AD 2014-13-09

[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Rules and Regulations]
[Pages 41095-41098]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-15527]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0440; Directorate Identifier 2013-SW-075-AD; 
Amendment 39-17885; AD 2014-13-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(Type Certificate Previously Held by Eurocopter Deutschland GmbH 
Helicopters) (AHD)

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for AHD 
Model EC135P1, P2, P2+, T1, T2, and T2+ helicopters. This AD requires 
repetitive visual inspections of the ring frame X9227 for a crack and, 
if there is a crack, replacing the ring frame before further flight. 
This AD is prompted by a fatigue crack in the ring frame. These actions 
are intended to detect a crack in the ring frame and prevent loss of 
the tail rotor and subsequent loss of control of the helicopter.

DATES: This AD becomes effective July 30, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of July 30, 2014.
    We must receive comments on this AD by September 15, 2014.

ADDRESSES: You may send comments by any of the following methods:

[[Page 41096]]

    <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 European Aviation Safety 
Agency (EASA) AD, the economic evaluation, any incorporated by 
reference service information, 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 Airbus 
Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX 75052; 
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at 
<a href="http://www.airbushelicopters.com/techpub">http://www.airbushelicopters.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: Matt Fuller, Senior Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 
Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email 
<a href="/cdn-cgi/l/email-protection#94f9f5e0e0fcf1e3baf2e1f8f8f1e6d4f2f5f5baf3fbe2"><span class="__cf_email__" data-cfemail="224f4356564a47550c44574e4e4750624443430c454d54">[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

    We are adopting a new AD for AHD Model EC135P1, P2, P2+, T1, T2, 
and T2+ helicopters with certain mounting ring frames installed. This 
AD requires repetitive visual inspections of the ring frame X9227 for a 
crack and, if there is a crack, replacing the ring frame with an 
airworthy part before further flight. These actions are intended to 
detect a crack in the ring frame and prevent loss of tail rotor and 
subsequent loss of control of the helicopter.
    This AD was prompted by AD No. 2013-0289-E, dated December 6, 2013, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union, to correct an unsafe condition for AHD Model 
EC135P1, EC135P2, EC135P2+, EC135T1, EC135T2, EC135T2+, EC635P2+, 
EC635T1, and EC635T2+ helicopters equipped with mounting ring frame 
X9227, part number (P/N) L535H2120301, P/N L535H2120303, or P/N 
L535H2120304 without frame reinforcement. EASA advises that ring frames 
X9227 with frame reinforcement P/N L535H2100201 are not affected by its 
AD. EASA advises that the fuselage tail boom structure of the EC135/
EC635 type design is connected to the tail rotor ``fenestron'' housing 
by means of a ring frame attached by two rivet rows each. EASA states 
that during a recent post flight check, the pilot detected a crack that 
ran along three rivets across the ring frame. According to EASA, this 
condition if not corrected would gradually reduce the structural 
integrity of the tail boom fenestron attachment, potentially resulting 
in detachment of the fenestron and loss of the helicopter. To address 
this condition, EASA AD No. 2013-0289-E requires repetitive visual 
inspections of the ring frame X9227.

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 issued Safety Information Notice No. 2636-S-53, dated 
October 10, 2013, alerting operators that during a post-flight check a 
pilot discovered a crack at the rear ring frame between the rear 
structure tube and the fenestron box. The Notice reminds operators to 
conduct the dedicated visual ring frame check according to the flight 
manual's pre-flight check so any cracked ring frames will be 
immediately discovered.
    Eurocopter also issued Alert Service Bulletin ASB EC 135-53A-029, 
Revision 0, dated November 19, 2013 (ASB). The ASB specifies, every 50 
flight hours, visually inspecting ring frame X9227 for a crack in 
addition to the visual pre-flight check of the ring frame. The ASB 
states that a crack within the ring frame and between the rivet heads 
is not permissible, and if detected in this area, AHD must be contacted 
before further flight.

