[Federal Register Volume 85, Number 241 (Tuesday, December 15, 2020)]
[Proposed Rules]
[Pages 81157-81160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27460]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / 
Proposed Rules

[[Page 81157]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1131; Project Identifier MCAI-2020-00613-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, 
AS350B3, AS350C, and AS350D helicopters; Model AS355E, AS355F, AS355F1, 
AS355F2, AS355N, and AS355NP helicopters; and Model EC130B4 and EC130T2 
helicopters. This proposed AD was prompted by a report of failed main 
rotor hub-to-mast attachment screws. This proposed AD would require 
determining whether the helicopter has been operated in a severe 
environment since the last inspection of the main rotor hub-to-mast 
attachment screws, an inspection of the main rotor hub-to-mast 
attachment screws if the helicopter has been operated in a severe 
environment, and replacement of the main rotor hub-to-mast attachment 
screws if necessary, as specified in a European Aviation Safety Agency 
(now 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 29, 
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; phone: +49 
221 8999 000; email: <a href="/cdn-cgi/l/email-protection#1f5e5b6c5f7a7e6c7e317a6a6d706f7e317a6a"><span class="__cf_email__" data-cfemail="6f2e2b1c2f0a0e1c0e410a1a1d001f0e410a1a">[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-2020-1131.

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-
1131; 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; phone: 202-267-9167; email: <a href="/cdn-cgi/l/email-protection#1a727b7634707f74697f745a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="fa929b96d4909f94899f94ba9c9b9bd49d958c">[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-2020-1131; Project Identifier 
MCAI-2020-00613-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 
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; phone: 202-267-9167; email: 
<a href="/cdn-cgi/l/email-protection#4c242d20622629223f29220c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="5931383577333c372a3c37193f3838773e362f">[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 2017-0032, dated February 17, 2017; 
corrected February 20, 2017 (EASA AD 2017-0032) (also referred to as 
the Mandatory Continuing Airworthiness Information, or the MCAI), to 
correct an unsafe condition for all Airbus Helicopters Model AS 350 B, 
AS 350

[[Page 81158]]

BA, AS 350 BB, AS 350 B1, AS 350 B2, AS 350 B3, and AS 350 D 
helicopters; AS 355 E, AS 355 F, AS 355 F1, AS 355 F2, AS 355 N, and AS 
355 NP helicopters; and EC 130 B4 and EC 130 T2 helicopters. Model AS 
350 BB helicopters are not certificated by the FAA and are not included 
on the U.S. type certificate data sheet; this proposed AD therefore 
does not include those helicopters in the applicability. This AD also 
applies to Airbus Helicopter Model AS 350C helicopters because these 
helicopters have a similar design and are included on the U.S. type 
certificate data sheet.
    This proposed AD was prompted by a report of failed main rotor hub-
to-mast attachment screws on a Model EC130B4 helicopter during a 
scheduled maintenance inspection. The FAA is proposing this AD to 
address failed main rotor hub-to-mast attachment screws, which could 
lead to disconnection of the main rotor hub-to-mast attachment, 
possibly resulting in loss of control of the helicopter. See the MCAI 
for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2017-0032 describes procedures for determining whether the 
helicopter has been operated in a severe environment since the last 
inspection of the main rotor hub-to-mast attachment screws, an 
inspection of the main rotor hub-to-mast attachment screws for 
corrosion and damage (damage includes cracks, dents, and bolt 
distortion) if the helicopter was operated in a severe environment, and 
replacement of the main rotor hub-to-mast attachment screws if 
necessary. 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 2017-0032, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD and except as discussed under ``Differences 
Between this Proposed AD and the MCAI.''

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 2017-0032 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2017-0032 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 2017-0032 that is required for compliance with EASA AD 2017-
0032 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-1131 after the FAA 
final rule is published.

