Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules 12857 

than the 2021 General QM 

Amendments. For transactions subject 

to § 1026.19(e), (f), or (g), creditors 

determine the date the creditor received 

the consumer’s application, for 

purposes of this comment, in 

accordance with § 1026.2(a)(3)(ii). For 

transactions that are not subject to 

§ 1026.19(e), (f), or (g), creditors can 

determine the date the creditor received 

the consumer’s application, for 

purposes of this comment, in 

accordance with either § 1026.2(a)(3)(i) 

or (ii). 

* * * * * 

43(e)(2) Qualified Mortgage Defined— 

General 

1. General QM Amendments Effective 

on March 1, 2021. Comment 43–2 

provides that, for a transaction for 

which a creditor received an application 

on or after March 1, 2021 but prior to 

October 1, 2022, a person has the option 

of complying either: With 12 CFR part 

1026 as it is in effect; or with 12 CFR 

part 1026 as it was in effect on February 

26, 2021, together with any amendments 

to 12 CFR part 1026 that become 

effective after February 26, 2021, other 

than the revisions to Regulation Z 

contained in Qualified Mortgage 

Definition Under the Truth in Lending 

Act (Regulation Z): General QM Loan 

Definition published on December 29, 

2020 (2021 General QM Amendments). 

Prior to the effective date of the 2021 

General QM Amendments, 

§ 1026.43(e)(2) provided a qualified 

mortgage definition that, among other 

things, required that the ratio of the 

consumer’s total monthly debt to total 

monthly income at the time of 

consummation not exceed 43 percent. 

The 2021 General QM Amendments 

removed that requirement and replaced 

it with the annual percentage rate 

thresholds in § 1026.43(e)(2)(vi), among 

other revisions. Both the qualified 

mortgage definition in § 1026.43(e)(2) 

that was in effect prior to the 2021 

General QM Amendments and the 

qualified mortgage definition in 

§ 1026.43(e)(2) as amended by the 2021 

General QM Amendments are available 

to creditors for transactions for which a 

creditor received an application on or 

after March 1, 2021 but prior to October 

1, 2022. See comment 43–2 for an 

explanation of how creditors determine 

the date the creditor received the 

consumer’s application for purposes of 

that comment. 

* * * * * 

43(e)(4) Qualified Mortgage Defined— 

Other Agencies 

1. General. The Department of 

Housing and Urban Development, 

Department of Veterans Affairs, and the 

Department of Agriculture have 

promulgated definitions for qualified 

mortgages under mortgage programs 

they insure, guarantee, or provide under 

applicable law. Cross-references to those 

definitions are listed in § 1026.43(e)(4) 

to acknowledge the covered transactions 

covered by those definitions are 

qualified mortgages for purposes of this 

section. 

2. Mortgages for which the creditor 

received the consumer’s application 

prior to October 1, 2022. Covered 

transactions that met the requirements 

of § 1026.43(e)(2)(i) thorough (iii), were 

eligible for purchase or guarantee by the 

Federal National Mortgage Association 

(Fannie Mae) or the Federal Home Loan 

Mortgage Corporation (Freddie Mac) (or 

any limited-life regulatory entity 

succeeding the charter of either) 

operating under the conservatorship or 

receivership of the Federal Housing 

Finance Agency pursuant to section 

1367 of the Federal Housing Enterprises 

Financial Safety and Soundness Act of 

1992 (12 U.S.C. 4617), and for which the 

creditor received the consumer’s 

application prior to the mandatory 

compliance date of October 1, 2022 

continue to be qualified mortgages for 

the purposes of this section, including 

those covered transactions that were 

consummated on or after October 1, 

2022. 

3. Mortgages for which the creditor 

received the consumer’s application on 

or after March 1, 2021 and prior to 

October 1, 2022. For a discussion of the 

optional early compliance period for the 

2021 General QM Amendments, please 

see comment 43–2. 

