[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Proposed Rules]
[Pages 14023-14026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05148]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0143; Product Identifier 2019-SW-024-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
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 certain Airbus Helicopters Deutschland GmbH Model BO-105A, BO-105C, 
BO-105S, and BO-105LS A-3 helicopters. This proposed AD was prompted by 
the FAA's determination that aging of the elastomeric material in a 
tension torsion strap (TT-strap) could affect the structural 
characteristics of the TT-strap. This proposed AD would require 
replacement of certain TT-straps with serviceable parts and 
implementation of a new storage life limit for TT-straps, as specified 
in a European Aviation Safety Agency (now European Union Aviation 
Safety Agency) (EASA) AD, which is proposed for incorporation by 
reference (IBR). 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 April 26, 
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 that is proposed for 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 material 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. It is also available in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0143.

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-2021-
0143; 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: Blaine Williams, Aviation Safety 
Engineer, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, 
CA 90712-4137; telephone 562-627-5371; 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-2021-0143; Product Identifier 
2019-SW-024-AD'' 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 
Blaine Williams, Aviation Safety Engineer, Los Angeles ACO Branch, 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; telephone 562-627-5371; 
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 (now European Union Aviation Safety Agency), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2019-0024, dated February 4, 2019 (EASA AD 2019-0024) (also 
referred to as the Mandatory Continuing Airworthiness Information, or 
the MCAI), to correct an unsafe condition for certain Airbus 
Helicopters Deutschland GmbH Model BO-105A, BO-105C, BO-105D, BO-105S, 
and BO-105LS A-3 helicopters. Model BO-105D helicopters are not 
certificated by the FAA and are not included on the U.S. type 
certificate data sheet; this proposed AD therefore does not include 
those helicopters in the applicability.
    This proposed AD was prompted by the FAA's determination that aging 
of the elastomeric material in a TT-strap could affect the structural 
characteristics of the TT-strap. The FAA is proposing this AD to 
address aging of the elastomeric material in a TT-strap, which could 
lead to premature failure of a TT-strap, resulting in loss of control 
of the helicopter. See the MCAI for additional background information.

[[Page 14024]]

Relationship Between This Proposed AD and AD 2016-25-14

    This proposed AD would not supersede AD 2016-25-14, Amendment 39-
18740 (81 FR 94944, December 27, 2016) (AD 2016-25-14). This proposed 
AD would require replacement of certain TT-straps with serviceable 
parts. Accomplishment of the proposed replacement would then terminate 
all of the requirements of AD 2016-25-14 for Model BO-105LS A-3 
helicopters only.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0024 describes procedures for replacing certain TT-
straps with serviceable parts and requires a storage life limit for TT-
straps.
    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 after evaluating all the 
relevant information and determining 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 2019-0024, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed 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 2019-0024 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0024 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 2019-0024 that is required for compliance with EASA AD 2019-
0024 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0143 after the FAA 
final rule is published.

Differences Between This Proposed AD and the MCAI

    Although EASA AD 2019-0024 does not specify a life limit for the 
Lord TT-Straps part number (P/N) J17322-1 and P/N 117-14111, this 
proposed AD does specify a life limit for those parts.
    Where EASA AD 2019-0024 specifies that installation of a Lord TT-
Strap is allowed provided the first flight of that helicopter after 
that installation is accomplished before the storage life of that Lord 
TT-Strap exceeds 5 years, for this proposed AD, the installation of a 
Lord TT-Strap is allowed provided the first flight of that helicopter 
after that installation is accomplished before 5 years since the TT-
strap's date of manufacture.
    Where EASA AD 2019-0024 defines ``serviceable part'' as a Lord TT-
Strap having a storage life not exceeding 5 years, for this proposed 
AD, a serviceable part is Lord TT-straps P/N J17322-1 and P/N 117-14111 
having less than 5 years since that TT-strap's date of manufacture.
    Where EASA AD 2019-0024 specifies that the ``cure date'' of a TT-
Strap can be determined using the information provided in the 
applicable service information specified in EASA AD 2019-0024, or 
contacting Airbus Helicopters for applicable instructions, for this 
proposed AD, the option of contacting Airbus Helicopters is not 
required.

Costs of Compliance

    The FAA estimates that this proposed AD affects 61 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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              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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4 work-hours x $85 per hour = $340...  Up to $4,800...........  Up to $5,140...........  Up to $313,540.
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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.

[[Page 14025]]

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 Deutschland GmbH: Docket No. FAA-2021-0143; 
Product Identifier 2019-SW-024-AD.

(a) Comments Due Date

    The FAA must receive comments by April 26, 2021.

(b) Affected Airworthiness Directives (ADs)

    This AD affects AD 2016-25-14, Amendment 39-18740 (81 FR 94944, 
December 27, 2016) (AD 2016-25-14).

