[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Rules and Regulations]
[Pages 37666-37667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13290]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-69-AD; Amendment 39-12762; AD 2002-11-01]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Deutschland Model EC135 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
Eurocopter Deutschland (Eurocopter) Model EC135 helicopters with 
Turbomeca Arrius 2B1 engines installed. This action requires modifying 
the engine electrical control unit (FADEC) software and the collective 
linear transducer (LVDT). This amendment is prompted by a parameter 
discrepancy within the engine fuel main metering unit that is 
transmitted to the FADEC. This condition, if not corrected, could 
result in deactivation of the engine main fuel-metering valve, loss of 
automatic control of the affected engine, and subsequent loss of 
control of the helicopter.

DATES: Effective June 14, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 14, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before July 29, 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-69-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] 
telephone (972) 641-3460, fax (972) 641-3527. The Turbomeca service 
information may be obtained from Turbomeca, DSO/T/NORIA Arrius 2 B1 TU 
19C, 64 511 Bordes Cedex, France. This information may be examined at 
the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth, Texas; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Paul Madej, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, 
Texas 76193-0110, telephone (817) 222-5125, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: 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 EC135 
helicopters. The LBA advises that installing modified engine-control 
software is necessary to sustain automatic engine control.
    Eurocopter has issued Alert Service Bulletin No. EC135-71A-019, 
dated August 30, 2001, which specifies modifications to the FADEC 
software and modifications to the LVDTs. Turbomeca has issued Service 
Bulletin No. 319 73 2019, dated March 26, 2001, which provides 
instructions for replacing the FADEC, or alternatively modifying the 
FADEC software. The LBA classified these service bulletins as 
mandatory, and issued AD 2001-304/2, effective October 19, 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 provisions of 14 CFR 21.29 and the applicable bilateral 
agreement. Pursuant to the applicable 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 operation in the United States.
    This unsafe condition is likely to exist or develop on other 
helicopters of the same type design registered in the United States. 
Therefore, this AD is being issued to prevent deactivation of the 
engine main fuel-metering valve, loss of automatic control of the 
affected engine, and subsequent loss of control of the helicopter. This 
AD requires modifying the FADEC software and the LVDTs. The actions 
must be accomplished in accordance with the service bulletins described 
previously. The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
engine power and controllability of the helicopter. Therefore, 
modifying the FADEC software and the LVDTs are required within 50 hours 
time-in-service, and this AD must be issued immediately.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.
    The FAA estimates that 22 helicopters will be affected by this AD, 
that it will take approximately 10 work hours to accomplish the 
modifications, and that the average labor rate is $60 per work hour. 
The manufacturer has stated that parts will be provided at no cost. 
Based on these figures, the total cost impact of the AD on U.S. 
operators is estimated to be $13,200.

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

[[Page 37667]]

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-69-AD.'' The postcard will be date 
stamped and returned to the commenter.
    The regulations adopted herein 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. 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 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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.


[sect] 39.13  [Amended]

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

2002-11-01 Eurocopter Deutschland: Amendment 39-12762. Docket No. 
2001-SW-69-AD.

    Applicability: Model EC135 helicopters with Turbomeca Arrius 2B1 
engines 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 within 50 hours time-in-service, unless 
accomplished previously.
    To prevent deactivation of the engine main fuel-metering valve, 
an engine electrical control unit (FADEC) fail caution indication 
display to the pilot, loss of automatic control of the affected 
engine, and subsequent loss of control of the helicopter, accomplish 
the following:
    (a) Modify the FADEC software in accordance with the Operating 
Instructions, paragraph 2.B., of Turbomeca Service Bulletin No. 319 
73 2019, dated March 26, 2001.
    (b) Modify the collective linear transducers (LVDTs) in 
accordance with the Accomplishment Instructions, paragraph 3.C., of 
Eurocopter Alert Service Bulletin EC135-71A-019, dated August 30, 
2001.
    (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, 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.

    (d) Special flight permits may be issued in accordance with 14 
CFR 21.197 and 21.199 to operate the helicopter to a location where 
the requirements of this AD can be accomplished.
    (e) The modifications shall be done in accordance with 
Eurocopter Alert Service Bulletin No. EC135-71A-019, dated August 
30, 2001, and Turbomeca Service Bulletin No. 319 73 2019, dated 
March 26, 2001. These incorporations by reference were approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained from American 
Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 
75053-4005, telephone (972) 641-3460, fax (972) 641-3527; and 
Turbomeca, DSO/T/NORIA Arrius 2 B1 TU 19C, 64 511 Bordes Cedex, 
France. Copies may be inspected at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, 
Texas; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on June 14, 2002.

    Note 3: The subject of this AD is addressed in Luftfahrt-
Bundesamt (Federal Republic of Germany) AD 2001-304/2, dated October 
19, 2001.


    Issued in Fort Worth, Texas, on May 20, 2002.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-13290 Filed 5-29-02; 8:45 am]
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