[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Proposed Rules]
[Pages 74931-74934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25738]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1033; Project Identifier MCAI-2020-01393-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) 
2017-17-01, which applies to certain Airbus Helicopters Model AS332L2 
and EC225LP helicopters. AD 2017-17-01 requires repetitive inspections 
of the main rotor blade (MRB) attachment pins. Since issuing AD 2017-
17-01, the FAA has determined that it is necessary to measure the 
attachment pin chamfer after corrosion removal, that replacement of an 
attachment pin after four corrosion removals is no longer necessary, 
and that all Airbus Helicopters Model AS332L2 and EC225LP helicopters 
are affected by the unsafe condition. This proposed AD would continue 
to require the repetitive inspections of the MRB attachment pins, and 
would include a new requirement to repetitively measure the attachment 
pin chamfer at certain intervals after corrosion removal, as specified 
in a European Aviation Safety Agency (EASA) AD, which will be 
incorporated by reference. This proposed AD would also continue to 
require replacing the attachment pin if there is corrosion pitting. 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 January 8, 
2021.

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-2020-1033.

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-
1033; 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: Katherine Venegas, Aviation Safety 
Engineer, Cabin Safety, Mechanical and Environmental Systems Section, 
Los Angeles ACO Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 
90712-4137; phone: 562-627-5353; email: [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 74932]]

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 
2020-1033; Project Identifier MCAI-2020-01393-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 
Katherine Venegas, Aviation Safety Engineer, Cabin Safety, Mechanical 
and Environmental Systems Section, Los Angeles ACO Branch, FAA, 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5353; 
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 2017-17-01, Amendment 39-18991 (82 FR 39506, 
August 21, 2017) (AD 2017-17-01), which applies to certain Airbus 
Helicopters Model AS332L2 and EC225LP helicopters. AD 2017-17-01 
requires repetitive inspections of the MRB attachment pins and 
corrective actions, if necessary. The FAA issued AD 2017-17-01 to 
address cracked attachment pins which could result in loss of a MRB and 
subsequent loss of control of the helicopter.

Actions Since AD 2017-17-01 Was Issued

    Since the FAA issued AD 2017-17-01, the FAA has determined that it 
is necessary to measure the attachment pin chamfer after corrosion 
removal, that replacement of an attachment pin after four corrosion 
removals is no longer necessary, and that all Airbus Helicopters Model 
AS332L2 and EC225LP helicopters are affected by the unsafe condition.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0172, dated August 7, 2018 
(EASA AD 2018-0172) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus Helicopters Model AS332L2 and EC225LP helicopters. EASA 
AD 2018-0172 superseded EASA AD 2015-0016, dated January 30, 2015 
(which corresponds to FAA AD 2017-17-01).
    This proposed AD was prompted by a report of three cracked MRB 
attachment pins and a determination that additional actions are 
necessary since the FAA issued AD 2017-17-01. The FAA is proposing this 
AD to address cracked attachment pins which could result in loss of an 
MRB 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 2018-0172 describes procedures for repetitive inspections 
for corrosion and cracking of the attachment pins and corrective 
actions if necessary, and repetitive conditional measurement of the 
thickness of the chamfer of the attachment pins at certain intervals 
after corrosion removal. Corrective actions include corrosion removal 
and replacement of the attachment pins. 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 2017-17-01, this proposed AD would retain certain 
requirements of AD 2017-17-01. Those requirements are referenced in 
EASA AD 2018-0172, which, in turn, is referenced in paragraphs (g), 
(h)(4), and (h)(5) of this proposed AD.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2018-0172 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 2018-0172 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2018-0172 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

[[Page 74933]]

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 2018-0172 that is required for 
compliance with EASA AD 2018-0172 will be available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-1033 after the FAA final rule is published.

