Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters, 5040-5043 [2021-00581]

Download as PDF 5040 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Proposed Rules impose any new reporting or record keeping requirements. khammond on DSKJM1Z7X2PROD with PROPOSALS F. Regulatory Flexibility Act, 5 U.S.C. 601–612 When an agency issues a rulemaking proposal, the Regulatory Flexibility Act (‘‘RFA’’) generally requires the agency to ‘‘prepare and make available for public comment an initial regulatory flexibility analysis’’ that will ‘‘describe the impact of the proposed rule on small entities.’’ 5 U.S.C. 603(a). But the RFA allows the head of an agency to certify a rule, in lieu of preparing an analysis, if the proposed rulemaking is not expected to have a significant economic impact on a substantial number of small entities. 5 U.S.C. 605(b). The RFA defines ‘‘small entity’’ to include small businesses, small organizations, and small governmental jurisdictions. 5 U.S.C. 601(6). This proposed rule concerns participation in SBA’s business loan and disaster assistance programs by certain faithbased organizations. As such, the rule relates to small organizations. Small organizations that are the subject of this proposed rule include entities in NAICS Code 813110— Religious Organizations. According to the Census Bureau’s Statistics of U.S. Businesses (SUSB), in 2012, approximately 182,000 organizations in this NAICS code met the definition for SBA’s Small Business Size Standards, as updated in 2019.3 The number of those organizations that meet the general requirements for eligibility to participate in SBA’s business loan and disaster assistance programs is likely much smaller. Considering that the proposed rule imposes no costs while ensuring that SBA’s regulations conform with requirements of the Free Exercise Clause, SBA estimates that the proposed rulemaking will not have a significant economic impact on a substantial number of small entities. SBA does not believe that the impact will be significant within any size groupings because this proposed rule eliminates invalid provisions in its business loan and disaster assistance programs. Accordingly, the Administrator of the 3 According to the SUSB, 183,411 establishments were under NAICS Code 813110 in 2012, the last year for which this data set is available. Of the total number of establishments, 181,298 have annual receipts under $7.5 million. SBA uses a revenue standard for determining small businesses in NAICS 813110. In the 2019 SBA Table of Size Standards, that revenue standard was $8 million and below. SUSB information is arranged in dollar ranges of receipt size, with the next category ranging from above $7.5 million to $9,999,999, which is in excess of SBA’s small business standard. 660 establishments were in that category. VerDate Sep<11>2014 18:23 Jan 17, 2021 Jkt 253001 SBA hereby certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. SBA invites comment from members of the public who believe there will be a significant impact on any small entities, including small businesses. List of Subjects 13 CFR Part 109 Loan programs—business, Reporting and recordkeeping requirements, Small businesses. Loan programs—business, Reporting and recordkeeping requirements, Small businesses. 13 CFR Part 123 Disaster assistance, Loan programs— business, Reporting and recordkeeping requirements, Small businesses. Accordingly, for the reasons stated in the preamble, SBA proposes to amend 13 CFR parts 109, 120, and 123 as follows: PART 109—INTERMEDIATE LENDING PILOT PROGRAM 1. The authority citation for 13 CFR part 109 continues to read as follows: ■ Authority: 15 U.S.C. 634(b)(6), (b)(7), and 636(l). [Amended] 2. Amend § 109.400 by removing paragraph (b)(11) and redesignating paragraphs (b)(13) through (23) as paragraphs (b)(11) through (21), respectively. ■ PART 120—BUSINESS LOANS 3. The authority citation for 13 CFR part 120 continues to read as follows: ■ Authority: 15 U.S.C. 634(b) (6), (b) (7), (b) (14), (h), and note, 636(a), (h) and (m), and note, 650, 657t, and note, 657u, and note, 687(f), 696(3) and (7), and note, and 697(a) and (e), and note. § 120.110 [Amended] 4. Amend § 120.110 by removing paragraph (k) and redesignating paragraphs (m) through (s) as paragraphs (k) through (q), respectively. ■ PART 123—DISASTER LOAN PROGRAM 5. The authority citation for 13 CFR part 123 continues to read as follows: ■ Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 636(d), and 657n. § 123.301 ■ [Amended] 6. Amend § 123.301 by: PO 00000 Frm 00005 Fmt 4702 § 123.502 [Amended] 7. Amend § 123.502 by: a. Adding the word ‘‘or’’ to the end of paragraph (m); and ■ b. Removing paragraph (n) and redesignating paragraph (o) as paragraph (n). ■ ■ § 123.702 [Amended] 8. Amend § 123.702 by removing paragraph (b)(6) and redesignating paragraphs (b)(7) through (25) as paragraphs (b)(6) through (24), respectively. ■ 13 CFR Part 120 § 109.400 a. Adding the word ‘‘or’’ to the end of paragraph (f); and ■ b. Removing paragraph (g) and redesignating paragraph (h) as paragraph (g). ■ Sfmt 4702 Signed in Washington, DC. Jovita Carranza, Administrator. [FR Doc. 2021–00446 Filed 1–14–21; 11:15 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–1173; Project Identifier MCAI–2020–00299–R] RIN 2120–AA64 Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. This proposed AD was prompted by a reassessment of the flight control system. This proposed AD would require modification of the cyclic stick, as specified in a European Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products. SUMMARY: The FAA must receive comments on this proposed AD by March 5, 2021. