Airworthiness Directives; Airbus Helicopters Deutschland GmbH, 69493-69496 [2020-24263]

Download as PDF 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): khammond on DSKJM1Z7X2PROD with RULES ■ 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. VerDate Sep<11>2014 15:54 Nov 02, 2020 Jkt 253001 (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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 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: E:\FR\FM\03NOR1.SGM 03NOR1 69494 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. khammond on DSKJM1Z7X2PROD with RULES 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 Jkt 253001 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. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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 E:\FR\FM\03NOR1.SGM 03NOR1 69495 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. khammond on DSKJM1Z7X2PROD with RULES 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 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 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. E:\FR\FM\03NOR1.SGM 03NOR1 69496 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. khammond on DSKJM1Z7X2PROD with RULES (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. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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]


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

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.

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

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