[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7683-7685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02752]


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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; 
Amendment 39-21916; AD 2022-02-19]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) 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 (AHD) Model EC135P1, 
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 
helicopters. This 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 AD requires replacing each affected 
emergency flashlight with a serviceable part, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective March 17, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 17, 
2022.

ADDRESSES: For EASA material incorporated by reference (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. For Airbus Helicopters Deutschland GmbH 
(AHD) service information identified in this final rule, contact Airbus 
Helicopters,

[[Page 7684]]

2701 North 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. Service information that is IBRed is also 
available in the AD docket 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 final rule, the 
EASA AD, 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: 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:

Background

    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 (AHD) 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 (TCDS), except where 
the TCDS 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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Airbus Helicopters 
Deutschland GmbH Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, 
EC135T2, EC135T2+, and EC135T3 helicopters, certificated in any 
category, as identified in EASA 2021-0149. The NPRM published in the 
Federal Register on November 23, 2021 (86 FR 66474). The NPRM 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 NPRM proposed to require replacing each affected emergency 
flashlight with a serviceable part, as specified in EASA AD 2021-0149.
    The FAA is issuing this AD to address entanglement of the emergency 
flashlight strap with the cargo hook emergency release lever. See EASA 
AD 2021-0149 for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters. Except for minor editorial changes, 
including updating the name ``Airbus Helicopters Deutschland GmbH'' to 
``Airbus Helicopters Deutschland GmbH (AHD)'' to match its FAA TCDS 
type certificate holder name, adding the Other Related Service 
Information section to describe Airbus Helicopters service information, 
correcting the issuance date of EASA AD 2021-0149 in the Applicability 
paragraph, and reformatting and updating the Costs of Compliance 
section, this AD is adopted as proposed in the NPRM.

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.

Other Related Service Information

    The FAA reviewed Airbus Helicopters Alert Service Bulletin ASB 
EC135-25A-032, Revision 0, dated May 20, 2021. This service information 
specifies procedures to remove the strap from the emergency flashlight 
and what part number to write on the flashlight.

Costs of Compliance

    The FAA estimates that this AD affects 335 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD.
    Replacing an emergency flashlight takes about 1 work-hour and parts 
cost about $219 for an estimated cost of $304 per flashlight. 
Alternatively, modifying an emergency flashlight takes about 1 work-
hour for an estimated cost of $85 per flashlight.

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

[[Page 7685]]

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 adding the following new airworthiness 
directive:

2022-02-19 Airbus Helicopters Deutschland GmbH (AHD): Amendment 39-
21916; Docket No. FAA-2021-1012; Project Identifier MCAI-2021-00697-
R.

(a) Effective Date

    This airworthiness directive (AD) is effective March 17, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (AHD) 
Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, 
EC135T2+, and EC135T3 helicopters, certificated in any category, as 
identified in European Union Aviation Safety Agency (EASA) AD 2021-
0149, dated June 21, 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) 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

    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].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2021-0149, 
dated June 21, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0149, 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.
    (4) 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 at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-1012.
    (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 January 18, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02752 Filed 2-9-22; 8:45 am]
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