[Federal Register Volume 73, Number 22 (Friday, February 1, 2008)]
[Rules and Regulations]
[Pages 6008-6011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1702]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0101; Directorate Identifier 2007-SW-76-AD; 
Amendment 39-15357; AD 2007-26-51]
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) 2007-26-51, which was sent 
previously to all known U.S. owners and operators of Eurocopter 
Deutschland GmbH (Eurocopter) Model EC135 helicopters by individual 
letters. This AD requires, within 5 hours time-in-service (TIS), 
inspecting the tail rotor control rod (control rod) and adjoining ball 
pivot and replacing any unairworthy parts before further flight. This 
amendment is prompted by a report of a fatal accident involving the 
failure of a control rod. The actions specified by this AD are intended 
to prevent failure of a control rod and subsequent loss of control of 
the helicopter.

[[Page 6009]]


DATES: Effective February 19, 2008, to all persons except those persons 
to whom it was made immediately effective by Emergency AD 2007-26-51, 
issued on December 14, 2007, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before April 1, 2008.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from 
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 
75053-4005, telephone (972) 641-3460, fax (972) 641-3527.
    Examining the Docket: You may examine the docket that contains the 
AD, any comments, and other information on the Internet at http://www.regulations.gov, or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Operations office (telephone (800) 647-5527) is 
located in Room W12-140 on the ground floor of the West Building at the 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Chinh Vuong, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5116, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On December 14, 2007, the FAA issued 
Emergency AD 2007-26-51 for Eurocopter Model EC135 helicopters, which 
requires, within 5 hours TIS, inspecting the control rod and adjoining 
ball pivot and replacing any unairworthy parts before further flight. 
That action was prompted by a report of a fatal accident involving the 
failure of a control rod. This condition, if not corrected, could 
result in the failure of a control rod and subsequent loss of control 
of the helicopter.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, notified us that 
an unsafe condition may exist on Eurocopter EC135 and EC635 
helicopters. EASA advises that an accident recently occurred with an 
EC135 helicopter in Japan. Preliminary investigation results indicate 
that the helicopter loss of control was due to the failure of the 
control rod.
    Eurocopter has issued Alert Service Bulletin No. EC135-67A-017, 
dated December 13, 2007 (ASB), which specifies procedures for checking 
the attachment hardware on the control rod for a tight fit, checking 
the ball pivot for damage and freedom of movement, and replacing any 
damaged part before the next flight. EASA classified this ASB as 
mandatory and issued EASA AD No. 2007-0301-E, dated December 13, 2007, 
to ensure the continued airworthiness of these helicopters in the 
Federal Republic of Germany.
    These helicopter models are manufactured in the Federal Republic of 
Germany and are 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, EASA has 
kept the FAA informed of the situation. The FAA has examined the 
findings of EASA, 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 the unsafe condition described is likely to exist or develop 
on other Eurocopter Model EC135 helicopters of the same type design, 
the FAA issued Emergency AD 2007-26-51 to prevent failure of a control 
rod and subsequent loss of control of the helicopter. The AD requires, 
within 5 hours TIS, inspecting the control rod and adjoining ball pivot 
and replacing any unairworthy parts before further flight. The short 
compliance time involved is required because the previously described 
critical unsafe condition can adversely affect the controllability of 
the helicopter. Therefore, within 5 hours TIS, inspecting the control 
rod and adjoining ball pivot and replacing any unairworthy parts before 
further flight are required, 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 14, 2007, to all known U.S. owners and operators of 
Eurocopter 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 this AD will affect 163 helicopters of U.S. 
registry. We estimate 1 work hour to inspect the control rod and ball 
pivot and 3 work hours to replace a control rod or ball pivot, if 
necessary, at an average labor rate of $80 per work hour. Required 
parts will cost $400 for the control rod and $675 for the ball pivot, 
per helicopter. Based on these figures, we estimate the total cost 
impact of the AD on U.S. operators to be $32,765, assuming 15 
helicopters require a control rod and ball pivot to be replaced.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any written data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2008-0101; Directorate 
Identifier 2007-SW-76-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of the AD. We will consider all 
comments received by the closing date and may amend the AD in light of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact 
with FAA personnel concerning this AD. Using the search function of our 
docket web site, you can find and read the comments to any of our 
dockets, including the name of the individual who sent the comment. You 
may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://www.regulations.gov for the Federal government privacy notice.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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

[[Page 6010]]

responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared an economic evaluation of the estimated costs to comply 
with this AD. See the AD docket to examine the economic evaluation.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
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

0
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]

0
2. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2007-26-51 Eurocopter Deutschland GmbH: Amendment 39-15357. Docket 
No. FAA-2008-0101; Directorate Identifier 2007-SW-76-AD.

Applicability

    Model EC135 helicopters, serial number (S/N) 0005 up to and 
including S/N 0444, except S/N 0028, and with tail rotor control rod 
(control rod), part number L672M2005207, installed, certificated in 
any category.

Compliance

    Required as indicated, unless accomplished previously.
    To prevent the failure of a control rod and subsequent loss of 
control of the helicopter, do the following:
    (a) Within 5 hours time-in-service (TIS), inspect the control 
rod, shown in item 7, Figure 1, of this AD, with the parts 
identified in parenthesis as follows:
    (1) Pull the control rod (7) until it reaches its stop position. 
Inspect attachment hardware of control rod (7) for a tight fit. 
Manually inspect for possible relative motion between control rod 
(7) and yaw actuator (8).
    (2) Inspect the locking plate (9) for a tight fit.
    (3) Visually inspect the attachment hardware between control rod 
(7) and yaw actuator (8) for play or thread exposure. If play or 
thread exposure is found, before further flight, replace the control 
rod with an airworthy control rod.
    (b) Inspect the ball pivot as shown in item 11, Figure 1, of 
this AD by removing the tail rotor drive shaft fairing and 
inspecting for a loose bearing or play. If a loose bearing or play 
is found, before further flight, replace the ball pivot with an 
airworthy ball pivot.
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    Note 1: Eurocopter Alert Service Bulletin No. EC135-67A-017, 
dated December 13, 2007, pertains to the subject of this AD.

    (c) 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 Manager, Safety Management Group, FAA, ATTN: Chinh 
Vuong, Rotorcraft Directorate, Fort Worth, Texas 76193-0111, 
telephone (817) 222-5116, fax (817) 222-5961, for information about 
previously approved alternative methods of compliance.

    Note 2: The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2007-0301-E, dated December 13, 2007.

    (d) This amendment becomes effective on February 19, 2008, to 
all persons except those persons to whom it was made immediately 
effective by Emergency AD No. 2007-26-51, issued December 14, 2007, 
which contained the requirements of this amendment.

    Issued in Fort Worth, Texas, on January 23, 2008.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-1702 Filed 1-31-08; 8:45 am]
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