[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Rules and Regulations]
[Pages 69493-69496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24263]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0919; Project Identifier MCAI-2020-00637-R; 
Amendment 39-21300; AD 2020-22-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, EC135P2+, 
EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, and EC635T2+ helicopters. 
This AD was prompted by reports of improper heat treatment of titanium 
(Ti)-bolts installed on the forward and aft tail rotor drive shafts, 
resulting in a broken Ti-bolt. This AD requires an inspection to 
determine if Ti-bolts installed on the forward and aft tail rotor drive 
shafts are affected parts,

[[Page 69494]]

and replacement if necessary, as specified in a European Union Aviation 
Safety Agency (EASA) AD, which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective November 18, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 18, 
2020.
    The FAA must receive comments on this AD by December 18, 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 material incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 
221 8999 1000; email: [email protected]; internet: www.easa.europa.eu. 
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the 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. It is also available in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-0919.

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-
0919; 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, 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: Kathleen Arrigotti, Aviation Safety 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3218; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0099, dated May 5, 2020 (EASA 
AD 2020-0099) (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus Helicopters Deutschland GmbH Model EC135P1, 
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, 
EC635P2+, EC635P3, EC635T1, EC635T2+, and EC635T3 helicopters. Model 
EC635P3, EC635P2+, EC635T1, and EC635T3 helicopters are not 
certificated by the FAA and are not included on the U.S. type 
certificate data sheet; this AD therefore does not include those 
helicopters in the applicability.
    This AD was prompted by reports of improper heat treatment of Ti-
bolts on the forward and aft tail rotor drive shafts, resulting in a 
broken Ti-bolt. The FAA is issuing this AD to address improper heat 
treatment of Ti-bolts on the forward and aft tail rotor drive shafts, 
which could result in rupture of a Ti-bolt installed in a critical 
location, possibly resulting in reduced control of the helicopter. See 
the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0099 describes procedures for an inspection to 
determine if Ti-bolts installed on the forward and aft tail rotor drive 
shafts are affected parts, and replacement of affected parts. This 
material 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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD because the FAA evaluated 
all pertinent information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2020-0099 described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2020-0099 
is incorporated by reference in this final rule. This AD, therefore, 
requires compliance with EASA AD 2020-0099 in its entirety, through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this AD. Using common terms that are the same 
as the heading of a particular section in the EASA AD does not mean 
that operators need comply only with that section. For example, where 
the AD requirement refers to ``all required actions and compliance 
times,'' compliance with this AD requirement is not limited to the 
section titled ``Required Action(s) and Compliance Time(s)'' in the 
EASA AD. Service information specified in EASA AD 2020-0099 that is 
required for compliance with EASA AD 2020-0099 is available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-0919.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (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 waiving notice and comment prior to adoption of this rule 
because improper heat treatment of

[[Page 69495]]

Ti-bolts installed on the forward and aft tail rotor drive shafts could 
lead to rupture of a Ti-bolt installed in a critical location, possibly 
resulting in reduced control of the helicopter. In addition, the 
compliance time for the required action is shorter than the time 
necessary for the public to comment and for publication of the final 
rule. Therefore, the FAA finds good cause that notice and opportunity 
for prior public comment are impracticable. In addition, for the 
reasons 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.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, the FAA invites you to send any written comments, 
data, or views about this AD. The most helpful comments reference a 
specific portion of the proposal, explain the reason for any 
recommended change, and include supporting data. To ensure the docket 
does not contain duplicate comments, commenters should submit only one 
copy of the comments. Send your comments to an address listed under the 
ADDRESSES section. Include ``Docket No. FAA2020-0919; Project 
Identifier MCAI-2020-00637-R at the beginning of your comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this AD. The FAA will consider all comments 
received by the closing date for comments. The FAA may amend this AD 
because of those comments.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to 
Kathleen Arrigotti, Aviation Safety Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des Moines, 
WA 98198; phone and fax: 206-231-3218; email: 
[email protected]. Any commentary that the FAA receives that 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 330 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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2 work-hours x $85 per hour = $170...........................              $0             $170          $56,100
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    The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of 
any required actions. The FAA has no way of determining the number of 
helicopter that might need these on-condition replacements:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340....             (*)             $340
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* The FAA has received no definitive data on which to base the parts
  cost estimate for the on-condition replacements specified in this AD.

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 above, 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.

[[Page 69496]]

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:

2020-22-04 Airbus Helicopters Deutschland GmbH: Amendment 39-39-
21300; Docket No. FAA-2020-0919; Project Identifier MCAI-2020-00637-
R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 18, 
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Deutschland GmbH Model 
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, 
EC135T3, and EC635T2+ helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Codes 6500, Tail Rotor 
Drive.

(e) Reason

    This AD was prompted by reports of improper heat treatment of 
titanium (Ti)-bolts installed on the forward and aft tail rotor 
drive shafts, resulting in a broken Ti-bolt. The FAA is issuing this 
AD to address improper heat treatment of Ti-bolts on the forward and 
aft tail rotor drive shafts, which could lead to rupture of a Ti-
bolt installed in a critical location, possibly resulting in reduced 
control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0099, dated May 5, 2020 (EASA AD 2020-0099).

(h) Exceptions to EASA AD 2020-0099

    (1) Where EASA AD 2020-0099 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0099 does not apply 
to this AD.
    (3) Although the service information referenced in EASA AD 2020-
0099 specifies to discard certain parts, this AD does not include 
that requirement.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Validation Branch, send it to the 
attention of the person identified in paragraph (j) of this AD. 
Information may be emailed to: [email protected]. Before 
using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office.

(j) Related Information

    For more information about this AD, contact Kathleen Arrigotti, 
Aviation Safety Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3218; email: [email protected].

(k) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0099, 
dated May 5, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0099, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 1000; email: 
[email protected]; internet: www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX. For information on the availability of this 
material at the FAA, call 206-231-3195. This material may be found 
in the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0919.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-24263 Filed 11-2-20; 8:45 am]
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