Airworthiness Directives; Airbus Helicopters Deutschland GmbH, 69493-69496 [2020-24263]
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Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Rules and Regulations
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 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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
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■
2020–21–12 Pilatus Aircraft Ltd:
Amendment 39–21285; Docket No.
FAA–2020–0744; Project Identifier
2019–CE–056–AD.
(a) Effective Date
This AD is effective December 8, 2020.
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(b) Affected ADs
None.
(c) Applicability
This AD applies to Pilatus Aircraft Ltd.
Model PC–24 airplanes, all serial numbers,
with an emergency exit grommet part number
(P/N) 944.87.32.001 installed, certificated in
any category.
(d) Subject
Joint Aircraft System Component (JASC)
Code 52: Doors.
(e) Unsafe Condition
This AD was prompted by a report that
after exposure to low temperatures, the vinyl
grommets that hold the upper panel assembly
in position on the left-hand (LH) and righthand (RH) emergency exits can become rigid.
This unsafe condition, if not addressed,
could result in failure of the emergency exits
to open during an evacuation.
(f) Actions and Compliance
Unless already done, do the following
actions in paragraphs (f)(1) and (2) of this
AD.
(1) Within 3 months after the effective date
of this AD, replace each grommet P/N
944.87.32.001 holding the upper panel
assembly in position on the LH and RH
emergency exits with grommet P/N
525.26.24.035 in accordance with the
Accomplishment Instructions, section 3.B., of
Pilatus Aircraft Ltd PC–24 Service Bulletin
No. 25–005, dated August 12, 2019.
(2) As of the effective date of this AD, do
not install a grommet P/N 944.87.32.001 on
any airplane.
(g) Alternative Methods of Compliance
(AMOCs)
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. Send
information to ATTN: Doug Rudolph,
Aerospace Engineer, FAA, General Aviation
& Rotorcraft Section, International Validation
Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–4059;
fax: (816) 329–4090; email: doug.rudolph@
faa.gov. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO. 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.
(h) Related Information
Refer to European Union Aviation Safety
Agency (EASA) AD No.: 2019–0293, dated
December 4, 2019, for more information. You
may examine the EASA AD in the AD docket
on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2020–0744.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
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69493
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 the AD specifies otherwise.
(i) Pilatus PC–24 Service Bulletin No. 25–
005, dated August 12, 2019.
(ii) [Reserved]
(3) For Pilatus Aircraft Ltd service
information identified in this AD, contact
Pilatus Aircraft Ltd., Customer Technical
Support (MCC), P.O. Box 992, CH–6371
Stans, Switzerland; telephone: +41 (0)41 619
67 74; fax: +41 (0)41 619 67 73; email:
Techsupport@pilatus-aircraft.com; internet:
https://www.pilatus-aircraft.com/en.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, Missouri 64106. For information
on the availability of this material at the
FAA, call (816) 329–4148.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fedreg.legal@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on October 5, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–24279 Filed 11–2–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0919; Project
Identifier MCAI–2020–00637–R; Amendment
39–21300; AD 2020–22–04]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters Deutschland GmbH
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus Helicopters Deutschland GmbH
Model EC135P1, EC135P2, EC135P2+,
EC135P3, EC135T1, EC135T2,
EC135T2+, EC135T3, and EC635T2+
helicopters. This AD was prompted by
reports of improper heat treatment of
titanium (Ti)-bolts installed on the
forward and aft tail rotor drive shafts,
resulting in a broken Ti-bolt. This AD
requires an inspection to determine if
Ti-bolts installed on the forward and aft
tail rotor drive shafts are affected parts,
SUMMARY:
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Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Rules and Regulations
and replacement if necessary, 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 becomes effective
November 18, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 18, 2020.
The FAA must receive comments on
this AD by December 18, 2020.
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.
For material incorporated by reference
(IBR) in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999
1000; email: ADs@easa.europa.eu;
internet: www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR 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–
0919.
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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–
0919; 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, 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:
Kathleen Arrigotti, Aviation Safety
Engineer, Large Aircraft Section,
VerDate Sep<11>2014
15:54 Nov 02, 2020
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International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA
98198; phone and fax: 206–231–3218;
email: kathleen.arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0099, dated May 5, 2020 (EASA
AD 2020–0099) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Airbus
Helicopters Deutschland GmbH Model
EC135P1, EC135P2, EC135P2+,
EC135P3, EC135T1, EC135T2,
EC135T2+, EC135T3, EC635P2+,
EC635P3, EC635T1, EC635T2+, and
EC635T3 helicopters. Model EC635P3,
EC635P2+, EC635T1, and EC635T3
helicopters are not certificated by the
FAA and are not included on the U.S.
type certificate data sheet; this AD
therefore does not include those
helicopters in the applicability.
