[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Proposed Rules]
[Pages 82977-82980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28026]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1136; Project Identifier MCAI-2020-01301-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 AS332L, AS332L1, AS332C, and AS332C1 
helicopters. This proposed AD was prompted by the failure of a second 
stage planet gear installed in the main gearbox (MGB). This proposed AD 
would require identifying the part number of each second stage planet 
gear assembly installed in the MGB, replacing an MGB having certain 
second stage planet gear assembly part numbers with a serviceable MGB, 
modifying the helicopter by installing a full flow magnetic plug 
(FFMP), repetitively inspecting the FFMP and the MGB bottom housing and 
conical housing for metal particles, analyzing any metal particles that 
are found, and applying corrective actions if necessary, as specified 
in a European Union Aviation Safety Agency (EASA) AD, which is proposed 
for incorporation 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 February 4, 
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.

[[Page 82978]]

     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be 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-
1136.

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-
1136; 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: Mahmood Shah, Aviation Safety 
Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone 817-222-5538; 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-2020-1136; Project Identifier 
MCAI-2020-01301-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 
http://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 
Mahmood Shah, Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5538; 
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 2020-0022R1, dated September 18, 
2020 (EASA AD 2020-0022R1) (also referred to as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for all Airbus Helicopters Model AS332L, AS332L1, 
AS332C, and AS332C1 helicopters. This proposed AD was prompted by the 
failure of a second stage planet gear installed in the MGB of an Airbus 
Helicopters Model EC225LP helicopter. Airbus Helicopters Model AS332L, 
AS332L1, AS332C, and AS332C1 helicopters have a similar design to the 
affected Model EC225LP helicopter, therefore, these models may be 
subject to the unsafe condition revealed on the Model EC225LP 
helicopter. The FAA is proposing this AD to address failure of a second 
stage planet gear installed in the MGB, which could result in failure 
of the MGB 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 2020-0022R1 describes procedures for identifying the part 
number of each second stage planet gear assembly installed in the MGB, 
replacing a MGB having certain second stage plane gear assembly part 
numbers with a serviceable MGB, modifying the helicopter by installing 
an FFMP, repetitively inspecting the FFMP and the MGB bottom housing 
and conical housing for metal particles, analyzing any metal particles 
that are found, and applicable corrective actions. The corrective 
actions include replacing an affected MGB with a serviceable MGB.
    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 2020-0022R1, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD.

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-
0022R1 will be incorporated by reference in the FAA final rule. This 
proposed AD would, therefore, require compliance with EASA AD 2020-
0022R1 in its entirety, through that incorporation, except for any 
differences

[[Page 82979]]

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 2020-0022R1 that is required for compliance with EASA AD 
2020-0022R1 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1136 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 11 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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8.50 work-hours x $85 per hour = $722.50.....................         $17,625       $18,347.50      $201,822.50
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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
------------------------------------------------------------------------
                                                             Cost per
           Labor cost                  Parts cost            product
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40.50 work-hour x $85 per hour   $275,000 (overhauled       $278,442.50
 = $3,442.50.                     part).
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    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators. The FAA does not control warranty 
coverage for affected operators. As a result, the FAA has included all 
known costs in the cost estimate.

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:

Airbus Helicopters: Docket No. FAA-2020-1136; Project Identifier 
MCAI-2020-01301-R.

(a) Comments Due Date

    The FAA must receive comments by February 4, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

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

(d) Subject

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

(e) Reason

    This AD was prompted by the failure of a second stage planet 
gear installed in the main gearbox (MGB). The FAA is issuing this AD 
to address failure of an MGB second stage planet gear, which could 
result in failure of the MGB 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

[[Page 82980]]

accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0022R1, dated September 18, 2020 (EASA AD 2020-0022R1).

(h) Exceptions to EASA AD 2020-0022R1

    (1) Where EASA AD 2020-0022R1 refers to March 30, 2018 (the 
effective date of EASA AD 2018-0066, dated March 23, 2018) or 
February 21, 2020 (the effective date of EASA AD 2020-0022, dated 
February 21, 2020), this AD requires using the effective date of 
this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0022R1 does not 
apply to this AD.
    (3) Where EASA AD 2020-0022R1 refers to flight hours (FH), this 
AD requires using hours time-in-service.
    (4) Where the service information referred to in paragraphs (5) 
and (6) of EASA AD 2020-0022R1 specifies to perform a metallurgical 
analysis and contact the manufacturer if unsure about the 
characterization of the particles collected, this AD does not 
require contacting the manufacturer to determine the 
characterization of the particles collected.
    (5) Although the service information referred to in paragraph 
(6) of EASA AD 2020-0022R1 specifies that if any 16NCD13 particles 
are found send a 1-liter sample of oil to the manufacturer, this AD 
does not require that action.
    (6) Although the service information referenced in EASA AD 2020-
0022R1 specifies to discard certain parts, this AD does not include 
that requirement.
    (7) Although the service information referenced in EASA AD 2020-
0022R1 specifies returning certain parts to the manufacturer, this 
AD does not require that action.
    (8) Although the service information referenced in EASA AD 2020-
0022R1 specifies to contact the manufacturer if certain specified 
criteria are exceeded, this AD does not include that requirement.
    (9) Although the service information referenced in EASA AD 2020-
0022R1 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.
    (10) Although the service information referenced in EASA AD 
2020-0022R1 specifies to watch a video for removing the grease from 
the FFMP, using a cleaning agent, and collecting particles, this AD 
does not include that requirement.
    (11) Where EASA AD 2020-0022R1 requires actions after the last 
flight of the day or ``ALF,'' this AD requires those actions before 
the first flight of the day.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
helicopter can be modified (if the operator elects to do so), 
provided no passengers are onboard.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Strategic Policy Rotorcraft Section, 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 manager of the Strategic Policy Rotorcraft Section, 
send it to: Manager, Strategic Policy Rotorcraft Section, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email 
[email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Related Information

    (1) For EASA AD 2020-0022R1, 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-2020-1136.
    (2) For more information about this AD, contact Mahmood Shah, 
Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone 817 222 5538; email 
[email protected].

    Issued on December 15, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-28026 Filed 12-18-20; 8:45 am]
BILLING CODE 4910-13-P