Proposed Rule2021-16467
Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 3, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2019-05-06, which applies to Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. AD 2019-05-06 requires replacing the retaining ring, inspecting the hoist cable hook assembly, and, if necessary, replacing the elastomeric energy absorber. Since the FAA issued AD 2019-05-06 the design approval holder (DAH) has designed an updated hook assembly, which, when installed, terminates the repetitive inspections required by AD 2019-05-06. This proposed AD would continue to require the actions specified in AD 2019-05-06, and would also require a modification or replacement of the hoist cable hook assembly that would terminate the repetitive inspections and retaining ring replacements, as specified in a European Union 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.
Full Text
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<title>Federal Register, Volume 86 Issue 146 (Tuesday, August 3, 2021)</title>
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[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Proposed Rules]
[Pages 41791-41794]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16467]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0611; Project Identifier MCAI-2021-00038-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 supersede Airworthiness Directive (AD)
2019-05-06, which applies to Airbus Helicopters Deutschland GmbH
(Airbus Helicopters) Model EC135P1, EC135P2, EC135P2+, EC135P3,
EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. AD 2019-05-06
requires replacing the retaining ring, inspecting the hoist cable hook
assembly, and, if necessary, replacing the elastomeric energy absorber.
Since the FAA issued AD 2019-05-06 the design approval holder (DAH) has
designed an updated hook assembly, which, when installed, terminates
the repetitive inspections required by AD 2019-05-06. This proposed AD
would continue to require the actions specified in AD 2019-05-06, and
would also require a modification or replacement of the hoist cable
hook assembly that would terminate the repetitive inspections and
retaining ring replacements, as specified in a European Union 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 September
17, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For EASA material that is proposed for IBR in this AD, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221
8999 000; email: <a href="/cdn-cgi/l/email-protection#08494c7b486d697b69266d7d7a677869266d7d"><span class="__cf_email__" data-cfemail="6322271023060210024d0616110c13024d0616">[email protected]</span></a>; internet: www.easa.europa.eu. You
may find this IBR material on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. For Goodrich service information identified in this
AD, contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775;
or at <a href="https://www.airbus.com/helicopters/services/technical-support.html">https://www.airbus.com/helicopters/services/technical-support.html</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for
and locating Docket No. FAA-2021-0611.
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0611; 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: Jacob Fitch, Aerospace Engineer, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; phone: (817) 222-4130; email: <a href="/cdn-cgi/l/email-protection#7c161d1f131e521a15081f143c1a1d1d521b130a"><span class="__cf_email__" data-cfemail="d5bfb4b6bab7fbb3bca1b6bd95b3b4b4fbb2baa3">[email protected]</span></a>.
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-2021-0611; Project Identifier
MCAI-2021-00038-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
[[Page 41792]]
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 Jacob Fitch, Aerospace
Engineer, COS Program Management Section, Operational Safety Branch,
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; phone: (817) 222-4130; email: <a href="/cdn-cgi/l/email-protection#0e646f6d616c2068677a6d664e686f6f20696178"><span class="__cf_email__" data-cfemail="b7ddd6d4d8d599d1dec3d4dff7d1d6d699d0d8c1">[email protected]</span></a>. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.
Background
The FAA issued AD 2019-05-06, Amendment 39-19588 (84 FR 8961, March
13, 2019) (AD 2019-05-06), which applies to Airbus Helicopters Model
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and
EC135T3 helicopters. AD 2019-05-06 requires replacing the retaining
ring, inspecting the hoist cable hook assembly, and, if necessary,
replacing the elastomeric energy absorber. The FAA issued AD 2019-05-06
to address detachment of a hook assembly from an external mounted hoist
cable resulting in in-flight failure of the hoist assembly, which could
result in injury to persons being lifted.
