[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Proposed Rules]
[Pages 76495-76497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26249]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1036; Project Identifier MCAI-2020-01430-R]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 Model SA-365N, SA-365N1, AS-365N2, AS 
365 N3, EC 155B, and EC155B1 helicopters. This proposed AD was prompted 
by the FAA's determination that to improve the process and performance 
in collecting metal particles in the main gear box (MGB) certain 
existing magnetic plugs (electrical and non-electrical) installed in 
the MGB pump intake must be replaced with improved non-electrical 
magnetic plugs. This proposed AD would require replacing the existing 
magnetic plug with an improved non-electrical magnetic plug, as 
specified in a European Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD, which is proposed for incorporation 
by reference. 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 14, 
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 https://www.regulations.gov. 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 material that will be incorporated by reference (IBR) in this 
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#7534310635101406145b1000071a05145b1000"><span class="__cf_email__" data-cfemail="4203063102272331236c2737302d32236c2737">[email protected]</span></a>; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view this IBR 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-
1036.

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-
1036; 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: Mahmood Shah, Aviation Safety 
Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone 817-222-5538; email <a href="/cdn-cgi/l/email-protection#365b575e5b595952185118455e575e7650575718515940"><span class="__cf_email__" data-cfemail="533e323b3e3c3c377d347d203b323b133532327d343c25">[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-2020-1036; Project Identifier 
MCAI-2020-01430-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

[[Page 76496]]

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 
Mahmood Shah, Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5538; 
email <a href="/cdn-cgi/l/email-protection#b3ded2dbdedcdcd79dd49dc0dbd2dbf3d5d2d29dd4dcc5"><span class="__cf_email__" data-cfemail="1479757c797b7b703a733a677c757c547275753a737b62">[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.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0176, dated August 21, 2018 
(EASA AD 2018-0176) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for certain Airbus Helicopters Model SA-365N, SA-365N1, AS-365N2, AS 
365 N3, EC 155B, and EC155B1 helicopters.
    This proposed AD was prompted by the FAA's determination that to 
improve the process and performance in collecting metal particles in 
the MGB certain existing magnetic plugs (electrical and non-electrical) 
installed in the MGB pump intake should be replaced with improved non-
electrical magnetic plugs. The FAA is proposing this AD to address 
metal particles causing seizure of the MGB, loss of power to the main 
rotor, and subsequent loss of control of the helicopter. See the MCAI 
for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0176 describes procedures for replacing the existing 
magnetic plug (electrical and non-electrical) installed in the MGB pump 
intake with an improved non-electrical magnetic plug. 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

    This product has 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 because the FAA 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2018-0176, 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 2018-0176 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2018-0176 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 2018-0176 that is required for compliance with EASA AD 2018-
0176 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-1036 after the FAA 
final rule is published.

Interim Action

    The FAA considers this proposed AD interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD affects 52 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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               Labor cost                   Parts cost         Cost per  product        Cost on U.S.  operators
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Up to 7.5 work-hours x $85 per hour =                $55  Up to $692.50.............  Up to $36,010.
 $637.50.
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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.

[[Page 76497]]

    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: Docket No. FAA-2020-1036; Project Identifier 
MCAI-2020-01430-R.

(a) Comments Due Date

    The FAA must receive comments by January 14, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model SA-365N, SA-365N1, 
AS-365N2, AS 365 N3, EC 155B, and EC155B1 helicopters, certificated 
in any category, equipped with magnetic plugs, part number (P/N) 
1B7807 or P/N 704A34543017 (electrical), or P/N 365A32-1711-00 (non-
electrical), as applicable, installed in the main gearbox (MGB) pump 
intake.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6320, Main Rotor 
Gearbox.

(e) Reason

    This AD was prompted by the FAA's determination that to improve 
the process and performance in collecting metal particles in MGB 
certain existing magnetic plugs (electrical and non-electrical) 
installed in the MGB pump intake must be replaced with improved non-
electrical magnetic plugs. The FAA is issuing this AD to address 
metal particles causing seizure of the MGB, loss of power to the 
main rotor, and 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 2018-0176, dated August 21, 2018 
(EASA AD 2018-0176).

(h) Exceptions to EASA AD 2018-0176

    (1) Where EASA AD 2018-0176 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2018-0176 does not apply 
to this AD.
    (3) Although the service information referenced in EASA AD 2018-
0176 specifies to discard certain parts, this AD does not include 
that requirement.
    (4) Where EASA AD 2018-0176 refers to flight hours (FH), this AD 
requires using hours time-in-service.

(i) 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 
helicopter can be modified (if the operator elects to do so), 
provided the helicopter is operated using day visual flight rules 
and no passengers are onboard.

(j) Alternative Methods of Compliance (AMOCs):

    The Manager, Rotorcraft Standards Branch, FAA, may approve AMOCs 
for this AD. Send your proposal to: Manager, Rotorcraft Standards 
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
817-222-5110; email <a href="/cdn-cgi/l/email-protection#ecd5c1adbfbbc1aab8bbc1ada1a3afc1be899d99899f989fac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="e5dcc8a4b6b2c8a3b1b2c8a4a8aaa6c8b780949080969196a5838484cb828a93">[email protected]</span></a>.

(k) Related Information

    (1) For EASA AD 2018-0176, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#8fcecbfccfeaeefceea1eafafde0ffeea1eafa"><span class="__cf_email__" data-cfemail="7e3f3a0d3e1b1f0d1f501b0b0c110e1f501b0b">[email protected]</span></a>; 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-2020-1036.
    (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 
<a href="/cdn-cgi/l/email-protection#f99498919496969dd79ed78a919891b99f9898d79e968f"><span class="__cf_email__" data-cfemail="87eae6efeae8e8e3a9e0a9f4efe6efc7e1e6e6a9e0e8f1">[email protected]</span></a>.

    Issued on November 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-26249 Filed 11-27-20; 8:45 am]
BILLING CODE 4910-13-P


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