[Federal Register Volume 68, Number 108 (Thursday, June 5, 2003)]
[Proposed Rules]
[Pages 33663-33664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14136]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-08-AD]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Deutschland GmbH Model EC135 
P1, P2, T1, and T2 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes superseding an existing airworthiness 
directive (AD) for Eurocopter Deutschland GmbH (ECD) Model EC135 P1 and 
EC135 T1 model helicopters. That AD currently requires adding the AD or 
a statement to the Rotorcraft Flight Manual (RFM) informing the pilot 
to reduce power and land as soon as practicable if a thump-like sound 
followed by unusual vibration occurs during flight. That AD also 
requires visually inspecting the main rotor drive torque strut assembly 
(strut) for a crack or a break, recording the inspections in the 
historical or equivalent record, and re-marking and relocating the 
strut, as appropriate, and replacing any unairworthy strut with an 
airworthy strut. Also, that AD establishes life limits for certain 
struts and revises the life limit for other struts. This action would 
retain the same requirements but would add the ECD Model EC135 P2 and 
EC135 T2 helicopters to the applicability and would require replacing 
certain life-limited struts with titanium struts. This proposal is 
prompted by the manufacture of a titanium strut that provides a 
permanent correction to the unsafe condition that led to limiting the 
life of other struts that have failed. The actions specified by the 
proposed AD are intended to prevent failure of a strut and subsequent 
loss of control of the helicopter.

DATES: Comments must be received on or before August 4, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-08-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]. 
Comments may be inspected at the Office of the Regional Counsel between 
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

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:

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 will 
be considered before taking action on the proposed rule. The proposals 
contained in this document 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 mailed 
comments submitted in response to this proposal must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2003-SW-08-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    On September 4, 2001, the FAA issued AD 2001-18-13, Amendment 39-
12439 (66 FR 47878, September 14, 2001), to require adding the AD or a 
statement in the Emergency Procedures section of the RFM informing the 
pilot to reduce power and land as soon as practicable if a thump-like 
sound followed by unusual vibration occurs during flight. That AD also 
requires inspecting struts, part number (P/N) L633M1001 103 and 
L633M1001 105; replacing any cracked or broken strut with an airworthy 
strut before further flight; and recording each inspection in the 
helicopter's historical or equivalent record. That AD revised the 
Airworthiness Limitations section of the maintenance manual by 
establishing life limits for certain struts. That action was prompted 
by a report of a thump-like sound heard during flight followed by 
unusual vibrations due to failure of the right-hand (RH) strut between 
the main transmission and the fuselage. The requirements of that AD are 
intended to prevent failure of a strut and subsequent loss of control 
of the helicopter.
    Since issuing that AD, the Luftfahrt-Bundesamt (LBA), the 
airworthiness authority for the Federal Republic of Germany, advises 
that struts, (P/N) L633M1001 103 and L633M1001 105, should not be used 
beyond December 31, 2004. The LBA advises replacing those struts with 
torque struts, P/N L633M1001 104, after January 1, 2005.
    ECD has issued Alert Service Bulletin EC135-63A-002, Revision 2, 
dated June 26, 2002 (ASB), which specifies inspecting for a crack, 
marking strut locations and serial numbers, and transferring the 
location side of the torque struts or replacing each strut, P/N 
L633M1001 103 or L633M10001 105, with a torque strut, P/N L633M1001 
104, that is anodized and not coated with paint, which have no life 
limit. The LBA classified this ASB as mandatory and issued AD No. 2001-
107/2, dated September 19, 2002, 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

[[Page 33664]]