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: DATES: E:\FR\FM\19JAP1.SGM 19JAP1 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Proposed Rules • 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 proposed for IBR in this proposed AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call 817–222–5110. It is also available in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020– 1173. 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– 1173; 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, General Aviation & Rotorcraft Section, International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817– 222–5110; email kristin.bradley@ faa.gov. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with PROPOSALS Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2020–1173; Product Identifier MCAI–2020–00299–R’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any VerDate Sep<11>2014 18:23 Jan 17, 2021 Jkt 253001 recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to https:// www.regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this proposal. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Kristi Bradley, Aviation Safety Engineer, General Aviation & Rotorcraft Section, International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222–5110; 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. Discussion The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD No. 2018–0063, dated March 22, 2018 (EASA AD 2018–0063), to correct an unsafe condition for Airbus Helicopters Deutschland GmbH (AHD), formerly Eurocopter Deutschland GmbH (ECD), Eurocopter Espan˜a S.A., 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, all variants, all serial numbers (S/Ns) up to 1263 inclusive and S/N 1265, if equipped with autopilot, and S/N 2001 up to 2024 inclusive, except S/N 2006, 2008, 2013, 2017, 2019, 2020 and 2022. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 5041 This proposed AD was prompted by a reassessment of the flight control system, which revealed that uncommanded disengagement of the main rotor trim actuators during flight with the autopilot engaged and handsoff controls could result in high roll and pitch rates, which would require pilot intervention within a reaction time below that required by current airworthiness standards. The FAA is proposing to require installing a cyclic stick weight compensation modification to correct this unsafe condition, which if not corrected, may lead to subsequent loss of control of the helicopter. See the EASA AD for additional background information. Related Service Information Under 1 CFR Part 51 EASA AD 2018–0063 describes procedures for modifying the helicopter by retrofitting the cyclic stick weight compensation. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination and Requirements of This Proposed AD These products have been approved by the aviation authority of another country, and are approved for operation in the United States. Pursuant to the bilateral agreement with the State of Design Authority, the FAA has been notified of the unsafe condition described in the EASA AD referenced above. The FAA is proposing this AD after evaluating all the relevant information and determining the unsafe condition described previously is likely to exist or develop in other products of the same type designs. Proposed AD Requirements This proposed AD would require accomplishing the actions specified in EASA AD 2018–0063, described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this proposed AD and except as discussed under ‘‘Differences Between this Proposed AD and the EASA 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 E:\FR\FM\19JAP1.SGM 19JAP1 5042 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Proposed Rules FAA ADs. The FAA has since coordinated with other manufacturers and civil aviation authorities (CAAs) to use this process. As a result, EASA AD 2018–0063 will be incorporated by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2018–0063 in its entirety, through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Using common terms that are the same as the heading of a particular section in the EASA AD does not mean that operators need comply only with that section. For example, where the AD requirement refers to ‘‘all required actions and compliance times,’’ compliance with this AD requirement is not limited to the section titled ‘‘Required Action(s) and Compliance Time(s)’’ in the EASA AD. Service information specified in EASA AD 2018–0063 that is required for compliance with EASA AD 2018–0063 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–1173 after the FAA final rule is published. Differences Between This Proposed AD and the EASA AD The EASA AD applies to certain serial-numbered EC635-series helicopters with an autopilot installed, whereas this proposed AD does not apply to the Model EC635-series helicopters because these models are not FAA type-certificated. The EASA AD requires a calendar compliance time, whereas this proposed AD would require using hours time-in-service. khammond on DSKJM1Z7X2PROD with PROPOSALS Costs of Compliance The FAA estimates that this proposed AD affects 331 helicopters of U.S. registry. Labor rates are estimated at $85 per work-hour. Based on these numbers, the FAA estimates that operators may incur the following costs in order to comply with this proposed AD. Modifying the cyclic stick weight compensator would take about 8 workhours and parts would cost about $1,300 for an estimated cost of about $1,980 per modification and $655,380 for the U.S. fleet. 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. VerDate Sep<11>2014 21:27 Jan 17, 2021 Jkt 253001 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 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: ■ Airbus Helicopters Deutschland GmbH: Docket No. FAA–2020–1173; Project Identifier MCAI–2020–00299–R. (a) Comments Due Date The FAA must receive comments by March 5, 2021. (b) Affected Airworthiness Directives (ADs) None. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 (c) Applicability This AD applies to Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters, certificated in any category, with autopilot installed, having serial numbers (S/ Ns) up to 1263 inclusive, 1265, and 2001 up to 2024 inclusive, but excluding S/N 2006, 2008, 2013, 2017, 2019, 2020, and 2022. Note 1 to paragraph (c): Helicopters with an EC135P3H or EC135T3H designation are Model EC135P3 or EC135T3 helicopters, respectively. (d) Subject Joint Aircraft System Component (JASC) Code: 6700, Rotorcraft Flight Control. (e) Reason This AD was prompted by a reassessment of the flight control system, which revealed that uncommanded disengagement of the main rotor trim actuators during flight with the autopilot engaged and hands-off controls could result in high roll and pitch rates requiring pilot intervention within a reaction time below that required by current airworthiness standards. The FAA is issuing this AD to require installing a cyclic stick weight compensation modification to correct this unsafe condition, which if not corrected, could result in subsequent loss of control of the helicopter. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Aviation Safety Agency (now European Union Aviation Safety Agency) (EASA) AD No. 2018–0063, dated March 22, 2018 (EASA AD 2018–0063). (h) Exceptions to EASA AD 2018–0063 (1) Where EASA AD 2018–0063 refers to its effective date, this AD requires using the effective date of this AD. (2) Where EASA AD 2018–0063 requires modifying the helicopter within 7 months, this AD requires modifying the helicopter within 200 hours time-in-service. (3) Although the service information referenced in EASA AD 2018–0063 specifies to discard certain parts, this AD requires removing those parts from service instead. (4) The ‘‘Remarks’’ section of EASA AD 2018–0063 does not apply to this AD. (i) No Reporting Requirement Although the service information referenced in EASA AD 2018–0063 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (j) Alternative Methods of Compliance (AMOCs): (1) The Manager, Strategic Policy Rotorcraft Section, FAA, has the authority to approve AMOCs for this AD, if requested E:\FR\FM\19JAP1.SGM 19JAP1 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Proposed Rules 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. Send your proposal to: Manager, Strategic Policy Rotorcraft Section, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222–5110; email 9ASW-FTW-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (k) Related Information (1) For EASA AD 2018–0063, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this EASA AD on the EASA website at https:// ad.easa.europa.eu. You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call 817–222–5110. This material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–1173. (2) For more information about this AD, contact Kristi Bradley, Aviation Safety Engineer, General Aviation & Rotorcraft Section, International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222–5110; email kristin.bradley@faa.gov. Issued on January 8, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. Comments must be received on or before March 5, 2021. DATES: 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 20590–0001; Telephone: (800) 647–5527, or (202) 366–9826. You must identify the Docket No. FAA–2020–1156; Airspace Docket No. 20–ANE–7, at the beginning of your comments. You may also submit comments through the internet at https://www.regulations.gov. 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. ADDRESSES: DEPARTMENT OF TRANSPORTATION John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Avenue, College Park, GA 30337; Telephone (404) 305–6364. Federal Aviation Administration SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–00581 Filed 1–15–21; 8:45 am] BILLING CODE 4910–13–P Authority for This Rulemaking 14 CFR Part 71 [Docket No. FAA–2020–1156; Airspace Docket No. 20–ANE–7] RIN 2120–AA66 Proposed Establishment of Class E Airspace; Monhegan Island, ME Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: khammond on DSKJM1Z7X2PROD with PROPOSALS (SIAPs) serving this heliport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area. This action proposes to establish Class E airspace extending upward from 700 feet above the surface for Monhegan Island Heliport, Monhegan Island, ME, to accommodate new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures SUMMARY: VerDate Sep<11>2014 18:23 Jan 17, 2021 Jkt 253001 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 establish Class E airspace in Monhegan Island, ME, to support IFR operations in the area. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 5043 Comments Invited Interested persons are invited to comment on 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 (Docket No. FAA– 2020–1156 and Airspace Docket No. 20– ANE–7) and be submitted in triplicate to DOT Docket Operations (see ADDRESSES section for the address and phone number). You may also submit comments through the internet at https://www.regulations.gov. Persons wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: ‘‘Comments to FAA Docket No. FAA–2020–1156; Airspace Docket No. 20–ANE–7.’’ 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 document may be changed in light of the comments received. All comments submitted will be available for examination in the public docket both before and after the comment closing date. 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 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 between 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays E:\FR\FM\19JAP1.SGM 19JAP1

