[Federal Register Volume 67, Number 14 (Tuesday, January 22, 2002)]
[Rules and Regulations]
[Pages 2802-2804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1451]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-64-AD; Amendment 39-12604; AD 2001-26-52]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Deutschland GmbH 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) 2001-26-52, which was sent 
previously to all known U.S. owners and operators of Eurocopter 
Deutschland GmbH (ECD) Model EC135 helicopters by individual letters. 
This AD requires, before further Instrument Flight Rule (IFR) flight, 
inserting a copy of the AD into the Limitations Section of the 
Rotorcraft Flight Manual (RFM) and replacing each affected Smart 
Multifunction Display (SMD45H) as specified. Removing the AD from the 
RFM is required after replacing each affected SMD45H. This AD is 
prompted by the discovery of an

[[Page 2803]]

error in the assembly of an internal connector of the SMD45H that 
sometimes results in an inversion of the display information. The 
SMD45H provides the flightcrew with essential flight and navigation 
information. The actions specified by this AD are intended to prevent 
erroneous flight or navigation display information, produced by a 
faulty SMD45H, and subsequent loss of control of the helicopter.

DATES: Effective February 6, 2002 to all persons except those persons 
to whom it was made immediately effective by Emergency AD 2001-26-52, 
issued on December 19, 2001, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before March 25, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-64-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: [email protected].

FOR FURTHER INFORMATION CONTACT: Jorge Castillo, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5127, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On December 19, 2001, the FAA issued 
Emergency AD 2001-26-52 for ECD Model EC135 helicopters which requires, 
before further IFR flight, inserting a copy of the AD into the 
Limitations Section of the RFM and replacing each affected SMD45H as 
specified. Removing the AD from the RFM is required after replacing 
each affected SMD45H. That action was prompted by the discovery of an 
error in the assembly of an internal connector of the SMD45H that 
sometimes results in an inversion of the display information. The 
SMD45H provides the flightcrew with essential flight and navigation 
information. The emergency AD was issued to prevent erroneous flight or 
navigation display information, produced by a faulty SMD45H, and 
subsequent loss of control of the helicopter.
    The FAA has reviewed ECD Alert Service Bulletin EC135-31A-002, 
Revision 2, dated November 15, 2001 (ASB). The ASB specifies, in order 
to resume IFR operation, to immediately replace certain SMD45Hs. The 
ASB also specifies affixing placards and inserting RFM supplements 
informing the pilot of display anomalies, certain restrictions, and 
certain limitations until all SMD45Hs have been replaced.
    The Luftfahrt-Bundesamt (LBA), the airworthiness authority for the 
Federal Republic of Germany, notified the FAA that an unsafe condition 
may exist on ECD Model EC135 helicopters. The LBA advises that 
sometimes an inversion of the symbols occurs on some of the SMD45Hs. 
The LBA classified the ASB as mandatory and issued AD No. 2001-306/3, 
dated November 15, 2001, to ensure 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 provision of 14 CFR 21.29 and the applicable bilateral 
agreement. Pursuant to this bilateral 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 operations in the United States.
    Since the unsafe condition described is likely to exist or develop 
on other helicopters of the same type design, the FAA issued Emergency 
AD 2001-26-52 to prevent erroneous flight or navigation display 
information, produced by a faulty SMD45H, and subsequent loss of 
control of the helicopter. The AD requires, before further IFR flight, 
the following:
     Inserting a copy of the AD into the Limitations Section of 
the RFM to prohibit IFR flight until the affected SMD45Hs are replaced.
     Replacing each affected SMD45H with the corresponding 
SMD45Hs as specified in the AD.
     After replacing the SMD45Hs in accordance with the AD, 
removing the AD from the RFM.
    Replacing each specified SMD45H and removing the AD from the RFM 
are terminating actions for the requirements of the AD. The short 
compliance time involved is required because the previously described 
critical unsafe condition can adversely affect the controllability of 
the helicopter. Therefore, the actions described previously are 
required before further IFR 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 and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on December 19, 2001 to all known U.S. owners and operators of 
ECD Model EC135 helicopters. These conditions still exist, and the AD 
is hereby published in the Federal Register as an amendment to 14 CFR 
39.13 to make it effective to all persons.
    The FAA estimates that 15 helicopters of U.S. registry will be 
affected by this AD, that it will take approximately 6 work hours per 
helicopter to replace each SMD45H, and that the average labor rate is 
$60 per work hour. The manufacturer has stated that they will provide 
the SMD45Hs at no cost. Based on these figures, the total cost impact 
of the AD on U.S. operators is estimated to be $5400 to replace an 
SMD45H on each affected helicopter.

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 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 mailed 
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. 2001-SW-64-AD.'' The postcard will be date 
stamped and returned to the commenter.
    The regulations adopted herein will not have a substantial direct 
effect on

[[Page 2804]]

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 
final rule does not have federalism implications under Executive Order 
13132.
    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 
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth, Texas.

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, 44701.


Sec. 39.13  [Amended]

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

2001-26-52  Eurocopter Deutschland GMBH: Amendment 39-12604. Docket 
No. 2001-SW-64-AD.
    Applicability: Model EC135 helicopters with a Smart 
Multifunction Display (SMD45H) as the primary flight display (PFD) 
or navigation display (ND), 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 (e) 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 before further Instrument Flight Rule (IFR) 
flight, unless accomplished previously.
    To prevent erroneous flight or navigation display information, 
produced by a faulty SMD45H, and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Insert a copy of this AD into the Limitations Section of the 
Rotorcraft Flight Manual (RFM) to prohibit IFR flight until the old 
part-numbered SMD45Hs listed in Table 1 of this AD are replaced.
    (b) Replace each old part-numbered SMD45H with the corresponding 
new part-numbered SMD45H as specified in Table 1 of this AD.

             Table 1.--Retrofit Kit EC135-31A-002-2.C SMD45H
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                                                             New Part
                     Old Part Number                          Number
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(1) C19209VF11..........................................      C19209VG11
(2) C19267VF11..........................................      C19267VG11
(3) C19209SF10..........................................      C19209SG10
(4) C19267SF10..........................................      C19267SG10
(5) C19267RF10..........................................      C19267RG10
(6) C19209NF10..........................................      C19209NG10
(7) C19267NF10..........................................      C19267NG10
(8) C19209HF09..........................................      C19209VG11
(9) C19267GF09..........................................      C19267GG09
(10) C19267DF10.........................................      C19267DG10
------------------------------------------------------------------------

    (c) After replacing the old part-numbered SMD45Hs in accordance 
with paragraph (b) of this AD, remove this AD from the RFM.
    (d) Replacing each specified SMD45H and removing this AD from 
the RFM are 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 2: 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 will not be issued.
    (g) This amendment becomes effective on February 6, 2002, to all 
persons except those persons to whom it was made immediately 
effective by Emergency AD 2001-26-52, issued December 19, 2001, 
which contained the requirements of this amendment.

    Note 3: The subject of this AD is addressed in Luftfahrt-
Bundesamt (Federal Republic of Germany) AD 2001-306/3, dated 
November 15, 2001.


    Issued in Fort Worth, Texas, on January 11, 2002.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-1451 Filed 1-18-02; 8:45 am]
BILLING CODE 4910-13-P