[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Proposed Rules]
[Pages 16550-16553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06473]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0199; Project Identifier MCAI-2021-00016-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) 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 Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1, EC135P2, 
EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. 
This proposed AD was prompted by a report of a report of increased 
control force in the collective axis. This proposed AD would require a 
one-time visual inspection of the main rotor actuator (MRA), as 
specified in a European Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD, which is proposed for incorporation 
by reference (IBR). 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 May 14, 
2021.

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.
     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.

[[Page 16551]]

    For material that is proposed for 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-2021-0199.

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-
0199; 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, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Katherine Venegas, Aviation Safety 
Engineer, Los Angeles ACO Branch, FAA, 3960 Paramount Blvd., Lakewood, 
California 90712; telephone (562) 627-5353; email 
katherine.venegas@faa.gov.

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-2021-0199; Project Identifier 
MCAI-2021-00016-R'' 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 proposal.

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 
Katherine Venegas, Aviation Safety Engineer, Los Angeles ACO Branch, 
FAA, 3960 Paramount Blvd., Lakewood, California 90712; telephone (562) 
627-5353; email katherine.venegas@faa.gov. Any commentary that the FAA 
receives that is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0284, dated December 20, 2018 
(EASA AD 2018-0284), 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. Model EC635 P2+, EC635 
P3, EC635 T1, and EC635 T3 helicopters are not certificated by the FAA 
and are not included on the U.S. type certificate data sheet; this 
proposed AD therefore does not include those helicopters in the 
applicability.
    This proposed AD was prompted by a report of a report of increased 
control force in the collective axis on an AHD Model EC135 helicopter. 
Subsequent inspections determined that a nut on a piston of the MRA had 
cracked and separated from the piston rod. The FAA is proposing this AD 
to prevent failure of the MRA and subsequent loss of control of the 
helicopter. See the EASA AD for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0284 describes procedures for a one-time visual 
inspection of the MRA and depending on the results, replacing the 
affected parts.
    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 and Requirements of This Proposed AD

    These products have been approved by the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to the bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the 
Mandatory Continuing Airworthiness Information (MCAI) referenced above. 
The FAA is proposing this AD after evaluating all the relevant 
information and determining the unsafe condition described previously 
is likely to exist or develop in other products of these same type 
designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2018-0284 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and the MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2018-0284 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2018-0284 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 the EASA AD 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

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``Required Action(s) and Compliance Time(s)'' in the EASA AD. Service 
information specified in EASA AD 2018-0284 that is required for 
compliance with EASA AD 2018-0284 will be available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0199 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires contacting Airbus Helicopters or replacing an 
affected part, where as this proposed AD would require performing the 
corrective action in accordance with FAA-approved procedures or 
removing the affected parts from service instead. Where the EASA AD 
specifies a compliance time for the inspection in terms of calendar 
time or flight hours, this proposed AD would require a compliance time 
in terms of hours time-in-service instead. Where the EASA AD specifies 
a compliance time of 15 days for reporting the inspection results, this 
proposed AD would require that the findings be reported within 30 days.

Interim Action

    The FAA considers this proposed AD interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

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 proposed AD.
    Inspecting the nuts on the MRA pistons would take about 1 work-hour 
for an estimated cost of $85 per helicopter and $28,135 for the U.S. 
fleet.
    Replacing the MRA would take about 7 work-hours and parts would 
cost $325,081 for an estimated cost of $325,676 per helicopter.
    Repairing the MRA would take up to about 8 work-hours and parts 
would cost about $110 for an estimated cost of up to $790 per MRA.
    Reporting information would take about 1 hour for an estimated cost 
of $85 per helicopter and $28,135 for the U.S. fleet.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to Information Collection Clearance Officer, Federal 
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-
1524.

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) 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 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 (AHD): Docket No. FAA-2021-0199; 
Project Identifier MCAI-2021-00016-R.

(a) Comments Due Date

    The FAA must receive comments by May 14, 2021.
    (b) Affected Airworthiness Directives (ADs)
    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Deutschland GmbH (AHD) 
Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, 
EC135T2+, and EC135T3 helicopters, certificated in any category.
    Note 1 to paragraph (c): Helicopters with an EC135P3H 
designation are Model EC135P3 helicopters. Helicopters with an 
EC135T3H designation are Model EC135T3 helicopters.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6710, Main Rotor 
Control.

(e) Reason

    This AD was prompted by a report of increased control force in 
the collective axis. The FAA is issuing this AD to prevent failure 
of the main rotor actuator and 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 2018-0284, dated December 20, 2018 
(EASA AD 2018-0284).

(h) Exceptions to EASA AD 2018-0284

    (1) Where EASA AD 2018-0284 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (3) of EASA AD 2018-0284 specifies 
contacting Airbus Helicopters,

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this AD requires performing the corrective action in accordance with 
FAA-approved procedures.
    (3) Where paragraph (4) of EASA AD 2018-0284 specifies an 
alternative method to comply with the requirements of paragraph (3) 
of EASA AD 2018-0284 by replacing an affected part, this AD requires 
removing the affected part from service as an alternative method.
    (4) Where paragraph (1) of EASA AD 2018-0284 specifies a 
compliance time of ``3 months or 50 flight hours, whichever occurs 
first,'' this AD requires a compliance time of within 50 hours time-
in-service (TIS) from the effective date of this AD.
    (5) Where paragraph (2) of EASA AD 2018-0284 specifies a 
compliance time of ``15 days,'' this AD requires using a compliance 
time of ``30 days.''
    (6) The ``Remarks'' section of EASA AD 2018-0284 does not apply 
to this AD.

(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: 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.

(j) Related Information

    (1) For EASA AD 2018-0284, 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. 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 
on the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0199.
    (2) For more information about this AD, contact Katherine 
Venegas, Aviation Safety Engineer, Los Angeles ACO Branch, FAA, 3960 
Paramount Blvd., Lakewood, California 90712; telephone (562) 627-
5353; email katherine.venegas@faa.gov.

    Issued on March 24, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-06473 Filed 3-29-21; 8:45 am]
BILLING CODE 4910-13-P


