51042 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0779; Project 

Identifier MCAI–2020–01505–R] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters Deutschland GmbH 

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 Deutschland 

GmbH Model MBB–BK 117 D–2 

helicopters. This proposed AD was 

prompted by a report of chafing marks 

on a wiring harness near the locking 

washer of the lateral control rod. This 

proposed AD would require an 

inspection of the wiring harness and the 

routing of the wiring harness and 

corrective actions if necessary, 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 October 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: 

• 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 EASA material that is proposed 

for IBR in this AD, contact EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; phone: +49 221 8999 

000; email: ADs@easa.europa.eu; 

internet: www.easa.europa.eu. You may 

find the EASA 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. This material is 

also available at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0779. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0779; 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, the EASA AD, any comments 

received, and other information. The 

street address for Docket Operations is 

listed above. 

FOR FURTHER INFORMATION CONTACT: 

Jacob Fitch, Aerospace Engineer, COS 

Program Management Section, 

Operational Safety Branch, Compliance 

& Airworthiness Division, FAA, 10101 

Hillwood Pkwy., Fort Worth, TX 76177; 

phone: (817) 222–4130; email: 

jacob.fitch@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–2021–0779; Project Identifier 

MCAI–2020–01505–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 NPRM. 

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 Jacob Fitch, Aerospace 

Engineer, COS Program Management 

Section, Operational Safety Branch, 

Compliance & Airworthiness Division, 

FAA, 10101 Hillwood Pkwy., Fort 

Worth, TX 76177; phone: (817) 222– 

4130; email: jacob.fitch@faa.gov. Any 

commentary that the FAA receives that 

is not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

Background 

The EASA, which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2020–0246, dated November 10, 2020 

(EASA AD 2020–0246), to correct an 

unsafe condition for certain Airbus 

Helicopters Deutschland GmbH, 

formerly Eurocopter Deutschland GmbH 

Model MBB–BK 117 D–2 helicopters. 

This proposed AD was prompted by 

a report of chafing marks on a wiring 

harness near the locking washer of the 

lateral control rod. The FAA is 

proposing this AD to address chafing 

marks on a wiring harness near the 

locking washer of the lateral control rod, 

which if not addressed, could result in 

in-flight loss of the hoist load and 

possible personal injury, or could 

generate a burning smell and possible 

need for the flight crew to implement 

the applicable emergency procedure. 

See EASA AD 2020–0246 for additional 

background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2020–0246 requires an 

inspection of the wiring harness and the 

routing of the wiring harness for 

discrepancies (includes damaged wire 

harnesses and insufficient clearances) 

and corrective actions (includes repair 

of wire harnesses and re-routing the 

wire harness) if necessary, and an 

update of the Aircraft Maintenance 

Programme (AMP) to incorporate certain 

tasks. 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 

These helicopters have been approved 

by EASA and are approved for operation 


tkelley on DSK125TN23PROD with PROPOSALS
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Proposed Rules 51043 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the 

European Union, EASA has notified the 

FAA about the unsafe condition 

described in its AD. The FAA is 

proposing this AD after evaluating all 

known relevant information and 

determining that the unsafe condition 

described previously is likely to exist or 

develop on other helicopters of the same 

type design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2020–0246, 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 developed a process to 

use some civil aviation authority (CAA) 

ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, the FAA proposes to 

incorporate EASA AD 2020–0246 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2020–0246 

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 

EASA AD 2020–0246 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 EASA AD 2020–0246. 

Service information required by EASA 

AD 2020–0246 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0779 after the FAA final 

rule is published. 

Differences Between This Proposed AD 

and the EASA AD 

EASA AD 2020–0246 requires 

revising the ‘‘Aircraft Maintenance 

Programme (AMP),’’ whereas this 

proposed AD would not because not all 

U.S. operators are required to have a 

maintenance program. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 31 

helicopters of U.S. Registry. Labor rates 

are estimated at $85 per work-hour. 

Based on these numbers, the FAA 

estimates the following costs to comply 

with this proposed AD. 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on 

U.S. operators 

Inspection ................................ 1 work-hour × $85 per hour = $85 ......................................... $0 $85 $2,635 

The FAA estimates the following 

costs to do any necessary repairs and rerouting that would be required based on 

the results of the proposed inspection. 

