[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Proposed Rules]
[Pages 11657-11659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03665]



[[Page 11657]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0092; Project Identifier MCAI-2020-01501-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters (Type Certificate 
Previously Held by Eurocopter France) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2010-16-51, which applies to certain Eurocopter France (now Airbus 
Helicopters (Airbus)) Model SA330J helicopters. AD 2010-16-51 requires 
inspecting for a gap between the main gearbox (MGB) oil cooling fan 
assembly (fan) rotor blade and the upper section of the guide vane 
bearing housing and depending on the results, replacing the two fan 
rotor shaft bearings with two airworthy bearings. Since the FAA issued 
AD 2010-16-51, Airbus has developed an improved MGB fan rotor shaft 
bearing design. This proposed AD would retain the inspection required 
by AD 2010-16-51, and propose installing improved MGB fan rotor shaft 
bearings and repetitively inspecting the new improved MGB fan rotor 
shaft bearings, as specified in a European Union Aviation Safety Agency 
(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 12, 
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 EASA 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#f1b0b582b194908290df9484839e8190df9484"><span class="__cf_email__" data-cfemail="5b1a1f281b3e3a283a753e2e29342b3a753e2e">[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-2021-0092.

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-2021-
0092; 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, Aerospace Engineer, 
Certification Section, Fort Worth ACO Branch, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5538; email 
<a href="/cdn-cgi/l/email-protection#470a262f2a282823692069342f262f0721262669202831"><span class="__cf_email__" data-cfemail="f5b8949d989a9a91db92db869d949db5939494db929a83">[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-2021-0092; Project Identifier 
MCAI-2020-01501-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 
Mahmood Shah, Aerospace Engineer, Certification Section, Fort Worth ACO 
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
(817) 222-5538; email <a href="/cdn-cgi/l/email-protection#692408010406060d470e471a010801290f0808470e061f"><span class="__cf_email__" data-cfemail="733e121b1e1c1c175d145d001b121b331512125d141c05">[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 FAA issued AD 2010-16-51, Amendment 39-16410 (75 FR 53857, 
September 2, 2010) (AD 2010-16-51), which applies to all Eurocopter 
France (now Airbus) Model SA330J helicopters. AD 2010-16-51 requires, 
using a 0.2 millimeter (mm) (0.008 inch) feeler gauge attached to a 
rigid rod, inspecting for a gap between a fan rotor blade and the upper 
section of the guide vane bearing housing over the entire width of the 
blade. If the feeler gauge can be inserted between the blade and the 
housing (a gap greater than or equal to 0.2 mm), AD 2010-16-51 requires 
no further action. If the feeler gauge cannot be inserted between the 
blade and the housing (a gap less than 0.2 mm), AD 2010-16-51 requires 
replacing the two fan rotor shaft bearings with two airworthy bearings 
and re-inspecting for the minimum gap. The FAA issued AD 2010-16-51 to 
prevent rotor burst of the MGB fan, damage to the hydraulic lines and 
flight controls, and subsequent loss of control of the helicopter.

Actions Since AD 2010-16-51 Was Issued

    Since the FAA issued AD 2010-16-51, Airbus has developed an 
improved MGB fan rotor shaft bearing design and issued new service 
information.
    Accordingly, the EASA, which is the Technical Agent for the Member 
States

[[Page 11658]]

of the European Union, has issued EASA AD No. 2020-0171, dated July 28, 
2020 (EASA AD 2020-0171), to correct an unsafe condition for all Airbus 
Helicopters, Eurocopter, Eurocopter France, A[eacute]rospatiale, Sud 
Aviation Model SA 330 J helicopters.
    This proposed AD was prompted by the newly developed MGB fan rotor 
shaft bearing design. The FAA is proposing this AD to prevent rotor 
burst of the MGB fan, damage to the hydraulic lines and flight 
controls, and subsequent loss of control of the helicopter. See the 
EASA AD for additional background information.
    Further, since the FAA issued AD 2010-16-51, Eurocopter France 
changed its name to Airbus Helicopters. This proposed AD reflects that 
change.

Related Service Information Under 1 CFR Part 51

    For MGB fan rotor shaft bearings (both rear and front) part number 
(P/N) 704A33651114 (manufacturer P/N (MP/N) 205FFTX74K6-G33) and MGB 
fan rotor shaft bearings (both rear and front) P/N 704A33651268 (MP/N 
594918), EASA AD 2020-0171 describes procedures for inspecting for play 
(a gap) between the MGB fan rotor blade and the upper section of the 
guide vane bearing housing. If there is play that does not meet the 
minimum requirement, the EASA AD requires replacing the affected MGB 
fan rotor shaft bearings with MGB fan rotor shaft bearings (both rear 
and front) P/N 704A33651268 (MP/N 594918).
    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 the same 
type design.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2010-16-51, this proposed AD would retain a certain 
requirement of AD 2010-16-51. This requirement is referenced in EASA AD 
2020-0171, which, in turn, is referenced in paragraph (g) of this 
proposed AD.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0171 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 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 2020-0171 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0171 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 2020-0171 that is required for compliance with EASA AD 2020-
0171 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0092 after the FAA 
final rule is published.