Agencies

[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Proposed Rules]
[Pages 5040-5043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00581]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1173; Project Identifier MCAI-2020-00299-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, 
EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. 
This proposed AD was prompted by a reassessment of the flight control 
system. This proposed AD would require modification of the cyclic 
stick, as specified in a European Aviation Safety Agency (EASA) AD, 
which is proposed for incorporation by reference (IBR). The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by March 5, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:

[[Page 5041]]

     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 proposed for IBR in this proposed AD, contact the 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, 
Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call 817-222-5110. It is also available in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-1173.

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-
1173; 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, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone 817-222-5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2020-1173; Product Identifier 
MCAI-2020-00299-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposal.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Kristi Bradley, Aviation Safety Engineer, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA, 10101 Hillwood Pkwy., 
Fort Worth, TX 76177; telephone 817-222-5110; 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, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2018-0063, dated March 22, 2018 
(EASA AD 2018-0063), to correct an unsafe condition for Airbus 
Helicopters Deutschland GmbH (AHD), formerly Eurocopter Deutschland 
GmbH (ECD), Eurocopter Espa[ntilde]a S.A., 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, all 
variants, all serial numbers (S/Ns) up to 1263 inclusive and S/N 1265, 
if equipped with autopilot, and S/N 2001 up to 2024 inclusive, except 
S/N 2006, 2008, 2013, 2017, 2019, 2020 and 2022.
    This proposed AD was prompted by a reassessment of the flight 
control system, which revealed that uncommanded disengagement of the 
main rotor trim actuators during flight with the autopilot engaged and 
hands-off controls could result in high roll and pitch rates, which 
would require pilot intervention within a reaction time below that 
required by current airworthiness standards. The FAA is proposing to 
require installing a cyclic stick weight compensation modification to 
correct this unsafe condition, which if not corrected, may lead to 
subsequent loss of control of the helicopter. See the EASA AD for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0063 describes procedures for modifying the helicopter 
by retrofitting the cyclic stick weight compensation.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2018-0063, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and the EASA 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

