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superseded an earlier related EAD.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:
Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the
online instructions for sending your comments electronically.
Fax: 202-493-2251.
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.
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 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 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 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.

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
gary.b.roach@faa.gov.

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 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:
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.
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.
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:

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

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. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):