Differences Between This Proposed AD and the EASA AD

    The EASA AD applies to all Model SA 330 J helicopters, whereas this 
proposed AD applies to certain Model SA330J helicopters instead. The 
EASA AD refers to flight hours, whereas this proposed AD uses hours 
time-in-service. The EASA AD requires inspecting for play, whereas this 
proposed AD requires inspecting for a gap instead. The EASA AD requires 
returning certain parts, whereas this proposed AD requires removing the 
parts from service instead. The EASA AD requires completing a response 
form, whereas this proposed AD does not.

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 AD affects 15 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 for a gap between the MGB fan rotor blade and the upper 
section of the guide vane bearing housing would take about 2 work-hours 
for an estimated cost of $170 per helicopter and $2,550 for the U.S. 
fleet, per inspection cycle.
    Replacing a set of two bearings would take about 6 work-hours and 
parts would cost up to about $1,665 for an estimated cost of up to 
$2,175 per helicopter.

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.

[[Page 11659]]

    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:
0
a. Removing Airworthiness Directive (AD) 2010-16-51, Amendment 39-16410 
(75 FR 53857, September 2, 2010); and
0
b. Adding the following new AD:

Airbus Helicopters (Type Certificate Previously Held by Eurocopter 
France): Docket No. FAA-2021-0092; Project Identifier MCAI-2020-
01501-R.

(a) Comments Due Date

    The FAA must receive comments by April 12, 2021.

(b) Affected Airworthiness Directives (ADs)

    This AD removes AD 2010-16-51, Amendment 39-16410 (75 FR 53857, 
September 2, 2010).

(c) Applicability

    This AD applies to Airbus Helicopters (type certificate 
previously held by Eurocopter France) Model SA330J helicopters, 
certificated in any category, with main gearbox (MGB) oil cooling 
fan (fan) rotor shaft bearings (both rear and front) part number (P/
N) 704A33651114 (manufacturer P/N (MP/N) 205FFTX74K6-G33) or P/N 
704A33651268 (MP/N 594918), installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6322; Main Gearbox 
Oil Cooler.

(e) Reason

    This AD was prompted by the development of an improved MGB fan 
rotor shaft bearing design. The FAA is issuing this AD to prevent 
rotor burst of the MGB fan, damage to the hydraulic lines and flight 
controls, 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 Union Aviation Safety Agency (EASA) AD No. 
2020-0171, dated July 28, 2020 (EASA AD 2020-0171).

(h) Exceptions to EASA AD 2020-0171

    (1) Where EASA AD 2020-0171 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0171 does not apply 
to this AD.
    (3) Where EASA AD 2020-0171 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (4) Where EASA AD 2020-0171 requires measuring for play, this AD 
requires measuring the gap between each MGB fan rotor blade and the 
upper section of the guide vane bearing housing.
    (5) Where ``The ASB'' service information referenced in EASA AD 
2020-0171 specifies to return certain parts to Airbus Helicopters, 
this AD requires removing those parts from service instead.
    (6) While ``The ASB'' service information referenced in EASA AD 
2020-0171 specifies completing the response form in Appendix 4, this 
AD does not contain that requirement.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0171 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

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

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Strategic Policy Rotorcraft Section, 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 manager of the Strategic Policy Rotorcraft Section, 
send it to: Manager, Strategic Policy Rotorcraft Section, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#063f2b4755512b4052512b474b49452b54637773637572754660676728616970"><span class="__cf_email__" data-cfemail="251c08647672086371720864686a66087740545040565156654344440b424a53">[email protected]</span></a>.
    (2) 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.

(l) Related Information

    (1) For EASA AD 2020-0171, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#26676255664347554708435354495647084353"><span class="__cf_email__" data-cfemail="6a2b2e192a0f0b190b440f1f18051a0b440f1f">[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-2021-0092.
    (2) For more information about this AD, contact Mahmood Shah, 
Aerospace Engineer, Certification Section, Fort Worth ACO Branch, 
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 
222-5538; email <a href="/cdn-cgi/l/email-protection#d79ab6bfbab8b8b3f9b0f9a4bfb6bf97b1b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="aae7cbc2c7c5c5ce84cd84d9c2cbc2eacccbcb84cdc5dc">[email protected]</span></a>.

    Issued on February 5, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03665 Filed 2-25-21; 8:45 am]
BILLING CODE 4910-13-P


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