[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Proposed Rules]
[Pages 29216-29219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11187]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0380; Project Identifier MCAI-2020-01683-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 certain Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, 
EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. 
This proposed AD was prompted by a report that geometrical non-
conformities were found in the root section of the tail rotor blade 
(TRB). This proposed AD would require a one-time inspection 
(dimensional check) of the TRB for conformity and, depending on the 
findings, replacement of certain affected parts, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is proposed for 
incorporation by reference (IBR). This proposed AD would also prohibit 
rework, repair, or modification of affected parts in the affected area 
of the TRB assembly root. 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 July 16, 
2021.

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 that is proposed for IBR in this 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-2021-0380.

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-2021-
0380; 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: Andrea Jimenez, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Mail Stop: Room 410, 
Westbury, NY 11590; telephone (516) 228-7330; 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-2021-0380.; Project 
Identifier MCAI-2020-01683-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 
Andrea Jimenez, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; telephone 
(516) 228-7330; 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.

[[Page 29217]]

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0282, dated December 17, 2020 
(EASA AD 2020-0282) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for 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, all variants, 
all serial numbers. Model EC635 P2+, EC635 P3, EC635 T1, EC635 T2+, and 
EC635 T3 helicopters are 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 
P2+, EC635 P3, EC635 T1, EC635 T2+, and EC635 T3 helicopters in the 
applicability.
    Furthermore, although EASA AD 2020-0282 applies to all Model EC135 
P1, EC135 P2, EC135 P2+, EC135 P3, EC135 T1, EC135 T2, EC135 T2+, EC135 
T3 helicopters, this proposed AD would apply to helicopters with an 
affected part installed instead.
    This proposed AD was prompted by a report that during an 
investigation related to an accident on an Airbus Helicopters Model 
EC130B helicopter, geometrical non-conformities were observed in the 
TRB root section. EASA issued AD 2020-0187, dated August 21, 2020, to 
address this issue on Model EC130B and EC130T2 helicopters and the FAA 
issued a corresponding proposed AD, Docket No. FAA-2021-0145, Project 
Identifier MCAI-2020-01212-R (86 FR 14290, March 15, 2021). The Airbus 
Helicopters Deutschland GmbH Model EC135P1, EC135P2, EC135P2+, EC135P3, 
EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters have a similar 
design and production requirements to the affected Model EC 130B 
helicopter, and an inspection of the affected parts has detected 
geometrical non-conformities in some instances. The FAA is proposing 
this AD to address geometrical non-conformities in the TRB root 
section, which could lead to crack initiation and consequent blade 
failure, resulting in loss of control of the helicopter. See the MCAI 
for additional background information.

FAA's Determination

    These helicopters have 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 after evaluating all the 
relevant information and determining the unsafe condition described 
previously is likely to exist or develop in other helicopters of these 
same type designs.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0282 requires a one-time inspection (dimensional 
check) to verify TRB conformity, and, depending on findings, 
replacement of each affected part classified as Category B (non-
compliant TRB assembly). EASA AD 2020-0282 also prohibits rework, 
repair or modification of affected parts in the critical section 
(affected area of the TRB assembly root).
    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.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0282, 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 2020-0282 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0282 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 2020-0282 that is required for compliance with EASA AD 2020-
0282 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0380 after the FAA 
final rule is

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 341 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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4 work-hours x $85 per hour = $340...........................              $0             $340         $115,940
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
helicopters that might need these on-condition actions:

[[Page 29218]]



                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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10 work-hours x $85 per hour = $850...          $4,400           $5,250
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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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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-2021-0380.; 
Project Identifier MCAI-2020-01683-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 16, 2021.

(b) Affected 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 any of the 
tail rotor blade (TRB) part numbers specified in paragraphs (c)(1) 
through (5) of this AD installed.
    (1) Part number (P/N) L642A2002101.
    (2) P/N L642A2002103.
    (3) P/N L642A2002104.
    (4) P/N L642A2002111.
    (5) P/N L642A2002112.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that during an investigation 
related to an accident on an Airbus Helicopters Model EC130B 
helicopter, geometrical non-conformities were observed in the TRB 
root section. The FAA is issuing this AD to address geometrical non-
conformities in the TRB root section, which could lead to crack 
initiation and consequent blade failure, resulting in 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 Union Aviation Safety Agency (EASA) AD 
2020-0282, dated December 17, 2020 (EASA AD 2020-0282).

(h) Exceptions to EASA AD 2020-0282

    (1) Where EASA AD 2020-0282 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0282 does not apply 
to this AD.
    (3) Where the service information referred to in EASA AD 2020-
0282 specifies to discard a certain part, this AD requires removing 
that parts from service.
    (4) Where EASA AD 2020-0282 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (5) Where the service information referred to in EASA AD 2020-
0282 specifies to measure using the Smartphone application or the 
PowerPoint method, those methods of measurement are not required by 
this AD.
    (6) Where the service information referred to in EASA AD 2020-
0282 specifies to contact Airbus Helicopters if the measurement 
results cannot be confirmed, this AD requires determining the 
specified measurements but does not require contacting Airbus 
Helicopters for confirmation.

(i) No Reporting Requirement

    Although the service information referred to in EASA AD 2020-
0282 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) 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 manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (k)(2) of 
this AD. Information may be emailed to: [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 2020-0282, 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

[[Page 29219]]

material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0380.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; telephone 
(516) 228-7330; email [email protected].

    Issued on May 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-11187 Filed 5-28-21; 8:45 am]
BILLING CODE 4910-13-P