AD Requirements

    This AD requires, on or before reaching 100 hours TIS, or within 50 
hours TIS for helicopters with more than 100 hours TIS, and thereafter 
at intervals not to exceed 50 hours TIS, using a 10X or higher power 
magnifying glass and a light, visually inspecting the ring frame X9227 
for a crack between the rivets. If a crack is found, this AD requires, 
before further flight, replacing the ring frame X9227 with an airworthy 
part.

Differences Between This AD and the EASA AD

    The EASA AD applies to EC635P2+, EC635T1, and EC635T2+ helicopters, 
and this AD does not because those helicopters are non-FAA type 
certificated. The EASA AD requires contacting the manufacturer if a 
crack is found in the ring frame. This AD requires replacing the ring 
frame if a crack is found.

Costs of Compliance

    We estimate that this AD will affect 275 helicopters of U.S. 
Registry.
    We estimate that operators may incur the following costs in order 
to comply with this AD. Labor costs are estimated at $85 per work hour. 
We estimate 0.2

[[Page 41097]]

work hour to do the inspection for a total estimated cost of $17 per 
helicopter and $4,675 for the U.S. fleet per inspection cycle. 
Replacing a ring frame will require 5 work hours and $18,500 for parts 
for a total cost of $18,925 per helicopter.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments before 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 before 
adopting this rule because the required corrective actions in a 
structural critical area must be done within 50 hours TIS, a very short 
time period based on the average flight-hour utilization rate for air 
ambulance and law enforcement operations of these helicopters.
    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:
    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):

2014-13-09 Airbus Helicopters Deutschland GmbH (Type Certificate 
Previously Held by Eurocopter Deutschland GmbH): Amendment 39-17885; 
Docket No. FAA-2014-0440; Directorate Identifier 2013-SW-075-AD.

(a) Applicability

    This AD applies to Model EC135P1, P2, P2+, T1, T2, and T2+ 
helicopters with mounting ring frame X9227, part number (P/N) 
L535H2120301, P/N L535H2120303, or P/N L535H2120304, installed, 
except those with frame reinforcement P/N L535H2100201 installed, 
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a fatigue crack in a 
ring frame. This condition could result in loss of a tail rotor and 
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective July 30, 2014.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    (1) On or before 100 hours time-in-service (TIS), or within 50 
hours TIS for helicopters with more than 100 hours TIS, and 
thereafter at intervals not to exceed 50 hours TIS, using a 10X or 
higher power magnifying glass and a light, visually inspect the ring 
frame X9227 for a crack between the rivets as shown in Figure 2 of 
Eurocopter Alert Service Bulletin ASB EC135-53A-029, Revision 0, 
dated November 19, 2013. Paint cracks are permissible.
    (2) If there is a crack, before further flight, replace the ring 
frame X9227 with an airworthy part.

(f) Special Flight Permits

    Special flight permits are prohibited.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Matt Fuller, Senior Aviation 
Safety Engineer, Safety Management Group, Rotorcraft Directorate, 
FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 
222-5110; email <a href="/cdn-cgi/l/email-protection#523f3326263a37257c34273e3e3720123433337c353d24"><span class="__cf_email__" data-cfemail="0c616d787864697b226a796060697e4c6a6d6d226b637a">[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 Safety Information Notice No. 2636-S-53, Revision 
0, dated October 10, 2013, which is not incorporated by reference, 
contains additional information about the subject of this AD. You 
may review a copy of the 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 (EASA) AD No. 2013-0289-E, dated December 6, 2013. You 
may view the EASA AD on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 
in Docket No. FAA-2014-0440.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 5302 Tail Rotor.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Eurocopter Alert Service Bulletin ASB EC135-53A-029, 
Revision 0, dated November 19, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX

[[Page 41098]]

75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-
3775; or at <a href="http://www.airbushelicopters.com/techpub">http://www.airbushelicopters.com/techpub</a>.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137. For information on the availability of this 
material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>. Issued in Fort Worth, 
Texas, on June 25, 2014.

Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2014-15527 Filed 7-14-14; 8:45 am]
BILLING CODE 4910-13-P