[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Rules and Regulations]
[Pages 56597-56599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22181]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0398; Directorate Identifier 2011-SW-065-AD;
Amendment 39-17578; AD 2013-18-05]
RIN 2120-AA64
Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for
Eurocopter Deutschland GmbH (ECD) Model EC135P1, EC135P2, EC135P2+,
EC135T1, EC135T2, and EC135T2+ helicopters with certain fire
extinguishing systems installed. This AD requires modifying the fire
extinguishing system injection tubes. This AD is prompted by a report
that the injection tubes are deforming due to heat. The actions
required by this AD are intended to prevent deformation of the fire
extinguishing system injection tubes during a fire, which could result
in impaired distribution of the fire extinguishing agent, failure of
the fire extinguishing system to contain an engine fire, and subsequent
loss of control of the helicopter.
DATES: This AD is effective October 18, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of October 18,
2013.
ADDRESSES: For service information identified in this AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX
75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775;
or at http://www.eurocopter.com/techpub. 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.
Examining the AD Docket
You may examine the AD docket 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 AD docket contains this AD, the foreign authority's AD,
any incorporated-by-reference service information, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (phone: 800-647-5527) is U.S.
Department of Transportation, Docket Operations Office, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Matt Wilbanks, Aviation Safety
Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110;
email [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
On May 8, 2013, at 78 FR 26715, the Federal Register published our
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR
part 39 to include an AD that would apply to ECD Model EC135P1,
EC135P2, EC135P2+, EC135T1, EC135T2, and EC135T2+ helicopters with a
fire extinguishing system part number (P/N) L262M1808101, P/N
L262M1812101, or P/N L262M1812102 installed. The NPRM proposed to
require, within 30 days, cutting out a portion of the existing fire
extinguishing system injection tubes and replacing that portion with a
section of new injection tubing. The proposed requirements were
intended to prevent deformation of the fire extinguishing system
injection tubes during a fire, which could result in impaired
distribution of the fire extinguishing agent, failure of the fire
extinguishing system to contain an engine fire, and subsequent loss of
control of the helicopter.
The NPRM was prompted by AD No. 2011-0172, dated September 7, 2011,
issued by the European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union. EASA
issued AD No. 2011-0172 to correct an unsafe
[[Page 56598]]
condition for ECD Model EC 135 P1, EC 135 P2, EC 135 P2+, EC 135 T1, EC
135 T2, EC 135 T2+, EC 635 T1, EC 635 P2+, and EC 635 T2+ helicopters
with a single engine fire extinguishing system, P/N L262M1808101, P/N
L262M1812101, or P/N L262M1812102, or with a dual engine fire
extinguishing system, P/N L262M1813102, installed. EASA advises that
the fire extinguishing system injection tubes on Model EC 135 and EC
635 helicopters ``are not compliant with the relevant airworthiness
requirements, because they are also forming part of the firewall.''
According to EASA, during an engine fire, this condition may affect the
function of the fire extinguishing system and degrade the fire
containment capability of the system to the extent that it is incapable
of extinguishing an engine fire. For these reasons, EASA issued AD
2011-0172, which requires modification of the affected injection tubes
by removing part of the tubing and replacing it with a section of heat-
resistant injection tubing.
Comments
We gave the public the opportunity to participate in developing
this AD, but we did not receive any comments on the NPRM (78 FR 26715,
May 8, 2013).
FAA's Determination
These helicopters have been approved by the aviation authority of
the Federal Republic of Germany and are approved for operation in the
United States. Pursuant to our bilateral agreement with the Federal
Republic of 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 and that air
safety and the public interest require adopting the AD requirements as
proposed.
Differences Between This AD and the EASA AD
The EASA AD applies to helicopters with a dual engine fire
extinguishing system and this AD does not because these systems are
only installed on helicopters operated by the German Federal Police and
are not operated in the U.S.
Related Service Information
ECD has issued EC135 Alert Service Bulletin No. EC135-26A-003,
Revision 2, dated December 19, 2011, which describes procedures to
remove a section of the fire extinguishing system injection tubing and
replace it with heat-resistant injection tubing.
Costs of Compliance
We estimate that this AD will affect 246 helicopters of U.S.
Registry. We estimate that operators may incur the following costs in
order to comply with this AD. Modifying the injection tubes will
require about 4.5 work-hours at an average labor rate of $85 per hour
and required parts would cost about $900, for a cost of $1,282 per
helicopter and a total cost to U.S. operators of $315,372.
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 helicopters identified in this
rulemaking action.
Regulatory Findings
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 above, 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):
2013-18-05 Eurocopter Deutschland GmbH: Amendment 39-17578; Docket
No. FAA-2013-0398; Directorate Identifier 2011-SW-065-AD.
(a) Applicability
This AD applies to Eurocopter Deutschland GmbH (ECD) Model
EC135P1, EC135P2, EC135P2+, EC135T1, EC135T2, and EC135T2+
helicopters with a fire extinguishing system part number (P/N)
L262M1808101, P/N L262M1812101, or P/N L262M1812102 installed,
certificated in any category.
(b) Unsafe Condition
This AD defines the unsafe condition as deformation of the fire
extinguishing system injection tubes during an engine fire, which
could result in impaired distribution of the fire extinguishing
agent, failure of the fire extinguishing system to contain a fire,
and subsequent loss of control of the helicopter.
(c) Effective Date
This AD becomes effective October 18, 2013.
(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) Within 30 days, modify each fire extinguishing system
injection tube by removing and replacing a section of the tubing in
accordance with the Accomplishment Instructions, paragraph 3.B., of
Eurocopter EC135 Alert Service Bulletin No. EC135-26A-003, Revision
2, dated December 19, 2011.
(2) Do not install an injection tube, P/N L262M1810101, P/N
L262M1811801, or P/N L262M1809101, on any helicopter unless it has
been modified as required by this AD.
(f) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this
[[Page 56599]]
AD. Send your proposal to: Matt Wilbanks, Aviation Safety Engineer,
Rotorcraft Certification Office, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110;
email [email protected].
(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.
(g) Additional Information
The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2011-0172, dated September 7, 2011. You may
view the EASA AD in the AD Docket on the internet at http://www.regulations.gov.
(h) Subject
Joint Aircraft Service Component (JASC) Code: 2620:
Extinguishing System.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 EC135 Alert Service Bulletin No. EC135-26A-003,
Revision 2, dated December 19, 2011.
(ii) Reserved.
(3) For Eurocopter service information identified in this AD,
contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand
Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax
(972) 641-3775; or at http://www.eurocopter.com/techpub.
(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 also 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Fort Worth, Texas, on August 27, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-22181 Filed 9-12-13; 8:45 am]
BILLING CODE 4910-13-P