[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Proposed Rules]
[Pages 12862-12865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03689]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1183; Project Identifier 2019-SW-008-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 EC 155B, EC155B1, SA-365N, SA-
365N1, AS-365N2, and AS 365 N3 helicopters, as identified in a European 
Aviation Safety Agency (now European Union Aviation Safety Agency) 
(EASA) AD. This proposed AD was prompted by a report of an in-flight 
loss of engine and main gearbox (MGB) cowlings. This proposed AD would 
require inspecting the MGB fixed cowling front fitting (MGB front 
fitting), and depending on findings, corrective action. This proposed 
AD would also require a new modification, which would constitute a 
terminating action for the inspection. These proposed AD requirements 
are as specified in an EASA AD, which is proposed for incorporation by 
reference (IBR). 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 April 19, 
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 is proposed for 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#edaca99ead888c9e8cc388989f829d8cc38898"><span class="__cf_email__" data-cfemail="da9b9ea99abfbba9bbf4bfafa8b5aabbf4bfaf">[email protected]</span></a>; internet www.easa.europa.eu. You may 
find this material 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. It is also available in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-1183.

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-
1183; 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: Blaine Williams, Aerospace Engineer, 
Los Angles ACO Branch, Compliance & Airworthiness Division, 3960 
Paramount Blvd., Lakewood, California 90712; telephone 562-627-5371; 
email <a href="/cdn-cgi/l/email-protection#6d0f010c040308431a040101040c001e2d0b0c0c430a021b"><span class="__cf_email__" data-cfemail="4a28262b23242f643d232626232b27390a2c2b2b642d253c">[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-2020-1183; Project Identifier 
2019-SW-008-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

[[Page 12863]]

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 
Blaine Williams, Aerospace Engineer, Los Angeles ACO Branch, Compliance 
& Airworthiness Division, 3960 Paramount Blvd., Lakewood, California 
90712; telephone 562-627-5371; email <a href="/cdn-cgi/l/email-protection#2d4f414c444348035a444141444c405e6d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="5e3c323f37303b7029373232373f332d1e383f3f70393128">[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 2019-0008, dated January 22, 2019 
(EASA AD 2019-0008), to correct an unsafe condition for certain Airbus 
Helicopters (AH), formerly Eurocopter, Eurocopter France, Aerospatiale, 
Model EC 155 B, EC 155 B1, SA 365 N, SA 365 N1, AS 365 N2, and AS 365 
N3 helicopters.
    This proposed AD was prompted by reports of an in-flight loss of 
engine and MGB cowlings. Subsequent investigations revealed that the 
MGB cowling attachment fittings failed because of mounting stress in 
the MGB front fitting and air intake bulkhead. The FAA is proposing 
this AD to address failure of the MGB front fitting and subsequent 
detachment of the MGB or engine cowlings. See EASA AD 2019-0008 for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0008 requires inspecting the MGB front fittings within 
110 flight hours after April 14, 2017 (the effective date of EASA AD 
2017-0055, dated March 31, 2017). If there is a discrepancy, the EASA 
AD requires applicable corrective action(s) before next flight. EASA AD 
2019-0008 also requires modification of the MGB fixed cowling 
attachments within 660 flight hours or 23 months, whichever occurs 
first, after the effective date described in EASA AD 2019-0008. 
Accomplishing the modification constitutes a terminating action for the 
required inspection.
    The FAA also reviewed Airbus Helicopters Alert Service Bulletin 
(ASB) No. AS365-53.00.62 and EC155-53A038, each Revision 0 and dated 
December 20, 2018 (ASB AS365-53.00.62 and ASB EC155-53A038). ASB AS365-
53.00.62 applies to Model AS365-series helicopters. ASB EC155-53A038 
applies to Model EC155-series helicopters. This service information 
specifies replacing the front bracket, inspecting for stress of the MGB 
fixed cowlings on the radiator bulkhead, and installing an additional 
locking system.
    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

    These products have been approved by the aviation authority of 
another country, and are 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 EASA 
AD referenced above. The FAA is proposing this AD after evaluating all 
the relevant information and determining the unsafe condition described 
previously is likely to exist or develop in other products of these 
same type designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0008, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and the EASA 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 2019-0008 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0008 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 2019-0008 that is required for compliance with EASA AD 2019-
0008 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-1183 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 19 helicopters of 
U.S. Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this proposed AD.
    Inspecting the MGB front fittings would take about 2 work-hours for 
an estimated cost of $170 per helicopter and $3,230 for the U.S. fleet. 
If required, replacing an MGB front fitting would take about 2 work-
hours and parts would cost about $590 for an estimated total cost of 
$760 per fitting. Other repairs could take up to 8 work-hours 
(excluding drying time) and parts would cost a minimal amount for an 
estimated cost of up to $680 per helicopter.
    Modifying the MGB fixed cowling attachments would take about 5 
work-hours and parts would cost about $630 for an estimated cost of 
$1,055 per helicopter and $20,045 for the U.S. fleet.

