[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Proposed Rules]
[Pages 5040-5043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00581]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1173; Project Identifier MCAI-2020-00299-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

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 Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, 
EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. 
This proposed AD was prompted by a reassessment of the flight control 
system. This proposed AD would require modification of the cyclic 
stick, as specified in a European Aviation Safety Agency (EASA) AD, 
which is proposed for incorporation by reference (IBR). 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 March 5, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:

[[Page 5041]]

     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 proposed for IBR in this proposed AD, contact the 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this material 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. It is also available in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-1173.

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-
1173; 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, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone 817-222-5110; 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 ADDRESSES. Include ``Docket No. FAA-2020-1173; Product Identifier 
MCAI-2020-00299-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those 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, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposal.

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 
Kristi Bradley, Aviation Safety Engineer, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA, 10101 Hillwood Pkwy., 
Fort Worth, TX 76177; telephone 817-222-5110; 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, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2018-0063, dated March 22, 2018 
(EASA AD 2018-0063), to correct an unsafe condition for Airbus 
Helicopters Deutschland GmbH (AHD), formerly Eurocopter Deutschland 
GmbH (ECD), 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, all 
variants, all serial numbers (S/Ns) up to 1263 inclusive and S/N 1265, 
if equipped with autopilot, and S/N 2001 up to 2024 inclusive, except 
S/N 2006, 2008, 2013, 2017, 2019, 2020 and 2022.
    This proposed AD was prompted by a reassessment of the flight 
control system, which revealed that uncommanded disengagement of the 
main rotor trim actuators during flight with the autopilot engaged and 
hands-off controls could result in high roll and pitch rates, which 
would require pilot intervention within a reaction time below that 
required by current airworthiness standards. The FAA is proposing to 
require installing a cyclic stick weight compensation modification to 
correct this unsafe condition, which if not corrected, may lead to 
subsequent loss of control of the helicopter. See the EASA AD for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0063 describes procedures for modifying the helicopter 
by retrofitting the cyclic stick weight compensation.
    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

    These products have been approved by the aviation authority of 
another country, and are 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 EASA 
AD 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 in other products of the same 
type designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2018-0063, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and the EASA 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

[[Page 5042]]

FAA ADs. The FAA has since coordinated with other manufacturers and 
civil aviation authorities (CAAs) to use this process. As a result, 
EASA AD 2018-0063 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with EASA 
AD 2018-0063 in its entirety, through that 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 2018-0063 that is required for 
compliance with EASA AD 2018-0063 will be available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-1173 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    The EASA AD applies to certain serial-numbered EC635-series 
helicopters with an autopilot installed, whereas this proposed AD does 
not apply to the Model EC635-series helicopters because these models 
are not FAA type-certificated. The EASA AD requires a calendar 
compliance time, whereas this proposed AD would require using hours 
time-in-service.

Costs of Compliance

    The FAA estimates that this proposed AD affects 331 helicopters of 
U.S. registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this proposed AD.
    Modifying the cyclic stick weight compensator would take about 8 
work-hours and parts would cost about $1,300 for an estimated cost of 
about $1,980 per modification and $655,380 for the U.S. fleet.

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-2020-1173; 
Project Identifier MCAI-2020-00299-R.

(a) Comments Due Date

    The FAA must receive comments by March 5, 2021.

 (b) Affected Airworthiness Directives (ADs)

    None.

 (c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and 
EC135T3 helicopters, certificated in any category, with autopilot 
installed, having serial numbers (S/Ns) up to 1263 inclusive, 1265, 
and 2001 up to 2024 inclusive, but excluding S/N 2006, 2008, 2013, 
2017, 2019, 2020, and 2022.

    Note 1 to paragraph (c): Helicopters with an EC135P3H or 
EC135T3H designation are Model EC135P3 or EC135T3 helicopters, 
respectively.

 (d) Subject

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

 (e) Reason

    This AD was prompted by a reassessment of the flight control 
system, which revealed that uncommanded disengagement of the main 
rotor trim actuators during flight with the autopilot engaged and 
hands-off controls could result in high roll and pitch rates 
requiring pilot intervention within a reaction time below that 
required by current airworthiness standards. The FAA is issuing this 
AD to require installing a cyclic stick weight compensation 
modification to correct this unsafe condition, which if not 
corrected, could result in 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, European Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD No. 2018-0063, dated March 22, 
2018 (EASA AD 2018-0063).

 (h) Exceptions to EASA AD 2018-0063

    (1) Where EASA AD 2018-0063 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2018-0063 requires modifying the helicopter 
within 7 months, this AD requires modifying the helicopter within 
200 hours time-in-service.
    (3) Although the service information referenced in EASA AD 2018-
0063 specifies to discard certain parts, this AD requires removing 
those parts from service instead.
    (4) The ``Remarks'' section of EASA AD 2018-0063 does not apply 
to this AD.

 (i) No Reporting Requirement

    Although the service information referenced in EASA AD 2018-0063 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

 (j) Alternative Methods of Compliance (AMOCs):

    (1) The Manager, Strategic Policy Rotorcraft Section, FAA, has 
the authority to approve AMOCs for this AD, if requested

[[Page 5043]]

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. Send your proposal 
to: Manager, Strategic Policy Rotorcraft Section, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email 
[email protected].
    (2) 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.

 (k) Related Information

    (1) For EASA AD 2018-0063, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 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-2020-1173.
    (2) For more information about this AD, contact Kristi Bradley, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone 817-222-5110; email 
[email protected].

    Issued on January 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-00581 Filed 1-15-21; 8:45 am]
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