[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Proposed Rules]
[Pages 31995-31997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12517]



[[Page 31995]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0496; Project Identifier MCAI-2020-00393-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters and Airbus 
Helicopters Deutschland GmbH (AHD) 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 Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, AS350B, 
AS350BA, AS350B1, AS350B2, AS350B3, AS350D, AS355E, AS355F, AS355F1, 
AS355F2, AS355N, AS355NP, AS-365N2, AS 365 N3, EC120B, EC130B4, 
EC130T2, EC 155B, EC155B1, SA-365N, and SA-365N1 helicopters; and 
Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1, EC135P2, 
EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, MBB-BK117 C-2, 
and MBB-BK117 D-2 helicopters. This proposed AD was prompted by failure 
of an Emergency Flotation System (EFS) float compartment to inflate 
during maintenance of the EFS. This proposed AD would require 
inspecting certain EFSs and depending on the results, marking certain 
parts or removing certain parts from service, 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 August 2, 
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 EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 
000; email <a href="/cdn-cgi/l/email-protection#2e6f6a5d6e4b4f5d4f004b5b5c415e4f004b5b"><span class="__cf_email__" data-cfemail="b6f7f2c5f6d3d7c5d798d3c3c4d9c6d798d3c3">[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-2021-0496.

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-
0496; 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: Andrea Jimenez, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330; fax 516-
794-5531; email <a href="/cdn-cgi/l/email-protection#3b02165a4d481655425a5854165854487b5d5a5a155c544d"><span class="__cf_email__" data-cfemail="a49d89c5d2d789caddc5c7cb89c7cbd7e4c2c5c58ac3cbd2">[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-2021-0496; Project Identifier 
MCAI-2020-00393-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 
Andrea Jimenez, Aerospace Engineer, Airframe and Propulsion Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7330; fax 516-794-5531; email <a href="/cdn-cgi/l/email-protection#271e0a4651540a495e4644480a4448546741464609404851"><span class="__cf_email__" data-cfemail="ead3c78b9c99c784938b8985c7898599aa8c8b8bc48d859c">[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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0064, dated March 19, 2020 
(EASA AD 2020-0064), to correct an unsafe condition for Airbus 
Helicopters (AH), formerly Eurocopter, Eurocopter France, Aerospatiale 
Model EC 120 B, EC 175 B, AS 332 C, AS 332 C1, AS 332 L, AS 332 L1, AS 
350 B, AS 350 B1, AS 350 B2, AS 350 BA, AS 350 BB, AS 350 B3, AS 350 D, 
EC 130 B4, EC 130 T2, AS 355 E, AS 355 F, AS 355 F1, AS 355 F2, AS 355 
N, AS 355 NP, SA 365 N, SA 365 N1, AS 365 N2, AS 365 N3, EC 155 B, and 
EC 155 B1 helicopters. EASA AD 2020-0064 also corrects an unsafe 
condition for Airbus Helicopters Deutschland GmbH (AHD), formerly 
Eurocopter Deutschland GmbH; and Airbus Helicopters Inc., formerly 
American Eurocopter LLC, Eurocopter Espa[ntilde]a S.A. Model MBB-BK117 
C-2, MBB-BK117 D-2, EC 135 P1, EC 135 P2, EC 135 P2+, EC 135 P3, EC 135 
T1, EC 135 T2, EC 135 T2+, EC 135 T3, EC 635 P2+, EC 635 P3, EC 635 T1, 
EC 635 T2+, and EC 635 T3 helicopters. Model EC635 P2+, EC635 P3, EC635 
T1, EC635 T2+, and EC635 T3 helicopters are not certificated by the FAA 
and are not included on the U.S. type certificate data sheet except 
where the U.S. type certificate data sheet explains that the

[[Page 31996]]

Model EC635T2+ helicopter having serial number 0858 was converted from 
Model EC635T2+ to Model EC135T2+; this proposed AD therefore does not 
include Model EC635 P2+, EC635 P3, EC635 T1, EC635 T2+, and EC635 T3 
helicopters in the applicability.
    This proposed AD was prompted by failure of an EFS float 
compartment to inflate during maintenance of the EFS. The FAA is 
proposing this AD to address a blocked float supply hose. The unsafe 
condition, if not addressed, could result in partial inflation of an 
EFS float during an emergency landing on water and subsequently 
preventing a timely egress from the helicopter, which could result in 
injury to helicopter occupants. See EASA AD 2020-0064 for additional 
background information.