[[Page 12864]]

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-2020-1183; Project Identifier 
2019-SW-008-AD.

(a) Comments Due Date

    The FAA must receive comments by April 19, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model EC 155B, EC155B1, 
SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters, certificated 
in any category, as identified in European Aviation Safety Agency 
(EASA) AD 2019-0008, dated January 22, 2019 (EASA AD 2019-0008).

(d) Subject

    Joint Aircraft System Component (JASC) Code: 7110, Engine 
Cowling System.

(e) Reason

    This AD was prompted by a report of an in-flight loss of main 
gearbox (MGB) and engine cowlings. The FAA is issuing this AD to 
address a failure of the MGB fixed cowling front fitting, and 
subsequent MGB cowling or engine cowling detachment, which could 
result in damage to the helicopter, loss of helicopter control, and 
possible injury to persons on the ground.

(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 2019-0008.

(h) Exceptions to EASA AD 2019-0008

    (1) Where EASA AD 2019-0008 refers to April 14, 2017 (the 
effective date of EASA AD 2017-0055, dated March 31, 2017), this AD 
requires using the effective date of this AD.
    (2) Where EASA AD 2019-0008 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where EASA AD 2019-0008 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (4) Where EASA AD 2019-0008 requires the modification within 660 
flight hours or 23 months, whichever occurs first, this AD requires 
the modification within 660 hours time-in-service instead.
    (5) Although the service information referenced in EASA AD 2019-
0008 specifies to discard certain parts, this AD requires removing 
those parts from service instead.
    (6) Where the service information referenced in EASA AD 2019-
0008 specifies to use tooling, equivalent tooling may be used.
    (7) The ``Remarks'' section of EASA AD 2019-0008 does not apply 
to this AD.
    (8) Where paragraph (1) states to, ``inspect the MGB fixed 
cowling front fittings in accordance with the instructions of 
paragraph 1.E.2 of the applicable inspection ASB or in accordance 
with the instructions of the applicable modification ASB,'' this AD 
requires determining if Airbus Helicopters Alert Service Bulletin 
No. 53.00.55, Revision 0, dated March 13, 2017, or Revision 1, dated 
December 20, 2018, has or has not been complied with and following 
the instructions, ``For helicopters on which ALERT SERVICE BULLETIN 
No. 53.00.55 has not been complied with'' or ``For helicopters on 
which ALERT SERVICE BULLETIN No. 53.00.55 has been complied with,'' 
as applicable, in paragraph 1.E.2, of Airbus Helicopters Alert 
Service Bulletin No. AS365-53.00.62 or EC155-53A038, each Revision 0 
and dated December 20, 2018 (ASB AS365-53.00.62 or ASB EC155-
53A038), as applicable to your model helicopter.
    (9) Where paragraph (2) of EASA AD 2019-0008 states to, 
``accomplish the applicable corrective action(s) in accordance with 
paragraph 1.E.2 of the applicable inspection ASB or in accordance 
with the instructions of the applicable modification ASB,'' this AD 
requires accomplishing the applicable corrective actions by 
following ASB AS365-53.00.62 or ASB EC155-53A038, as applicable to 
your model helicopter.
    (10) Where paragraph 3.B.2.e.3 of the applicable modification 
ASB referenced in EASA AD 2019-0008 refers to paragraph 3.B.e.3, 
this AD requires referring to paragraph 3.B.3 of ASB AS365-53.00.62 
or ASB EC155-53A038, as applicable to your model helicopter.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed.

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, Strategic Policy Rotorcraft Section, FAA, may 
approve AMOCs for this AD. Send your proposal to: Manager, Strategic 
Policy Rotorcraft Section, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone 817-222-5110; email <a href="/cdn-cgi/l/email-protection#764f5b3725215b3022215b373b39355b24130703130502053610171758111900"><span class="__cf_email__" data-cfemail="320b1f7361651f7466651f737f7d711f6057434757414641725453531c555d44">[email protected]</span></a>.

(k) Related Information

    (1) For EASA AD 2019-0008 contact the EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#96d7d2e5d6f3f7e5f7b8f3e3e4f9e6f7b8f3e3"><span class="__cf_email__" data-cfemail="d69792a596b3b7a5b7f8b3a3a4b9a6b7f8b3a3">[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-2020-1183.
    (2) For more information about this AD, contact Blaine Williams, 
Aerospace Engineer, Los Angeles ACO Branch, Compliance & 
Airworthiness Division, 3960 Paramount Blvd., Lakewood, California 
90712; telephone

[[Page 12865]]

562-627-5227; email <a href="/cdn-cgi/l/email-protection#3e5c525f57505b1049575252575f534d7e585f5f10595148"><span class="__cf_email__" data-cfemail="2b49474a42454e055c424747424a46586b4d4a4a054c445d">[email protected]</span></a>.

    Issued on January 25, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-03689 Filed 3-4-21; 8:45 am]
BILLING CODE 4910-13-P


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