[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Proposed Rules]
[Pages 66474-66476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25396]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1012; Project Identifier MCAI-2021-00697-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 of restricted collective 
lever movement caused by entanglement of the emergency flashlight strap 
with the cargo hook emergency release lever, causing the emergency 
flashlight to leave its seat. This proposed AD would require replacing 
each affected emergency flashlight with a serviceable part, 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 installation of affected parts. 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 January 7, 
2022.

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) 493-2251.0
     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 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find the EASA 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. This material is also 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-1012.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1012; 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, the EASA AD, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, FAA, 950 L'Enfant Plaza SW, Washington, DC 
20024; telephone (202) 267-9167; 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-2021-1012; Project Identifier 
MCAI-2021-00697'' 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 NPRM.

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 Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 950 
L'Enfant Plaza SW, Washington, DC 20024; telephone (202) 267-9167; 
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 EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0149, dated June 21, 2021 (EASA 
AD 2021-0149), 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 up to 
820 inclusive. 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.
    This proposed AD was prompted by a report of restricted collective 
lever movement caused by entanglement of the emergency flashlight strap 
with the cargo hook emergency release lever, causing the emergency 
flashlight to leave its seat. The FAA is issuing this AD to address 
entanglement of the

[[Page 66475]]

emergency flashlight strap with the cargo hook emergency release lever. 
The unsafe condition, if not addressed, could result in reduced control 
of the helicopter, resulting in damage to the helicopter and injury to 
occupants. See EASA AD 2021-0149 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0149 requires replacing each affected emergency 
flashlight with a serviceable part. EASA AD 2021-0149 also specifies 
that an affected part can be modified and re-identified into a 
serviceable part. EASA AD 2021-0149 also prohibits the installation of 
an affected part.
    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

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA about the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other helicopters of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0149, 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 developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2021-0149 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0149 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 EASA AD 2021-0149 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 EASA AD 2021-
0149. Service information referenced in EASA AD 2021-0149 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1012 after the FAA final 
rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 335 helicopters of U.S. Registry. The FAA estimates the 
following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement of affected part..........  1 work-hour x $85 per               $219            $304        $101,840
                                         hour = $85.
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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-2021-1012; 
Project Identifier MCAI-2021-00697-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 7, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1,

[[Page 66476]]

EC135T2, EC135T2+, and EC135T3 helicopters, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2021-0149, dated July 5, 2021 (EASA 2021-0149).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2510, Flight 
Compartment Equipment.

(e) Unsafe Condition

    This AD was prompted by a report of restricted collective lever 
movement. Subsequent inspection determined that the emergency 
flashlight was stuck under that lever caused by entanglement of the 
emergency flashlight strap with the cargo hook emergency release 
lever, causing the emergency flashlight to leave its seat. The FAA 
is issuing this AD to address entanglement of the emergency 
flashlight strap with the cargo hook emergency release lever. The 
unsafe condition, if not addressed, could result in reduced control 
of the helicopter, resulting in damage to the helicopter and injury 
to occupants.

(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, EASA AD 2021-0149.

(h) Exceptions to EASA AD 2021-0149

    (1) Where EASA AD 2021-0149 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0149.

(i) 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 (j)(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.

(j) Related Information

    (1) For EASA AD 2021-0149, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.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 at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-1012.
    (2) For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, FAA, 950 L'Enfant 
Plaza SW, Washington, DC 20024; telephone (202) 267-9167; email 
[email protected].

    Issued on November 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.

[FR Doc. 2021-25396 Filed 11-22-21; 8:45 am]
BILLING CODE 4910-13-P