[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Proposed Rules]
[Pages 70087-70089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24394]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 85, No. 214 / Wednesday, November 4, 2020 / 
Proposed Rules  

[[Page 70087]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0983; Project Identifier MCAI-2020-00542-R]
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) 
2018-05-09, which applies to all Airbus Helicopters Model AS332C, 
AS332C1, AS332L, and AS332L1 helicopters. AD 2018-05-09 requires 
inspecting the tail rotor (T/R) flapping hinge link (hinge) and 
reporting the results. Since the FAA issued AD 2018-05-09, the FAA has 
determined that repetitive inspections of the spindle bolts and the 
inner ring and needle bearings of each flapping hinge and repetitive 
replacements of affected flapping hinge components must be done in 
order to address the unsafe condition. Replacement of all affected 
flapping hinge components on each flapping hinge is terminating action 
for the repetitive inspections. This proposed AD would require 
repetitive inspections of the spindle bolts and the inner ring and 
needle bearings of each flapping hinge, corrective actions if 
necessary, and repetitive replacements of affected flapping hinge 
components, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which will be incorporated by reference. This proposed AD 
would also expand the applicability. 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 
21, 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-2020-0983.

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-
0983; 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: Daniel E. Moore, Aviation Safety 
Engineer, Regulations & Policy Section, Rotorcraft Standards Branch, 
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-
5110; 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 
2020-0983; Project Identifier MCAI-2020-00542-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 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 
Daniel E. Moore, Aviation Safety Engineer, Regulations & Policy 
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone 817-222-5110; email [email protected]. 
Any commentary that the FAA receives that is not specifically

[[Page 70088]]

designated as CBI will be placed in the public docket for this 
rulemaking.

Discussion

    The FAA issued AD 2018-05-09, Amendment 39-19218 (83 FR 10360, 
March 9, 2018) (AD 2018-05-09), which applies to all Airbus Helicopters 
Model AS332C, AS332C1, AS332L, and AS332L1 helicopters. AD 2018-05-09 
requires inspecting the T/R flapping hinge and reporting the results. 
The FAA issued AD 2018-05-09 to address failure of a T/R flapping 
hinge. This condition could result in unbalance of the T/R, detachment 
of the T/R gearbox and hub, and subsequent loss of control of the 
helicopter.

Actions Since AD 2018-05-09 Was Issued

    Since the FAA issued AD 2018-05-09, the FAA has determined 
repetitive inspections of the spindle bolts and the inner ring and 
needle bearings of each flapping hinge and repetitive replacements of 
affected flapping hinge components must be done in order to address the 
unsafe condition. Replacement of all affected flapping hinge components 
on each flapping hinge is terminating action for the repetitive 
inspections of the spindle bolts and the inner ring and needle bearings 
of each flapping hinge. In addition, the applicability has been 
expanded to include Model SA330J helicopters.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0086, dated April 14, 2020 
(EASA AD 2020-0086) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, and 
SA330J helicopters.
    This proposed AD was prompted by a report of a damaged flapping 
hinge on a T/R blade. The FAA is proposing this AD to address failure 
of a T/R flapping hinge. This condition could result in unbalance of 
the T/R, detachment of the T/R gearbox and hub, and subsequent loss of 
control of the helicopter. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0086 describes procedures for repetitive replacement 
of the flapping hinge components and repetitive inspections of the 
spindle bolts, inner ring, and needle bearings of each flapping hinge, 
and corrective action. The inspection procedures include repetitive 
inspections of the spindle bolts for cracking; repetitive inspections 
of the inner ring for spalling, brinelling, and cracking; and 
repetitive inspections of the needle bearings for spalling. The 
corrective actions include replacement of any affected component with a 
serviceable part. 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 2020-0086 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 2020-0086 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0086 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 2020-0086 that is required for compliance with EASA AD 2020-
0086 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0983 after the FAA 
final rule is published.

Differences Between This Proposed AD and the MCAI

    Although the service information referenced in EASA AD 2020-0086 
specifies to return affected parts and submit a form to the 
manufacturer, this proposed AD does not include those requirements.
    Where paragraph (1) of EASA AD 2020-0086 refers to a compliance 
time of ``within 25 flight hours or during the next scheduled 50 FH 
inspection, whichever occurs later . . . ,'' for the initial 
replacement, this proposed AD requires completion within 25 hours time-
in-service after the effective date of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 26 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680...........................         $11,630          $12,310         $320,060
----------------------------------------------------------------------------------------------------------------


[[Page 70089]]

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 removing Airworthiness Directive (AD) 
2018-05-09, Amendment 39-19218 (83 FR 10360, March 9, 2018), and adding 
the following new AD:

Airbus Helicopters: Docket No. FAA-2020-0983; Project Identifier 
MCAI-2020-00542-R.

(a) Comments Due Date

    The FAA must receive comments by December 21, 2020.

(b) Affected Airworthiness Directives (ADs)

    This AD removes AD 2018-05-09, Amendment 39-19218 (83 FR 10360, 
March 9, 2018) (AD 2018-05-09).

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS332C, AS332C1, 
AS332L, AS332L1, and SA330J helicopters, certificated in any 
category, all manufacturer serial numbers.

(d) Subject

    Joint Aircraft System Component (JASC) Codes 6420, Tail Rotor 
Head; 6720, Tail Rotor Control System.

(e) Reason

    This AD was prompted by a report of a damaged flapping hinge 
link (hinge) on a tail rotor (T/R) blade. The FAA is issuing this AD 
to address failure of a T/R flapping hinge. This condition could 
result in unbalance of the T/R, detachment of the T/R gearbox and 
hub, and subsequent loss of 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 
2020-0086, dated April 14, 2020 (EASA AD 2020-0086).

(h) Exceptions to EASA AD 2020-0086

    (1) Where EASA AD 2020-0086 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0086 does not apply 
to this AD.
    (3) Although the service information referenced in EASA AD 2020-
0086 specifies to return affected parts and submit a form to the 
manufacturer, this AD does not include those requirements.
    (4) Where paragraph (9) of EASA AD 2020-0086 refers to ``any 
discrepancy,'' for the purposes of this AD, discrepancies include 
spalling, brinelling, and cracking on the inner ring, and spalling 
on the bearing needles.
    (5) Where EASA AD 2020-0086 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (6) Where paragraph (1) of EASA AD 2020-0086 refers to a 
compliance time of ``within 25 flight hours or during the next 
scheduled 50 FH inspection, whichever occurs later . . . ,'' for the 
initial replacement, this AD requires completion within 25 hours 
time-in-service after the effective date of 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 2020-0086, 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-2020-0983.
    (2) For more information about this AD, contact Daniel E. Moore, 
Aviation Safety Engineer, Regulations & Policy Section, Rotorcraft 
Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone 817-222-5110; email [email protected].

    Issued on October 29, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-24394 Filed 11-3-20; 8:45 am]
BILLING CODE 4910-13-P