This AD was prompted by reports of
improper heat treatment of Ti-bolts on
the forward and aft tail rotor drive
shafts, resulting in a broken Ti-bolt. The
FAA is issuing this AD to address
improper heat treatment of Ti-bolts on
the forward and aft tail rotor drive
shafts, which could result in rupture of
a Ti-bolt installed in a critical location,
possibly resulting in reduced control of
the helicopter. See the MCAI for
additional background information.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0099 describes
procedures for an inspection to
determine if Ti-bolts installed on the
forward and aft tail rotor drive shafts are
affected parts, and replacement of
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
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is issuing this AD
because the FAA evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
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Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2020–
0099 described previously, as
incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD.
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
2020–0099 is incorporated by reference
in this final rule. This AD, therefore,
requires compliance with EASA AD
2020–0099 in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this 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 ‘‘Required Action(s)
and Compliance Time(s)’’ in the EASA
AD. Service information specified in
EASA AD 2020–0099 that is required for
compliance with EASA AD 2020–0099
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0919.
FAA’s Justification and Determination
of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (5 U.S.C.)
authorizes agencies to dispense with
notice and comment procedures for
rules when the agency, for ‘‘good cause’’
finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under this
section, an agency, upon finding good
cause, may issue a final rule without
seeking comment prior to the
rulemaking.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies waiving notice
and comment prior to adoption of this
rule because improper heat treatment of
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Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Rules and Regulations
Ti-bolts installed on the forward and aft
tail rotor drive shafts could lead to
rupture of a Ti-bolt installed in a critical
location, possibly resulting in reduced
control of the helicopter. In addition,
the compliance time for the required
action is shorter than the time necessary
for the public to comment and for
publication of the final rule. Therefore,
the FAA finds good cause that notice
and opportunity for prior public
comment are impracticable. In addition,
for the reasons stated above, the FAA
finds that good cause exists pursuant to
5 U.S.C. 553(d) for making this
amendment effective in less than 30
days.
comments to an address listed under the
section. Include ‘‘Docket No.
FAA2020–0919; Project Identifier
MCAI–2020–00637–R at the beginning
of your 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, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this AD. The FAA will
consider all comments received by the
closing date for comments. The FAA
may amend this AD because of those
comments.
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 AD. Submissions containing CBI
should be sent to Kathleen Arrigotti,
Aviation Safety Engineer, Large Aircraft
Section, International Validation
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3218; email: kathleen.arrigotti@
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.
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 AD 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 AD,
it is important that you clearly designate
the submitted comments as CBI. Please
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
ADDRESSES
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety and
was not preceded by notice and an
opportunity for public comment.
However, the FAA invites you to send
any written comments, data, or views
about this AD. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should submit only one
copy of the comments. Send your
Regulatory Flexibility Act (RFA)
Costs of Compliance
The FAA estimates that this AD
affects 330 helicopters of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
2 work-hours × $85 per hour = $170 ..........................................................................................
$0
$170
$56,100
The FAA estimates the following
costs to do any necessary on-condition
replacements that would be required
based on the results of any required
actions. The FAA has no way of
determining the number of helicopter
that might need these on-condition
replacements:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
4 work-hours × $85 per hour = $340 ......................................................................................................................
(*)
$340
* The FAA has received no definitive data on which to base the parts cost estimate for the on-condition replacements specified in this AD.
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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
VerDate Sep<11>2014
15:54 Nov 02, 2020
Jkt 253001
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 AD
will not have federalism implications
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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,
and
(2) Will not affect intrastate aviation
in Alaska.
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Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Rules and Regulations
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:
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2020–22–04 Airbus Helicopters
Deutschland GmbH: Amendment 39–39–
21300; Docket No. FAA–2020–0919;
Project Identifier MCAI–2020–00637–R.
(a) Effective Date
This airworthiness directive (AD) becomes
effective November 18, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus Helicopters
Deutschland GmbH Model EC135P1,
EC135P2, EC135P2+, EC135P3, EC135T1,
EC135T2, EC135T2+, EC135T3, and
EC635T2+ helicopters, certificated in any
category.
