[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Proposed Rules]
[Pages 63238-63240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22124]



[[Page 63238]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0909; Project Identifier 2019-SW-118-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Helicopters Model AS332C, AS332C1, AS332L, and 
AS332L1 helicopters. This proposed AD was prompted by a report that the 
cabin lateral sliding plug door failed its emergency jettisoning test; 
subsequent investigation revealed that the jettison handle cable 
interfered with the cable clamps. This proposed AD would require 
modifying the release system of each cabin lateral sliding plug door, 
or modifying the design of the jettison system of each cabin lateral 
sliding plug door, as specified in a European Union Aviation Safety 
Agency (EASA) AD, which will be incorporated by reference. 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 November 
23, 2020.

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 incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 8999 000; email [email protected]; internet www.easa.europa.eu. 
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR 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-2020-0909.

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-
0909; 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: Kathleen Arrigotti, Aviation Safety 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views about this proposal. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one copy of the comments. Send your comments to an 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2020-0909; Project Identifier 2019-SW-118-AD'' at the beginning of your 
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, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments received by the closing 
date for comments. The FAA will consider comments filed after the 
comment period has closed if it is possible to do so without incurring 
expense or delay. The FAA may change this NPRM because of those 
comments.

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 
Kathleen Arrigotti, Aviation Safety Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des Moines, 
WA 98198; telephone and fax 206-231-3218; email 
[email protected]. 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 EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0064R1, dated December 19, 2019 
(``EASA AD 2019-0064R1'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus Helicopters Model AS332C, AS332C1, AS332L, 
and AS332L1 helicopters.
    This proposed AD was prompted by a report that the cabin lateral 
sliding plug door failed its emergency jettisoning test; subsequent 
investigation revealed that the jettison handle cable interfered with 
the cable clamps. The FAA is proposing this AD to address this 
condition, which could lead to jamming of the door jettisoning 
mechanism, preventing the jettisoning of the affected door in an 
emergency situation, and possibly obstructing occupant evacuation. See 
the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0064R1 describes, among other things, procedures for 
modifying the release system of each cabin lateral sliding plug door, 
or modifying the design of the jettison

[[Page 63239]]

system of each cabin lateral sliding plug door.
    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

    This product has been approved by the aviation authority of another 
country, and is 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 MCAI 
referenced above. The FAA is proposing this AD because the FAA 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0064R1, 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 MCAI.''

Differences Between This Proposed AD and the MCAI

    EASA AD 2019-0064R1 specifies inspections of the jettisoning 
mechanism of the cabin lateral sliding plug doors and corrective 
actions. This proposed AD does not include those actions. AD 2019-09-
03, Amendment 39-19637 (84 FR 22693, May 20, 2019) (``AD 2019-09-03'') 
already requires those actions. The FAA has determined that this 
proposed AD would only require the modification specified in EASA AD 
2019-0064R1, which would then terminate the requirements of AD 2019-09-
03.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2019-
0064R1 will be incorporated by reference in the FAA final rule. This 
proposed AD would, therefore, require compliance with EASA AD 2019-
0064R1 in its entirety, through that incorporation, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. Using common terms that are the same as the heading of a 
particular section in the EASA AD does not mean that operators need 
comply only with that section. For example, where the AD requirement 
refers to ``all required actions and compliance times,'' compliance 
with this AD requirement is not limited to the section titled 
``Required Action(s) and Compliance Time(s)'' in the EASA AD. Service 
information specified in EASA AD 2019-0064R1 that is required for 
compliance with EASA AD 2019-0064R1 will be available on the internet 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0909 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 19 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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Up to 214 work-hours x $85 per hour =  $ \*\..................  Up to $18,190..........  Up to $345,610.
 Up to $18,190.
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* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the
  actions 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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):


[[Page 63240]]


Airbus Helicopters: Docket No. FAA-2020-0909; Project Identifier 
2019-SW-118-AD.

(a) Comments Due Date

    The FAA must receive comments by November 23, 2020.

(b) Affected ADs

    This AD affects AD 2019-09-03, Amendment 39-19637 (84 FR 22693, 
May 20, 2019) (``AD 2019-09-03'').

(c) Applicability

    This AD applies to Airbus Helicopters Model AS332C, AS332C1, 
AS332L, and AS332L1 helicopters, certificated in any category, as 
identified in European Union Aviation Safety Agency (EASA) AD 2019-
0064R1, dated December 19, 2019 (``EASA AD 2019-0064R1'').

(d) Subject

    Joint Aircraft System Component (JASC) Code 5200, Doors.

(e) Reason

    This AD was prompted by a report that the cabin lateral sliding 
plug door failed its emergency jettisoning test; subsequent 
investigation revealed that the jettison handle cable interfered 
with the cable clamps. The FAA is issuing this AD to address this 
condition, which could lead to jamming of the door jettisoning 
mechanism, preventing the jettisoning of the affected door in an 
emergency situation, and possibly obstructing occupant evacuation.

(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, paragraph (3) or (4) of EASA AD 2019-0064R1.

(h) Exceptions to EASA AD 2019-0064R1

    (1) Where EASA AD 2019-0064R1 refers to April 10, 2019 (the 
effective date of EASA AD 2019-0064, dated March 27, 2019), this AD 
requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0064R1 does not 
apply to this AD.
    (3) If the modification specified in paragraph (4) of EASA AD 
2019-0064R1 is done, it must be done at the compliance time 
specified in paragraph (3) of EASA AD 2019-0064R1.
    (4) Although the service information referenced in EASA AD 2019-
0064R1 specifies to discard or scrap certain parts, this AD does not 
include that requirement.
    (5) Where paragraph (3) of EASA AD 2019-0064R1 specifies to do a 
modification ``in accordance with the instructions of section 3 of 
the modification ASB'' this AD excludes paragraph 3.B.5. of ``the 
modification ASB.''
    (6) Where paragraph (4) of EASA AD 2019-0064R1 refers to 
``Eurocopter AS 322 SB No. 52.00.28,'' for this AD use ``Eurocopter 
AS 332 SB No. 52.00.28.''

(i) Terminating Action for AD 2019-09-03

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2019-09-03.

(j) Alternative Methods of Compliance (AMOCs)

    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 International Validation Branch, send it to the 
attention of the person identified in paragraph (k)(2) of this AD. 
Information may be emailed to: [email protected]. For 
operations conducted under a 14 CFR part 119 operating certificate 
or under 14 CFR part 91, subpart K, 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.

(k) Related Information

    (1) For information about EASA AD 2019-0064R1, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 
6N-321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call 817-222-5110. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0909.
    (2) For more information about this AD, contact Kathleen 
Arrigotti, Aviation Safety Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des 
Moines, WA 98198; telephone and fax 206-231-3218; email 
[email protected].

    Issued on October 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-22124 Filed 10-6-20; 8:45 am]
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