[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Proposed Rules]
[Pages 17329-17330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06768]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0985; Project Identifier 2018-SW-064-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

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

SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM) 
that proposed to adopt a new airworthiness directive (AD) that would 
have applied to certain Airbus Helicopters Deutschland GmbH Model 
EC135P1, EC135T1, EC135P2, EC135T2, EC135P2+, EC135T2+, EC135P3, and 
EC135T3 helicopters. The NPRM was prompted by a deviation from a new 
manufacturing process and a determination that the deviation resulted 
in a reduced life limit (service life limit) for certain tail rotor 
(TR) blades. The NPRM would have required a reduced life limit for 
those TR blades and require a new life limit for certain other TR 
blades. Since issuance of the NPRM, the FAA has determined that the 
deviation from the new manufacturing process does not reduce the life 
limit of certain TR blades and that a new life limit is not needed for 
certain other blades. Accordingly, the NPRM is withdrawn.

DATES: As of April 2, 2021, the proposed rule, which was published in 
the Federal Register on November 9, 2020 (85 FR 71286), is withdrawn.

ADDRESSES:

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-2020-
0985; 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 AD action, any comments received, and other information. The 
street 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: Kristin Bradley, Aerospace Engineer, 
General Aviation & Rotorcraft Section, International Validation Branch, 
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone 817-222-5110; email Kristin.Bradley@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA has issued an NPRM that proposed to amend 14 CFR part 39 by 
adding an AD that would apply to the specified products. The NPRM was 
published in the Federal Register on November 9, 2020 (85 FR 71286). 
The NPRM was prompted by a deviation from a new manufacturing process 
and a determination that the deviation resulted in a reduced life limit 
(service life limit) for certain TR blades.
    The NPRM proposed to require a reduced life limit for those TR 
blades and require a new life limit for certain other TR blades.

Actions Since the NPRM was Issued

    Since issuance of the NPRM, the FAA determined that the deviation 
from the new manufacturing process does not reduce the life limit of 
certain TR blades and that a new life limit is not needed for certain 
other blades. Affected parts can continue operation until the normal 
life limit with no compensation factor applied to reduce the life of 
the part. Therefore, the FAA has determined that AD action is not 
appropriate.
    Withdrawal of the NPRM constitutes only such action and does not 
preclude the FAA from further rulemaking on this issue, nor does it 
commit the FAA to any course of action in the future.

Comments

    The FAA gave the public the opportunity to comment on the NPRM. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Withdraw NPRM

    Airbus Helicopters requested that the NPRM be withdrawn. The 
commenter stated that EASA would be cancelling EASA AD 2018-0168, dated 
July 27, 2018, which prompted this NPRM. The commenter also noted that 
Airbus Helicopters service information was revised to remove the 
reduced life limit for the TR blades.
    The FAA agrees with the commenter's request. Since publication of 
the NPRM, EASA has issued EASA AD 2018-0168R1, dated December 18, 2020 
(EASA AD 2018-0168R1). EASA has determined, and the FAA concurs, that 
the deviation in the new manufacturing process does not affect the life 
limit of the TR blades. Airbus Helicopters has revised the 
corresponding service information accordingly. The revised EASA AD 
allows continued operation of

[[Page 17330]]

the affected parts until the normal life limit. The FAA has determined 
that this NPRM is unnecessary and will withdraw this NPRM.

Request To Delay Issuance of the AD

    One commenter requested that the FAA delay issuance of the final 
rule because Airbus Helicopters had revised its service information to 
restore the original life limits of the TR blades, and based on the 
revised service information it would appear that EASA will issue a 
revised AD to revise the life limits accordingly. The commenter asked 
that the revised EASA AD be taken into account in the final rule.
    The FAA acknowledges the commenter's request. As previously stated, 
the FAA has determined that this NPRM is unnecessary and will withdraw 
this NPRM.

Request To Include Link To Document Referenced in the NPRM

    One commenter requested that the FAA provide a link in the NPRM to 
the EASA AD that is referred to in the NPRM. The commenter stated that 
if it is the FAA's new policy to refer to another Civil Aviation 
Authority's AD it would be more convenient for operators to have a link 
instead of having to search another website.
    The FAA acknowledges the commenter's request. If the FAA would have 
issued a final rule, the EASA AD would have been incorporated by 
reference. The material that is incorporated by reference in an FAA AD 
is available in the AD docket on the internet at https://www.regulations.gov by searching for and locating the applicable AD 
docket. The AD docket contains the NPRM, any comments received, 
material that is incorporated by reference, and other information. As 
previously stated, the FAA has determined that this NPRM is unnecessary 
and will withdraw this NPRM.

FAA's Conclusions

    Upon further consideration, the FAA has determined that the NPRM is 
unnecessary. Accordingly, the NPRM is withdrawn.

Regulatory Findings

    Since this action only withdraws an NPRM, it is neither a proposed 
nor a final rule. This action therefore is not covered under Executive 
Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Withdrawal

0
Accordingly, the notice of proposed rulemaking, Docket No. FAA-2020-
0985, which was published in the Federal Register on November 9, 2020 
(85 FR 71286), is withdrawn.

    Issued on March 25, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-06768 Filed 4-1-21; 8:45 am]
BILLING CODE 4910-13-P