(d) Subject
Joint Aircraft System Component (JASC)
Codes 6500, Tail Rotor Drive.
(e) Reason
This AD was prompted by reports of
improper heat treatment of titanium (Ti)bolts installed on the forward and aft tail
rotor drive shafts, resulting in a broken Tibolt. The FAA is issuing this AD to address
improper heat treatment of Ti-bolts on the
forward and aft tail rotor drive shafts, which
could lead to rupture of a Ti-bolt installed in
a critical location, possibly resulting in
reduced control of the helicopter.
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(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 Union Aviation
Safety Agency (EASA) AD 2020–0099, dated
May 5, 2020 (EASA AD 2020–0099).
(h) Exceptions to EASA AD 2020–0099
(1) Where EASA AD 2020–0099 refers to its
effective date, this AD requires using the
effective date of this AD.
VerDate Sep<11>2014
15:54 Nov 02, 2020
Jkt 253001
Issued on October 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–24263 Filed 11–2–20; 8:45 am]
BILLING CODE 4910–13–P
(i) Alternative Methods of Compliance
(AMOCs)
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
(2) The ‘‘Remarks’’ section of EASA AD
2020–0099 does not apply to this AD.
(3) Although the service information
referenced in EASA AD 2020–0099 specifies
to discard certain parts, this AD does not
include that requirement.
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 International Validation Branch, send
it to the attention of the person identified in
paragraph (j) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
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 Kathleen Arrigotti, Aviation Safety
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3218; email:
kathleen.arrigotti@faa.gov.
(k) 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 Union Aviation Safety Agency
(EASA) AD 2020–0099, dated May 5, 2020.
(ii) [Reserved]
(3) For EASA AD 2020–0099, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999
1000; 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 material at the FAA,
Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N–
321, Fort Worth, TX. For information on the
availability of this material at the FAA, call
206–231–3195. 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–2020–0919.
(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 fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0473; Project
Identifier 2018–CE–058–AD; Amendment
39–21308; AD 2020–22–12]
RIN 2120–AA64
Airworthiness Directives; Polskie
Zaklady Lotnicze Sp. z o.o Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Polskie Zaklady Lotnicze Sp. z o.o.
Model PZL M28 05 airplanes. This AD
results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as defective thermoshrinkable tubes installed on the
electrical harnesses located in the fuel
tanks. This AD requires a one-time
inspection of the electrical harnesses
located in the fuel tanks and, depending
on findings, replacement of the affected
harness. The FAA is issuing this AD to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective December 8,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 8, 2020.
ADDRESSES: For service information
identified in this final rule, contact
Polskie Zaklady Lotnicze Sp. z o.o.,
Wojska Polskiego 3, 39–300 Mielec,
Poland, telephone: +48 17 743 1901,
email: pzl.lm@lmco.com, internet:
https://www.pzlmielec.pl/. You may
view this service information at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call (816) 329–
4148. It is also available on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0473.
DATES:
E:\FR\FM\03NOR1.SGM
03NOR1
]]>Agencies
[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Rules and Regulations]
[Pages 69493-69496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24263]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0919; Project Identifier MCAI-2020-00637-R;
Amendment 39-21300; AD 2020-22-04]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters Deutschland GmbH
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, EC135P2+,
EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, and EC635T2+ helicopters.
This AD was prompted by reports of improper heat treatment of titanium
(Ti)-bolts installed on the forward and aft tail rotor drive shafts,
resulting in a broken Ti-bolt. This AD requires an inspection to
determine if Ti-bolts installed on the forward and aft tail rotor drive
shafts are affected parts,
[[Page 69494]]
and replacement if necessary, 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 becomes effective November 18, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 18,
2020.
The FAA must receive comments on this AD by December 18, 2020.
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.
For material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49
221 8999 1000; email: [email protected]; internet: www.easa.europa.eu.
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR 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-2020-0919.
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-
0919; 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, 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: Kathleen Arrigotti, Aviation Safety
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3218; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0099, dated May 5, 2020 (EASA
AD 2020-0099) (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus Helicopters Deutschland GmbH Model EC135P1,
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3,
EC635P2+, EC635P3, EC635T1, EC635T2+, and EC635T3 helicopters. Model
EC635P3, EC635P2+, EC635T1, and EC635T3 helicopters are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
helicopters in the applicability.