Differences Between This Proposed AD and the MCAI

    EASA AD 2018-0172 requires an inspection of the affected part in 
accordance with the applicable service information. The service 
information for Model AS332L helicopters and the service information 
for Model EC225LP helicopters both describe procedures for an 
inspection for corrosion and cracking of the attachment pins. However, 
the service information for Model AS332L helicopters also describes an 
inspection of the protective coating of each attachment pin for 
scratches and missing protective coating and sanding if necessary; the 
service information for Model EC225LP helicopters does not describe 
those actions.
    Although EASA AD 2018-0172 requires corrective actions if there is 
corrosion or cracking of the attachment pins, EASA AD 2018-0172 does 
not require any corrective actions if there is any scratch or any 
missing protective coating.
    This proposed AD would require inspecting the protective coating of 
each attachment pin for scratches and missing protective coating, and 
sanding if there is any scratch or any missing protective coating, for 
all affected helicopters.
    EASA AD 2018-0172 requires removing corrosion but does not provide 
a corrective action if there are corrosion pits. This proposed AD would 
require replacing an attachment pin that has any corrosion pitting.
    The service information referenced in EASA AD 2018-0172 specifies 
to do a non-destructive inspection if in doubt about whether there is a 
crack; that action is not required by this proposed AD.
    The service information referenced in EASA AD 2018-0172 specifies 
contacting Airbus Helicopters if any attachment pin with a crack is 
found and returning that part to Airbus Helicopters; those actions are 
not required by this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 28 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 on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
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Retained actions from AD           1 work-hour x $85                $0  $85 per inspection   $2,380 per
 2017[dash]17[dash]01.              per hour = $85 per                   cycle.               inspection cycle.
                                    inspection cycle.
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    The FAA estimates the following costs to do any necessary on-
condition measurements (new proposed action), corrosion removal, and 
replacements that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition measurements, corrosion 
removal, and replacements:

                 Estimated Costs of On-Condition Actions
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           Labor cost                 Parts cost       Cost per product
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Up to 11 work-hours x $85 per     Up to $5,720......  Up to $6,655.
 hour = Up to $935.
------------------------------------------------------------------------

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.

[[Page 74934]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2017-17-01, Amendment 39-18991 (82 FR 39506, August 21, 2017), and 
adding the following new AD:

Airbus Helicopters: Docket No. FAA-2020-1033; Project Identifier 
MCAI-2020-01393-R.

(a) Comments Due Date

    The FAA must receive comments by January 8, 2021.

(b) Affected Airworthiness Directives (ADs)

    This AD removes AD 2017-17-01, Amendment 39-18991 (82 FR 39506, 
August 21, 2017) (AD 2017-17-01).

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS332L2 and 
EC225LP helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Codes 6200, Main Rotor 
System.

(e) Reason

    This AD was prompted by a report of three cracked main rotor 
blade (MRB) attachment pins. The FAA is issuing this AD to address 
cracked MRB attachment pins which could result in loss of an MRB 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 Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD 2018-0172, dated August 7, 2018 
(EASA AD 2018-0172).

(h) Exceptions to EASA AD 2018-0172

    (1) Where EASA AD 2018-0172 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2018-0172 refers to February 13, 2015 (the 
effective date of EASA AD 2015-0016, dated January 30, 2015), this 
AD requires using September 25, 2017 (the effective date of AD 2017-
17-01).
    (3) The ``Remarks'' section of EASA AD 2018-0172 does not apply 
to this AD.
    (4) Where paragraph (1) of EASA AD 2018-0172 specifies to 
inspect each affected part, for this AD, prior to the inspection for 
corrosion, inspect the protective coating on the inside of the 
attachment pin for scratches and missing protective coating. If 
there is any scratch or any missing protective coating, prior to the 
inspection for corrosion, sand the attachment pin to remove the 
varnish in the area depicted as ``Area A'' in Figure 1 of the 
``applicable ASB'' as defined in EASA AD 2018-0172.
    (5) Where paragraph (3) of EASA AD 2018-0172 requires removing 
corrosion, for this AD, if there is any corrosion pitting, before 
further flight, replace the affected attachment pin. Do not sand the 
attachment pin to remove a corrosion pit.
    (6) Although the service information referenced in EASA AD 2018-
0172 specifies to do a non-destructive inspection if in doubt about 
whether there is a crack, that action is not required by this AD.
    (7) Although the service information referenced in EASA AD 2018-
0172 specifies contacting Airbus Helicopters if any attachment pin 
with a crack is found and returning that part to Airbus Helicopters, 
those actions are not required by this AD.
    (8) Although the service information referenced in EASA AD 2018-
0172 specifies discarding certain parts, that action is not required 
by this AD.
    (9) Where EASA AD 2018-0172 refers to flight hours (FH), this AD 
requires using hours time-in-service.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed.

(j) 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; phone: 817-
222-5110; email: [email protected].

(k) Related Information

    (1) For EASA AD 2018-0172, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +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-2020-1033.
    (2) For more information about this AD, contact Katherine 
Venegas, Aviation Safety Engineer, Cabin Safety, Mechanical and 
Environmental Systems Section, Los Angeles ACO Branch, FAA, 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5353; 
email: [email protected].

    Issued on November 17, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-25738 Filed 11-23-20; 8:45 am]
BILLING CODE 4910-13-P