The agency has no way of determining 

the number of aircraft that might need 

these repairs: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Repairs and re-routing ..................... Up to 1 work-hour × $85 per hour = $85 .................................................. $0 * $85 

* The FAA has received no definitive data on which to base the cost estimates for the on-condition repairs specified in this proposed AD. 

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) Would not affect intrastate 

aviation in Alaska, and 

(3) Would 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: 


tkelley on DSK125TN23PROD with PROPOSALS
51044 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Proposed Rules 

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 adding 

the following new airworthiness 

directive: 

Airbus Helicopters Deutschland GmbH: 

Docket No. FAA–2021–0779; Project 

Identifier MCAI–2020–01505–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by October 29, 

2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Helicopters 

Deutschland GmbH Model MBB–BK 117 D– 

2 helicopters, certificated in any category, as 

identified in European Union Aviation Safety 

Agency (EASA) AD 2020–0246, dated 

November 10, 2020 (EASA AD 2020–0246). 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2597, Equip/Furnishing System 

Wiring. 

(e) Unsafe Condition 

This AD was prompted by a report of 

chafing marks on a wiring harness near the 

locking washer of the lateral control rod. The 

FAA is issuing this AD to address chafing 

marks on a wiring harness near the locking 

washer of the lateral control rod. The unsafe 

condition, if not addressed, could result in 

in-flight loss of the hoist load and possible 

personal injury, or could generate a burning 

smell and possible need for the flight crew 

to implement the applicable emergency 

procedure. 

(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 2020–0246. 

(h) Exceptions to EASA AD 2020–0246 

(1) Where EASA AD 2020–0246 requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service. 

(2) Where EASA AD 2020–0246 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(3) Where Paragraph (3) of EASA AD 2020– 

0246 specifies to update the Aircraft 

Maintenance Programme (AMP) with certain 

tasks included in the service information 

referenced by EASA AD 2020–0246, this AD 

does not include that requirement. 

(4) This AD does not require the 

‘‘Remarks’’ section of EASA AD 2020–0246. 

(i) Special Flight Permit 

Special flight permits may be issued in 

accordance with 14 CFR 21.197 and 21.199 

to operate the helicopter to a location where 

the actions of this AD can be performed, 

provided that no debris from chafing is 

visible that would allow jamming or fouling 

of the flight controls, the chafing does not 

interfere with the flight controls by jamming 

or fouling, and the systems impacted by the 

wiring harness are rendered inoperable by 

collaring the circuit breaker. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) 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 manager of 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: 9-AVS-AIR730-AMOC@faa.gov. 

(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. 

(k) Related Information 

(1) For EASA AD 2020–0246, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; phone: +49 221 8999 000; 

email: ADs@easa.europa.eu; internet: 

www.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 

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

for and locating Docket No. FAA–2021–0779. 

(2) For more information about this AD, 

contact Jacob Fitch, Aerospace Engineer, COS 

Program Management Section, Operational 

Safety Branch, Compliance & Airworthiness 

Division, FAA, 10101 Hillwood Pkwy., Fort 

Worth, TX 76177; phone: (817) 222–4130; 

email: jacob.fitch@faa.gov. 

Issued on September 2, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–19614 Filed 9–13–21; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 281 and 282 

[EPA–R04–UST–2020–0611; FRL–8781–01– 

R4] 

Alabama: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of Alabama 

(Alabama or State) has applied to the 

Environmental Protection Agency (EPA) 

for final approval of revisions to its 

Underground Storage Tank Program 

(UST Program) under subtitle I of the 

Resource Conservation and Recovery 

Act (RCRA). Pursuant to RCRA, the EPA 

is proposing to approve revisions to 

Alabama’s UST Program. This action is 

based on the EPA’s determination that 

the State’s revisions satisfy all 

requirements for UST program approval. 

This action also proposes to codify 

Alabama’s revised UST Program and to 

incorporate by reference the State 

statutes and regulations that we have 

determined meet the requirements for 

approval. 

DATES: Comments on this proposed rule 

must be received on or before October 

14, 2021. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R04– 

UST–2020–0611, by either of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: self.terry@epa.gov. Include 

the Docket ID No. EPA–R04–UST–2020– 

0611 in the subject line of the message. 

Instructions: Submit your comments, 

identified by Docket ID No. EPA–R04– 

UST–2020–0611, via the Federal 

eRulemaking Portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from https://

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 


tkelley on DSK125TN23PROD with PROPOSALS