AD 2012-10-53

[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Rules and Regulations]
[Pages 69558-69562]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-28100]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1188; Directorate Identifier 2012-SW-049-AD; 
Amendment 39-17254; AD 2012-10-53]
RIN 2120-AA64


Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for 
Eurocopter Deutschland GmbH (ECD) Model EC135 P1, EC135 P2, EC135 P2+, 
EC135 T1, EC135 T2, and EC135 T2+ helicopters. This is the Federal 
Register publication of an Emergency AD (EAD) that was previously sent 
to all known owners and operators of these helicopters. That EAD 
superseded an earlier related EAD. This AD requires, before further 
flight and at specified intervals, checking and inspecting the upper 
and lower main rotor hub (MRH) shaft flanges for a crack, and 
inspecting the lower hub-shaft flange bolt attachment areas for a 
crack. This AD is prompted by three reported incidents of cracking on 
the lower hub-shaft flanges of EC135 model helicopters. These actions 
are intended to detect a crack on the hub-shaft flange, which if not 
corrected could result in failure of the MRH and subsequent loss of 
control of the helicopter.

DATES: This AD becomes effective December 5, 2012 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
No. 2012-10-53, issued on May 18, 2012, which contained the 
requirements of this AD.
    We must receive comments on this AD by January 22, 2013.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
    <bullet> Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at the Docket Operations Office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the economic evaluation, any 
comments received, and other information. The street address for the 
Docket Operations Office (telephone 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.
    For service information identified in this AD, contact American 
Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, Texas 
75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; 
or at <a href="http://www.eurocopter.com/techpub">http://www.eurocopter.com/techpub</a>. You may review the referenced 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 
76137.

FOR FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer, 
Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email 
<a href="/cdn-cgi/l/email-protection#92f5f3e0ebbcf0bce0fdf3f1fad2f4f3f3bcf5fde4"><span class="__cf_email__" data-cfemail="a7c0c6d5de89c589d5c8c6c4cfe7c1c6c689c0c8d1">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, we 
invite you to participate in this rulemaking by submitting written 
comments, data, or views. We also invite comments relating to the 
economic, environmental, energy, or federalism impacts that resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit them only one time. We will file in the docket all comments that 
we receive, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    On May 15, 2012, we issued Emergency AD 2012-10-51 for the ECD 
Model EC135 series helicopters to detect a crack on the MRH shaft 
flange. Emergency AD 2012-10-51 required a pilot check of the lower MRH 
shaft flange for a crack or deformed blade attachment bolt safety pins 
before the first flight of each day, inspecting the upper and lower MRH 
shaft flanges for a crack within 5 hours time-in-service (TIS), and 
replacing the MRH shaft if there is a crack.
    After we issued Emergency AD 2012-10-51, the European Aviation 
Safety

[[Page 69559]]

Agency (EASA), which is the Technical Agent for the Member States of 
the European Union, issued EASA AD No. 2012-0085-E, dated May 17, 2012 
(2012-0085-E), which superseded EASA AD No. 2012-0041R1, dated March 
15, 2012 (2012-0041R1), to correct an unsafe condition for the ECD 
Model EC 135 series helicopters. EASA advises that since issuing 2012-
0041R1, further cracks have been detected on two other helicopters 
during the pre-flight checks. These are the same two cracks that 
prompted our Emergency AD. However, EASA also states that 
identification of deformed safety pins may not be sufficient to detect 
a crack on the MRH shaft flange. ECD is investigating the cause of the 
cracks and has developed new inspection procedures with further 
corrective actions. Therefore, we issued superseding Emergency AD 2012-
10-53 on May 18, 2012, to detect a crack on the MRH shaft flange, which 
if not corrected could result in failure of the MRH and subsequent loss 
of control of the helicopter.
    When we issued superseding Emergency AD 2012-10-53, we included 
additional part-numbered MRH shafts that should have been included in 
EAD 2012-10-51, changed the daily checks to recurring checks at 
intervals not to exceed 6 hours TIS, added a 10 hour-TIS recurring 
inspection on MRH shafts with 400 or more hours TIS, and removed the 
check of the blade attachment bolt safety pins for deformation.
    This is the Federal Register publication of Emergency AD 2012-10-53 
as Amendment 39-17254; AD 2012-10-53. There are no differences in the 
regulatory language or requirements between this AD and that Emergency 
AD as it was previously sent to all known owners and operators of these 
helicopters.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Germany and are approved for operation in the United States. Pursuant 
to our bilateral agreement with Germany, EASA, its technical 
representative, has notified us of the unsafe condition described in 
the EASA AD. We are issuing this AD because we evaluated all 
information provided by EASA and determined the unsafe condition exists 
and is likely to exist or develop on other helicopters of these same 
type designs.