This AD was prompted by reports of improper heat treatment of Ti-
bolts on the forward and aft tail rotor drive shafts, resulting in a
broken Ti-bolt. The FAA is issuing this AD to address improper heat
treatment of Ti-bolts on the forward and aft tail rotor drive shafts,
which could result in rupture of a Ti-bolt installed in a critical
location, possibly resulting in reduced control of the helicopter. See
the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0099 describes procedures for an inspection to
determine if Ti-bolts installed on the forward and aft tail rotor drive
shafts are affected parts, and replacement of 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
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2020-0099 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.
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 2020-0099
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0099 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this 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 ``Required Action(s) and Compliance Time(s)'' in the
EASA AD. Service information specified in EASA AD 2020-0099 that is
required for compliance with EASA AD 2020-0099 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0919.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.)
authorizes agencies to dispense with notice and comment procedures for
rules when the agency, for ``good cause'' finds that those procedures
are ``impracticable, unnecessary, or contrary to the public interest.''
Under this section, an agency, upon finding good cause, may issue a
final rule without seeking comment prior to the rulemaking.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because improper heat treatment of
[[Page 69495]]
Ti-bolts installed on the forward and aft tail rotor drive shafts could
lead to rupture of a Ti-bolt installed in a critical location, possibly
resulting in reduced control of the helicopter. In addition, the
compliance time for the required action is shorter than the time
necessary for the public to comment and for publication of the final
rule. Therefore, the FAA finds good cause that notice and opportunity
for prior public comment are impracticable. In addition, for the
reasons stated above, the FAA finds that good cause exists pursuant to
5 U.S.C. 553(d) for making this amendment effective in less than 30
days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written comments,
data, or views about this AD. The most helpful comments reference a
specific portion of the proposal, explain the reason for any
recommended change, and include supporting data. To ensure the docket
does not contain duplicate comments, commenters should submit only one
copy of the comments. Send your comments to an address listed under the
ADDRESSES section. Include ``Docket No. FAA2020-0919; Project
Identifier MCAI-2020-00637-R at the beginning of your 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, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this AD. The FAA will consider all comments
received by the closing date for comments. The FAA may amend this AD
because of those comments.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to
Kathleen Arrigotti, Aviation Safety Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; phone and fax: 206-231-3218; email:
[email protected]. Any commentary that the FAA receives that
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 330 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170........................... $0 $170 $56,100
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of
any required actions. The FAA has no way of determining the number of
helicopter that might need these on-condition replacements:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340.... (*) $340
------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the parts
cost estimate for the on-condition replacements specified in this AD.
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 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, and
(2) Will not affect intrastate aviation in Alaska.
[[Page 69496]]
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:
2020-22-04 Airbus Helicopters Deutschland GmbH: Amendment 39-39-
21300; Docket No. FAA-2020-0919; Project Identifier MCAI-2020-00637-
R.
(a) Effective Date
This airworthiness directive (AD) becomes effective November 18,
2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus Helicopters Deutschland GmbH Model
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+,
EC135T3, and EC635T2+ helicopters, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Codes 6500, Tail Rotor
Drive.
(e) Reason
This AD was prompted by reports of improper heat treatment of
titanium (Ti)-bolts installed on the forward and aft tail rotor
drive shafts, resulting in a broken Ti-bolt. The FAA is issuing this
AD to address improper heat treatment of Ti-bolts on the forward and
aft tail rotor drive shafts, which could lead to rupture of a Ti-
bolt installed in a critical location, possibly resulting in reduced
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 Union Aviation Safety Agency (EASA) AD
2020-0099, dated May 5, 2020 (EASA AD 2020-0099).
(h) Exceptions to EASA AD 2020-0099
(1) Where EASA AD 2020-0099 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0099 does not apply
to this AD.
(3) Although the service information referenced in EASA AD 2020-
0099 specifies to discard certain parts, this AD does not include
that requirement.
(i) Alternative Methods of Compliance (AMOCs)
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 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]. 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 Kathleen Arrigotti,
Aviation Safety Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3218; email: [email protected].
(k) 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 Union Aviation Safety Agency (EASA) AD 2020-0099,
dated May 5, 2020.
(ii) [Reserved]
(3) For EASA AD 2020-0099, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 1000; email:
[email protected]; 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 material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX. For information on the availability of this
material at the FAA, call 206-231-3195. 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-2020-0919.
(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 October 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-24263 Filed 11-2-20; 8:45 am]
BILLING CODE 4910-13-P