4. [Reserved]. 

5. [Reserved]. 

* * * * * 

Dated: March 2, 2021. 

David Uejio, 

Acting Director, Bureau of Consumer 

Financial Protection. 

[FR Doc. 2021–04698 Filed 3–3–21; 4:15 pm] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1182; Product 

Identifier 2018–SW–036–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2016–08–20 for certain Airbus 

Helicopters (previously Eurocopter 

France) EC130B4 and EC130T2 

helicopters. AD 2016–08–20 requires 

repetitively inspecting the tail boom to 

Fenestron junction frame (junction 

frame) for a crack. Since the FAA issued 

AD 2016–08–20, additional cracks have 

been reported and a design change that 

modifies the junction frame has become 

available. This proposed AD would 

continue to require inspecting the 

junction frame with the horizontal 

stabilizer removed, and would propose 

to expand the applicability, revise the 

compliance time and the inspection 

procedures for inspecting the junction 

frame, add inspection procedures for 

certain helicopters, allow repair of the 

junction frame, and would require 

modifying and then repetitively 

inspecting the junction frame and 

reporting certain information. The 

actions of this proposed AD are 

intended to address an unsafe condition 

on these products. 

DATES: The FAA must receive comments 

on this proposed AD by April 5, 2021. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

https://www.regulations.gov. Follow the 

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https:// 


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www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

1182; 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 proposed 

AD, the European Aviation Safety 

Agency (now European Union Aviation 

Safety Agency) (EASA) AD, 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 service information identified in 

this proposed rule, contact Airbus 

Helicopters, 2701 N. Forum Drive, 

Grand Prairie, TX 75052; telephone 

972–641–0000 or 800–232–0323; fax 

972–641–3775; or at https://

www.airbus.com/helicopters/services/ 

technical-support.html. You may view 

the referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood 

Pkwy., Room 6N–321, Fort Worth, TX 

76177. 

FOR FURTHER INFORMATION CONTACT: 

Kristi Bradley, Aviation Safety Engineer, 

General Aviation & Rotorcraft Section, 

International Validation Branch, FAA, 

10101 Hillwood Pkwy., Fort Worth, TX 

76177; telephone 817–222–5110; email 

kristin.bradley@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–2020–1182; Product Identifier 

2018–SW–036–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. 

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 Kristi Bradley, 

Aviation Safety Engineer, General 

Aviation & Rotorcraft Section, 

International Validation Branch, FAA, 

10101 Hillwood Pkwy., Fort Worth, TX 

76177; telephone 817–222–5110; email 

kristin.bradley@faa.gov. Any 

commentary that the FAA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

Discussion 

The FAA issued AD 2016–08–20, 

Amendment 39–18497 (81 FR 26103, 

May 2, 2016) (2016–08–20), for Airbus 

Helicopters Model EC130B4 and 

EC130T2 helicopters with a junction 

frame that has 690 or more hours timein-service (TIS) installed. AD 2016–08– 

20 requires dye penetrant and borescope 

inspecting around the circumference of 

the junction frame for a crack and 

replacing any cracked junction frame. 

AD 2016–08–20 was prompted by EASA 

AD 2015–0033–E, dated February 24, 

2015 (EASA AD 2015–0033–E), issued 

by EASA, which is the Technical Agent 

for the Member States of the European 

Union, to supersede an existing EASA 

AD. EASA had determined that it was 

necessary to define an inspection 

interval in sling cycles in addition to the 

existing flight hour inspection interval. 

EASA also acknowledged an alternative 

method to inspect from the outside of 

the tail boom. 

