Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters, 5040-5043 [2021-00581]
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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.
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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:
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§ 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:
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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
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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.
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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
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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.
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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.
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(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
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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:
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(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:
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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.
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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
