[Federal Register Volume 67, Number 133 (Thursday, July 11, 2002)]
[Rules and Regulations]
[Pages 45897-45899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17300]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-15-AD; Amendment 39-12817; AD 2002-14-17]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Deutschland GmbH Model EC135 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to Eurocopter Deutschland GmbH (ECD) (Eurocopter) 
Model EC135 helicopters, that currently requires initial and repetitive 
visual inspections and a one-time dye-penetrant inspection of a certain 
main rotor hub shaft (shaft) for cracks, and replacement of any cracked 
shafts. This amendment requires the same actions as the existing AD, 
but corrects the shaft part number (P/N) in the current AD, includes 
additional P/N's, increases the area of inspection from a 40mm area to 
a 50mm area of the shaft, and provides an option for using either a 
visual or dye-penetrant inspection to satisfy the repetitive inspection 
requirement. This amendment is prompted by the need to correct the 
shaft part number and increase the area of inspection, as well as add 
additional affected shaft P/N's. 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 26, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before September 9, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2002-SW-15-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: Richard Monschke, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5116, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On July 1, 1999, the FAA published emergency 
AD 99-12-01, issued on May 27, 1999, as Amendment 39-11217 (64 FR 
35559), to require initial and repetitive visual inspections and a one-
time dye-penetrant inspection of the shaft for cracks, and replacing 
the shaft if a crack is found. That action was prompted by the 
discovery of fatigue cracks on the shaft of this model helicopter. That 
condition, if not corrected, could result in shaft failure and 
subsequent loss of control of the helicopter.
    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, following a recent test run, cracks have been found on a 
shaft.
    Since the issuance of AD 99-12-01, the manufacturer has released 
Eurocopter Alert Service Bulletin EC135-62A-004, Revision 3, dated 
November 10, 2000, that increases the area of the shaft to be inspected 
from 40mm to 50mm. The LBA classified this alert service bulletin as 
mandatory and issued AD 1999-185/4, dated October 18, 2001, to ensure 
the continued airworthiness of these helicopters in the Federal 
Republic of Germany. That AD requires initial and repetitive visual 
inspections or dye-penetrant inspections, and replacing the shaft 
before the next flight if any crack is found.
    The FAA has determined that AD 99-12-01 contained an error in the 
applicable shaft P/N-P/N L623M100S 101 should have been stated as P/N 
L623M1003 101. Also, the FAA has determined that additional shaft P/N's 
should have been included in the AD and that operators should have an 
option with regard to the repetitive inspections of either conducting a 
visual inspection at intervals not to exceed 15 hours time-in-service 
(TIS) or a dye-penetrant inspection at intervals not to exceed 100 
hours TIS.
    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.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other Eurocopter Model EC135 helicopters of the 
same type design, this AD supersedes AD 99-12-01 to require an initial 
visual inspection, and either repetitive visual inspections or 
repetitive dye-penetrant inspections of the shaft for a crack, and 
replacement of any cracked shafts. The short compliance time involved 
is required because the previously described critical unsafe condition 
can adversely affect the structural integrity and controllability of 
the helicopter. Therefore, an initial visual inspection of the shaft 
for cracks and replacement of any cracked shaft is required before 
further flight, 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 40 helicopters will be affected by this AD, 
that it will take approximately 0.5 work hours to accomplish the visual 
inspections, 1 work hour per helicopter to accomplish the dye-penetrant 
inspection, and 16 work hours to replace a shaft, if necessary; and 
that the average labor rate is $60 per work hour. Required parts will 
cost approximately $39,000

[[Page 45898]]

per helicopter. Based on these figures, the total cost impact of the AD 
on U.S. operators is estimated to be $561,120, assuming one visual 
inspection and 200 dye-penetrant inspections per helicopter and that 
only 2 shafts need replacing.

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 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. 2002-SW-15-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, 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 removing Amendment 39-11217 (64 FR 
35559, July 1, 1999), and by adding a new airworthiness directive (AD), 
Amendment 39-12817, to read as follows:

AD 2002-14-17  Eurocopter Deutschland GMBH: Amendment 39-12817. 
Docket No. 2002-SW-15-AD. Supersedes AD 99-12-01, Amendment 39-
11217, Docket No. 99-SW-38-AD.

    Applicability: Model EC135 helicopters, with main rotor hub 
shaft (shaft) assemblies, part numbers L623M1003 101, L623M1003 102, 
L623M1003 103, L623M1003 104, L623M1003 105, L623M1003 106, or 
L623F1003 107, 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 (f) 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 fatigue cracks in the shaft that could lead to shaft 
failure and subsequent loss of control of the helicopter, accomplish 
the following:
    (a) Before further flight, clean and visually inspect the shaft 
for cracks in the area as shown in the following Figure 1:

[[Page 45899]]

[GRAPHIC] [TIFF OMITTED] TR11JY02.026

BILLING CODE 4910-13-C
    (b) Within 10 hours time-in-service (TIS) after accomplishing 
the visual inspection required by paragraph (a) of this AD, clean 
and dye-penetrant inspect the shaft for cracks in the area as shown 
in Figure 1 of this AD.
    (c) Thereafter, visually inspect the shaft for cracks in 
accordance with paragraph (a) of this AD at intervals not to exceed 
15 hours TIS, or dye-penetrant inspect the shaft for cracks in 
accordance with paragraph (b) of this AD at intervals not to exceed 
100 hours TIS.

    Note 2: Eurocopter Alert Service Bulletin EC135-62A-004, 
Revision 3, dated November 10, 2000, pertains to the subject of this 
AD.

    (d) If a crack is discovered during any shaft inspections, 
remove the shaft and replace it with an airworthy shaft.
    (e) Report any cracked shaft within 5 calendar days to the 
Rotorcraft Standards Staff, Rotorcraft Directorate, Fort Worth, 
Texas 76193-0110, telephone (817) 222-5116, fax (817) 222-5961. 
Information collection requirements contained in this AD have been 
approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.) and have been assigned OMB Control Number 2120-0056.
    (f) 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.

    (g) 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.
    (h) This amendment becomes effective on July 26, 2002.

    Note 4: The subject of this AD is addressed in Luftfahrt-
Bundesamt (Federal Republic of Germany) AD 1999-185/4, dated October 
18, 2001.


    Issued in Fort Worth, Texas, on July 3, 2002.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-17300 Filed 7-10-02; 8:45 am]
BILLING CODE 4910-13-P