[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Proposed Rules]
[Pages 41791-41794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16467]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0611; Project Identifier MCAI-2021-00038-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 supersede Airworthiness Directive (AD) 
2019-05-06, which applies to Airbus Helicopters Deutschland GmbH 
(Airbus Helicopters) Model EC135P1, EC135P2, EC135P2+, EC135P3, 
EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. AD 2019-05-06 
requires replacing the retaining ring, inspecting the hoist cable hook 
assembly, and, if necessary, replacing the elastomeric energy absorber. 
Since the FAA issued AD 2019-05-06 the design approval holder (DAH) has 
designed an updated hook assembly, which, when installed, terminates 
the repetitive inspections required by AD 2019-05-06. This proposed AD 
would continue to require the actions specified in AD 2019-05-06, and 
would also require a modification or replacement of the hoist cable 
hook assembly that would terminate the repetitive inspections and 
retaining ring replacements, as specified in a European Union 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 September 
17, 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 EASA material that is proposed for IBR in this AD, contact the 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 
8999 000; email: [email protected]; internet: www.easa.europa.eu. You 
may find this IBR material on the EASA website at https://ad.easa.europa.eu. For Goodrich 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 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-2021-0611.

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-
0611; 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: Jacob Fitch, Aerospace Engineer, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; phone: (817) 222-4130; 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-2021-0611; Project Identifier 
MCAI-2021-00038-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

[[Page 41792]]

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 Jacob Fitch, Aerospace 
Engineer, COS Program Management Section, Operational Safety Branch, 
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; phone: (817) 222-4130; 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.

Background

    The FAA issued AD 2019-05-06, Amendment 39-19588 (84 FR 8961, March 
13, 2019) (AD 2019-05-06), which applies to Airbus Helicopters Model 
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and 
EC135T3 helicopters. AD 2019-05-06 requires replacing the retaining 
ring, inspecting the hoist cable hook assembly, and, if necessary, 
replacing the elastomeric energy absorber. The FAA issued AD 2019-05-06 
to address detachment of a hook assembly from an external mounted hoist 
cable resulting in in-flight failure of the hoist assembly, which could 
result in injury to persons being lifted.

Actions Since AD 2019-05-06 Was Issued

    Since the FAA issued AD 2019-05-06, the DAH has designed an updated 
hook assembly, which, when installed terminates the repetitive 
inspections required by AD 2019-05-06.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0011, dated January 12, 2021 
(EASA AD 2021-0011) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for Airbus Helicopters Deutschland GmbH (AHD) (formerly Eurocopter 
Deutschland GmbH, Eurocopter Espa[ntilde]a S.A.) Model EC135P1, 
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, 
EC635P2+, EC635P3, EC635T1, EC635T2+ and EC635T3 helicopters, all 
serial numbers up to 1276 inclusive. Model EC635P2+, EC635P3, EC635T1, 
EC635T2+, and EC635T3 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 those 
helicopters in the applicability.
    This proposed AD was prompted by a report that a hook detached from 
the hoist cable. The FAA is proposing this AD to address detachment of 
a hook from a hoist cable resulting in in-flight failure of the hoist, 
which could result in injury to persons being lifted. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0011 specifies procedures for replacing the retaining 
ring; inspecting the hoist cable hook assembly; replacing the 
elastomeric energy absorber; and modifying the hoist cable hook 
assembly or replacing an affected hoist with a serviceable hoist, which 
terminates the repetitive inspections and replacements.
    This proposed AD also requires Goodrich Service Bulletin No. 44301-
10-17, Revision 4, dated July 26, 2017, which the Director of the 
Federal Register approved for incorporation by reference as of April 
17, 2019 (84 FR 8961).
    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.

Other Related Service Information

    Airbus Helicopters has issued Alert Service Bulletin No. ASB EC135-
85A-069, Revision 0, dated August 2, 2017. The service information 
describes procedures for inspecting each affected hook assembly, 
replacing the retaining ring, and replacing the elastomeric energy 
absorber.

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 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 products of these 
same type designs.

Proposed AD Requirements

    This proposed AD would require replacing the retaining ring, 
inspecting the hoist cable hook assembly, and, if necessary, replacing 
the elastomeric energy absorber. This proposed AD would also require 
accomplishing the actions specified in EASA AD 2021-0011 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 2021-0011 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2021-0011 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 2021-0011 that is required for compliance with EASA AD 2021-
0011 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0611 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 341 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 41793]]



                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained inspections and          0.50 work-hour x    Minimal...........  $42.50, per         Up to $14,492.50,
 replacements of the retaining     $85 per hour =                          inspection cycle.   per inspection
 ring from AD                      $42.50.                                                     cycle
 2019[dash]05[dash]06.
New proposed modification.......  1 work-hour x $85   Negligible........  $85...............  $28,985
                                   per hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition replacement of the elastomeric energy absorber that would be 
required based on the results of any required inspections. The FAA has 
no way of determining the number of helicopters that might need this 
on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
0.50 work-hour x $85 per hour = $42.50          $2,152        $2,194.50
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators. The FAA does not control warranty 
coverage for affected operators. As a result, the FAA has included all 
known costs in the cost estimate.