Actions Since AD 2016–08–20 Was 

Issued 

Since the FAA issued AD 2016–08– 

20, EASA has issued a series of ADs, the 

most recent being EASA AD 2018–0104, 

dated May 4, 2018 (EASA AD 2018– 

0104), to correct an unsafe condition for 

Airbus Helicopters (formerly 

Eurocopter, Eurocopter France) Model 

EC 130 B4 and EC 130 T2 helicopters, 

all serial numbers, except those with 

Airbus modification (MOD) 074775 

installed. EASA’s initial AD was 

prompted by two incidents of crack 

propagation through the junction frame 

that initiated in the lower right-hand 

side between the web and the flange 

where the lower spar of the tail boom is 

joined. EASA states the cracks were of 

a significant length and not visible from 

the outside of the helicopter. EASA 

advised that this condition, if not 

detected, could lead to structural 

failure, possibly resulting in Fenestron 

detachment and consequent loss of 

control of the helicopter. 

Following EASA AD 2015–0033–E, 

EASA revised its AD to EASA AD 2015– 

0033R1, dated May 3, 2016 (EASA AD 

2015–0033R1), which was prompted by 

the determination that it was not 

necessary to inspect junction frames 

that had accumulated less than 1,200 

flight hours. Accordingly, EASA AD 

2015–0033R1 extended the inspection 

threshold from 700 flight hours to 1,200 

flight hours. Thereafter, EASA issued 

EASA AD 2016–0240, dated December 

2, 2016 (EASA AD 2016–0240) to 

supersede EASA AD 2015–0033R1. 

EASA AD 2016–0240 was prompted by 

a third incident of cracking in the same 

area of the junction frame as the first 

two incidents. Investigation determined 

that detection of the crack was delayed 

because of insufficient cleaning of the 

inspection area inside the junction 

frame. For that reason, EASA AD 2016– 

0240 retained the requirements of EASA 

AD 2015–0033R1 and added additional 

cleaning requirements before inspecting. 

After EASA AD 2016–0240 was issued, 

a fourth incident of cracking in the same 

area of the junction frame as the first 

three incidents was reported. This 

fourth incident prompted EASA to issue 

EASA AD 2017–0066–E, dated April 21, 

2017 (EASA AD 2017–0066–E) to 

supersede EASA AD 2016–0240. This 

fourth incident occurred on a junction 

frame that had accumulated 

significantly less flight hours than the 

first three incidents. In light of this, 

EASA AD 2017–0066–E retained the 

requirements of EASA AD 2016–0240 

and reduced the inspection threshold. 

Shortly after, EASA issued EASA AD 

2017–0080, dated May 5, 2017 (EASA 

AD 2017–0080) to supersede EASA AD 

2017–0066–E. EASA AD 2017–0080 was 

prompted by the determination that 

improved procedures to remove the 

horizontal stabilizer before cleaning and 

inspecting were necessary for certain 

helicopters. Accordingly, EASA AD 

2017–0080 retained the requirements of 

EASA AD 2017–0066–E and added the 

improved procedures. Since EASA 

issued EASA AD 2017–0080, Airbus 

Helicopters developed MOD 074775, 

which consists of the installation of four 

carbon patches at the junction frame. 

Installation of MOD 074775, either in 

production or by retrofit, constitutes 

terminating action for the repetitive 


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inspections. Based on the latest 

information, EASA determined that 

continued inspections may not 

adequately address the long-term risk 

and requires modifying the affected 

helicopters, which also terminates the 

repetitive inspections of the premodified configuration. Accordingly, 

EASA issued EASA AD 2018–0104 to 

supersede EASA AD 2017–0080 to 

require installation of MOD 074775. 

Also since the FAA issued AD 2016– 

08–20, it has been determined that the 

dye penetrant inspections required by 

AD 2016–08–20 are unnecessary 

because visual inspections are adequate 

to inspect for cracks in the affected area 

instead. 

