[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Proposed Rules]
[Pages 14290-14293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05252]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0145; Project Identifier MCAI-2020-01212-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 EC130B4 and EC130T2 helicopters. This 
proposed AD was prompted by a report of cracks and geometrical non-
conformities of the tail rotor blades (TRBs); all cracks initiated in 
the drain hole area at the blade root section. This proposed AD would 
require cleaning affected parts, visual and dye penetrant inspections 
for cracks of affected parts, a dimensional inspection to verify 
conformity of affected parts, and 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 April 29, 
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 incorporation by reference (IBR) 
in this AD, 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 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-2021-0145.

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-
0145; 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: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, FAA, 950 L'Enfant Plaza SW, Washington, DC 
20024; phone: 202-267-9167; 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-2021-0145; Project Identifier 
MCAI-2020-01212-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

[[Page 14291]]

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 Hal Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 
950 L'Enfant Plaza SW, Washington, DC 20024; phone: 202-267-9167; 
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 2020-0187, dated August 21, 2020 
(EASA AD 2020-0187) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus Helicopters Model EC130B4 and EC130T2 helicopters.
    This proposed AD was prompted by a report of cracks and geometrical 
non-conformities of the TRBs on an EC130B4 helicopter; all cracks 
initiated in the drain hole area at the blade root section. The same 
TRBs can be installed on EC130T2 helicopters. The FAA is proposing this 
AD to address geometrical non-conformities of the TRBs, which could 
lead to crack initiation and consequent blade failure, and possible 
loss of control of the helicopter. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0187 describes procedures for cleaning affected parts, 
visual and dye penetrant inspections for cracks of affected parts (the 
cleaning and visual and dye penetrant inspections are one-time or 
repetitive, depending on the accumulated hours time in service on the 
TRB), a one-time dimensional inspection to verify conformity of 
affected parts, and corrective actions if necessary. Corrective actions 
include replacement of the affected part with a serviceable part, and 
additional repetitive cleaning and inspections until replacement of the 
affected part 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 2020-0187, 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 2020-0187 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0187 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 2020-0187 that is required for compliance with EASA AD 2020-
0187 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0145 after the FAA 
final rule is published.

Interim Action

    The FAA considers this proposed AD interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD affects 264 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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7 work-hours x $85 per hour = $595...........................              $0             $595         $157,080
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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:

[[Page 14292]]



                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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4 work-hours x $85 per hour = $340....          $4,641           $4,981
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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 adding the following new airworthiness 
directive:

Airbus Helicopters: Docket No. FAA-2021-0145; Project Identifier 
MCAI-2020-01212-R.

(a) Comments Due Date

    The FAA must receive comments by April 29, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model EC130B4 and 
EC130T2 helicopters, certificated in any category, with a tail rotor 
blade (TRB), obtained by forging, part number 350A33-3002-02, 
350A33-3002-03, 350A33-3002-04, or 350A33-3002-05 installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6410, Tail rotor 
blades.

(e) Reason

    This AD was prompted by a report of cracks and geometrical non-
conformities of the TRBs; all cracks initiated in the drain hole 
area at the blade root section. The FAA is issuing this AD to 
address geometrical non-conformities of the TRBs, which could lead 
to crack initiation and consequent blade failure, and possible 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 
2020-0187, dated August 21, 2020 (EASA AD 2020-0187).

(h) Exceptions to EASA AD 2020-0187

    (1) Where EASA AD 2020-0187 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0187 does not apply 
to this AD.
    (3) Although the service information referenced in EASA AD 2020-
0187 specifies to discard certain parts, this AD does not include 
that requirement.
    (4) Although the service information referenced in EASA AD 2020-
0187 specifies to return certain parts, this AD does not include 
that requirement.
    (5) Where EASA AD 2020-0187 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (6) Where the service information referenced in EASA AD 2020-
0187 specifies to ``contact customer support,'' this AD does not 
include that requirement.
    (7) Where the service information referenced in EASA AD 2020-
0187 specifies to measure using the Smartphone application, the 
PowerPoint method, or ``Contacting customer support with a specific 
procedure,'' those methods of measurement are not required by this 
AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0187 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 that the helicopter is operated under visual flight rules.

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

(l) Related Information

    (1) For EASA AD 2020-0187, 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.

[[Page 14293]]

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-2021-0145.
    (2) For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, FAA, 950 L'Enfant 
Plaza SW, Washington, DC 20024; phone: 202-267-9167; email: 
[email protected].

    Issued on March 9, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-05252 Filed 3-12-21; 8:45 am]
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