Airworthiness Directives; Airbus Helicopters Deutschland GmbH, 71286-71289 [2020-24766]
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Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Proposed Rules
size (for example, in terms of cost,
personnel, volume of activity, or risk
metrics) of the New Activity or New
Product for at least the first 12 months
of deployment. If the New Activity is a
pilot, include the parameters that end
the pilot, such as duration, volume of
activity, and performance. If the New
Activity is the result of a pilot, include
an analysis on the effectiveness of the
pilot that describes the pilot objectives
and success criteria; volume of activity;
performance; risk metrics and controls;
and the modifications made for a
broader offering and rationale. Describe
any market research performed relating
to the New Activity or New Product.
(7) Describe, explain and provide
analysis, including assumptions,
expectations for the impact of, and
projections for the anticipated impact to
earnings and capital of the New Activity
or New Product on a quarterly basis for
the first 12 months from the New
Activity or New Product’s
commencement.
(8) Describe the impact of the New
Activity or New Product on the risk
profile of the Enterprise. Describe key
controls for the following risks: credit,
market and operational.
(9) Describe the business
requirements for the New Activity or
New Product including technology
requirements. Describe the Enterprise
business units involved in conducting
the New Activity or New Product,
including any affiliation or subsidiary
relationships, any third-party
relationships, and the roles of each.
Describe the reporting lines and
planned oversight of the New Activity
or New Product.
(10) Provide a fair lending selfevaluation of the New Activity or New
Product. The fair lending self-evaluation
should, at a minimum, include data on
the predicted impact of the New
Activity or New Product for protected
class categories if such an impact is
expected, a summary of reasonable
alternatives considered, and, if
applicable, the business justification for
the New Activity or New Product.
(11) Provide an analysis and legal
opinions as to whether the New Activity
is a New Product and whether it is:
(i) In the case of Fannie Mae,
authorized under 12 U.S.C. 1717(b)(2),
(3), (4), or (5) or 12 U.S.C. 1719; or
(ii) In the case of Freddie Mac,
authorized under 12 U.S.C. 1454(a)(1),
(4), or (5).
(12) Provide copies of all notice and
application documents, including any
application for patents or trademarks,
the Enterprise has submitted to other
federal, state or local government
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regulators relating to a New Activity or
New Product.
(13) Describe the impact of the New
Activity or New Product on the public
interest and provide information to
address the factors listed in § 1253.4(b).
(14) Describe how the New Activity or
New Product is consistent with the
safety and soundness of the Enterprise
and the mortgage finance system.
(15) Explain any accounting treatment
proposed for the New Activity and New
Product.
(b) FHFA may require an Enterprise to
submit such further information as the
Director deems necessary to review the
submission or to make a determination,
at the time of the original submission or
anytime thereafter.
(c) An Enterprise shall certify,
through an executive officer, that any
filing or supporting material submitted
to FHFA pursuant to regulations in this
part contains no material
misrepresentations or omissions. FHFA
may review and verify any information
filed in connection with a Notice of
New Activity.
§ 1253.10
Preservation of authority.
(a) The Director’s exercise of the
Director’s authority pursuant to the
prior approval authority for products
under 12 U.S.C. 4541, and this
regulation, in no way restricts:
(1) The safety and soundness
authority of the Director over all new
and existing products or activities; or
(2) The authority of the Director to
review all new and existing products or
activities to determine that such
products or activities are consistent
with the authorizing statute of an
Enterprise.
(b) Failure to comply with the
provisions of this section may result in
any of the following actions:
(1) FHFA may require the Enterprise
to submit a Notice of New Activity
subject to the review and approval
requirements of this section, without
regard to whether the Enterprise has
already commenced such activity;
(2) FHFA may take enforcement
actions, including pursuant to 12 U.S.C.
4631 (orders to cease-and-desist), 12
U.S.C. 4632 (temporary orders to ceaseand-desist), and 12 U.S.C. 4636 (civil
money penalties); and
(3) FHFA may take any other steps
authorized by law to address the
Enterprise’s failure to comply.
Mark A. Calabria,
Director, Federal Housing Finance Agency.
[FR Doc. 2020–23452 Filed 11–6–20; 8:45 am]
BILLING CODE 8070–01–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0985; Product
Identifier 2018–SW–064–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters Deutschland GmbH
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus Helicopters Deutschland
GmbH Model EC135P1, EC135T1,
EC135P2, EC135T2, EC135P2+,
EC135T2+, EC135P3, and EC135T3
helicopters. This proposed AD was
prompted by a deviation from a new
manufacturing process, which resulted
in a reduced life limit (service life limit)
for certain tail rotor blades. This
proposed AD would require a reduced
life limit for those tail rotor blades and
require a new life limit for certain other
tail rotor blades, as specified in a
European Aviation Safety Agency
(EASA) AD, which will be incorporated
by reference. The FAA is proposing this
AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments
on this proposed AD by December 24,
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; telephone +49 221
89990 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
SUMMARY:
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Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Proposed Rules
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–
0985.