As a result of the EASA-issued ADs 

and the further incidents of cracked 

junction frames, this proposed AD 

proposes to expand the applicability to 

include all Airbus Helicopters Model 

EC130B4 and EC130T2 helicopters with 

a junction frame, regardless of how 

many hours TIS have accumulated on 

the junction frame; revise the 

compliance time to inspect the junction 

frame with the horizontal stabilizer 

removed to depend on the hours TIS 

accumulated on the junction frame; 

change the inspection of the junction 

frame with the horizontal stabilizer 

removed from the dye-penetrant 

inspection required by AD 2016–08–20 

to a visual inspection; add inspection 

procedures for helicopters with a skin 

cut-out at the junction frame; allow 

repairing a junction frame in accordance 

with an FAA approved repair 

procedure; require the installation of 

MOD 074775 or the four carbon patches 

reinforcements; and require repetitive 

inspections of a modified junction 

frame. 

FAA’s Determination 

These helicopters have been approved 

by EASA and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the 

European Union, EASA has notified the 

FAA of the unsafe condition described 

in its AD. The FAA is proposing this AD 

after evaluating all of the information 

provided by EASA and determining the 

unsafe condition exists and is likely to 

exist or develop on other helicopters of 

these same type designs. 

Related Service Information Under 1 

CFR Part 51 

Airbus Helicopters has issued 

Emergency Alert Service Bulletin No. 

05A017, Revision 7, dated March 21, 

2018, for Model EC130 B4 and T2 

helicopters without MOD 074775 

installed. This service information 

specifies procedures for cleaning inside 

the junction frame, inspecting the 

junction frame from the inside of the tail 

boom with the horizontal stabilizer both 

removed and installed for a crack, and 

inspecting the junction frame from the 

outside of the tail boom for a crack. 

Airbus Helicopters has issued Service 

Bulletin No. EC130–53–036, Revision 4, 

dated April, 28, 2020, for Model EC130 

B4 and T2 helicopters without MOD 

074609 or 074775 installed and on 

which the skin of the junction frame 

area has not been repaired. This service 

information specifies procedures to 

reinforce the junction frame (MOD 

074775) by replacing the two lateral 

splices which join the skins with four 

carbon patches (left-hand side, righthand side, and lower sides). 

This service information 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. 

Other Related Service Information 

Airbus Helicopters has issued Service 

Bulletin No. EC130–53–029, Revision 1, 

dated January 27, 2016. This service 

information specifies procedures to 

make a cut-out of the splice and skin at 

the junction frame (MOD 350A087421). 

Airbus has issued EC 130 B4 Chapter 

4, Airworthiness Limitations Section, 

Revision 11, dated January 19, 2019 and 

EC 130 T2 Chapter 4, Airworthiness 

Limitations Section, Revision 9, dated 

September 9, 2019, which specify 

visually checking the junction frame for 

cracks at an interval of 600 flight hours 

with a margin of 60 flight hours. 

Airbus Helicopters has also issued 

Section 55–11–00, 6–4—Horizontal 

Stabilizer—Inspection/Check, of 

Aircraft Maintenance Manual EC130, 

dated November 9, 2017, which 

specifies procedures for cleaning inside 

the junction frame and inspecting the 

junction frame from the inside of the tail 

boom with the horizontal stabilizer 

removed. 

Proposed AD Requirements 

This proposed AD would require: 

• For helicopters without MOD 

074775, or MOD AH 350A087421 or SB 

EC130–53–029 installed, at a 

compliance time based on the hours TIS 

accumulated on the junction frame, 

removing the horizontal stabilizer, 

cleaning the junction frame, and 

visually inspecting the junction frame 

area for a crack, paying particular 

attention to the area around the 4 spars. 

Æ Following the initial visual 

inspection, within 25 hours TIS or 390 

sling cycles, whichever comes first, and 

thereafter at intervals not exceeding 25 

hours TIS or 390 sling cycles, whichever 

comes first, either repeating the initial 

visual inspection, or, if the surface area 

is clean, borescope inspecting the 

junction frame area for a crack, paying 

particular attention to the area around 

the 4 spars. 

Æ Also following the initial visual 

inspection, within 150 hours TIS and 

thereafter at intervals not to exceed 150 

hours TIS, repeating the initial visual 

inspection. 

