Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters, 29216-29219 [2021-11187]

Download as PDF 29216 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules Branch, send it to the attention of the person identified in paragraph (l)(2) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@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. (l) Related Information (1) For EASA AD 2017–1034R2, 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–2021–0379. (2) For more information about this AD, contact Mahmood Shah, Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222–5538; email mahmood.g.shah@faa.gov. Issued on May 21, 2021. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–11376 Filed 5–28–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0380; Project Identifier MCAI–2020–01683–R] RIN 2120–AA64 Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters Examining the AD Docket 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, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. This proposed AD was prompted by a report that geometrical non-conformities were found in the root section of the tail rotor blade (TRB). This proposed AD would require a onetime inspection (dimensional check) of jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:16 May 28, 2021 Jkt 253001 the TRB for conformity and, depending on the findings, replacement of certain affected parts, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also prohibit rework, repair, or modification of affected parts in the affected area of the TRB assembly root. 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 July 16, 2021. 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 that is proposed for IBR in this AD, contact the EASA, KonradAdenauer-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–2021–0380. You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2021– 0380; 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: Andrea Jimenez, Aerospace Engineer, COS Program Management Section, Operational Safety Branch, Compliance PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 & Airworthiness Division, FAA, 1600 Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; telephone (516) 228–7330; email andrea.jimenez@ faa.gov. 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–2021–0380.; Project Identifier MCAI–2020–01683–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 Andrea Jimenez, Aerospace Engineer, COS Program Management Section, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 1600 Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; telephone (516) 228–7330; email andrea.jimenez@ 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. E:\FR\FM\01JNP1.SGM 01JNP1 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules Background The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020–0282, dated December 17, 2020 (EASA AD 2020–0282) (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for 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, all variants, all serial numbers. Model EC635 P2+, EC635 P3, EC635 T1, EC635 T2+, and EC635 T3 helicopters are 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 P2+, EC635 P3, EC635 T1, EC635 T2+, and EC635 T3 helicopters in the applicability. Furthermore, although EASA AD 2020–0282 applies to all Model EC135 P1, EC135 P2, EC135 P2+, EC135 P3, EC135 T1, EC135 T2, EC135 T2+, EC135 T3 helicopters, this proposed AD would apply to helicopters with an affected part installed instead. This proposed AD was prompted by a report that during an investigation related to an accident on an Airbus Helicopters Model EC130B helicopter, geometrical non-conformities were observed in the TRB root section. EASA issued AD 2020–0187, dated August 21, 2020, to address this issue on Model EC130B and EC130T2 helicopters and the FAA issued a corresponding proposed AD, Docket No. FAA–2021– 0145, Project Identifier MCAI–2020– 01212–R (86 FR 14290, March 15, 2021). The Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters have a similar design and production requirements to the affected Model EC 130B helicopter, and an inspection of the affected parts has detected geometrical non-conformities in some instances. The FAA is proposing this AD to address geometrical non-conformities in the TRB root section, which could lead to crack initiation and consequent blade failure, resulting in loss of control of the helicopter. See the MCAI for additional background information. FAA’s Determination These helicopters have 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 after evaluating all the relevant information and determining the unsafe condition described previously is likely to exist or develop in other helicopters of these same type designs. Related Service Information Under 1 CFR Part 51 EASA AD 2020–0282 requires a onetime inspection (dimensional check) to verify TRB conformity, and, depending on findings, replacement of each affected part classified as Category B (non-compliant TRB assembly). EASA AD 2020–0282 also prohibits rework, repair or modification of affected parts in the critical section (affected area of the TRB assembly root). 