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:
0
a. Removing Airworthiness Directive (AD) 2019-05-06, Amendment 39-19588 
(84 FR 8961, March 13, 2019); and
0
b. Adding the following new AD:

Airbus Helicopters Deutschland GmbH: Docket No. FAA-2021-0611; 
Project Identifier MCAI-2021-00038-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 17, 2021.

(b) Affected ADs

    This AD replaces AD 2019-05-06, Amendment 39-19588 (84 FR 8961, 
March 13, 2019) (AD 2019-05-06).

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and 
EC135T3 helicopters, all serial numbers up to 1276 inclusive, 
certificated in any category, with an affected hoist as identified 
in European Union Aviation Safety Agency (EASA) AD 2021-0011, dated 
January 12, 2021 (EASA AD 2021-0011).

(d) Subject

    Joint Aircraft System Component (JASC) Code 2500, Cabin 
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report that a hook detached from the 
hoist cable. The FAA is issuing this AD to address detachment of a 
hook from a hoist cable resulting in in-flight failure of the hoist, 
which could result in injury to persons being lifted.

(f) Compliance

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

(g) Retained Requirements of Paragraph (e) of AD 2019-05-06

    This paragraph restates the requirements of paragraph (e) of AD 
2019-05-06 with no changes. For Model EC135P1, EC135P2, EC135P2+, 
EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters: Within 
90 hours time-in-service (TIS) after April 17, 2019 (the effective 
date of AD 2019-05-06) and thereafter at intervals not to exceed 180 
hours TIS:
    (1) Inspect the hook assembly and determine whether the 
elastomeric energy absorber has taken a permanent compression set by 
following the Accomplishment Instructions, paragraphs 2.A and 2.B, 
of Goodrich Service Bulletin No. 44301-10-17,

[[Page 41794]]

Revision 4, dated July 26, 2017 (SB 44301-10-17). If the elastomeric 
energy absorber has taken a permanent compression set, replace the 
elastomeric energy absorber before the next hoist operation.
    (2) Replace the retaining ring by following the Accomplishment 
Instructions, paragraphs 2.D through 2.K, of SB 44301-10-17.

(h) New Requirements

    Except as specified in paragraph (i) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2021-0011.

(i) Exceptions to EASA AD 2021-0011

    (1) Where EASA AD 2021-0011 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Paragraphs (1) and (2) of EASA AD 2021-0011 do not apply to 
this AD. The equivalent FAA requirements are specified in paragraph 
(g) of this AD.
    (3) The ``Remarks'' section of EASA AD 2021-0011 does not apply 
to this AD.
    (4) Where the service information referenced in EASA AD 2021-
0011 specifies to discard certain parts, this AD requires removing 
those parts from service.
    (5) Where paragraph (3) of EASA AD 2021-0011 specifies to modify 
using ``the instructions of the modification ASB,'' this AD requires 
using ``paragraph 3.B.1 and 3.B.2 of the Accomplishment Instructions 
of the modification ASB.''
    (6) Where the service information referenced in EASA AD 2021-
0011 specifies to use tooling, equivalent tooling may be used.
    (7) Accomplishing the modification specified in paragraph (3) of 
EASA AD 2021-0011 or the replacement specified in paragraph (4) of 
EASA AD 2021-0011 terminates the repetitive actions required by 
paragraph (g) of this AD.
    (8) Where paragraph (6) of EASA AD 2021-0011 refers to October 
25, 2017 (the effective date of EASA AD 2017-0199), this AD requires 
using the effective date of this AD; and where paragraph (6) of EASA 
AD 2021-0011 specified to do actions ``as required by paragraph (1) 
of this [EASA] AD,'' for this AD, do the actions required by 
paragraph (g) of this AD.
    (9) Paragraph (7) of EASA AD 2021-0011 does not apply to this 
AD. For this AD, for helicopters that do not have an affected hoist 
identified in paragraph (c) of this AD installed: As of the 
effective date of this AD, do not install an affected hoist 
identified in paragraph (c) of this AD on any helicopter.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
required actions can be done to the helicopter (if the operator 
elects to do so), provided the hoist is not used.

(k) 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 (l)(5) 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.

(l) Related Information

    (1) For EASA AD 2021-0011, 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.
    (2) For Goodrich 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.
    (3) 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-
2021-0611.
    (4) Airbus Helicopters Alert Service Bulletin No. ASB EC135-85A-
069, Revision 0, dated August 2, 2017, which is not incorporated by 
reference, contains additional information about the actions 
specified in paragraph (g) of this AD.
    (5) For more information about this AD, contact Jacob Fitch, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; phone: (817) 222-4130; email: 
[email protected].

    Issued on July 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-16467 Filed 8-2-21; 8:45 am]
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