Kristin Bradley, Aviation Safety
Engineer, International Validation
Branch, General Aviation & Rotorcraft
Unit, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone 817–222–
5485; email Kristin.Bradley@faa.gov.
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Kristin Bradley,
Aviation Safety Engineer, International
Validation Branch, General Aviation &
Rotorcraft Unit, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone
817–222–5485; email Kristin.Bradley@
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.
SUPPLEMENTARY INFORMATION:
Discussion
Comments Invited
The EASA (now European Union
Aviation Safety Agency), which is the
Technical Agent for the Member States
of the European Union, has issued
EASA AD 2018–0168, dated July 27,
2018 (EASA AD 2018–0168) (also
referred to as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for all Airbus Helicopters Deutschland
GmbH Model EC135 P1, EC135 P2,
EC135 P2+, EC135 P3, EC135 T1, EC135
T2, EC135 T2+, EC135 T3, EC635 P2+,
EC635 P3, EC635 T1, EC635 T2+ and
EC635 T3 helicopters. Model EC635
P2+, EC635 P3, EC635 T1, and EC635
T3 helicopters are not certificated by the
FAA and are not included on the U.S.
type certificate data sheet; this proposed
AD therefore does not include those
helicopters in the applicability. Model
EC635 T2+ helicopters are also not
certificated by the FAA and are not
included on the U.S. type certificate
data sheet except where the U.S. type
certificate data sheet explains that the
Model EC635T2+ helicopter having
serial number 0858 was converted from
Model EC635T2+ to Model EC135T2+;
this proposed AD therefore does not
include Model EC635 T2+ helicopters in
the applicability.
This proposed AD was prompted by
a deviation from a new manufacturing
process, which resulted in a reduced life
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–
0985; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
khammond on DSKJM1Z7X2PROD with PROPOSALS
Confidential Business Information
The FAA invites you to participate in
this rulemaking by submitting written
comments, data, or views about this
proposal. 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.
FAA 2020–0985; Product Identifier
2018–SW–064–AD’’ 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 proposed rulemaking.
Before acting on this proposal, the FAA
will consider all comments received by
the closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The FAA may change
this NPRM because of those comments.
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limit (service life limit) for certain tail
rotor blades. The FAA is proposing this
AD to address a tail rotor blade
remaining in service beyond its life
limit, which could result in failure of
that tail rotor blade and subsequent loss
of control of the helicopter. See the
MCAI for additional background
information.
Related Service Information Under 1
CFR Part 51
EASA AD 2018–0168 requires a
reduced service life of certain tail rotor
blades and requires a new service life
limit for certain other tail rotor blades
(affected parts that have been reidentified).
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
bilateral agreement with the State of
Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is proposing this AD
because the FAA evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2018–0168, described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this proposed 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
2018–0168 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2018–0168
in its entirety, through that
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Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Proposed Rules
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
the EASA AD does not mean that
operators need comply only with that
section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in the EASA AD. Service
information specified in EASA AD
2018–0168 that is required for
compliance with EASA AD 2018–0168
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0985 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 345 helicopters of U.S.
registry. The FAA estimates the
following costs to comply with this
proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
1 work-hour × $85 per hour = $85 ..............................................................................................
$3,900
$3,985
$1,374,825
Authority for This Rulemaking
List of Subjects in 14 CFR Part 39
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.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 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:
■
Airbus Helicopters Deutschland GmbH:
Docket No. FAA–2020–0985; Product
Identifier 2018–SW–064–AD.
(a) Comments Due Date
The FAA must receive comments by
December 24, 2020.
(b) Affected Airworthiness Directives (ADs)
None.
(c) Applicability
This AD applies to Airbus Helicopters
Deutschland GmbH Model EC135P1,
EC135T1, EC135P2, EC135T2, EC135P2+,
EC135T2+, EC135P3, and EC135T3
helicopters, certificated in any category,
equipped with a tail rotor blade identified as
an affected part in European Aviation Safety
Agency (now European Union Aviation
Safety Agency) (EASA) AD 2018–0168, dated
July 27, 2018 (EASA AD 2018–0168).
(d) Subject
Joint Aircraft System Component (JASC)
Code 6410, Tail Rotor Blades.
(e) Reason
This AD was prompted by a deviation from
a new manufacturing process, which resulted
in a reduced life limit (service life limit) for
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
certain tail rotor blades. The FAA is issuing
this AD to address a tail rotor blade
remaining in service beyond its life limit,
which could result in failure of that tail rotor
blade and subsequent loss of control of the
helicopter.