• For helicopters without MOD 

074775 installed, but with MOD AH 

350A087421 or SB EC130–53–029 

installed, before the junction frame 

accumulates 350 hours TIS or within 10 

hours TIS, whichever occurs later, 

visually inspecting for a crack on the 

junction frame area in each skin cut-out 

area. 

Æ Following the initial visual 

inspection, within 10 hours TIS or 250 

sling cycles, whichever occurs first, and 

thereafter at intervals not exceeding 10 

hours TIS or 250 sling cycles, whichever 

occurs first, repeating the initial visual 

inspection. 

Æ Also following the initial visual 

inspection, within 660 hours TIS and 

thereafter at intervals not to exceed 660 

hours TIS, removing the horizontal 

stabilizer, cleaning the junction frame, 

and dye-penetrant inspecting the 

junction frame area for a crack, paying 

particular attention to the area around 

the 4 spars. 

• If there is a crack, replacing or 

repairing the junction frame in 

accordance with an FAA approved 

repair procedure before further flight. 

Repairing the junction frame would not 

constitute terminating action for the 

requirements of this proposed AD. 

• For helicopters without MOD 

074775 installed, with or without MOD 

AH 350A087421 or SB EC130–53–029 

installed, without MOD 074609 or SB 

53–024 installed, and on which the skin 

of the junction frame area has never 

been repaired, installing MOD 074775 

within 24 months as of the effective date 

of this AD and reporting certain 

information to Airbus Helicopters 

within 30 days after installing MOD 

074775. 

• For helicopters without MOD 

074775 installed, with MOD 074609 or 

SB 53–024 installed, or on which the 

skin of the junction frame area has been 

previously repaired at any time, 

reinforcing the junction frame by 

replacing the two lateral splices which 

join the skins with four carbon patches 

(left-hand side, right-hand side, and 

lower sides) within 24 months as of the 

effective date of this AD. 

• For helicopters with MOD 074775 

installed or with the four carbon patches 

reinforcements installed, but without 


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MOD 074581 for Model EC130T2 

helicopters, within 600 hours TIS after 

the installation of MOD 074775 or the 

reinforcement, and thereafter at 

intervals not exceeding 600 hours TIS, 

visually inspect the junction frame area 

for a crack. If there is a crack, replacing 

or repairing the junction frame in 

accordance with an FAA approved 

repair procedure before further flight. 

Repairing the junction frame would not 

constitute terminating action for the 

requirements of this proposed AD. 

Differences Between This Proposed AD 

and the EASA AD 

EASA AD 2018–0104 does not apply 

to helicopters with MOD 074775, 

whereas this proposed AD does. EASA 

AD 2018–0104 requires performing a 

local non-destructive inspection if in 

doubt about if there is a crack, whereas 

this proposed AD does not. EASA AD 

2018–0104 allows the pilot to visually 

inspect the junction frame from outside 

the tail boom for a crack, whereas this 

proposed AD does not. EASA AD 2018– 

0104 requires contacting Airbus 

Helicopters if any crack is detected, 

whereas this proposed AD would 

require replacing or repairing the 

junction frame in accordance with an 

FAA approved repair procedure instead. 

This proposed AD would require a 

repetitive inspection for helicopters 

with MOD 074775 installed, whereas 

the EASA AD does not. 

Costs of Compliance 

The FAA estimates that this proposed 

AD affects 263 helicopters of U.S. 

Registry. Labor costs are estimated at 

$85 per work-hours. Based on these 

numbers, the FAA estimates that 

operators may incur the following costs 

in order to comply with this proposed 

AD. 

Cleaning and inspecting the junction 

frame area with the horizontal stabilizer 

removed would take about 1 work-hour 

for an estimated cost of $85 per 

helicopter and $22,355 for the U.S. fleet, 

per inspection cycle. 