Related Service Information

    Eurocopter has issued Emergency Alert Service Bulletin EC135-62A-
029, Revision 2, dated May 17, 2012 (EC135-62A-029), which describes 
procedures for conducting a repetitive check of the visible area of the 
upper and lower MRH shaft flanges and a repetitive inspection of the 
area of the blade bolts lower MRH shaft flange.

AD Requirements

    This AD supersedes Emergency AD 2012-10-51 and requires the 
following:
    <bullet> Before further flight, and thereafter at intervals not to 
exceed 6 hours TIS, checking the lower MRH shaft flange and the visible 
area of the upper MRH shaft flange for a crack. An owner/operator 
(pilot) may perform this required visual check and must enter 
compliance with the applicable paragraph of this AD into the helicopter 
maintenance records in accordance with 14 CFR 43.9(a)(1)-(4) and 
91.417(a)(2)(v). A pilot may perform this check because it involves 
only looking at the visible area of the MRH shaft flanges and can be 
performed equally well by a pilot or a mechanic. This check is an 
exception to our standard maintenance regulations.
    <bullet> For an MRH shaft with 400 or more hours TIS, within 10 
hours TIS, and thereafter at intervals not to exceed 10 hours TIS, 
removing the rotor-hub cap; inspecting the upper and lower hub-shaft 
flanges for a crack; removing the blade attachment bolt safety pins, 
nut, and washer; and inspecting the lower hub-shaft flange bolt 
attachment areas for a crack.
    <bullet> If there is a crack, replacing the MRH shaft.

Differences Between This AD and the EASA AD

    The EASA AD identifies ECD Alert Service Bulletin EC135-62A-029, 
Revision 1, dated May 16, 2012. This AD references Revision 2. The EASA 
AD requires you to report the findings and sending any cracked MRH to 
ECD, and this AD does not. The EASA AD requires the initial check 
within 3 days, while this AD requires the check before further flight.

Interim Action

    We consider this AD to be an interim action. Eurocopter is 
currently developing a modification that will address the unsafe 
condition identified in this AD. Once this modification is developed, 
approved, and available, we might consider additional rulemaking.

Costs of Compliance

    We estimate that this AD will affect 244 helicopters of U.S. 
Registry. We estimate inspecting the MRH shaft flanges will require 2.5 
hours at an average labor rate of $85 per work-hour, for a total cost 
per helicopter of $212 and a total cost to U.S. operators of $51,850 
per inspection cycle. Replacing an MRH shaft will require about 8 hours 
at an average labor rate of $85 per work-hour, and required parts will 
cost $55,715, for a total cost per helicopter of $56,395.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD requirements would delay implementing the safety actions 
needed to correct this known unsafe condition. Therefore, we find that 
the risk to the flying public justifies waiving notice and comment 
prior to the adoption of this rule because the required corrective 
actions must be accomplished before further flight.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and that good 
cause exists for making this amendment effective in less than 30 days.

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.

Regulatory Findings

    We 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 
responsibilities among the various levels of government.
    For the reasons discussed, I certify that this AD:

[[Page 69560]]

    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. 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 and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2012-10-53 Eurocopter Deutschland GMBH (ECD): Amendment 39-17254; 
Docket No. FAA-2012-1188; Directorate Identifier 2012-SW-049-AD.

