[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Proposed Rules]
[Pages 36816-36818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13050]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / 
Proposed Rules  

[[Page 36816]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0572; Product Identifier 2017-SW-056-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2007-26-51, which applies to certain Airbus Helicopters Deutschland 
GmbH Model EC135 helicopters. AD 2007-26-51 requires an inspection of 
the tail rotor control rod (control rod) and ball pivot and, depending 
on findings, replacing these parts. Since the FAA issued AD 2007-26-51, 
the manufacturer developed a new control rod, which the FAA has 
determined must be installed in order to address the identified unsafe 
condition. This proposed AD would require an inspection of certain ball 
pivots, application of corrosion preventative compound on the ball 
pivot, and corrective action, as applicable. This proposed AD would 
also require replacement of the control rod with the newly developed 
control rod. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 3, 
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 https://www.airbus.com/helicopters/services/technical-support.html. You may 
view this service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort 
Worth, TX 76177.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0572; 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 (now European Union 
Aviation Safety Agency) (EASA) AD, 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 FURTHER INFORMATION CONTACT: David Hatfield, Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5116; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2020-0572; 
Product Identifier 2017-SW-056-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    The FAA issued AD 2007-26-51, Amendment 39-15357 (73 FR 6008, 
February 1, 2008) (``AD 2007-26-51''), for certain Airbus Helicopters 
Deutschland GmbH (type certificate previously held by Eurocopter 
Deutschland GmbH) Model EC 135 helicopters. AD 2007-26-51 requires an 
inspection of the control rod and ball pivot for discrepancies and 
depending on findings, replacing these parts. AD 2007-26-51 resulted 
from a report of an accident involving the failure of a control rod. 
The FAA issued AD 2007-26-51 to address failure of a control rod and 
subsequent loss of control of the helicopter.

Actions Since AD 2007-26-51 Was Issued

    Since the FAA issued AD 2007-26-51, Airbus Helicopters Deutschland 
GmbH developed a new control rod. The FAA determined this new control 
rod must be installed in order to address the identified unsafe 
condition.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2010-0227R1, dated April 7, 2017 
(referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for all 
Model EC135 P1, EC135 P2, EC135 P2+, EC135 T1, EC 135 T2, and EC135 T2+ 
helicopters; and Model EC635 T1, EC635 P2+, and EC635 T2+ helicopters.
    EASA advises that in 2007, an accident occurred with an EC135 
helicopter in Japan. Preliminary investigation results indicated that 
loss of control was due to failure of the control rod. EASA issued EASA 
Emergency AD 2007-0301-E to inspect the affected control rod, part 
number (P/N) L672M2005207, and the ball pivot (which correspond to the 
actions required by AD 2007-26-51). EASA AD 2007-0301-E was 
subsequently superseded by EASA AD 2007-0313, to require repetitive 
inspections and, depending on findings, the replacement of the control 
rod and ball pivot, only

[[Page 36817]]

for helicopters not equipped with an automatic flight control system 
(AFCS). After review of the inspection results, EASA issued EASA AD 
2008-0064 (later revised) to apply the requirements to helicopters 
equipped with an AFCS.
    EASA also advises that after EASA AD 2008-0064R1 was issued, 
Eurocopter Deutschland GmbH developed a new control rod P/N 
L672M2006101, installation of which constituted terminating action for 
the repetitive inspections. Consequently, EASA issued EASA AD 2010-
0227, retaining the requirements of EASA AD 2008-0064R1, and requiring 
the replacement of control rod P/N L672M2005207 with the new control 
rod P/N L672M2006101.
    In addition, EASA advises that following a review of data and 
feedback received from in-service helicopters, it has been determined 
that the repetitive inspections of the ball pivot are no longer 
required to address the unsafe condition. The repetitive inspections of 
the ball pivot are now included in Chapter 05 of the aircraft 
maintenance manual. Therefore, EASA issued EASA AD 2010-0227R1 to 
remove the requirement for repetitive inspections of the control rod 
and of the ball pivot.
    You may examine the MCAI in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0572.

Related Service Information Under 1 CFR Part 51

    Airbus Helicopters has issued Alert Service Bulletin ASB EC135-67A-
017, Revision 4, dated April 3, 2017, including the Appendix 
(watermarked as Appendix to SB EC135-67A-017 Revision 4). This service 
information describes procedures for, among other actions, an 
inspection of ball pivots, P/Ns 92-201-00 and 92-207-00, for freedom of 
movement, and for damage (e.g., cracks, missing hardware, loose 
bearing, or play), application of corrosion preventative compound, and 
corrective actions. Corrective actions include replacing the ball pivot 
and the control rod with serviceable parts, and applying corrosion 
preventative compound.
    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

    Eurocopter has issued Service Bulletin EC135-67-018, Revision 01, 
dated May 15, 2008, which describes procedures for replacing the 
control rod having P/N L672M2005207 with a control rod having P/N 
L672M2006101.
    Eurocopter has also issued Alert Service Bulletin EC135-67A-017, 
Revision 03, dated July 26, 2010, which describes procedures for ball 
pivot inspections and replacements.

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 about the 
unsafe condition described in the MCAI and service information 
referenced above. The FAA is proposing this AD after evaluating all the 
relevant information and determining the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between this Proposed AD and the MCAI or Service 
Information.''