Related Service Information Under 1 CFR part 51

    EASA AD 2020-0064 specifies inspecting certain EFSs and depending 
on the results, marking a float supply hose with a green dot with 
indelible ink if the float supply hose passes an inspection, replacing 
the float supply hose with a serviceable float supply hose, or 
replacing an affected EFS with a serviceable EFS. EASA AD 2020-0064 
also prohibits installing a float supply hose unless it passes the 
inspection and is marked.
    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 EASA AD 
2020-0064. 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 2020-0064, 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 2020-0064 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0064 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 2020-0064 that is required for compliance with EASA AD 2020-
0064 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0496 after the FAA 
final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2020-0064 applies to Airbus Helicopters Model EC120B, 
EC175B, AS332C, AS332C1, AS332L, AS332L1, AS350B, AS350B1, AS350B2, 
AS350BA, AS350BB, AS350B3, AS350D, EC130B4, EC130T2, AS355E, AS355F, 
AS355F1, AS355F2, AS355N, AS355NP, SA-365N, SA-365N1, AS-365N2, AS 365 
N3, EC155 B, and EC155B1 helicopters and Airbus Helicopters Deutschland 
GmbH Model MBB-BK 117 C-2, MBB-BK 117 D-2, EC135P1, EC135P2, EC135P2+, 
EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, EC635 P2+, EC635P3, 
EC635T1, EC635T2+, and EC635T3 helicopters, whereas this proposed AD 
would not include Model AS350BB, EC175B, EC635P2+, EC635P3, EC635T1, 
EC635T2+, and EC635T3 helicopters because these models are not FAA 
type-certificated. Where the service information referenced in EASA AD 
2020-0064 requires certain compliance times depending on whether the 
helicopter is operated over water, this proposed AD would require 
compliance within 100 hours time-in-service (TIS) instead. Where the 
service information referenced in EASA AD 2020-0064 specifies ``work 
must be performed on the helicopter by the operator,'' this proposed AD 
would require that the work be accomplished by a mechanic that meets 
the requirements of 14 CFR part 65 subpart D. Where some of the service 
information referenced in EASA AD 2020-0064 specifies replacing or 
removing an affected hose that fails the inspection, this proposed AD 
would require removing the hose from service instead. Where some of the 
service information referenced in EASA AD 2020-0064 specifies to 
discard certain parts, this proposed AD would require removing those 
parts from service instead. Where some of the service information 
referenced in EASA AD 2020-0064 specifies to return the EFS to the 
Safran Aerosystems network or clogged hoses to Safran Aerosystems 
Services, this proposed AD would not include those requirements. Where 
the service information referenced in EASA AD 2020-0064 specifies to 
submit certain information to the manufacturer, this proposed AD does 
not include that requirement.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,900 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 EFS would take up to about 8 work-hours for an 
estimated cost of up to $680 per helicopter and $1,292,000 for the U.S. 
fleet.
    Replacing an EFS hose would take about 1 work-hour and parts cost 
between $500 and $2,000 per hose, and up to $11,000 for a set of float 
supply hoses, for an estimated cost of up to $11,085 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

[[Page 31997]]

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:

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 and Airbus Helicopters Deutschland GmbH (AHD): 
Docket No. FAA-2021-0496; Project Identifier MCAI-2020-00393-R.

(a) Comments Due Date

    The FAA must receive comments by August 2, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to the following helicopters, certificated in 
any category, with an affected part as defined in European Union 
Aviation Safety Agency (EASA) AD 2020-0064, dated March 19, 2020 
(EASA AD 2020-0064), installed:
    (1) Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, 
AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350D, AS355E, AS355F, 
AS355F1, AS355F2, AS355N, AS355NP, AS-365N2, AS 365 N3, EC120B, 
EC130B4, EC130T2, EC 155B, EC155B1, SA-365N, and SA-365N1 
helicopters, and
    Note 1 to paragraph (c)(1): Helicopters with an AS350B3e 
designation are Model AS350B3 helicopters.
    (2) Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1, 
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, 
MBB-BK117 C-2, and MBB-BK117 D-2 helicopters.
    Note 2 to paragraph (c)(2): Helicopters with an EC135P3H 
designation are Model EC135P3 helicopters. Helicopters with an 
EC135T3H designation are Model EC135T3 helicopters. Helicopters with 
an MBB-BK117 C-2e designation are Model MBB-BK117 C-2 helicopters.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2500, Cabin 
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by failure of an Emergency Flotation System 
(EFS) float compartment to inflate during maintenance of the EFS. 
The FAA is issuing this AD to address a blocked float supply hose. 
The unsafe condition, if not addressed, could result in partial 
inflation of an EFS float during an emergency landing on water and 
subsequently preventing a timely egress from the helicopter, which 
could result in injury to helicopter occupants.

(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 2020-0064.

(h) Exceptions to EASA AD 2020-0064

    (1) Where EASA AD 2020-0064 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of the EASA AD requires inspecting each 
affected part within the compliance time defined in section 1.E of 
the applicable ASB, this AD requires inspecting each affected part 
within 100 hours time-in-service (TIS) after the effective date of 
this AD.
    (3) Where the service information referenced in paragraph (1) of 
EASA AD 2020-0064 specifies that ``the work must be performed on the 
helicopter by the operator,'' this AD requires that the work be 
accomplished by a mechanic that meets the requirements of 14 CFR 
part 65 subpart D.
    (4) Where the service information referenced in EASA AD 2020-
0064 specifies replacing or removing an affected hose that fails the 
inspection, this AD requires removing the hose from service.
    (5) Where the service information referenced in EASA AD 2020-
0064 specifies to discard certain parts, this AD requires removing 
those parts from service.
    (6) Where the service information referenced in EASA AD 2020-
0064 specifies returning the EFS to the Safran Aerosystems network 
for compliance or returning clogged hoses to Safran Aerosystems 
Services, this AD does not include those requirements.
    (7) The ``Remarks'' section of EASA AD 2020-0064 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0064 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(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 Manager, International Validation Branch, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email <a href="/cdn-cgi/l/email-protection#40796d0116136d0109126d7773706d010d0f03002621216e272f36"><span class="__cf_email__" data-cfemail="ecd5c1adbabfc1ada5bec1dbdfdcc1ada1a3afac8a8d8dc28b839a">[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.

(k) Related Information

    (1) For EASA AD 2020-0064, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#e4a5a097a481859785ca8191968b9485ca8191"><span class="__cf_email__" data-cfemail="28696c5b684d495b49064d5d5a475849064d5d">[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-2021-0496.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7330; fax 516-794-5531; email <a href="/cdn-cgi/l/email-protection#182135796e6b357661797b77357b776b587e7979367f776e"><span class="__cf_email__" data-cfemail="340d19554247195a4d55575b19575b47745255551a535b42">[email protected]</span></a>.

    Issued on June 9, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-12517 Filed 6-15-21; 8:45 am]
BILLING CODE 4910-13-P


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