Actions Since AD 2019-05-06 Was Issued
Since the FAA issued AD 2019-05-06, the DAH has designed an updated
hook assembly, which, when installed terminates the repetitive
inspections required by AD 2019-05-06.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0011, dated January 12, 2021
(EASA AD 2021-0011) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for Airbus Helicopters Deutschland GmbH (AHD) (formerly Eurocopter
Deutschland GmbH, Eurocopter Espa[ntilde]a S.A.) Model EC135P1,
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3,
EC635P2+, EC635P3, EC635T1, EC635T2+ and EC635T3 helicopters, all
serial numbers up to 1276 inclusive. Model EC635P2+, EC635P3, EC635T1,
EC635T2+, and EC635T3 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 those
helicopters in the applicability.
This proposed AD was prompted by a report that a hook detached from
the hoist cable. The FAA is proposing this AD to address detachment of
a hook from a hoist cable resulting in in-flight failure of the hoist,
which could result in injury to persons being lifted. See the MCAI for
additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0011 specifies procedures for replacing the retaining
ring; inspecting the hoist cable hook assembly; replacing the
elastomeric energy absorber; and modifying the hoist cable hook
assembly or replacing an affected hoist with a serviceable hoist, which
terminates the repetitive inspections and replacements.
This proposed AD also requires Goodrich Service Bulletin No. 44301-
10-17, Revision 4, dated July 26, 2017, which the Director of the
Federal Register approved for incorporation by reference as of April
17, 2019 (84 FR 8961).
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.
Other Related Service Information
Airbus Helicopters has issued Alert Service Bulletin No. ASB EC135-
85A-069, Revision 0, dated August 2, 2017. The service information
describes procedures for inspecting each affected hook assembly,
replacing the retaining ring, and replacing the elastomeric energy
absorber.
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 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 products of these
same type designs.
Proposed AD Requirements
This proposed AD would require replacing the retaining ring,
inspecting the hoist cable hook assembly, and, if necessary, replacing
the elastomeric energy absorber. This proposed AD would also require
accomplishing the actions specified in EASA AD 2021-0011 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 2021-0011
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2021-0011 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 2021-0011 that is required for compliance with EASA AD 2021-
0011 will be available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
by searching for and locating Docket No. FAA-2021-0611 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 341 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 41793]]
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Retained inspections and 0.50 work-hour x Minimal........... $42.50, per Up to $14,492.50,
replacements of the retaining $85 per hour = inspection cycle. per inspection
ring from AD $42.50. cycle
2019[dash]05[dash]06.
New proposed modification....... 1 work-hour x $85 Negligible........ $85............... $28,985
per hour = $85.
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The FAA estimates the following costs to do any necessary on-
condition replacement of the elastomeric energy absorber that would be
required based on the results of any required inspections. The FAA has
no way of determining the number of helicopters that might need this
on-condition action:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
0.50 work-hour x $85 per hour = $42.50 $2,152 $2,194.50
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According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators. The FAA does not control warranty
coverage for affected operators. As a result, the FAA has included all
known costs in the cost estimate.
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:
0
a. Removing Airworthiness Directive (AD) 2019-05-06, Amendment 39-19588
(84 FR 8961, March 13, 2019); and
0
b. Adding the following new AD:
Airbus Helicopters Deutschland GmbH: Docket No. FAA-2021-0611;
Project Identifier MCAI-2021-00038-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 17, 2021.
(b) Affected ADs
This AD replaces AD 2019-05-06, Amendment 39-19588 (84 FR 8961,
March 13, 2019) (AD 2019-05-06).
(c) Applicability
This AD applies to Airbus Helicopters Deutschland GmbH Model
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and
EC135T3 helicopters, all serial numbers up to 1276 inclusive,
certificated in any category, with an affected hoist as identified
in European Union Aviation Safety Agency (EASA) AD 2021-0011, dated
January 12, 2021 (EASA AD 2021-0011).
