[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Rules and Regulations]
[Pages 50242-50244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19250]


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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; 
Amendment 39-21672; AD 2021-16-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, 
EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. 
This AD was prompted by a report that geometrical non-conformities were 
found in the root section of the tail rotor blade (TRB). This AD 
requires 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 incorporated by reference. This AD also prohibits 
rework, repair, or modification of affected parts in the affected area 
of the TRB assembly root. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective October 13, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 13, 
2021.

ADDRESSES: For material incorporated by reference (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 IBR 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 final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

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:

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 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+, and 
EC135 T3 helicopters, this AD applies to helicopters with an affected 
part installed instead.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus 
Helicopters Deutschland GmbH Model EC135P1, EC135P2, EC135P2+, EC135P3, 
EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. The NPRM published 
in the Federal Register on June 1, 2021 (86 FR 29216). The NPRM was 
prompted by a report that during an investigation related to an 
accident on an Airbus Helicopters Model EC130B4 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 
EC130B4 and EC130T2 helicopters and the FAA issued corresponding AD 
2021-10-25, Amendment 39-21558 (86 FR 29176, June 1, 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 EC130B4 
helicopter, and an inspection of the affected parts detected 
geometrical non-conformities in some instances. The NPRM proposed to 
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 EASA AD 2020-0282. The NPRM also 
proposed to prohibit rework, repair, or modification of affected parts 
in the affected area of the TRB assembly root.
    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. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

[[Page 50243]]

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA has determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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.

Costs of Compliance

    The FAA estimates that this AD affects 341 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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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:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             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

    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,
    (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.

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:

2021-16-10 Airbus Helicopters Deutschland GmbH: Amendment 39-21672; 
Docket No. FAA-2021-0380; Project Identifier MCAI-2020-01683-R.

(a) Effective Date

    This airworthiness directive (AD) is effective October 13, 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 EC130B4 
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

[[Page 50244]]

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 part 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) 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

    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].

(l) 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 2020-0282, 
dated December 17, 2020.
    (ii) [Reserved]
    (3) 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.
    (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 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-
2021-0380.
    (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 July 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-19250 Filed 9-7-21; 8:45 am]
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