Internally borescope inspecting the 

junction frame area with the horizontal 

stabilizer installed would take about 0.5 

work hour for an estimated cost of $43 

per helicopter and $11,309 for the U.S. 

fleet, per inspection cycle. 

If applicable, cleaning and inspecting 

the junction frame area in each skin cutout area would take about 1.25 workhour for an estimated cost of $106 per 

helicopter and $27,878 for the U.S. fleet, 

per inspection cycle. 

Modifying the junction frame skin 

reinforcements would take about 90 

work-hours and parts cost about $10,000 

for an estimated cost of $17,650 per 

helicopter and $4,641,950 for the U.S. 

fleet. Reporting certain information 

would take about 1 work-hour for an 

estimated cost of $85 per helicopter and 

$22,355 for the U.S. fleet. Inspecting the 

modified junction frame area would 

take about 1 work-hour for an estimated 

cost of $85 per helicopter and $22,355 

for the U.S. fleet, per inspection cycle. 

If required, repairing or replacing the 

junction frame would take up to 50 

work-hours and parts would cost about 

$60,000 for an estimated cost of $64,250 

per helicopter. 

According to Airbus Helicopters’ 

service information, some of the costs of 

this proposed AD may be covered under 

warranty, thereby reducing the cost 

impact on affected individuals. The 

FAA does not control warranty coverage 

by Airbus Helicopters. Accordingly, the 

FAA has included all costs in this cost 

estimate. 

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 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. 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. 

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, I certify 

that 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 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

(AD) 2016–08–20, Amendment 39– 

18497 (81 FR 26103, May 2, 2016); and 

■ b. Adding the following new AD: 

Airbus Helicopters: Docket No. FAA–2020– 

1182; Product Identifier 2018–SW–036– 

AD. 

(a) Applicability 

This airworthiness directive (AD) applies 

to Airbus Helicopters Model EC130B4 and 

EC130T2 helicopters, certificated in any 

category, with a tail boom to Fenestron 

junction frame (junction frame). 


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(b) Unsafe Condition 

This AD defines the unsafe condition as a 

crack in the junction frame. This condition 

could result in failure of the junction frame, 

which could result in loss of the Fenestron 

and subsequent loss of control of the 

helicopter. 

(c) Affected ADs 

This AD supersedes AD 2016–08–20, 

Amendment 39–18497 (81 FR 26103, May 2, 

2016). 

(d) Comments Due Date 

The FAA must receive comments by April 

5, 2021. 

(e) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(f) Required Actions 

(1) For helicopters without modification 

(MOD) 074775, or MOD AH 350A087421 or 

SB EC130–53–029 installed, at the 

compliance time specified by the hours timein-service (TIS) accumulated on the junction 

frame in Figure 1 to this paragraph, do the 

following: 

(i) Remove the horizontal stabilizer; using 

a clean, lint-free, white cloth soaked with 

liquid Methyl Ethyl Ketone (MEK), clean the 

inside of the junction frame (a) as shown in 

Figure 1 of Airbus Helicopters Emergency 

Alert Service Bulletin No. 05A017, Revision 

7, dated March 21, 2018 (EASB 05A017, Rev 

7); and visually inspect for cracking around 

the circumference of the junction frame, in 

the web of the junction frame (a) and in the 

radius between the web and the flange of the 

tail boom side as shown in Figure 1 EASB 

05A017, Rev 7. Pay particular attention to the 

area around the 4 spars (b) as shown in 

Figure 1 of EASB 05A017, Rev 7. Examples 

of cracks are shown in Figure 3 of EASB 

05A017, Rev 7. If there is a crack, before 

further flight, replace or repair the junction 

frame in accordance with an FAA approved 

repair procedure. Repairing or replacing the 

junction frame does not constitute 

terminating action for the requirements of 

this AD. 

