[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Rules and Regulations]
[Pages 17706-17708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06980]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1173; Project Identifier MCAI-2020-00299-R; 
Amendment 39-21489; AD 2021-07-12]
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 
Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, EC135P2+, 
EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. This AD 
was prompted by a reassessment of the flight control system. This AD 
requires modification of the cyclic stick, as specified in a European 
Aviation Safety Agency (now 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 May 11, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of May 11, 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 ADs@easa.europa.eu; internet 
www.easa.europa.eu. You may find this 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-2020-1173.

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-
1173; 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: Kristi Bradley, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone 817-222-5110; email kristin.bradley@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0063, dated March 22, 2018 
(EASA AD 2018-0063) (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 (ECD), Eurocopter Espa[ntilde]a S.A, 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 (S/Ns) up to 1263 inclusive and S/N 1265, 
if equipped with autopilot, and S/N 2001 up to 2024 inclusive, except 
S/N 2006, 2008, 2013, 2017, 2019, 2020 and 2022.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Model EC135P1, 
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 
helicopters. The NPRM published in the Federal Register on January 19, 
2021 (86 FR 5040). The NPRM was prompted by a reassessment of the 
flight control system, which revealed that uncommanded disengagement of 
the main rotor trim actuators during flight with the autopilot engaged 
and hands-off controls could result in high roll and pitch rates, which 
would require pilot intervention within a reaction time below that 
required by current airworthiness standards. The NPRM proposed to 
require installing a cyclic stick weight compensation modification to 
correct this unsafe condition, which if not corrected may lead to 
subsequent loss of control of the helicopter, as specified in an EASA 
AD.

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.

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.
    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 2018-0063 describes procedures for modifying the helicopter 
by retrofitting the cyclic stick weight compensation.
    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.

Differences Between This AD and the MCAI

    The EASA AD applies to certain serial-numbered EC635-series 
helicopters with an autopilot installed, whereas this AD does not apply 
to the Model EC635-series helicopters because these models are not FAA 
type-certificated. The EASA AD requires a calendar compliance time, 
whereas this AD requires using hours time-in-service.

Costs of Compliance

    The FAA estimates that this AD affects 331 helicopters of U.S. 
registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this AD.
    Modifying the cyclic stick weight compensator takes about 8 work-
hours and parts cost about $1,300 for an estimated cost of about $1,980 
per

[[Page 17707]]

modification and $655,380 for the U.S. fleet.

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:

2021-07-12 Airbus Helicopters Deutschland GmbH: Amendment 39-21489; 
Docket No. FAA-2020-1173 Project Identifier MCAI-2020-00299-R.

(a) Effective Date

    This airworthiness directive (AD) is effective May 11, 2021.

(b) Affected Airworthiness Directives (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 autopilot 
installed, having serial numbers (S/Ns) up to 1263 inclusive, 1265, 
and 2001 up to 2024 inclusive, but excluding S/N 2006, 2008, 2013, 
2017, 2019, 2020, and 2022.

    Note 1 to Paragraph (c):  Helicopters with an EC135P3H or 
EC135T3H designation are Model EC135P3 or EC135T3 helicopters, 
respectively.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6700, Rotorcraft 
Flight Control.

(e) Reason

    This AD was prompted by a reassessment of the flight control 
system, which revealed that uncommanded disengagement of the main 
rotor trim actuators during flight with the autopilot engaged and 
hands-off controls could result in high roll and pitch rates 
requiring pilot intervention within a reaction time below that 
required by current airworthiness standards. The FAA is issuing this 
AD to require installing a cyclic stick weight compensation 
modification to correct this unsafe condition, which if not 
corrected, could result in subsequent 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 Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD 2018-0063, dated March 22, 2018 
(EASA AD 2018-0063).

(h) Exceptions to EASA AD 2018-0063

    (1) Where EASA AD 2018-0063 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2018-0063 requires modifying the helicopter 
within 7 months, this AD requires modifying the helicopter within 
200 hours time-in-service.
    (3) Although the service information referenced in EASA AD 2018-
0063 specifies to discard certain parts, this AD requires removing 
those parts from service instead.
    (4) The ``Remarks'' section of EASA AD 2018-0063 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2018-0063 
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: 9-AVS-AIR-730-AMOC@faa.gov.
    (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 Kristi Bradley, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone 817-222-5110; email 
kristin.bradley@faa.gov.

(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 Aviation Safety Agency (EASA) AD 2018-0063, dated 
March 22, 2018.
    (ii) [Reserved]
    (3) For EASA AD 2018-0063, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
ADs@easa.europa.eu; 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 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-
2020-1173.
    (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

[[Page 17708]]

fedreg.legal@nara.gov, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 24, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-06980 Filed 4-5-21; 8:45 am]
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