[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Pages 47410-47413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18707]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0656; Product Identifier 2019-SW-039-AD; Amendment 
39-19722; AD 2019-17-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model EC135P1, 
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 
helicopters. This AD requires inspecting certain part-numbered 
actuators for corrosion, and removing them from service as necessary. 
This AD also requires reporting certain information to Airbus 
Helicopters. This AD is prompted by a hard landing of a helicopter and 
discovery of a ruptured and displaced tie bar inside the piston of the 
longitudinal single-axis actuator of the main rotor actuator (MRA). The 
actions of this AD are intended to address an unsafe condition on these 
products.

DATES: This AD becomes effective September 25, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of September 25, 
2019.
    The FAA must receive comments on this AD by November 12, 2019.

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 by searching for and locating Docket No. FAA-2019-
0656; or in person at Docket Operations 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, any service 
information that is incorporated by reference, the economic evaluation, 
any comments received, and other information. The street address for 
Docket Operations is listed above. Comments will be available in the AD 
docket shortly after receipt.
    For service information identified in this final rule, contact 
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; 
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at 
http://www.helicopters.airbus.com/website/

[[Page 47411]]

en/ref/Technical-Support_73.html. You may review the referenced service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177. It is 
also available on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2019-0656.

FOR FURTHER INFORMATION CONTACT: David Hatfield, Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not provide you with notice and an opportunity 
to provide your comments prior to it becoming effective. However, the 
FAA invites you to participate in this rulemaking by submitting written 
comments, data, or views. The FAA also invites 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. The FAA will file in the docket all comments 
that the FAA receives, as well as a report summarizing each substantive 
public contact with FAA personnel concerning this rulemaking during the 
comment period. The FAA will consider all the comments received and may 
conduct additional rulemaking based on those comments.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2019-0087-E, dated April 24, 
2019, to correct an unsafe condition for Airbus Helicopters Deutschland 
GmbH (AHD), formerly Eurocopter Deutschland GmbH, Eurocopter 
Espa[ntilde]a S.A. Model EC135 P1, EC135 P2, EC135 P2+, EC135 P3, EC135 
T1, EC135 T2, EC135 T2+, EC135 T3, EC635 P2+, EC635 P3, EC635 T1, EC635 
T2+ and EC635 T3 helicopters with a longitudinal single-axis actuator 
part number (P/N) L673M20A1008 or P/N L673M30A2111; a collective 
single[hyphen]axis actuator P/N L673M20A1012, P/N L673M30A1211, or P/N 
E673M30A1201; or a lateral single[hyphen]axis actuator P/N L673M20A1011 
or P/N L673M30A2311, that have accumulated 6 or more years since 
manufacturing date or last overhaul, whichever occurred later, 
installed. EASA advises of a report of a hard landing by a Model EC135 
helicopter. Inspection revealed that the tie bar inside the piston of 
the longitudinal single-axis actuator of the MRA was ruptured and 
displaced.
    EASA states that this condition, if not detected and corrected, 
could lead to loss of control of the helicopter, possibly resulting in 
damage to the helicopter and/or injury to occupants. Accordingly, the 
EASA AD requires a one-time inspection for corrosion, reporting 
inspection results to AHD, and depending on findings, replacing parts 
at different compliance times. The EASA AD also allows installing an 
MRA that has any of the affected parts installed, provided the affected 
parts are inspected and replaced as required by the AD. The EASA AD 
states it is considered an interim action and further AD action may 
follow.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA of the 
unsafe condition described in the EASA AD. The FAA is issuing this AD 
because the FAA 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 Under 1 CFR Part 51

    Airbus Helicopters has issued Emergency Alert Service Bulletin No. 
EC135-67A-039, Revision 1, dated April 23, 2019. This service 
information specifies reviewing records to determine the date of 
manufacture or date of last overhaul of certain part-numbered single-
axis actuators, procedures to visually inspect the single-axis 
actuators for the external appearance of corrosion, instruction to take 
photos of any corroded single-axis actuators, and report certain 
information to Airbus Helicopters. This service information also 
specifies replacing single-axis actuators and references Airbus 
Helicopters Service Bulletin No. EC135-67-040, Revision 0, dated April 
25, 2019 (SB EC135-67-040), which is not incorporated by reference in 
this AD, for inspection criteria of serviceable parts and replacement 
procedures.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    Airbus Helicopters has issued SB EC135-67-040, which identifies 
procedures to inspect the longitudinal, collective, and lateral 
single[hyphen]axis actuators for corrosion and to replace those parts.

AD Requirements

    This AD requires visually inspecting for corrosion all external 
surfaces of certain part-numbered longitudinal, collective, and lateral 
single[hyphen]axis actuators that have accumulated 6 or more years 
since manufacturing date or last overhaul, whichever occurs later. 
Based on the inspection outcome, this AD requires removing the single-
axis actuators from service at different compliance times. This AD also 
requires reporting certain information, along with photos of any 
corrosion, to Airbus Helicopters.

