[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Rules and Regulations]
[Pages 70361-70364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26679]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0826; Project Identifier MCAI-2021-00300-R; 
Amendment 39-21826; AD 2021-24-05]
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 
certain Airbus Helicopters Deutschland GmbH Model EC135P2+, EC135P3, 
EC135T2+, and EC135T3 helicopters. This AD was prompted by reports that 
certain aft and forward fitting assemblies, which are not approved for 
installation on certain helicopters, were installed on those 
helicopters as part of the outboard load system. Operators of those 
helicopters might not be aware of the applicable overhaul or life 
limits for those fitting assemblies. This AD requires inspecting the 
aft and forward fitting assemblies of the outboard load system to 
determine the part number, re-identifying the part if necessary, 
inspecting each affected part for damage (which may be indicated by 
signs of corrosion, mechanical damage, loose rivets, or cracks) and, 
depending on the findings, corrective actions, 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 January 14, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 14, 
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 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 at https://

[[Page 70362]]

www.regulations.gov by searching for and locating Docket No. FAA-2021-
0826.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0826; 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: Darren Gassetto, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7323; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0066, dated March 8, 2021 (EASA 
AD 2021-0066), to correct an unsafe condition for Airbus Helicopters 
Deutschland GmbH (formerly Eurocopter Deutschland GmbH and Eurocopter 
Espa[ntilde]a S.A.) Model EC135 P2+, EC135 P3, EC135 T2+, EC135 T3, 
EC635 P2+, EC635 P3, EC635 T1, EC635 T2+, and EC635 T3 helicopters, 
serial numbers (S/Ns) 0866 to 1166 inclusive, except S/Ns 1007, 1102, 
and 1145, and except helicopters on which Airbus Helicopters Service 
Bulletin EC135-85-063 has been embodied in service. 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 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 certain Airbus 
Helicopters Deutschland GmbH Model EC135P2+, EC135P3, EC135T2+, and 
EC135T3 helicopters. The NPRM published in the Federal Register on 
September 23, 2021 (86 FR 52851). The NPRM was prompted by reports that 
aft and forward fitting assemblies, having part number L851M2810103, 
were installed as part of the outboard load system on helicopters 
having S/Ns 0886 and up. The affected fitting assemblies are not 
approved for installation on helicopters having those serial numbers. 
Operators of those helicopters might not be aware of the applicable 
overhaul or life limits for those fitting assemblies. The NPRM proposed 
to require inspecting the aft and forward fitting assemblies of the 
outboard load system to determine the part number, re-identifying the 
part if necessary, inspecting each affected part for damage (which may 
be indicated by signs of corrosion, mechanical damage, loose rivets, or 
cracks) and, depending on the findings, corrective actions, as 
specified in EASA AD 2021-0066.
    The FAA is issuing this AD to address failure of affected aft and 
forward fitting assemblies and consequent loss of external cargo, 
resulting in personal injury or injury to persons on the ground. See 
EASA AD 2021-0066 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, 
this AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0066 requires a onetime inspection of each aft and 
forward fitting assembly of the outboard load system to identify the 
part number, re-identifying the part number if necessary, a one-time 
inspection of an affected fitting assembly for damage, and corrective 
action. The corrective action includes replacing any damaged fitting.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 69 helicopters of U.S. 
Registry. The FAA estimates the following costs to comply with this AD.

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Inspection to determine fitting         0.50 work-hour x $85 per              $0          $42.50       $2,932.50
 assembly part number.                   hour = $42.50.
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    The FAA estimates the following costs to do any necessary actions 
that would be required based on the results of the inspection. The 
agency has no way of determining the number of helicopters that might 
need these actions:

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Re-identification of affected fitting assembly  0.25 work-hour x $85 per hour =               $0          $21.25
 with part number.                               $21.25.

[[Page 70363]]

 
Detailed inspection of affected fitting         1.75 work-hours x $85 per hour =               0          148.75
 assembly.                                       $148.75.
Replacement of damaged affected fitting         1.50 work-hours x $85 per hour =           1,363        1,490.50
 assembly.                                       $127.50.
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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

    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.

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:

2021-24-05 Airbus Helicopters Deutschland GmbH: Amendment 39-21826; 
Docket No. FAA-2021-0826; Project Identifier MCAI-2021-00300-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 14, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
EC135P2+, EC135P3, EC135T2+, and EC135T3 helicopters, certificated 
in any category, as identified in European Union Aviation Safety 
Agency (EASA) AD 2021-0066, dated March 8, 2021 (EASA AD 2021-0066).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2550, Cargo 
Compartments.

(e) Unsafe Condition

    This AD was prompted by reports that certain aft and forward 
fitting assemblies, which are not approved for installation on 
certain helicopters, were installed on those helicopters as part of 
the outboard load system. Operators of those helicopters might not 
be aware of the applicable overhaul or life limits for those fitting 
assemblies. The FAA is issuing this AD to address failure of 
affected aft and forward fitting assemblies and consequent loss of 
external cargo, resulting in personal injury or injury to persons on 
the ground.

(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 2021-0066.

(h) Exceptions to EASA AD 2021-0066

    (1) Where EASA AD 2021-0066 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0066 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (4) of, and the service information 
referenced in, EASA AD 2021-0066, specify contacting Airbus 
Helicopters Deutschland GmbH for applicable instructions if any 
damage (which may be indicated by signs of corrosion, mechanical 
damage, loose rivets, or cracks) is found, the corrective action 
must be accomplished using a method approved by the Manager, General 
Aviation & Rotorcraft Section, International Validation Branch, FAA; 
or EASA; or Airbus Helicopters Deutschland GmbH EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (4) Where the service information referenced in EASA AD 2021-
0066 specifies to discard certain parts, this AD requires removing 
those parts from service.
    (5) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0066.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0066 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
helicopter can be inspected (if the operator elects to do so), 
provided the outboard load system is not used until the applicable 
corrective actions required by paragraph (4) of EASA AD 2021-0066 
are completed.

(k) 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 (l) 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.

[[Page 70364]]

(l) Related Information

    For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email [email protected].

(m) 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 2021-0066, 
dated March 8, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0066, dated March 8, 2021, contact the 
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-2021-0826.
    (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 November 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-26679 Filed 12-9-21; 8:45 am]
BILLING CODE 4910-13-P


