Proposed Rule2021-25396
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
November 23, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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 of restricted collective lever movement caused by entanglement of the emergency flashlight strap with the cargo hook emergency release lever, causing the emergency flashlight to leave its seat. This proposed AD would require replacing each affected emergency flashlight with a serviceable part, 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 installation of affected parts. 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 223 (Tuesday, November 23, 2021)</title>
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[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Proposed Rules]
[Pages 66474-66476]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25396]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-1012; Project Identifier MCAI-2021-00697-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 certain Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2,
EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters.
This proposed AD was prompted by a report of restricted collective
lever movement caused by entanglement of the emergency flashlight strap
with the cargo hook emergency release lever, causing the emergency
flashlight to leave its seat. This proposed AD would require replacing
each affected emergency flashlight with a serviceable part, 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 installation of affected parts. 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 January 7,
2022.
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) 493-2251.0
<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
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#7e3f3a0d3e1b1f0d1f501b0b0c110e1f501b0b"><span class="__cf_email__" data-cfemail="7b3a3f083b1e1a081a551e0e09140b1a551e0e">[email protected]</span></a>; internet www.easa.europa.eu. You
may find the EASA material on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</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. This material is also
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2021-1012.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-1012; 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, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, FAA, 950 L'Enfant Plaza SW, Washington, DC
20024; telephone (202) 267-9167; email <a href="/cdn-cgi/l/email-protection#f69e979ad89c9398859398b6909797d8919980"><span class="__cf_email__" data-cfemail="7810191456121d160b1d16381e1919561f170e">[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-2021-1012; Project Identifier
MCAI-2021-00697'' 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 NPRM.
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 Hal
Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 950
L'Enfant Plaza SW, Washington, DC 20024; telephone (202) 267-9167;
email <a href="/cdn-cgi/l/email-protection#3850595416525d564b5d56785e5959165f574e"><span class="__cf_email__" data-cfemail="7018111c5e1a151e03151e301611115e171f06">[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 EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0149, dated June 21, 2021 (EASA
AD 2021-0149), 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 up to
820 inclusive. 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.
This proposed AD was prompted by a report of restricted collective
lever movement caused by entanglement of the emergency flashlight strap
with the cargo hook emergency release lever, causing the emergency
flashlight to leave its seat. The FAA is issuing this AD to address
entanglement of the
[[Page 66475]]
emergency flashlight strap with the cargo hook emergency release lever.
The unsafe condition, if not addressed, could result in reduced control
of the helicopter, resulting in damage to the helicopter and injury to
occupants. See EASA AD 2021-0149 for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0149 requires replacing each affected emergency
flashlight with a serviceable part. EASA AD 2021-0149 also specifies
that an affected part can be modified and re-identified into a
serviceable part. EASA AD 2021-0149 also prohibits the installation of
an affected part.
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
These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of these same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0149, 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 developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0149 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0149 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 EASA AD 2021-0149 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 EASA AD 2021-
0149. Service information referenced in EASA AD 2021-0149 for
compliance will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-1012 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 335 helicopters of U.S. Registry. The FAA estimates the
following costs to comply with this proposed AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Replacement of affected part.......... 1 work-hour x $85 per $219 $304 $101,840
hour = $85.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) 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-2021-1012;
Project Identifier MCAI-2021-00697-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 7, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Deutschland GmbH Model
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1,
[[Page 66476]]
EC135T2, EC135T2+, and EC135T3 helicopters, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2021-0149, dated July 5, 2021 (EASA 2021-0149).
(d) Subject
Joint Aircraft Service Component (JASC) Code: 2510, Flight
Compartment Equipment.
(e) Unsafe Condition
This AD was prompted by a report of restricted collective lever
movement. Subsequent inspection determined that the emergency
flashlight was stuck under that lever caused by entanglement of the
emergency flashlight strap with the cargo hook emergency release
lever, causing the emergency flashlight to leave its seat. The FAA
is issuing this AD to address entanglement of the emergency
flashlight strap with the cargo hook emergency release lever. The
unsafe condition, if not addressed, could result in reduced control
of the helicopter, resulting in damage to the helicopter and injury
to occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0149.
(h) Exceptions to EASA AD 2021-0149
(1) Where EASA AD 2021-0149 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0149.
(i) 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 (j)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#a0998de1f6f38de1e9f28d9793908de1edefe3e0c6c1c18ec7cfd6"><span class="__cf_email__" data-cfemail="87beaac6d1d4aac6ced5aab0b4b7aac6cac8c4c7e1e6e6a9e0e8f1">[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.
(j) Related Information
(1) For EASA AD 2021-0149, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#3f7e7b4c7f5a5e4c5e115a4a4d504f5e115a4a"><span class="__cf_email__" data-cfemail="db9a9fa89bbebaa8baf5beaea9b4abbaf5beae">[email protected]</span></a>; internet www.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 at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-1012.
(2) For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, FAA, 950 L'Enfant
Plaza SW, Washington, DC 20024; telephone (202) 267-9167; email
<a href="/cdn-cgi/l/email-protection#167e777a387c73786573785670777738717960"><span class="__cf_email__" data-cfemail="0a626b6624606f64796f644a6c6b6b246d657c">[email protected]</span></a>.
Issued on November 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-25396 Filed 11-22-21; 8:45 am]
BILLING CODE 4910-13-P
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