 per work hour. Required parts 
will cost approximately $25,000 per shaft. Based on these figures, the 
total cost impact of the AD on U.S. operators is estimated to be 
$55,900 per year, assuming the initial inspection, one dye-penetrant 
inspection, and 100 visual inspections per year on each helicopter, and 
one shaft replacement in the fleet.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 99-SW-38-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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 and 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
to read as follows:

AD 99-12-01  Eurocopter Deutschland GmbH: Amendment 39-11217. Docket 
No. 99-SW-38-AD.

    Applicability: Model EC135 helicopter with main rotor hub shaft 
(shaft), part number (P/N) L623M100S 101, installed, certificated in 
any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For helicopters that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect a fatigue crack in the shaft that could lead to shaft 
failure and subsequent loss of control of the helicopter, accomplish 
the following:
    (a) Before further flight, and thereafter, at intervals not to 
exceed 15 hours time-in-service (TIS), visually inspect the shaft, 
P/N L623M100S 101, for any crack in the area marked in Figure 1. 
Clean the shaft before using a bright light source to inspect for 
cracks. If any crack is found, replace the shaft with an airworthy 
shaft before further flight.

    (b) Within 10 hours TIS, conduct a one-time dye-penetrant 
inspection of the shaft using the MIL-STD-6866 or ASTM-E-1417 
procedure in the area shown in Figure 1. If any crack is found, 
replace the shaft with an airworthy shaft before further flight.
    Note 2: Eurocopter EC 135 Alert Service Bulletin EC 135-62A-004, 
Rev. 1, dated May 7, 1999, pertains to the subject of this AD.

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    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Rotorcraft Standards Staff, FAA, 
Rotorcraft Directorate. Operators shall submit their requests 
through an FAA Principal Maintenance Inspector, who may concur or 
comment and then send it to the Manager, Rotorcraft Standards Staff.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Rotorcraft Standards Staff.

    (d) Special flight permits will not be issued.
    (e) This amendment becomes effective on July 16, 1999, to all 
persons except those persons to whom it was made immediately 
effective by Priority Letter AD 99-12-01, issued May 27, 1999, which 
contained the requirements of this amendment.

    Note 4: The subject of this AD is addressed in Luftfahrt-
Bundesamt (Federal Republic of Germany) AD 1999-185, dated May 6, 
1999.

    Issued in Fort Worth, Texas, on June 23, 1999.
Henry A. Armstrong,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-16591 Filed 6-30-99; 8:45 am]
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