[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Proposed Rules]
[Pages 79435-79438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26965]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1114; Project Identifier 2019-SW-058-AD]
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 EC120B helicopters. This proposed 
AD was prompted by a report of broken and bent attachment bolts of the 
main rotor (MR) hub scissors assembly. This proposed AD would require 
an inspection of the attachment bolts of the MR hub scissors assembly 
for discrepancies and repair if necessary; part marking of the 
attachment bolts of the MR hub scissors assembly; and repetitive 
inspections of the part marking of the attachment bolts, and repair if 
necessary; as specified in a European Union Aviation Safety Agency 
(EASA) AD, which will be incorporated 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 25, 
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 incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 89990 000; email <a href="/cdn-cgi/l/email-protection#1051546350757163713e7565627f60713e7565"><span class="__cf_email__" data-cfemail="c58481b685a0a4b6a4eba0b0b7aab5a4eba0b0">[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-2020-1114.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for

[[Page 79436]]

and locating Docket No. FAA-2020-1114; 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: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, FAA, 470 L'Enfant Plaza SW, Washington, DC 
20024; telephone 202-267-9167; email <a href="/cdn-cgi/l/email-protection#5931383577333c372a3c37193f3838773e362f"><span class="__cf_email__" data-cfemail="8ae2ebe6a4e0efe4f9efe4caecebeba4ede5fc">[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-2020-1114; Project Identifier 
2019-SW-058-AD'' 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 Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 470 
L'Enfant Plaza SW, Washington, DC 20024; telephone 202-267-9167; email 
<a href="/cdn-cgi/l/email-protection#5038313c7e3a353e23353e103631317e373f26"><span class="__cf_email__" data-cfemail="472f262b692d22293422290721262669202831">[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 2019-0139, dated June 12, 2019 (EASA 
AD 2019-0139) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus Helicopters Model EC120B helicopters.
    This proposed AD was prompted by a report of broken and bent 
attachment bolts of the MR hub scissors assembly. The FAA is proposing 
this AD to address broken and bent attachment bolts of the MR hub 
scissors assembly, which could lead to detachment of a MR hub scissors 
attachment bolt, possibly resulting in complete loss of control of the 
helicopter. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0139 describes procedures for an inspection of the 
attachment bolts of the MR hub scissors assembly for discrepancies 
(discrepancies include corrosion, fretting, wear, cracking, bolt play, 
and bolt tightening torque); and repair if necessary; part marking of 
the attachment bolts of the MR hub scissors assembly; and repetitive 
inspections, after part marking, of the attachment bolts for 
discrepancies, and repair if necessary. The inspections of the 
attachment bolts of the MR hub assembly include checking the play and 
torque of the scissors attachment bolts and making sure that there are 
no hard spots in the scissors link hinge.
    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 2019-0139, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this 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 2019-0139 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0139 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 2019-0139 that is required for compliance with EASA AD 2019-
0139 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-1114 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 160 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 79437]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425          $68,000
----------------------------------------------------------------------------------------------------------------

    The FAA estimates that it would take about 1 hour per product to 
comply with the proposed reporting requirement in this proposed AD. The 
average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting on U.S. operators to be $13,600, or $85 
per product.
    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:

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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4 work-hours x $85 per hour = $340....             $40             $380
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to Information Collection Clearance Officer, Federal 
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-
1524.

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) 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-2020-1114; Project Identifier 
2019-SW-058-AD.

(a) Comments Due Date

    The FAA must receive comments by January 25, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model EC120B helicopters, 
certificated in any category, having an affected part as defined in 
European Union Aviation Safety Agency (EASA) AD 2019-0139, dated 
June 12, 2019 (EASA AD 2019-0139).

(d) Subject

    Joint Aircraft System Component (JASC) Code 6200, Main Rotor 
System.

(e) Reason

    This AD was prompted by a report of broken and bent attachment 
bolts of the main rotor (MR) hub scissors assembly. The FAA is 
issuing this AD to address broken and bent attachment bolts of the 
MR hub scissors assembly, which could lead to detachment of a MR hub 
scissors attachment bolt, possibly resulting in complete 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, EASA AD 2019-0139.

[[Page 79438]]

(h) Exceptions to EASA AD 2019-0139

    (1) Where EASA AD 2019-0139 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2019-0139 refers to September 5, 2018 (the 
effective date of EASA AD 2018-0186, dated August 29, 2018), this AD 
requires using the effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2019-0139 does not apply 
to this AD.
    (4) Where EASA AD 2019-0139 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (5) Paragraphs (3) and (4) of EASA AD 2019-0139 refer to 
``discrepancies.'' For this AD, discrepancies include corrosion, 
fretting, wear, cracking, bolt play, and bolt tightening torque.
    (6) Although the service information referenced in EASA AD 2019-
0139 specifies to discard certain parts, this AD does not include 
that requirement.
    (7) Where EASA AD 2019-0139 specifies to contact the 
manufacturer for repair instructions, repair using a method approved 
by the Manager, Rotorcraft Standards Branch, FAA. For a repair 
method to be approved by the Manager, Rotorcraft Standards Branch, 
as required by this paragraph, the Manager's approval letter must 
specifically refer to this AD.
    (8) Paragraph (5) of EASA AD 2019-0139 specifies to report 
inspection results to Airbus Helicopters within a certain compliance 
time. For this AD, report inspection results at the applicable time 
specified in paragraph (h)(8)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

(i) 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; phone: 817-
222-5110; email: <a href="/cdn-cgi/l/email-protection#ebd2c6aab8bcc6adbfbcc6aaa6a4a8c6b98e9a9e8e989f98ab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="427b6f0311156f0416156f030f0d016f1027333727313631022423236c252d34">[email protected]</span></a>.

(j) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 1 hour per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and 
reviewing the collection of information. All responses to this 
collection of information are mandatory as required by this AD. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing this 
burden to Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

(k) Related Information

    (1) For EASA AD 2019-0139, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 000; email 
<a href="/cdn-cgi/l/email-protection#2465605764414557450a4151564b54450a4151"><span class="__cf_email__" data-cfemail="7534310635101406145b1000071a05145b1000">[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-2020-1114.
    (2) For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, FAA, 470 L'Enfant 
Plaza SW, Washington, DC 20024; telephone 202-267-9167; email 
<a href="/cdn-cgi/l/email-protection#4028212c6e2a252e33252e002621216e272f36"><span class="__cf_email__" data-cfemail="670f060b490d02091402092701060649000811">[email protected]</span></a>.

    Issued on December 2, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-26965 Filed 12-9-20; 8:45 am]
BILLING CODE 4910-13-P


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