(ii) Thereafter following paragraph (f)(1)(i) 

of this AD, within 25 hours TIS or 390 sling 

cycles for helicopters that perform external 

load carrying operations, whichever occurs 

first, and thereafter at intervals not exceeding 

25 hours TIS or 390 sling cycles, whichever 

occurs first, either perform the actions of 

paragraph (f)(1)(i) of this AD or, if the surface 

of the junction frame area is clean, use a 

borescope through the horizontal stabilizer 

opening to borescope inspect for a crack 

around the circumference of the junction 

frame, and in the web of the junction frame 

(a) and in the radius between the web and 

the flange on the tail boom side as shown in 

Figure 2 EASB 05A017, Rev 7. Pay particular 

attention to the area around the 4 spars (b) 

of Figure 2 of EASB 05A017, Rev 7. Examples 

of cracks are shown in Figure 3 of EASB 

05A017, Rev 7. For purposes of this AD, a 

sling cycle is defined as one landing with or 

without stopping the rotor or one external 

load-carrying operation; an external loadcarrying operation occurs each time a 

helicopter picks up an external load and 

drops it off. If there is a crack, before further 

flight, replace or repair the junction frame in 

accordance with an FAA approved repair 

procedure. Repairing or replacing the 

junction frame does not constitute 

terminating action for the requirements of 

this AD. 

(iii) Thereafter following paragraph (f)(1)(i) 

of this AD, within 150 hours TIS and 

thereafter at intervals not to exceed 150 hours 

TIS, accomplish the actions required by 

paragraph (f)(1)(i) of this AD. 

Accomplishment of this paragraph 

constitutes compliance for an instance of 

paragraph (f)(1)(ii) of this AD. 

(2) For helicopters without MOD 074775 

installed, but with MOD AH 350A087421 or 

SB EC130–53–029 installed, before the 

junction frame accumulates 350 hours TIS or 

within 10 hours TIS, whichever occurs later: 

(i) Visually inspect for cracking on the 

junction frame (a) in the upper and lower 

right-hand side and upper and lower lefthand side areas of the skin cut-out as shown 

in Detail A, Figure 4 of EASB 05A017, Rev 

7. If there is a crack, before further flight, 

replace or repair the junction frame in 

accordance with an FAA approved repair 

procedure. Repairing or replacing the 

junction frame does not constitute 

terminating action for the requirements of 

this AD. 

(ii) Thereafter following paragraph (f)(2)(i) 

of this AD, within 10 hours TIS or 250 sling 

cycles for helicopters that perform external 

load carrying operations, whichever occurs 

first, and thereafter at intervals not exceeding 

10 hours TIS or 250 sling cycles, whichever 

occurs first, accomplish the actions required 

by paragraph (f)(2)(i) of this AD. 

(iii) Thereafter following paragraph (f)(2)(i) 

of this AD, within 660 hours TIS and 

thereafter at intervals not to exceed 660 hours 

TIS, accomplish the actions required by 

paragraph (f)(1)(i) of this AD. 

Accomplishment of this paragraph 

constitutes compliance for an instance of 

paragraph (f)(2)(ii) of this AD. 

(3) For helicopters without MOD 074775 

installed, with or without MOD AH 

350A087421 or SB EC130–53–029 installed, 

without MOD 074609 or SB 53–024 installed, 

and on which the skin of the junction frame 

area has never been repaired, within 24 

months as of the effective date of this AD, 

install MOD 074775 by following the 

Accomplishment Instructions, paragraphs 

3.B.2.a. through g., of Airbus Helicopters 

Service Bulletin No. EC130–53–036, Revision 

4, dated April, 28, 2020 (ASB EC130–53–036, 

Rev 4), except where ASB EC130–53–036, 

Rev. 4 specifies to certain discard parts, you 

are required to remove those parts from 

service instead and where ASB EC130–53– 

036, Rev 4. specifies contacting Airbus 

Helicopters for corrective action, the 

corrective action must be accomplished using 

a method approved by the FAA. Where ASB 

EC130–53–036, Rev 4, specifies completing 

the table in Appendix 4.H. under paragraph 

3.B.2.g., complete and return the table to 

Airbus Helicopters within 30 days after 

installing MOD 074775. Installation of MOD 

074775 constitutes terminating action for the 

inspections required by paragraphs (f)(1) and 

(2) of this AD. 