(d) Subject
Joint Aircraft System Component (JASC) Code 2500, Cabin
Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by a report that a hook detached from the
hoist cable. The FAA is issuing this AD to address detachment of a
hook from a hoist cable resulting in in-flight failure of the hoist,
which could result in injury to persons being lifted.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Requirements of Paragraph (e) of AD 2019-05-06
This paragraph restates the requirements of paragraph (e) of AD
2019-05-06 with no changes. For Model EC135P1, EC135P2, EC135P2+,
EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters: Within
90 hours time-in-service (TIS) after April 17, 2019 (the effective
date of AD 2019-05-06) and thereafter at intervals not to exceed 180
hours TIS:
(1) Inspect the hook assembly and determine whether the
elastomeric energy absorber has taken a permanent compression set by
following the Accomplishment Instructions, paragraphs 2.A and 2.B,
of Goodrich Service Bulletin No. 44301-10-17,
[[Page 41794]]
Revision 4, dated July 26, 2017 (SB 44301-10-17). If the elastomeric
energy absorber has taken a permanent compression set, replace the
elastomeric energy absorber before the next hoist operation.
(2) Replace the retaining ring by following the Accomplishment
Instructions, paragraphs 2.D through 2.K, of SB 44301-10-17.
(h) New Requirements
Except as specified in paragraph (i) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0011.
(i) Exceptions to EASA AD 2021-0011
(1) Where EASA AD 2021-0011 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Paragraphs (1) and (2) of EASA AD 2021-0011 do not apply to
this AD. The equivalent FAA requirements are specified in paragraph
(g) of this AD.
(3) The ``Remarks'' section of EASA AD 2021-0011 does not apply
to this AD.
(4) Where the service information referenced in EASA AD 2021-
0011 specifies to discard certain parts, this AD requires removing
those parts from service.
(5) Where paragraph (3) of EASA AD 2021-0011 specifies to modify
using ``the instructions of the modification ASB,'' this AD requires
using ``paragraph 3.B.1 and 3.B.2 of the Accomplishment Instructions
of the modification ASB.''
(6) Where the service information referenced in EASA AD 2021-
0011 specifies to use tooling, equivalent tooling may be used.
(7) Accomplishing the modification specified in paragraph (3) of
EASA AD 2021-0011 or the replacement specified in paragraph (4) of
EASA AD 2021-0011 terminates the repetitive actions required by
paragraph (g) of this AD.
(8) Where paragraph (6) of EASA AD 2021-0011 refers to October
25, 2017 (the effective date of EASA AD 2017-0199), this AD requires
using the effective date of this AD; and where paragraph (6) of EASA
AD 2021-0011 specified to do actions ``as required by paragraph (1)
of this [EASA] AD,'' for this AD, do the actions required by
paragraph (g) of this AD.
(9) Paragraph (7) of EASA AD 2021-0011 does not apply to this
AD. For this AD, for helicopters that do not have an affected hoist
identified in paragraph (c) of this AD installed: As of the
effective date of this AD, do not install an affected hoist
identified in paragraph (c) of this AD on any helicopter.
(j) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
required actions can be done to the helicopter (if the operator
elects to do so), provided the hoist is not used.
(k) 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 (l)(5) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#b48d99f5e2e799f5fde69983878499f5f9fbf7f4d2d5d59ad3dbc2"><span class="__cf_email__" data-cfemail="635a4e2235304e222a314e5450534e222e2c20230502024d040c15">[email protected]</span></a>.
(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 2021-0011, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#4203063102272331236c2737302d32236c2737"><span class="__cf_email__" data-cfemail="97d6d3e4d7f2f6e4f6b9f2e2e5f8e7f6b9f2e2">[email protected]</span></a>; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
(2) For Goodrich service information identified in this AD,
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-
3775; or at <a href="https://www.airbus.com/helicopters/services/technical-support.html">https://www.airbus.com/helicopters/services/technical-support.html</a>.
(3) 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2021-0611.
(4) Airbus Helicopters Alert Service Bulletin No. ASB EC135-85A-
069, Revision 0, dated August 2, 2017, which is not incorporated by
reference, contains additional information about the actions
specified in paragraph (g) of this AD.
(5) For more information about this AD, contact Jacob Fitch,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; phone: (817) 222-4130; email:
<a href="/cdn-cgi/l/email-protection#3e545f5d515c1058574a5d567e585f5f10595148"><span class="__cf_email__" data-cfemail="0e646f6d616c2068677a6d664e686f6f20696178">[email protected]</span></a>.
Issued on July 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16467 Filed 8-2-21; 8:45 am]
BILLING CODE 4910-13-P
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