[Federal Register Volume 65, Number 29 (Friday, February 11, 2000)]
[Proposed Rules]
[Pages 6925-6927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3224]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-05-AD]


Airworthiness Directives; Eurocopter Deutschland GmbH 
(Eurocopter) Model EC 135 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to Eurocopter Model EC 135 
helicopters. This proposal would require replacing a certain oil cooler 
fan splined drive shaft (shaft) with a different airworthy shaft and 
re-identifying the part numbers on the oil cooler fans. This proposal 
is prompted by two incidents in which the shaft broke. The actions 
specified by the proposed AD are intended to prevent

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failure of the shaft, loss of oil cooling, and a subsequent engine 
shutdown during flight.

DATES: Comments must be received on or before April 11, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-05-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas. Comments may be inspected at this location between 
9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Shep Blackman, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5125, fax (817) 
222-5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 99-SW-05-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-05-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for the Federal Republic of Germany, notified the FAA that an unsafe 
condition may exist on Eurocopter Model EC 135 helicopters. The LBA 
advises that breakage of fan drive shafts, which occurred on two 
helicopters, resulted in failure of the fan and reduced oil cooling.
    Eurocopter has issued Eurocopter Alert Service Bulletin No. EC 135-
79A-001, dated January 23, 1998 (ASB), which specifies replacing the 
``shafts with spline'' with new reinforced shafts. The LBA classified 
this ASB as mandatory and issued AD No. 1998-109, dated February 26, 
1998, in order to assure the continued airworthiness of these 
helicopters in the Federal Republic of Germany.
    This helicopter model is manufactured in the Federal Republic of 
Germany and is type certificated for operation in the United States 
under the provisions of section 21.29 of the Federal Aviation 
Regulations (14 CFR 21.29) and the applicable bilateral airworthiness 
agreement. Pursuant to this bilateral airworthiness agreement, the LBA 
has kept the FAA informed of the situation described above. The FAA has 
examined the findings of the LBA, reviewed all available information, 
and determined that AD action is necessary for products of this type 
design that are certificated for operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other Eurocopter Model EC 135 helicopters of the 
same type design registered in the United States, the proposed AD would 
require replacing each shaft, part number (P/N) L 792M3004 225, with an 
airworthy shaft, P/N L 792M3004 235; re-identifying the left oil cooler 
fan, P/N L792M3004 102 with P/N L 792M3004 103, and right oil cooler 
fan, P/N L792M3005 102 with P/N L 792M3005 103, and reflecting these 
changes in the gearbox component history card or equivalent record. 
Replacing, re-identifying, and recording these changes would be 
considered terminating actions for the requirements of this AD.
    The FAA estimates that 9 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 4 work 
hours per helicopter to replace and re-identify the affected parts and 
record these actions in the gearbox history card or equivalent record, 
and that the average labor rate is $60 per work hour. The manufacturer 
has stated in Alert Service Bulletin EC 135-79A-001, dated January 23, 
1998, that required parts would be provided at no cost. Based on these 
figures, the total cost impact of the proposed AD on U.S. operators is 
estimated to be $2,160 to accomplish the proposed actions on all the 
U.S. fleet.
    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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, 44701.


Sec. 39.13  [Amended]

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

Eurocopter Deutschland GmbH: Docket No. 99-SW-05-AD.

    Applicability: Model EC 135 helicopters, serial numbers 0005 
through 0071, certificated in any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability

[[Page 6927]]

provision, regardless of whether it has been modified, altered, or 
repaired in the area subject to the requirements of this AD. For 
helicopter that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner/
operator must use the authority provided in paragraph (e) to request 
approval from the FAA. This approval may address either no action, 
if the current configuration eliminates the unsafe condition, or 
different actions necessary to address the unsafe condition 
described in this AD. Such a request should include an assessment of 
the effect of the changed configuration on the unsafe condition 
addressed by this AD. In no case does the presence of any 
modification, alteration, or repair remove any helicopter from the 
applicability of this AD.

    Compliance: Required within 50 hours time-in-service, unless 
accomplished previously.
    To prevent failure of an oil cooler fan splined drive shaft 
(shaft), loss of oil cooling, and a subsequent engine shutdown during 
flight, accomplish the following:
    (a) Replace each shaft, part number (P/N) L 792M3004 225, with an 
airworthy shaft, P/N L 792M3004 235.
    (b) Re-identify the P/N on each oil cooler fan (fan) using a rubber 
stamp or smudge-proof paint or equivalent as follows:
    (1) On the left fan, change the P/N from L 792M3004 102 to L 
792M3004 103.
    (2) On the right fan, change the P/N from L 792M3005 102 to L 
792M3005 103.
    (c) Change the P/N on the gearbox component history card or 
equivalent record to reflect the revised part numbers.

    Note 2: Eurocopter Alert Service Bulletin No. EC 135-79A-001, 
dated January 23, 1998, pertains to the subject of this AD.

    (d) Replacing the shaft, re-identifying the fans, and recording 
this on the gearbox component history card or equivalent record 
constitute terminating actions for the requirements of this AD.
    (e) 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, Regulations Group, Rotorcraft Directorate, 
FAA. Operators shall submit their requests through an FAA Principal 
Maintenance Inspector, who may concur or comment and then send it to 
the Manager, Regulations Group.

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

    (f) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the helicopter to a location where the 
requirements of this AD can be accomplished.

    Note 4: The subject of this AD is addressed in Luftfahrt-
Bundesamt (Federal Republic of Germany) AD No. 1998-109, dated 
February 26, 1998.


    Issued in Fort Worth, Texas, on February 7, 2000.
Henry A. Armstrong,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 00-3224 Filed 2-10-00; 8:45 am]
BILLING CODE 4910-13-U