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI includes a compliance time of 50 flight hours for the 
inspection of a certain ball pivot; 100 flight hours or 43 days for the 
inspection of a certain other ball pivot; and 400 flight hours or 12 
months for the replacement of the control rod. This proposed AD would 
require all actions to be accomplished within a compliance time of 50 
hours time-in-service.
    The MCAI applies to Airbus Helicopters Deutschland GmbH Model EC635 
T1, EC635 P2+, and EC635 T2+ helicopters. Model EC635 T1, EC635 P2+, 
and EC635 T2+ helicopters are not certified by the FAA and are not 
included on the U.S. type certificate data sheet except where the U.S. 
type certificate data sheet explains that the Model EC635T2+ helicopter 
having serial number 0858 was converted from Model EC635T2+ to Model 
EC135T2+; this proposed AD therefore does not include those Model EC 
635 helicopters in the applicability.
    Additionally, although the MCAI and service information specify to 
contact the manufacturer, this proposed AD does not include that 
requirement.

Costs of Compliance

    The FAA estimates that this proposed AD affects 311 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................            $800           $1,140         $354,540
----------------------------------------------------------------------------------------------------------------


                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                Labor cost                          Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 6 work-hours x $85 per hour = Up to  Up to $2,150................  Up to $2,660.
 $510.
----------------------------------------------------------------------------------------------------------------

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

[[Page 36818]]

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 has determined that this proposed AD would not have 
federalism implications under Executive Order 13132. This proposed AD 
would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 removing Airworthiness Directive (AD) 
2007-26-51, Amendment 39-15357 (73 FR 6008, February 1, 2008), and 
adding the following new airworthiness directive (AD):

Airbus Helicopters Deutschland GmbH: Docket No. FAA-2020-0572; 
Product Identifier 2017-SW-056-AD.

(a) Comments Due Date

    The FAA must receive comments by August 3, 2020.

(b) Affected ADs

    This AD replaces AD 2007-26-51, Amendment 39-15357 (73 FR 6008, 
February 1, 2008) (``AD 2007-26-51'').

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
EC135P1, EC135T1, EC135P2, EC135T2, EC135P2+, EC135T2+, EC135P3, and 
EC135T3 helicopters, certificated in any category, all serial 
numbers.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 6700, Rotorcraft 
Flight Control.

(e) Reason

    This AD was prompted by an accident involving the failure of a 
tail rotor control rod. The FAA is issuing this AD to address 
failure of a tail rotor control rod and subsequent loss of control 
of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    (1) Group 1: Helicopters that, on the effective date of this AD, 
have a tail rotor control rod installed having part number (P/N) 
L672M2005207.
    (2) Group 2: Helicopters that, on the effective date of this AD, 
do not have a tail rotor control rod installed having P/N 
L672M2005207.

(h) Ball Pivot Inspection

    Within 50 hours time-in-service after the effective date of this 
AD: Inspect the ball pivot, P/N 92-201-00 and P/N 92-207-00, for 
damage and freedom of movement, in accordance with step 3.C.(3) or 
step 3.D.(3), as applicable, of the Accomplishment Instructions of 
the Appendix (watermarked as Appendix to SB EC135-67A-017 Revision 
4) to Airbus Helicopters Alert Service Bulletin ASB EC135-67A-017, 
Revision 4, dated April 3, 2017. For purposes of this inspection, 
damage to the ball pivot may be indicated by cracks, missing 
hardware, loose bearings, or play.

(i) Corrective Action

    If, during the inspection required by paragraph (h) of this AD, 
there is any damage on any ball pivot or the ball pivot cannot be 
moved: Before further flight, replace the ball pivot in accordance 
with step 3.C.(3) or step 3.D.(3), as applicable, of the 
Accomplishment Instructions of the Appendix (watermarked as Appendix 
to SB EC135-67A-017 Revision 4) to Airbus Helicopters Alert Service 
Bulletin ASB EC135-67A-017, Revision 4, dated April 3, 2017, and the 
tail rotor control rod as required by paragraph (j) of this AD.

(j) Tail Rotor Control Rod Replacement:

    Group 1: Unless already done as required by paragraph (i) of 
this AD, within 50 hours time-in-service after the effective date of 
this AD, replace the tail rotor control rod having P/N L672M2005207 
with a tail rotor control rod having P/N L672M2006101.
    Note 1 to paragraph (j): Guidance for replacing the tail rotor 
control rod can be found in Eurocopter Service Bulletin EC135-67-
018, Revision 01, dated May 15, 2008.

(k) Parts Installation Prohibition

    (1) Group 1: After modification of a helicopter as required by 
paragraph (i) or (j) of this AD, no person may install on any 
helicopter a tail rotor control rod having P/N L672M2005207.
    (2) Group 2: As of the effective date of this AD, no person may 
install on any helicopter a tail rotor control rod having P/N 
L672M2005207.

(l) Credit for Previous Actions

    This paragraph provides credit for the inspection and ball pivot 
replacements required by paragraphs (h) and (i) of this AD, if those 
actions were performed before the effective date of this AD using 
Eurocopter Alert Service Bulletin EC135-67A-017, Revision 03, dated 
July 26, 2010.

(m) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed.

(n) No Reporting Requirement

    Although the Appendix (watermarked as Appendix to SB EC135-67A-
017 Revision 4) to Airbus Helicopters Alert Service Bulletin ASB 
EC135-67A-017, Revision 4, dated April 3, 2017, specifies to contact 
the manufacturer, this AD does not include that requirement.

(o) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, 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 
817-222-5116; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, 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.

(p) Related Information

    (1) The subject of this AD is addressed in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
2010-0227R1, dated April 7, 2017. This EASA AD may be found in the 
AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0572.
    (2) 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 https://www.airbus.com/helicopters/services/technical-support.html. You may view this service information at the FAA, 
Office of the Regional Counsel, Southwest Region, 10101 Hillwood 
Pkwy., Room 6N-321, Fort Worth, TX 76177.

    Issued on June 12, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-13050 Filed 6-17-20; 8:45 am]
BILLING CODE 4910-13-P