Differences Between This AD and the EASA AD

    The EASA AD applies to Model EC635 P2+, EC635 P3, EC635 T1, EC635 
T2+ and EC635 T3 helicopters, whereas this AD does not because none of 
those models are FAA type-certificated. The EASA AD requires inspecting 
the single-axis actuators for the, ``external appearance of 
corrosion,'' whereas this AD requires inspecting for any corrosion. The 
EASA AD specifies longer compliance times for parts that have 
accumulated 6 to 10 years that do not have any corrosion. The FAA plans 
to publish a notice of proposed rulemaking to give the public an 
opportunity to comment on these longer compliance times.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this AD affects 311 helicopters of U.S. 
Registry. Labor costs are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs in order to comply 
with this AD.
    Inspecting the single-axis actuators takes about 2 work-hours for 
an estimated cost of $170 per helicopter and $52,870 for the U.S. 
fleet. Replacing

[[Page 47412]]

a single-axis actuator takes about 7 work-hours and parts cost about 
$20,000, for an estimated cost of $20,595 per replacement. Reporting 
the required information takes about 1 work-hour for an estimated cost 
of $85 per helicopter and $26,435 for the U.S. fleet.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, completing and reviewing the collection of 
information. All responses to this collection of information are 
mandatory. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Information Collection Clearance Officer, 
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 
76177-1524.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because some of the required actions must be completed within 3 days. 
Therefore, notice and opportunity for prior public comment are 
impracticable and contrary to public interest pursuant to 5 U.S.C. 
553(b)(3)(B). In addition, for the reason(s) stated above, the FAA 
finds that good cause exists pursuant to 5 U.S.C. 553(d) 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.
    The FAA is 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

    The FAA 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, and
    2. Will not affect intrastate aviation in Alaska.
    The FAA 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.

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):

2019-17-02 Airbus Helicopters Deutschland GmbH: Amendment 39-19722; 
Docket No. FAA-2019-0656; Product Identifier 2019-SW-039-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (Airbus 
Helicopters) Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, 
EC135T2, EC135T2+, and EC135T3 helicopters, certificated in any 
category, with any of the following installed that have, as of April 
23, 2019, accumulated 6 or more years since manufacturing date or 
last overhaul, whichever occurs later:
    (1) Longitudinal single-axis actuator part number (P/N) 
L673M20A1008 or P/N L673M30A2111;
    (2) Collective single[hyphen]axis actuator P/N L673M20A1012, P/N 
L673M30A1211, or P/N E673M30A1201; or
    (3) Lateral single[hyphen]axis actuator P/N L673M20A1011or P/N 
L673M30A2311.

(b) Unsafe Condition

    This AD defines the unsafe condition as corrosion in certain 
main rotor actuator (MRA) components. This condition could result in 
failure of the component, failure of the MRA, and loss of control of 
the helicopter.

(c) Effective Date

    This AD becomes effective September 25, 2019.

(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 3 days, visually inspect all external surfaces of 
each single-axis actuator for corrosion. Refer to Figure 1 of Airbus 
Helicopters Emergency Alert Service Bulletin No. EC135-67A-039, 
Revision 1, dated April 23, 2019 (EASB EC135-67A-039), for example 
photos of single-axis actuators with corrosion. Refer to Figure 2 of 
EASB EC135-67A-039 for example photos of single-axis actuators 
without corrosion.
    (i) If there is any corrosion, remove the part from service as 
follows:
    (A) For a part that has accumulated 14 or more years, within 7 
days.
    (B) For a part that has accumulated 12 or more years, but less 
than 14 years, within 14 days.
    (C) For a part that has accumulated 10 or more years, but less 
than 12 years, within 30 days.
    (D) For a part that has accumulated 8 or more years, but less 
than 10 years, within 60 days.
    (E) For a part that has accumulated 6 or more years, but less 
than 8 years, within 120 days.
    (ii) If there is not any corrosion, remove the part from service 
as follows:

[[Page 47413]]

    (A) For a part that has accumulated 14 or more years, within 14 
days.
    (B) For a part that has accumulated 12 or more years, but less 
than 14 years, within 30 days.
    (C) For a part that has accumulated 10 or more years, but less 
than 12 years, within 90 days.
    (2) Within 7 days after the inspection required by paragraph 
(e)(1) of this AD, report the information requested in the Reply 
Form Sheet for EASB ``Check of single-axis actuators'' of EASB 
EC135-67A-039, along with photos of any corrosion, by email to 
[email protected] or by using the QR code to report to 
Airbus Helicopters. The QR code is available on page 12 of EASB 
EC135-67A-039.

(f) Special Flight Permits

    Special flight permits are prohibited.

(g) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a currently valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 1 hour per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, completing and reviewing 
the collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden to: Information 
Collection Clearance Officer, Federal Aviation Administration, 10101 
Hillwood Parkway, Fort Worth, TX 76177-1524.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to: 
David Hatfield, Aviation Safety Engineer, Safety Management Section, 
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; 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, the FAA suggests 
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.

(i) Additional Information

    (1) Airbus Helicopters Service Bulletin No. 
EC135[hyphen]67[hyphen]040, Revision 0, dated April 25, 2019, which 
is not incorporated by reference, contains additional information 
about the subject of this AD. For service information identified in 
this AD, contact Airbus Helicopters, 2701 N Forum Drive, Grand 
Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax 
(972) 641-3775; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. You may review a copy of the service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2019-0087-E, dated April 24, 2019. You 
may view the EASA AD on the internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2019-0656.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 67000, Rotorcraft 
Flight Control.

(k) 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) Airbus Helicopters Emergency Alert Service Bulletin No. 
EC135-67A-039, Revision 1, dated April 23, 2019.
    (ii) [Reserved]
    (3) For Airbus Helicopters service information identified in 
this AD, contact Airbus Helicopters, 2701 N Forum Drive, Grand 
Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax 
(972) 641-3775; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on August 21, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2019-18707 Filed 9-9-19; 8:45 am]
 BILLING CODE 4910-13-P