[[Page 5042]]

FAA ADs. The FAA has since coordinated with other manufacturers and 
civil aviation authorities (CAAs) to use this process. As a result, 
EASA AD 2018-0063 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with EASA 
AD 2018-0063 in its entirety, through that incorporation, except for 
any differences identified as exceptions in the regulatory text of this 
proposed AD. Using common terms that are the same as the heading of a 
particular section in the EASA AD does not mean that operators need 
comply only with that section. For example, where the AD requirement 
refers to ``all required actions and compliance times,'' compliance 
with this AD requirement is not limited to the section titled 
``Required Action(s) and Compliance Time(s)'' in the EASA AD. Service 
information specified in EASA AD 2018-0063 that is required for 
compliance with EASA AD 2018-0063 will be available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-1173 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    The EASA AD applies to certain serial-numbered EC635-series 
helicopters with an autopilot installed, whereas this proposed AD does 
not apply to the Model EC635-series helicopters because these models 
are not FAA type-certificated. The EASA AD requires a calendar 
compliance time, whereas this proposed AD would require using hours 
time-in-service.

Costs of Compliance

    The FAA estimates that this proposed AD affects 331 helicopters of 
U.S. registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this proposed AD.
    Modifying the cyclic stick weight compensator would take about 8 
work-hours and parts would cost about $1,300 for an estimated cost of 
about $1,980 per modification and $655,380 for the U.S. fleet.

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-2020-1173; 
Project Identifier MCAI-2020-00299-R.

(a) Comments Due Date

    The FAA must receive comments by March 5, 2021.

 (b) Affected Airworthiness Directives (ADs)

    None.

 (c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and 
EC135T3 helicopters, certificated in any category, with autopilot 
installed, having serial numbers (S/Ns) up to 1263 inclusive, 1265, 
and 2001 up to 2024 inclusive, but excluding S/N 2006, 2008, 2013, 
2017, 2019, 2020, and 2022.

    Note 1 to paragraph (c): Helicopters with an EC135P3H or 
EC135T3H designation are Model EC135P3 or EC135T3 helicopters, 
respectively.

 (d) Subject

    Joint Aircraft System Component (JASC) Code: 6700, Rotorcraft 
Flight Control.

 (e) Reason

    This AD was prompted by a reassessment of the flight control 
system, which revealed that uncommanded disengagement of the main 
rotor trim actuators during flight with the autopilot engaged and 
hands-off controls could result in high roll and pitch rates 
requiring pilot intervention within a reaction time below that 
required by current airworthiness standards. The FAA is issuing this 
AD to require installing a cyclic stick weight compensation 
modification to correct this unsafe condition, which if not 
corrected, could result in subsequent loss of control of the 
helicopter.

 (f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

 (g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD No. 2018-0063, dated March 22, 
2018 (EASA AD 2018-0063).

 (h) Exceptions to EASA AD 2018-0063

    (1) Where EASA AD 2018-0063 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2018-0063 requires modifying the helicopter 
within 7 months, this AD requires modifying the helicopter within 
200 hours time-in-service.
    (3) Although the service information referenced in EASA AD 2018-
0063 specifies to discard certain parts, this AD requires removing 
those parts from service instead.
    (4) The ``Remarks'' section of EASA AD 2018-0063 does not apply 
to this AD.

 (i) No Reporting Requirement

    Although the service information referenced in EASA AD 2018-0063 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

 (j) Alternative Methods of Compliance (AMOCs):

    (1) The Manager, Strategic Policy Rotorcraft Section, FAA, has 
the authority to approve AMOCs for this AD, if requested

[[Page 5043]]

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. Send your proposal 
to: Manager, Strategic Policy Rotorcraft Section, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email 
[email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

 (k) Related Information

    (1) For EASA AD 2018-0063, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find 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-2020-1173.
    (2) For more information about this AD, contact Kristi Bradley, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone 817-222-5110; email 
[email protected].

    Issued on January 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-00581 Filed 1-15-21; 8:45 am]
BILLING CODE 4910-13-P