Differences Between This Proposed AD and the MCAI

    EASA AD 2017-0032 does not apply to Airbus Helicopter Model AS350C 
helicopters, which are included on the U.S. type certificate data 
sheet. However, this proposed AD would apply to Airbus Helicopter Model 
AS350C helicopters because those helicopters have a similar design to 
the helicopters identified in EASA AD 2017-0032.
    Where the service information specified in paragraph (3) of EASA AD 
2017-0032 specifies to contact Airbus Helicopters if damage or 
corrosion exceeds existing criteria, this proposed AD would require 
replacing the affected screws using a method approved by the Manager, 
International Validation Branch, FAA.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,220 helicopters 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

           Estimated Costs for Required Determination of Helicopter Operation in a Severe Environment
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hours x $85 per hour = $85............................              $0              $85         $103,700
----------------------------------------------------------------------------------------------------------------

    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 the inspection results on U.S. 
operators to be $103,700, 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. If a helicopter is determined to have been operated 
in a severe environment, an inspection of the main rotor hub-to-mast 
attachment screws will be required. If there is corrosion or damage to 
any of the screws, replacement of the affected screws will be required. 
The FAA has no way of determining the number of aircraft that might 
need these on-condition actions:

[[Page 81159]]



                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340....            $106             $446
------------------------------------------------------------------------

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-2020-1131; Project Identifier 
MCAI-2020-00613-R.

(a) Comments Due Date

    The FAA must receive comments by January 29, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters, certificated in any 
category, as identified in paragraphs (c)(1) through (3) of this AD.
    (1) Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, 
and AS350D helicopters.
    (2) Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP 
helicopters.
    (3) Model EC130B4 and EC130T2 helicopters.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of failed main rotor hub-to-
mast attachment screws. The FAA is issuing this AD to address failed 
main rotor hub-to-mast attachment screws, which could lead to 
disconnection of the main rotor hub-to-mast attachment, possibly 
resulting in 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 2017-0032, dated February 17, 
2017; corrected February 20, 2017 (EASA AD 2017-0032).

(h) Exceptions to EASA AD 2017-0032

    (1) Where EASA AD 2017-0032 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2017-0032 does not apply 
to this AD.
    (3) Paragraph (4) of EASA AD 2017-0032 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)(3)(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.
    (4) Where EASA AD 2017-0032 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (5) Where the service information specified in paragraph (3) of 
EASA AD 2017-0032 specifies to contact Airbus Helicopters if damage 
or corrosion exceeds existing criteria, for this AD, replace the 
affected screws using a method approved by the Manager, 
International Validation Branch, FAA. For a repair method to be 
approved by the Manager, International Validation Branch, as 
required by this paragraph, the Manager's approval letter must 
specifically refer to this AD.
    (6) Although the service information referenced in EASA AD 2017-
0032 specifies to discard certain parts, this AD does not include 
that requirement.

[[Page 81160]]

(i) Alternative Methods of Compliance (AMOCs):

    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 International Validation Branch, send it to the 
attention of the person identified in paragraph (k)(2) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#84bda9c5d2d7a9c5cdd6a9b3b7b4a9c5c9cbc7c4e2e5e5aae3ebf2"><span class="__cf_email__" data-cfemail="675e4a2631344a262e354a5054574a262a28242701060649000811">[email protected]</span></a>. 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) 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 2017-0032, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
<a href="/cdn-cgi/l/email-protection#85c4c1f6c5e0e4f6e4abe0f0f7eaf5e4abe0f0"><span class="__cf_email__" data-cfemail="f0b1b483b095918391de9585829f8091de9585">[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-2020-1131.
    (2) For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, FAA, 470 L'Enfant 
Plaza SW, Washington, DC 20024; phone: 202-267-9167; email: 
<a href="/cdn-cgi/l/email-protection#751d14195b1f101b06101b351314145b121a03"><span class="__cf_email__" data-cfemail="c1a9a0adefaba4afb2a4af81a7a0a0efa6aeb7">[email protected]</span></a>.

    Issued on December 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-27460 Filed 12-14-20; 8:45 am]
BILLING CODE 4910-13-P


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