(4) For helicopters without MOD 074775 

installed, with MOD 074609 or SB 53–024 

installed, or on which the skin of the 

junction frame area has been previously 

repaired at any time, within 24 months as of 

the effective date of this AD, reinforce the 

junction frame by replacing the two lateral 

splices which join the skins with four carbon 

patches (left-hand side, right-hand side, and 

lower sides) in accordance with an FAA 

approved corrective procedure. Installation 


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12862 Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules 

of this reinforcement constitutes terminating 

action for the inspections required by 

paragraphs (f)(1) and (2) of this AD. 

(5) For Model EC130B4 helicopters with 

MOD 074775 installed or with the 

reinforcement that is required by paragraph 

(f)(4) of this AD; and for Model EC130T2 

helicopters with MOD 074775 installed or 

with the reinforcement that is required by 

paragraph (f)(4) of this AD, but without MOD 

074581 installed: 

(i) Within 600 hours TIS after the 

installation of MOD 074775 or the 

reinforcement that is required by paragraph 

(f)(4) of this AD, and thereafter at intervals 

not exceeding 600 hours TIS, perform the 

actions of paragraph (f)(1)(i) of this AD. 

(ii) If there is a crack, before further flight, 

replace or repair the junction frame in 

accordance with an FAA approved repair 

procedure. Repairing the junction frame does 

not constitute terminating action for the 

requirements of this AD. 

(g) Special Flight Permits 

Special flight permits are prohibited. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, may approve AMOCs for this 

AD. Send your proposal to: Kristi Bradley, 

Aviation Safety Engineer, General Aviation & 

Rotorcraft Section, International Validation 

Branch, FAA, 10101 Hillwood Pkwy., Fort 

Worth, TX 76177; telephone 817–222–5110; 

email kristin.bradley@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, the FAA suggests 

that you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office, before 

operating any aircraft complying with this 

AD through an AMOC. 

(i) Additional Information 

(1) Airbus Helicopters Service Bulletin No. 

EC130–53–029, Revision 1, dated January 27, 

2016, Airbus EC 130 B4 Chapter 4, 

Airworthiness Limitations Section, Revision 

11, dated January 19, 2019, Airbus EC 130 T2 

Chapter 4, Airworthiness Limitations 

Section, Revision 9, dated September 9, 2019, 

and Section 55–11–00, 6–4–Horizontal 

Stabilizer—Inspection/Check, of Aircraft 

Maintenance Manual EC130, dated 

November 9, 2017, which are not 

incorporated by reference, contain additional 

information about the subject of this AD. For 

service information identified in this AD, 

contact Airbus Helicopters, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; telephone 

972–641–0000 or 800–232–0323; fax 972– 

641–3775; or at https://www.airbus.com/ 

helicopters/services/technical-support.html. 

You may view a copy of the service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 10101 

Hillwood Pkwy., Room 6N–321, Fort Worth, 

TX 76177. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency (now 

European Union Aviation Safety Agency) 

(EASA) 2018–0104, dated May 4, 2018. You 

may view the EASA AD on the internet at 

https://www.regulations.gov by searching for 

and locating it in Docket No. FAA–2020– 

1182. 

(j) Subject 

Joint Aircraft Service Component (JASC) 

Code: 5302, Rotorcraft Tail Boom. 

Issued on February 19, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–03954 Filed 3–4–21; 8:45 am] 

BILLING CODE 4910–13–P 

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). 

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: 

• 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 is proposed for IBR 

in this AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; 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 

blaine.williams@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–2020–1183; 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 


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