[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Proposed Rules]
[Pages 69267-69269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24103]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0974; Project Identifier MCAI-2020-00273-R]
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 all Airbus Helicopters Model EC 155B and EC155B1 helicopters. This 
proposed AD was prompted by a report that non-destructive tests of the 
main gearbox (MGB) housing may have been evaluated incorrectly during 
production. This proposed AD would require replacing affected MGBs with 
serviceable MGBs, 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 December 
17, 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 89990 1000; 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-2020-0974.

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-
0974; 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: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, FAA, 470 L'Enfant Plaza SW, Washington, DC 
20024; telephone 202-267-9167; 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-
2020-0974; Project Identifier MCAI-2020-00273-R'' 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

[[Page 69268]]

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 Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 470 
L'Enfant Plaza SW, Washington, DC 20024; telephone 202-267-9167; email 
[email protected]. Any commentary that the FAA receives that is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0043, dated March 2, 2020 (EASA 
AD 2020-0043) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus Helicopters Model EC 155 B and EC 155 B1 helicopters.
    This proposed AD was prompted by a report that non-destructive 
tests of the MGB housing may have been evaluated incorrectly during 
production. The FAA is proposing this AD to address failure of the 
affected MGB housing, possibly resulting in reduced control of the 
helicopter. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0043 describes procedures for replacing affected MGBs 
with serviceable MGBs.
    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 2020-0043, 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.''

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 2020-0043 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0043 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 2020-0043 that is required for compliance with EASA AD 2020-
0043 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0974 after the FAA 
final rule is published.

Differences Between This Proposed AD and the MCAI

    EASA AD 2020-0043 specifies to do the replacement ``within 10 
flight hours or 75 days, whichever occurs first.'' The compliance time 
for this proposed AD is within 10 hours time-in-service.

Costs of Compliance

    The FAA estimates that this proposed AD affects 18 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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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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40 work-hours x $85 per hour = $3,400........................        $141,137         $144,537       $2,601,666
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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 69269]]

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):

Airbus Helicopters: Docket No. FAA-2020-0974; Project Identifier 
MCAI-2020-00273-R.

(a) Comments Due Date

    The FAA must receive comments by December 17, 2020.

(b) Affected ADs

    None.

 (c) Applicability

    This AD applies to all Airbus Helicopters Model EC 155B and 
EC155B1 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6320, Main Rotor 
Gearbox.

(e) Reason

    This AD was prompted by a report that non-destructive tests of 
the main gearbox (MGB) housing may have been evaluated incorrectly 
during production. The FAA is issuing this AD to address failure of 
the affected MGB housing, possibly resulting in reduced control of 
the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0043, dated March 2, 2020 (EASA AD 2020-0043).

(h) Exceptions to EASA AD 2020-0043

    (1) Where EASA AD 2020-0043 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0043 specifies to do the replacement 
``within 10 flight hours or 75 days, whichever occurs first after 
the effective date of this AD,'' for this AD, the compliance time 
for the replacement is within 10 hours time-in-service after the 
effective date of this AD.
    (3) Although the service information referenced in EASA AD 2020-
0043 specifies to return certain parts, this AD does not include 
that requirement.
    (4) The ``Remarks'' section of EASA AD 2020-0043 does not apply 
to this AD.

(i) Alternative Methods of Compliance (AMOCs):

    The Manager, Rotorcraft Standards Branch, FAA, may approve AMOCs 
for this AD. Send your proposal to: Manager, Rotorcraft Standards 
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
817-222-5110; email [email protected].

(j) Related Information

    (1) For EASA AD 2020-0043, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; 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-2020-0974.
    (2) For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, FAA, 470 L'Enfant 
Plaza SW, Washington, DC 20024; telephone 202-267-9167; email 
[email protected].

    Issued on October 26, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-24103 Filed 10-30-20; 8:45 am]
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