[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Proposed Rules]
[Pages 71286-71289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24766]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0985; Product Identifier 2018-SW-064-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Helicopters Deutschland GmbH Model EC135P1, EC135T1, 
EC135P2, EC135T2, EC135P2+, EC135T2+, EC135P3, and EC135T3 helicopters. 
This proposed AD was prompted by a deviation from a new manufacturing 
process, which resulted in a reduced life limit (service life limit) 
for certain tail rotor blades. This proposed AD would require a reduced 
life limit for those tail rotor blades and require a new life limit for 
certain other tail rotor blades, as specified in a European Aviation 
Safety Agency (EASA) AD, which will be incorporated by reference. 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 December 
24, 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; telephone +49 
221 89990 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

[[Page 71287]]

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-
0985.

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-
0985; 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 NPRM, 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: Kristin Bradley, Aviation Safety 
Engineer, International Validation Branch, General Aviation & 
Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone 817-222-5485; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views about this proposal. 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. FAA 
2020-0985; Product Identifier 2018-SW-064-AD'' 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 proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments received by the closing 
date for comments. The FAA will consider comments filed after the 
comment period has closed if it is possible to do so without incurring 
expense or delay. The FAA may change this NPRM 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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Kristin Bradley, Aviation Safety Engineer, International Validation 
Branch, General Aviation & Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., 
Fort Worth, TX 76177; telephone 817-222-5485; 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.

Discussion

    The EASA (now European Union Aviation Safety Agency), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2018-0168, dated July 27, 2018 (EASA AD 2018-0168) (also 
referred to as the Mandatory Continuing Airworthiness Information, or 
the MCAI), to correct an unsafe condition for all Airbus Helicopters 
Deutschland GmbH 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. Model EC635 P2+, EC635 P3, EC635 T1, and 
EC635 T3 helicopters are not certificated by the FAA and are not 
included on the U.S. type certificate data sheet; this proposed AD 
therefore does not include those helicopters in the applicability. 
Model EC635 T2+ helicopters are also not certificated 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 Model 
EC635 T2+ helicopters in the applicability.
    This proposed AD was prompted by a deviation from a new 
manufacturing process, which resulted in a reduced life limit (service 
life limit) for certain tail rotor blades. The FAA is proposing this AD 
to address a tail rotor blade remaining in service beyond its life 
limit, which could result in failure of that tail rotor blade and 
subsequent loss of control of the helicopter. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0168 requires a reduced service life of certain tail 
rotor blades and requires a new service life limit for certain other 
tail rotor blades (affected parts that have been re-identified).
    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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the 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 proposing this AD because the FAA 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2018-0168, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed 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 2018-0168 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2018-0168 in its 
entirety, through that

[[Page 71288]]

incorporation, except for any differences identified as exceptions in 
the regulatory text of this proposed 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 2018-0168 that is 
required for compliance with EASA AD 2018-0168 will be available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-0985 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 345 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed 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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1 work-hour x $85 per hour = $85.............................          $3,900           $3,985       $1,374,825
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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 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 adding the following new airworthiness 
directive:

Airbus Helicopters Deutschland GmbH: Docket No. FAA-2020-0985; 
Product Identifier 2018-SW-064-AD.

(a) Comments Due Date

    The FAA must receive comments by December 24, 2020.

(b) Affected Airworthiness Directives (ADs)

    None.

(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, equipped with a 
tail rotor blade identified as an affected part in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
2018-0168, dated July 27, 2018 (EASA AD 2018-0168).

(d) Subject

    Joint Aircraft System Component (JASC) Code 6410, Tail Rotor 
Blades.

(e) Reason

    This AD was prompted by a deviation from a new manufacturing 
process, which resulted in a reduced life limit (service life limit) 
for certain tail rotor blades. The FAA is issuing this AD to address 
a tail rotor blade remaining in service beyond its life limit, which 
could result in failure of that tail rotor blade and subsequent loss 
of 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, EASA AD 2018-0168.

(h) Exceptions to EASA AD 2018-0168

    (1) Where EASA AD 2018-0168 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2018-0168 does not apply 
to this AD.
    (3) Where EASA AD 2018-0168 refers to flight hours (FH), this AD 
requires using hours time-in-service.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Rotorcraft Standards Branch, FAA, may approve AMOCs 
for this AD. Send your proposal to: Manager, Rotorcraft Standards 
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
817-222-5110; email [email protected].

(j) Related Information

    (1) For EASA AD 2018-0168, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email 
[email protected]; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu. You may 
view this 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. 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-2020-0985.

[[Page 71289]]

    (2) For more information about this AD, contact Kristin Bradley, 
Aviation Safety Engineer, International Validation Branch, General 
Aviation & Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone 817 222 5485; email [email protected].

    Issued on November 2, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-24766 Filed 11-6-20; 8:45 am]
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