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2018–0168.
(h) Exceptions to EASA AD 2018–0168
(1) Where EASA AD 2018–0168 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2018–0168 does not apply to this AD.
(3) Where EASA AD 2018–0168 refers to
flight hours (FH), this AD requires using
hours time-in-service.
(i) Alternative Methods of Compliance
(AMOCs)
The Manager, Rotorcraft Standards Branch,
FAA, may approve AMOCs for this AD. Send
your proposal to: Manager, Rotorcraft
Standards Branch, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone
817–222–5110; email 9-ASW-FTW-AMOCRequests@faa.gov.
(j) Related Information
(1) For EASA AD 2018–0168, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 89990
6017; email ADs@easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. You may view this
material at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX 76177.
For information on the availability of this
material at the FAA, call 817–222–5110. This
material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2020–0985.
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(2) For more information about this AD,
contact Kristin Bradley, Aviation Safety
Engineer, International Validation Branch,
General Aviation & Rotorcraft Unit, FAA,
10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone 817 222 5485; email
Kristin.Bradley@faa.gov.
Issued on November 2, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–24766 Filed 11–6–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2020–0925; Airspace
Docket No. 20–ANM–18]
RIN 2120–AA66
Proposed Amendment of Class D and
Class E Airspace; Tacoma Narrows
Airport, WA
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
amend the Class D airspace, Class E
surface Airspace and Class E airspace
extending upward from 700 feet above
ground level (AGL) at Tacoma Narrows
Airport, Tacoma, WA. A review of the
airspace was initiated due to
corresponding reviews at McChord
Field (Joint Base Lewis-McChord) and
Gray AAF (Joint Base Lewis-McChord).
All three locations were evaluated at the
same time due to their close proximity
to one another and operational
interdependence. After a review of the
airspace, the FAA found it necessary to
amend the existing airspace for the
safety and management of Instrument
Flight Rules (IFR) operations at this
airport.
SUMMARY:
Comments must be received on
or before December 24, 2020.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590; telephone: 1–
800–647–5527, or (202) 366–9826. You
must identify FAA Docket No. FAA–
2020–0925; Airspace Docket No. 20–
ANM–18, at the beginning of your
comments. You may also submit
comments through the internet at
https://www.regulations.gov.
khammond on DSKJM1Z7X2PROD with PROPOSALS
DATES:
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FAA Order 7400.11E, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at https://www.faa.gov/air_
traffic/publications/. For further
information, you can contact the
Airspace Policy Group, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783. The Order is
also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email:
fedreg.legal@nara.gov, or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Richard Roberts, Federal Aviation
Administration, Western Service Center,
Operations Support Group, 2200 S
216th Street, Des Moines, WA 98198;
telephone (206) 231–2245.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
modify the Class D airspace, Class E
surface airspace and Class E airspace
extending upward from 700 feet above
ground level to support IFR operations
at Tacoma Narrows Airport, Tacoma,
WA.
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
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71289
Persons wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2020–0925; Airspace
Docket No. 20–ANM–18’’. The postcard
will be date/time stamped and returned
to the commenter.
All communications received before
the specified closing date for comments
will be considered before taking action
on the proposed rule. The proposal
contained in this notice may be changed
in light of the comments received. A
report summarizing each substantive
public contact with FAA personnel
concerned with this rulemaking will be
filed in the docket.
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at https://
www.faa.gov/air_traffic/publications/
airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for the address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined during
normal business hours at the Northwest
Mountain Regional Office of the Federal
Aviation Administration, Air Traffic
Organization, Western Service Center,
Operations Support Group, 2200 S
216th Street, Des Moines, WA 98198.
Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order 7400.11E, Airspace
Designations and Reporting Points,
dated July 21, 2020, and effective
September 15, 2020. FAA Order
7400.11E is publicly available as listed
in the ADDRESSES section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Proposal
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) part 71 by modifying the
lateral boundaries of the Class D and
Class E surface airspace and the Class E
airspace extending upward from 700
feet AGL at Tacoma Narrows Airport,
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Agencies
[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Proposed Rules]
[Pages 71286-71289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24766]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0985; Product Identifier 2018-SW-064-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters Deutschland GmbH
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus Helicopters Deutschland GmbH Model EC135P1, EC135T1,
EC135P2, EC135T2, EC135P2+, EC135T2+, EC135P3, and EC135T3 helicopters.
This proposed AD was prompted by a deviation from a new manufacturing
process, which resulted in a reduced life limit (service life limit)
for certain tail rotor blades. This proposed AD would require a reduced
life limit for those tail rotor blades and require a new life limit for
certain other tail rotor blades, as specified in a European Aviation
Safety Agency (EASA) AD, which will be incorporated by reference. The
FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by December
24, 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; telephone +49
221 89990 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
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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-
0985.