(a) Applicability

    This AD applies to Model EC135 P1, EC135 P2, EC135 P2+, EC135 
T1, EC135 T2, and EC135 T2+ helicopters, with a main rotor hub (MRH) 
shaft, part number (P/N) L623M1006101, L623M1206101, L623M1006102, 
L623M1206102, L623M1006103, or L623M1206103 installed, certificated 
in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the MRH shaft 
flange, which could result in failure of the MRH shaft and 
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective December 5, 2012 to all persons except 
those persons to whom it was made immediately effective by Emergency 
AD No. 2012-10-53, issued on May 18, 2012, which contained the 
requirements of this AD.

(d) Other Affected ADs

    This AD supersedes Emergency AD No. 2012-10-51, dated May 15, 
2012.

(e) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time.

(f) Required Actions

    (1) Before further flight, and thereafter at intervals not to 
exceed 6 hours time-in-service (TIS), check the MRH shaft lower 
flange and the visible area of the MRH shaft upper flange for a 
crack. Figures 1 and 2 to Paragraph (f)(1) of this AD are examples 
of cracks that have been discovered in the MRH shaft lower flange. 
The actions required by this paragraph may be performed by the 
owner/operator (pilot) holding at least a private pilot certificate, 
and must be entered into the aircraft records showing compliance 
with this AD in accordance with 14 CFR 43.9 (a)(1)-(4) and 14 CFR 
91.417(a)(2)(v). The record must be maintained as required by 14 CFR 
91.417, 121.380, or 135.439.
[GRAPHIC] [TIFF OMITTED] TR20NO12.000

    (2) For MRH shafts with 400 or more hours TIS, within 10 hours 
TIS, and thereafter at intervals not to exceed 10 hours TIS:
    (i) Remove rotor-hub cap.
    (ii) Clean the upper and lower MRH shaft flange as depicted in 
Figure 3 to Paragraph (f)(2)(ii) of this AD and visually inspect for 
a crack.

[[Page 69561]]

[GRAPHIC] [TIFF OMITTED] TR20NO12.001

    (iii) Remove the safety pins and nut from each blade bolt and 
the washers from the lower MRH shaft flange.
    (iv) Clean the blade bolt attachment area.
    (v) Using a 10X or higher power magnification, inspect all lower 
MRH shaft flange blade bolt attachment areas for a crack as shown in 
Figure 4 to Paragraph (f)(2)(v) of this AD.
[GRAPHIC] [TIFF OMITTED] TR20NO12.002


[[Page 69562]]


    (3) If there is a crack in the upper or lower MRH shaft flange, 
before further flight, replace the MRH shaft. Replacing the MRH 
shaft with an MRH shaft having a part number listed in the 
applicability of this AD does not constitute terminating action for 
the requirements of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Gary Roach, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email <a href="/cdn-cgi/l/email-protection#640305161d4a064a160b05070c240205054a030b12"><span class="__cf_email__" data-cfemail="99fef8ebe0b7fbb7ebf6f8faf1d9fff8f8b7fef6ef">[email&#160;protected]</span></a>.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

(h) Additional Information

    (1) Eurocopter Emergency Alert Service Bulletin EC135-62A-029, 
Revision 2, dated May 17, 2012, which is not incorporated by 
reference, contains additional information about the subject of this 
AD. For service information identified in this AD, contact American 
Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, Texas 
75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-
3775; or at <a href="http://www.eurocopter.com/techpub">http://www.eurocopter.com/techpub</a>. You may review this 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 
76137.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency AD No. 2012-0085-E, dated May 17, 2012.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6220, Main Rotor 
Head.

    Issued in Fort Worth, Texas, on October 30, 2012.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-28100 Filed 11-19-12; 8:45 am]
BILLING CODE 4910-13-P