[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Proposed Rules]
[Pages 71580-71583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24853]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1018; Project Identifier MCAI-2020-01383-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 supersede Airworthiness Directive (AD) 
2018-19-01, which applies to all Airbus Helicopters Model AS-365N2, AS 
365 N3, EC 155B, EC155B1, SA-365N1, and SA-366G1 helicopters. AD 2018-
19-01 requires repetitive inspections of the aft fuselage outer skin. 
Since the FAA issued AD 2018-19-01, it was determined that Model SA-
365N helicopters are also affected by the unsafe condition. This 
proposed AD would continue to require repetitive inspections and would 
add Model SA-365N helicopters, 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 
28, 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-2020-1018.

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-
1018; 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

[[Page 71581]]

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 send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2020-1018; Project Identifier 
MCAI-2020-01383-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 
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 that 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Discussion

    The FAA issued AD 2018-19-01, Amendment 39-19401 (83 FR 46862, 
September 17, 2018) (AD 2018-19-01), which applies to all Airbus 
Helicopters Model AS 365N2, AS 365 N3, EC 155B, EC155B1, SA-365N1, and 
SA-366G1 helicopters. AD 2018-19-01 requires repetitive inspections of 
the aft fuselage outer skin. The FAA issued AD 2018-19-01 to address 
disbonding of the aft fuselage (baggage compartment area) outer skin. 
This condition could result in loss of aft fuselage structural 
integrity and subsequent loss of control of the helicopter.

Actions Since AD 2018-19-01 Was Issued

    Since the FAA issued AD 2018-19-01, it was determined that Model 
SA-365N helicopters are also affected by the unsafe condition. In 
addition, it was determined the repetitive inspection interval can be 
extended under certain conditions.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0080, dated April 3, 2019 (EASA 
AD 2019-0080) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus Helicopters Model AS-365N2, AS 365 N3, EC 155B, EC155B1, 
SA-365N, and SA-365N1 helicopters.
    This proposed AD was prompted by the determination that Model SA-
365N helicopters are also affected by the unsafe condition. The FAA is 
proposing this AD to address disbonding of the aft fuselage outer skin. 
This condition could result in loss of aft fuselage structural 
integrity 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 2019-0080 describes procedures for repetitive inspections 
of the aft fuselage outer skin for Model AS-365N2, AS 365 N3, EC 155B, 
EC155B1, SA-365N, and SA-365N1 helicopters.
    Airbus Helicopters ASB No. SA366-05.48, Revision 1, dated March 27, 
2019, describes procedures for repetitive inspections of the aft 
fuselage outer skin for Model SA366-G1 helicopters.
    This proposed AD would also require Airbus Helicopters ASB No. 
SA366-05.48, Revision 0, dated July 21, 2017, which the Director of the 
Federal Register approved for incorporation by reference as of October 
22, 2018 (83 FR 46862, September 17, 2018).
    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.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2018-19-01, this proposed AD would retain all of the 
requirements of AD 2018-19-01. Those requirements are referenced in 
EASA AD 2019-0080, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0080 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 2019-0080 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0080 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

[[Page 71582]]

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 2019-0080 that is required for 
compliance with EASA AD 2019-0080 will be available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-1018 after the FAA final rule is published.

Differences Between This Proposed AD and the MCAI

    The applicability of EASA AD 2019-0080 does not include Airbus 
Helicopters Model SA-366G1 helicopters. Those helicopters are no longer 
listed on the EASA type certificate data sheet (TCDS); however, they 
are still listed on the U.S. TCDS and are affected by the unsafe 
condition. Therefore, the FAA has included Airbus Helicopters Model SA-
366G1 helicopters in the applicability of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 52 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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4 work-hours x $85 per hour = $340...........................              $0             $340          $17,680
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
helicopters that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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Up to 10 work-hours x $85 per hour =     Up to $20,000          $20,850
 $850.................................
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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 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) 
2018-19-01, Amendment 39-19401 (83 FR 46862, September 17, 2018), and 
adding the following new AD:

Airbus Helicopters: Docket No. FAA-2020-1018; Project Identifier 
MCAI-2020-01383-R.

(a) Comments Due Date

    The FAA must receive comments by December 28, 2020.

(b) Affected Airworthiness Directives (ADs)

    This AD removes AD 2018-19-01, Amendment 39-19401 (83 FR 46862, 
September 17, 2018) (AD 2018-19-01).

(c) Applicability

    This AD applies to Airbus Helicopters Model AS-365N2, AS 365 N3, 
EC 155B, EC155B1, SA-365N, SA-365N1, and SA-366G1 helicopters, 
certificated in any category, all serial numbers.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5300, Fuselage 
Structure.

(e) Reason

    This AD was prompted by aft fuselage (baggage compartment area) 
outer skin disbonding. The FAA is issuing this AD to address 
disbonding of the aft fuselage outer skin. This condition could 
result in loss of aft fuselage structural integrity and subsequent 
loss of control of the helicopter.

(f) Compliance

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

[[Page 71583]]

(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 
2019-0080, dated April 3, 2019 (EASA AD 2019-0080).

(h) Exceptions to EASA AD 2019-0080

    (1) Where EASA AD 2019-0080 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2019-0080 refers to September 19, 2017 (the 
effective date of EASA AD 2017-0165), this AD requires using October 
22, 2018 (the effective date of AD 2018-19-01).
    (3) For Airbus Helicopters Model SA-366G1 helicopters: Where 
EASA AD 2019-0080 refers to ``the instructions of the applicable 
ASB,'' use Airbus Helicopters ASB No. SA366-05.48, Revision 0, dated 
July 21, 2017; or Airbus Helicopters ASB No. SA366-05.48, Revision 
1, dated March 27, 2019.
    (4) Where EASA AD 2019-0080 refers to Group 1 helicopters, for 
this AD, Model SA-366G1 helicopters are considered Group 1 
helicopters.
    (5) Paragraph (5) of EASA AD 2019-0080 specifies to ``contact AH 
[Airbus Helicopters] for approved skin panel repair or replacement 
instructions and accomplish those instructions accordingly.'' For 
this AD, for any repair or replacement of the panel done before the 
effective date of this AD, it is not required to contact Airbus 
Helicopters. For any repair or replacement of the panel done on or 
after the effective date of this AD, the repair or replacement must 
be done using a method approved by the Manager, Rotorcraft Standards 
Branch, FAA. For a repair or replacement method to be approved by 
the Manager, Rotorcraft Standards Branch, FAA, as required by this 
paragraph, the Manager's approval letter must specifically refer to 
this AD.
    (6) The ``Remarks'' section of EASA AD 2019-0080 does not apply 
to this AD.
    (7) Where EASA AD 2019-0080 refers to flight hours (FH), this AD 
requires using hours time-in-service.

(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 2019-0080, 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-2020-1018.
    (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 November 4, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.

[FR Doc. 2020-24853 Filed 11-9-20; 8:45 am]
BILLING CODE 4910-13-P