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 previously described unsafe condition is likely to exist or 
develop on other helicopters of the same type design. Therefore, the 
proposed AD would supersede AD 2001-18-13 to require the same actions 
but would add ECD Model EC135 P2 and EC135 T2 helicopters to the 
applicability. Also, the proposed AD would require replacing each 
strut, P/N L633M1001 103 or L633M1001 105, upon reaching its life limit 
with a titanium strut, P/N L633M1001 104, which would constitute 
terminating action for the requirements of this AD. The titanium strut 
must be used in pairs, one on each side of the transmission, and may 
not be used in conjunction with a strut, P/N L633M1001 103 or L633M1001 
105. The titanium strut has no life limit. The proposed AD would 
require a weight and balance adjustment after installing the titanium 
strut. The proposed AD would also require on or before December 31, 
2004, replacing each strut, P/N L633M1001 103 or L633M1001 105, with a 
strut, P/N L633M1001 104.
    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs FAA's AD system. This 
regulation now includes material that relates to special flight 
permits, alternative methods of compliance, and altered products. This 
material previously was included in each individual AD. Since this 
material is included in 14 CFR part 39, we have not included it in this 
AD action.
    The FAA estimates that this proposed AD would affect 50 helicopters 
of U.S. registry. The proposed actions would take approximately \1/2\ 
work hour for the flashlight and mirror inspection; 2.5 work hours to 
remark, relocate, and inspect with a magnifying glass; and 1 hour to 
replace both struts. The average labor rate is $60 per work hour. 
Required parts would cost approximately $9,696 per helicopter. Based on 
these figures, we estimate the total cost impact of the proposed AD on 
U.S. operators to be $496,800.
    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 removing Amendment 39-12439 (66 FR 
47878, September 14, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

Eurocopter Deutschland GmbH: Docket No. 2003-SW-08-AD. Supersedes AD 
2001-18-13, Amendment 39-12439, Docket No. 2001-SW-19-AD.
    Applicability: Model EC135 P1, P2, T1, and T2 helicopters, with 
main rotor drive torque strut assembly (strut), part number (P/N) 
L633M1001 103 or L633M1001 105, installed, certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the strut and subsequent loss of control 
of the helicopter, accomplish the following:
    (a) Before further flight, insert a copy of this AD or a 
statement into the Emergency Procedures Section of the Rotorcraft 
Flight Manual (RFM) to inform the pilot to reduce power and land as 
soon as practicable if a thump-like sound followed by unusual 
vibration occurs during flight.
    (b) Within 10 hours time-in-service (TIS), visually inspect each 
strut with 950 or more hours TIS for a crack or a break using a 
flashlight and a mirror in accordance with the Accomplishment 
Instructions, paragraph 3.B.(1) and 3.B.(2), of Eurocopter Alert 
Service Bulletin EC135-63A-002, Revision 2, dated June 26, 2002 
(ASB). Replace any cracked or broken strut with an airworthy strut 
before further flight.
    (c) Inspect the following struts for a crack or a break, using a 
6-power or higher magnifying glass, and re-mark and relocate each 
strut in accordance with the Accomplishment Instructions, paragraph 
3.C., of the ASB. This AD does not require you to return any part to 
the manufacturer.
    (1) For a strut with less than 950 hours TIS, inspect before 
accumulating 1000 hours TIS.
    (2) For a strut with 950 or more hours TIS, inspect within 50 
hours TIS.
    (3) Replace any cracked or broken strut with an airworthy strut 
before further flight.
    (d) This AD revises the Airworthiness Limitations section of the 
maintenance manual by establishing a life limit of 1000 hours TIS 
for each strut, P/N L633M1001 103 and L633M1001 105, in its original 
location, with an additional 1000 hours TIS if properly re-marked 
and relocated (2000 hours total TIS) in accordance with the 
Accomplishment Instructions, paragraph 3.C.(3) of the ASB.
    (e) Record details of the inspections in the historical or 
equivalent records in accordance with the Accomplishment 
Instructions, paragraph 3.C.(4) of the ASB.
    (f) When a strut, P/N L633M1001 103 or L633M1001 105, reaches 
its life limit, replace it with a titanium strut, P/N L633M1001 104, 
which must be used in pairs, one strut on each side of the 
transmission. The titanium struts have no life limit. After 
installing a strut, P/N L633M1001 104, adjust the weight and balance 
by using the weight and moment stated in the Planning Information, 
paragraph 1.H., of the ASB.
    (g) On or before December 31, 2004, replace each strut, P/N 
L633M1001 103 or L633M1001 105, with a strut, P/N L633M1001 104.
    (h) Replacing struts, P/N L633M1001 103 and L633M1001 105, with 
titanium struts, P/N L633M1001 104, constitutes terminating action 
for the requirements of this AD.
    (i) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Safety Management Group for information about previously 
approved alternative methods of compliance.

    Note: The subject of this AD is addressed in Luftfahrt-Bundesamt 
(Federal Republic of Germany) AD 2001-107/2, dated September 19, 
2002.


    Issued in Fort Worth, Texas, on May 30, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-14136 Filed 6-4-03; 8:45 am]
BILLING CODE 4910-13-P