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. Proposed AD Requirements in This NPRM This proposed AD would require accomplishing the actions specified in EASA AD 2020–0282, described 29217 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 2020–0282 will be incorporated by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2020–0282 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 2020–0282 that is required for compliance with EASA AD 2020–0282 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0380 after the FAA final rule is Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 341 helicopters of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: jbell on DSKJLSW7X2PROD with PROPOSALS ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 4 work-hours × $85 per hour = $340 .......................................................................................... $0 $340 $115,940 The FAA estimates the following costs to do any necessary on-condition actions that would be required based on VerDate Sep<11>2014 17:16 May 28, 2021 Jkt 253001 the results of any required actions. The FAA has no way of determining the PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 number of helicopters that might need these on-condition actions: E:\FR\FM\01JNP1.SGM 01JNP1 29218 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Cost per product 10 work-hours × $85 per hour = $850 .................................................................................................................... $4,400 $5,250 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) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. jbell on DSKJLSW7X2PROD with PROPOSALS 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: 17:16 May 28, 2021 Jkt 253001 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–2021–0380.; Project Identifier MCAI–2020–01683–R. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by July 16, 2021. (b) Affected 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 any of the tail rotor blade (TRB) part numbers specified in paragraphs (c)(1) through (5) of this AD installed. (1) Part number (P/N) L642A2002101. (2) P/N L642A2002103. (3) P/N L642A2002104. (4) P/N L642A2002111. (5) P/N L642A2002112. (d) Subject Joint Aircraft System Component (JASC) Code 6410, Tail Rotor Blades. (e) Unsafe Condition This AD was prompted by a report that during an investigation related to an accident on an Airbus Helicopters Model EC130B helicopter, geometrical non-conformities were observed in the TRB root section. The FAA is issuing this AD to address geometrical non-conformities in the TRB root section, which could lead to crack initiation and consequent blade failure, resulting in loss of control of the helicopter. (f) Compliance List of Subjects in 14 CFR Part 39 VerDate Sep<11>2014 PART 39—AIRWORTHINESS DIRECTIVES Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2020–0282, dated December 17, 2020 (EASA AD 2020–0282). PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 (h) Exceptions to EASA AD 2020–0282 (1) Where EASA AD 2020–0282 refers to its effective date, this AD requires using the effective date of this AD. (2) The ‘‘Remarks’’ section of EASA AD 2020–0282 does not apply to this AD. (3) Where the service information referred to in EASA AD 2020–0282 specifies to discard a certain part, this AD requires removing that parts from service. (4) Where EASA AD 2020–0282 refers to flight hours (FH), this AD requires using hours time-in-service. (5) Where the service information referred to in EASA AD 2020–0282 specifies to measure using the Smartphone application or the PowerPoint method, those methods of measurement are not required by this AD. (6) Where the service information referred to in EASA AD 2020–0282 specifies to contact Airbus Helicopters if the measurement results cannot be confirmed, this AD requires determining the specified measurements but does not require contacting Airbus Helicopters for confirmation. (i) No Reporting Requirement Although the service information referred to in EASA AD 2020–0282 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@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 2020–0282, 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 E:\FR\FM\01JNP1.SGM 01JNP1 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0380. (2) For more information about this AD, contact Andrea Jimenez, Aerospace Engineer, COS Program Management Section, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 1600 Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; telephone (516) 228–7330; email andrea.jimenez@faa.gov. Issued on May 21, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–11187 Filed 5–28–21; 8:45 am] BILLING CODE 4910–13–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2021–0249; FRL–10022– 26–Region 9] Rescission of Clean Data Determination and Call for Attainment Plan Revision for the Yuma, AZ 1987 PM10 Moderate Nonattainment Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to rescind its previously issued clean data determination for the Yuma, Arizona ‘‘Moderate’’ nonattainment area for the 1987 24-hour national ambient air quality standard (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10) because recent complete, quality-assured monitoring data show that the area has subsequently violated this NAAQS. We are also proposing to find that the Arizona State Implementation Plan (SIP) is substantially inadequate to attain or maintain the PM10 standard and to call for Arizona to revise the SIP to address this inadequacy. DATES: Any comments must arrive by July 1, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2021–0249 at https:// www.regulations.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 19:30 May 28, 2021 Jkt 253001 information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: John J. Kelly, Air Planning Office (AIR–2), EPA Region IX, (415) 947–4151, kelly.johnj@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we’’, ‘‘us,’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Background A. The 1987 PM10 NAAQS B. Designation and Classification of the Yuma PM10 Nonattainment Area C. The Clean Data Policy and the 2006 Clean Data Determination II. Current Monitoring Data III. Proposed Action and Request for Public Comment IV. Statutory and Executive Order Reviews I. Background A. The 1987 PM10 NAAQS The EPA sets NAAQS for certain ambient air pollutants at levels required to protect human health and the environment. The primary NAAQS represent ambient air quality standards the attainment and maintenance of which the EPA has determined are requisite to protect public health, including an adequate margin of safety. The secondary NAAQS represent ambient air quality standards the attainment and maintenance of which the EPA has determined are requisite to protect public welfare from any known or anticipated adverse effects associated with the presence of such air pollutant in the ambient air. PM10 is one of these ambient air pollutants for which the PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 29219 EPA has established NAAQS. On July 1, 1987, the EPA promulgated two primary standards for PM10: A 24-hour standard of 150 micrograms per cubic meter (mg/ m3) and an annual PM10 standard of 50 mg/m3. The EPA also promulgated secondary PM10 standards that were identical to the primary standards.1 Effective December 18, 2006, the EPA revoked the annual PM10 NAAQS but retained the 24-hour PM10 NAAQS.2 Because they are identical, we refer to the primary and secondary 24-hour standards using the single term, NAAQS. The 24-hour PM10 NAAQS is attained when the expected number of exceedances, averaged over a three-year period, is less than or equal to one. The expected number of exceedances averaged over a three-year period at any given monitor is known as the PM10 design value for that site. The PM10 design value for the nonattainment area is the highest design value from a monitor within that area. The methodologies for calculating expected exceedances for the 24-hour PM10 NAAQS are found in 40 CFR part 50, appendix K, Section 2.1(a). B. Designation and Classification of the Yuma PM10 Nonattainment Area Upon enactment of the 1990 Amendments to the Clean Air Act (CAA or ‘‘Act’’), the Act itself designated specific areas as nonattainment by operation of law, and classified these areas as Moderate.3 These areas included all former Group I PM10 planning areas identified in Federal Register documents published on August 7, 1987,4 and October 31, 1990,5 and any other areas violating the 1987 PM10 NAAQS prior to January 1, 1989. The EPA published a Federal Register document announcing the areas designated nonattainment for PM10 upon enactment of the 1990 CAA Amendments, known as ‘‘initial’’ PM10 nonattainment areas, on March 15, 1991.6 The EPA published a subsequent Federal Register document correcting some of these areas on August 8, 1991.7 These nonattainment designations and Moderate area classifications were codified in 40 CFR part 81 on November 6, 1991.8 The EPA designated as ‘‘unclassifiable’’ all other areas in the Nation not designated nonattainment 1 52 FR 24634 (July 1, 1987). FR 61144 (October 17, 2006). 3 42 U.S.C. 7407(d)(4)(B), 7513(a). 4 52 FR 29383. 5 55 FR 45799. 6 56 FR 11101. 7 56 FR 37654. 8 56 FR 56694. 2 71 E:\FR\FM\01JNP1.SGM 01JNP1