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-
0985; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Kristin Bradley, Aviation Safety
Engineer, International Validation Branch, General Aviation &
Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone 817-222-5485; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. 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. FAA
2020-0985; Product Identifier 2018-SW-064-AD'' 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 proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments received by the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this NPRM 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 NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Kristin Bradley, Aviation Safety Engineer, International Validation
Branch, General Aviation & Rotorcraft Unit, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone 817-222-5485; 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.
Discussion
The EASA (now European Union Aviation Safety Agency), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2018-0168, dated July 27, 2018 (EASA AD 2018-0168) (also
referred to as the Mandatory Continuing Airworthiness Information, or
the MCAI), to correct an unsafe condition for all Airbus Helicopters
Deutschland GmbH Model EC135 P1, EC135 P2, EC135 P2+, EC135 P3, EC135
T1, EC135 T2, EC135 T2+, EC135 T3, EC635 P2+, EC635 P3, EC635 T1, EC635
T2+ and EC635 T3 helicopters. Model EC635 P2+, EC635 P3, EC635 T1, and
EC635 T3 helicopters are not certificated by the FAA and are not
included on the U.S. type certificate data sheet; this proposed AD
therefore does not include those helicopters in the applicability.
Model EC635 T2+ helicopters are also not certificated by the FAA and
are not included on the U.S. type certificate data sheet except where
the U.S. type certificate data sheet explains that the Model EC635T2+
helicopter having serial number 0858 was converted from Model EC635T2+
to Model EC135T2+; this proposed AD therefore does not include Model
EC635 T2+ helicopters in the applicability.
This proposed AD was prompted by a deviation from a new
manufacturing process, which resulted in a reduced life limit (service
life limit) for certain tail rotor blades. The FAA is proposing this AD
to address a tail rotor blade remaining in service beyond its life
limit, which could result in failure of that tail rotor blade and
subsequent loss of control of the helicopter. See the MCAI for
additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2018-0168 requires a reduced service life of certain tail
rotor blades and requires a new service life limit for certain other
tail rotor blades (affected parts that have been re-identified).
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2018-0168, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed 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 2018-0168
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2018-0168 in its
entirety, through that
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incorporation, except for any differences identified as exceptions in
the regulatory text of this proposed AD. Using common terms that are
the same as the heading of a particular section in the EASA AD does not
mean that operators need comply only with that section. For example,
where the AD requirement refers to ``all required actions and
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
the EASA AD. Service information specified in EASA AD 2018-0168 that is
required for compliance with EASA AD 2018-0168 will be available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0985 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 345 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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1 work-hour x $85 per hour = $85............................. $3,900 $3,985 $1,374,825
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Airbus Helicopters Deutschland GmbH: Docket No. FAA-2020-0985;
Product Identifier 2018-SW-064-AD.
(a) Comments Due Date
The FAA must receive comments by December 24, 2020.
(b) Affected Airworthiness Directives (ADs)
None.
(c) Applicability
This AD applies to Airbus Helicopters Deutschland GmbH Model
EC135P1, EC135T1, EC135P2, EC135T2, EC135P2+, EC135T2+, EC135P3, and
EC135T3 helicopters, certificated in any category, equipped with a
tail rotor blade identified as an affected part in European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD
2018-0168, dated July 27, 2018 (EASA AD 2018-0168).
(d) Subject
Joint Aircraft System Component (JASC) Code 6410, Tail Rotor
Blades.
(e) Reason
This AD was prompted by a deviation from a new manufacturing
process, which resulted in a reduced life limit (service life limit)
for certain tail rotor blades. The FAA is issuing this AD to address
a tail rotor blade remaining in service beyond its life limit, which
could result in failure of that tail rotor blade and subsequent loss
of control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2018-0168.
(h) Exceptions to EASA AD 2018-0168
(1) Where EASA AD 2018-0168 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2018-0168 does not apply
to this AD.
(3) Where EASA AD 2018-0168 refers to flight hours (FH), this AD
requires using hours time-in-service.
(i) Alternative Methods of Compliance (AMOCs)
The Manager, Rotorcraft Standards Branch, FAA, may approve AMOCs
for this AD. Send your proposal to: Manager, Rotorcraft Standards
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
817-222-5110; email [email protected].
(j) Related Information
(1) For EASA AD 2018-0168, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. For information on the availability of this material at the
FAA, call 817-222-5110. This material may be found in the AD docket
on the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0985.
[[Page 71289]]
(2) For more information about this AD, contact Kristin Bradley,
Aviation Safety Engineer, International Validation Branch, General
Aviation & Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone 817 222 5485; email [email protected].
Issued on November 2, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-24766 Filed 11-6-20; 8:45 am]
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