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model BO-
105A, BO-105C, BO-105S, and BO-105LS A-3 helicopters, certificated 
in any category, equipped with a tension torsion strap (TT-strap) as 
identified in European Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD 2019-0024, dated February 4, 2019 
(EASA AD 2019-0024).

(d) Subject

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

(e) Reason

    This AD was prompted by the FAA's determination that aging of 
the elastomeric material in a TT-strap could affect the structural 
characteristics of the TT-strap. The FAA is issuing this AD to 
address aging of the elastomeric material in a TT-strap, which could 
lead to premature failure of a TT-strap, resulting in 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, EASA AD 2019-0024.

(h) Exceptions to EASA AD 2019-0024

    (1) Where EASA AD 2019-0024 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0024 does not apply 
to this AD.
    (3) Where EASA AD 2019-0024 and the service information 
referenced in EASA AD 2019-0024 specify contacting Airbus 
Helicopters Deutschland if the storage time for a TT-strap is equal 
to or greater than 5 years, this AD requires repair using a method 
approved by the Manager, International Validation Branch, FAA. For a 
repair method to be approved by the Manager, International 
Validation Branch, as required by this paragraph, the Manager's 
approval letter must specifically refer to this AD.
    (4) Although the service information referenced in EASA AD 2019-
0024 specifies to scrap certain parts, this AD requires removing 
those parts from service instead.
    (5) Where paragraph (1) of EASA AD 2019-0024 specifies to 
replace each Lord TT-Strap and Bendix TT-Strap ``in accordance with 
the instructions of the applicable ASB,'' the replacement must be 
done using FAA-approved procedures.
    (6) Where EASA AD 2019-0024 refers to the airworthiness 
limitations items of the airworthiness limitations section of the 
aircraft maintenance manual (AMM) for the definition of service life 
limit (SLL), this AD requires using the life limits specified in 
paragraphs (h)(6)(i) through (iii) of this AD, as applicable:
    (i) For Bendix TT-Strap part number (P/N) 2604067 and P/N 117-
14110: Before 10 years or 40,000 flight cycles on the part, 
whichever occurs first.
    (ii) For Bendix TT-Strap P/N 2602559 and P/N 2606576: Before 10 
years, 2,400 hours time-in-service, or 40,000 flight cycles on the 
part, whichever occurs first.
    (iii) For Lord TT-Strap P/N J17322-1 and P/N 117-14111: Before 
12 years or 40,000 flight cycles on the part, whichever occurs 
first.
    (7) Where paragraph (3) of EASA AD 2019-0024 specifies that 
installation of a Lord TT-Strap is allowed provided the first flight 
of that helicopter after that installation is accomplished before 
the storage life of that Lord TT-Strap exceeds 5 years, for this AD, 
the installation of a Lord TT-Strap is allowed provided the first 
flight of that helicopter after that installation is accomplished 
before 5 years since the TT-strap's date of manufacture.
    (8) Where EASA AD 2019-0024 defines ``serviceable part'' as a 
Lord TT-Strap having a storage life not exceeding 5 years, for this 
AD, a serviceable part is Lord TT-straps P/N J17322-1 and P/N 117-
14111 having less than 5 years since that TT-strap's date of 
manufacture.
    (9) Where EASA AD 2019-0024 specifies that the ``cure date'' of 
a TT-Strap can be determined using the information provided in the 
applicable service information specified in EASA AD 2019-0024, or 
contacting Airbus Helicopters for applicable instructions, for this 
AD, the option of contacting Airbus Helicopters is not required.

(i) Repetitive Replacement

    After accomplishing the replacement specified in paragraph (1) 
of EASA AD 2019-0024, thereafter, replace the Lord TT-straps P/N 
J17322-1 and P/N 117-14111, at intervals not to exceed: Before 12 
years or 40,000 flight cycles on the part, whichever occurs first.

(j) Terminating Action for AD 2016-25-14

    For Model B0-105LS A-3 helicopters: After accomplishing the 
replacement specified in paragraph (1) of EASA AD 2019-0024 all of 
the actions required by AD 2016-15-14 are terminated for that 
helicopter only.

(k) Special Flight Permit

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

(l) Alternative Methods of Compliance (AMOCs):

    The Manager, International Validation Branch, 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 International Validation Branch, send 
it to the attention of the person identified in paragraph (m)(2) of 
this AD. Information may be emailed to: [email protected].

(m) Related Information

    (1) For EASA AD 2019-0024, 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-2021-0143.

[[Page 14026]]

    (2) For more information about this AD, contact Blaine Williams, 
Aviation Safety Engineer, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712 4137; telephone 562-627-5371; email 
[email protected].

    Issued on March 8, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-05148 Filed 3-11-21; 8:45 am]
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