Agencies

[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Proposed Rules]
[Pages 29216-29219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11187]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0380; Project Identifier MCAI-2020-01683-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, 
EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. 
This proposed AD was prompted by a report that geometrical non-
conformities were found in the root section of the tail rotor blade 
(TRB). This proposed AD would require a one-time inspection 
(dimensional check) of the TRB for conformity and, depending on the 
findings, replacement of certain affected parts, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is proposed for 
incorporation by reference (IBR). This proposed AD would also prohibit 
rework, repair, or modification of affected parts in the affected area 
of the TRB assembly root. 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 July 16, 
2021.

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 that is proposed for IBR in this 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-2021-0380.

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-2021-
0380; 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: Andrea Jimenez, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Mail Stop: Room 410, 
Westbury, NY 11590; telephone (516) 228-7330; 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-2021-0380.; Project 
Identifier MCAI-2020-01683-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 
Andrea Jimenez, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; telephone 
(516) 228-7330; 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.

[[Page 29217]]

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0282, dated December 17, 2020 
(EASA AD 2020-0282) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for 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, all variants, 
all serial numbers. Model EC635 P2+, EC635 P3, EC635 T1, EC635 T2+, and 
EC635 T3 helicopters are 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 
P2+, EC635 P3, EC635 T1, EC635 T2+, and EC635 T3 helicopters in the 
applicability.
    Furthermore, although EASA AD 2020-0282 applies to all Model EC135 
P1, EC135 P2, EC135 P2+, EC135 P3, EC135 T1, EC135 T2, EC135 T2+, EC135 
T3 helicopters, this proposed AD would apply to helicopters with an 
affected part installed instead.
    This proposed AD was prompted by a report that during an 
investigation related to an accident on an Airbus Helicopters Model 
EC130B helicopter, geometrical non-conformities were observed in the 
TRB root section. EASA issued AD 2020-0187, dated August 21, 2020, to 
address this issue on Model EC130B and EC130T2 helicopters and the FAA 
issued a corresponding proposed AD, Docket No. FAA-2021-0145, Project 
Identifier MCAI-2020-01212-R (86 FR 14290, March 15, 2021). The Airbus 
Helicopters Deutschland GmbH Model EC135P1, EC135P2, EC135P2+, EC135P3, 
EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters have a similar 
design and production requirements to the affected Model EC 130B 
helicopter, and an inspection of the affected parts has detected 
geometrical non-conformities in some instances. The FAA is proposing 
this AD to address geometrical non-conformities in the TRB root 
section, which could lead to crack initiation and consequent blade 
failure, resulting in loss of control of the helicopter. See the MCAI 
for additional background information.

FAA's Determination

    These helicopters have 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 after evaluating all the 
relevant information and determining the unsafe condition described 
previously is likely to exist or develop in other helicopters of these 
same type designs.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0282 requires a one-time inspection (dimensional 
check) to verify TRB conformity, and, depending on findings, 
replacement of each affected part classified as Category B (non-
compliant TRB assembly). EASA AD 2020-0282 also prohibits rework, 
repair or modification of affected parts in the critical section 
(affected area of the TRB assembly root).
    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.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0282, 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 2020-0282 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0282 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 2020-0282 that is required for compliance with EASA AD 2020-
0282 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0380 after the FAA 
final rule is

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 341 helicopters of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................              $0             $340         $115,940
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
helicopters that might need these on-condition actions:

[[Page 29218]]



                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
10 work-hours x $85 per hour = $850...          $4,400           $5,250
------------------------------------------------------------------------

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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-2021-0380.; 
Project Identifier MCAI-2020-01683-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 16, 2021.

(b) Affected 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 any of the 
tail rotor blade (TRB) part numbers specified in paragraphs (c)(1) 
through (5) of this AD installed.
    (1) Part number (P/N) L642A2002101.
    (2) P/N L642A2002103.
    (3) P/N L642A2002104.
    (4) P/N L642A2002111.
    (5) P/N L642A2002112.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6410, Tail Rotor 
Blades.

(e) Unsafe Condition

    This AD was prompted by a report that during an investigation 
related to an accident on an Airbus Helicopters Model EC130B 
helicopter, geometrical non-conformities were observed in the TRB 
root section. The FAA is issuing this AD to address geometrical non-
conformities in the TRB root section, which could lead to crack 
initiation and consequent blade failure, resulting in 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 Union Aviation Safety Agency (EASA) AD 
2020-0282, dated December 17, 2020 (EASA AD 2020-0282).

(h) Exceptions to EASA AD 2020-0282

    (1) Where EASA AD 2020-0282 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0282 does not apply 
to this AD.
    (3) Where the service information referred to in EASA AD 2020-
0282 specifies to discard a certain part, this AD requires removing 
that parts from service.
    (4) Where EASA AD 2020-0282 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (5) Where the service information referred to in EASA AD 2020-
0282 specifies to measure using the Smartphone application or the 
PowerPoint method, those methods of measurement are not required by 
this AD.
    (6) Where the service information referred to in EASA AD 2020-
0282 specifies to contact Airbus Helicopters if the measurement 
results cannot be confirmed, this AD requires determining the 
specified measurements but does not require contacting Airbus 
Helicopters for confirmation.

(i) No Reporting Requirement

    Although the service information referred to in EASA AD 2020-
0282 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (k)(2) of 
this AD. Information may be emailed to: [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 2020-0282, 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

[[Page 29219]]

material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0380.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; telephone 
(516) 228-7330; email [email protected].

    Issued on May 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-11187 Filed 5-28-21; 8:45 am]
BILLING CODE 4910-13-P
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