[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Rules and Regulations]
[Pages 61053-61056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24154]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0611; Project Identifier MCAI-2021-00038-R; 
Amendment 39-21761; AD 2021-21-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-05-
06, which applied to certain Airbus Helicopters Deutschland GmbH Model 
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and 
EC135T3 helicopters. AD 2019-05-06 required replacing the retaining 
ring, inspecting the hoist cable hook assembly, and, if necessary, 
replacing the elastomeric energy absorber. This AD continues to require 
the actions specified in AD 2019-05-06, and also requires 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 incorporated by reference. This AD was prompted by a report 
that a hook detached from the hoist cable. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective December 10, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 10, 
2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of April 
17, 2019 (84 FR 8961, March 13, 2019).

ADDRESSES: For EASA material incorporated by reference (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 material on the EASA website at 
https://ad.easa.europa.eu. For service information identified in this 
AD, contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 
75052; phone: (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 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: 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:

Background

    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; this AD 
therefore does not include those helicopters in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-05-06, Amendment 39-19588 (84 FR 8961,

[[Page 61054]]

March 13, 2019) (AD 2019-05-06). AD 2019-05-06 applied 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 August 3, 2021 (86 FR 41791). The 
NPRM was prompted by a report that a hook detached from the hoist 
cable. The NPRM proposed to continue to require the actions specified 
in AD 2019-05-06, as specified in an EASA AD. The NPRM also proposed to 
require a modification or replacement of the hoist cable hook assembly 
that would terminate the repetitive inspections and retaining ring 
replacements, as specified in an EASA AD.
    The FAA is issuing this AD to address detachment of a hook from a 
hoist cable resulting in inflight failure of the hoist, which could 
result in injury to persons being lifted. See the MCAI for additional 
background information.

Discussion of Final Airworthiness Directive

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.

Change to This Final Rule

    The FAA has revised the format of paragraph (i)(5) of this AD.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule with the 
change described previously and 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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

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 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, March 13, 2019).
    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.

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
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                  Labor cost            Parts cost        Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Retained inspections and         0.5 work-hour x     Minimal..............  $42.50 per         $14,492.50 per
 replacements of the retaining    $85 per hour =                             inspection cycle.  inspection
 ring from AD                     $42.50 per                                                    cycle.
 2019[dash]05[dash]06.            inspection cycle.
New 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 aircraft that might need this on-
condition replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of the elastomeric energy absorber  0.5 work-hour x $85 per hour =            $2,152       $2,194.50
                                                 $42.50.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 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.

[[Page 61055]]

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.

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:
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:

2021-21-01 Airbus Helicopters Deutschland GmbH: Amendment 39-21761; 
Docket No. FAA-2021-0611; Project Identifier MCAI-2021-00038-R.

(a) Effective Date

    This airworthiness directive (AD) is effective December 10, 
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 inflight 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, With No 
Changes

    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, 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 a method 
of accomplishment of certain actions, this AD requires replacing the 
text ``modify the affected hoist in accordance with the instructions 
of the modification ASB,'' with ``modify the affected hoist in 
accordance with paragraphs 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)(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.

(l) Related Information

    (1) 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. To obtain a copy of this 
service information, contact Airbus Helicopters using the 
information in paragraph (m)(6) of this AD. You may view a copy of 
this service information at the FAA using the information in 
paragraph (m)(7) of this AD.
    (2) 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].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this

[[Page 61056]]

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.
    (3) The following service information was approved for IBR on 
December 10, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0011, 
dated January 12, 2021.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
April 17, 2019 (84 FR 8961, March 13, 2019).
    (i) Goodrich Service Bulletin No. 44301-10-17, Revision 4, dated 
July 26, 2017.
    Note 1 to paragraph (m)(4)(i): Goodrich Service Bulletin No. 
44301-10-17, Revision 4, dated July 26, 2017, is attached to Airbus 
Helicopters Alert Service Bulletin No. EC135-85A-069, Revision 0, 
dated August 2, 2017, which is not incorporated by reference in this 
AD.
    (ii) [Reserved]
    (5) For EASA AD 2021-0011, 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 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (6) For Goodrich service information identified in this AD, 
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 
75052; phone: (972) 641-0000 or (800) 232-0323; fax: (972) 641-3775; 
or at https://www.airbus.com/helicopters/services/support.html.
    (7) You may view this service information 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.
    (8) 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 September 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-24154 Filed 11-4-21; 8:45 am]
BILLING CODE 4910-13-P