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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
 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 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: *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 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 
                        *ADs@easa.europa.eu;*
                         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 
                        *mahmood.g.shah@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-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 
                    ( print 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 
                    *mahmood.g.shah@faa.gov.*
                     Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. Discussion The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 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
Labor cost
Parts cost
Cost per 
                             product
Cost on U.S. 
                             operatorsUp to 7.5 work-hours × $85 per hour = $637.50
$55
Up to $692.50
Up to $36,010.
 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.
                    ( print 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
 1.The authority citation for part 39 continues to read as follows: Authority:
                    49 U.S.C. 106(g), 40113, 44701. § 39.13
 2.The FAA amends § 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 
                        *9-ASW-FTW-AMOC-Requests@faa.gov.* (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 
                        *ADs@easa.europa.eu;*
                         internet 
                        *www.easa.europa.eu.*
                         You may find this EASA AD on the EASA website at 
                        *https://ad.easa.europa.eu.*
                         You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call 817-222-5110. This material may be found in the AD docket on the internet at 
                        *https://www.regulations.gov*
                         by searching for and locating Docket No. FAA-2020-1036. (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 
                        *mahmood.g.shah@faa.gov.* 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