[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Proposed Rules]
[Pages 15431-15433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05883]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / 
Proposed Rules  

[[Page 15431]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0188; Project Identifier MCAI-2020-00642-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Helicopters Model SA-365N, SA-365N1, AS-365N2, and 
AS 365 N3 helicopters. This proposed AD was prompted by a report that 
damage (scorch marks) was found on an internal life raft installation 
that contained a half rescue kit. This proposed AD would require 
identifying the part number and serial number of each half rescue kit 
located in the internal life raft installation and, depending on the 
findings, inspecting the life raft for damage, inspecting the condition 
of the flashlight battery, testing the flashlight battery, and 
replacing the life raft or flashlight battery (including the leak test) 
as applicable, as specified in a European Aviation Safety Agency (now 
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 May 7, 
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 will be incorporated by reference (IBR) in this 
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 0000; 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-2021-
0188.

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-
0188; 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, Program Manager, 
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-2021-0188; Project Identifier 
MCAI-2020-00642-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, Program Manager, 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 which 
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 2016-0028, dated February 15, 2016 (EASA AD 2016-0028) (also 
referred to as the Mandatory Continuing Airworthiness Information, or 
the MCAI), to correct an unsafe condition for certain Airbus 
Helicopters Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 
helicopters.

[[Page 15432]]

    This proposed AD was prompted by a report that damage (scorch 
marks) was found on an internal life raft installation that contained a 
half rescue kit. Investigation revealed that the damage was caused by 
an unsuitable folding process for the life raft, which led to 
compression of the flashlight battery in the half rescue kit. This 
compression caused an electrolyte leakage, followed by a short-circuit 
that damaged the internal life raft. The FAA is proposing this AD to 
address leakage of the flashlight battery in a half rescue kit, which 
could result in damage to the internal life raft, and subsequent 
failure of the internal life raft to deploy (for example after a 
ditching), which could impede or prevent safe evacuation of the 
occupants from the helicopter. See the MCAI for additional background 
information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2016-0028 describes procedures for identifying the part 
number and serial number of each half rescue kit located in the 
internal life raft installation, inspecting the life raft for damage 
(scorch marks), inspecting the condition of the flashlight battery 
(including cracks, impacts, swelling, damage, distorted case, and the 
connecting wire), testing the flashlight battery (turning on the 
flashlight), and replacing the life raft or flashlight battery 
(including the leak test). 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 2016-0028 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 2016-0028 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2016-0028 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 2016-0028 that is required for compliance with EASA AD 2016-
0028 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0188 after the FAA 
final rule is published.

Differences Between This Proposed AD and the MCAI

    Although the service information referenced in EASA AD 2016-0028 
specifies to return damaged life rafts to the manufacturer, this AD 
does not include that requirement.
    Where EASA AD 2016-0028 refers to its effective date or to January 
7, 2016 (the effective date of EASA AD 2015-0242), this AD requires 
compliance within 3 months after the effective date of this AD.
    Although the service information referenced in EASA AD 2016-0028 
specifies that trained and authorized Zodiac Aerospace personnel must 
do the inspection of the half rescue kit, this AD does not require that 
Zodiac Aerospace personnel do the inspection.

Costs of Compliance

    The FAA estimates that this proposed AD affects 30 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................          $3,000           $3,085          $92,550
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
7.5 work-hours x $85 per hour =                $77,900       $78,537.50
 $637.50..............................
------------------------------------------------------------------------


[[Page 15433]]

    According to Zodiac Aerospace, 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 (AD):

Airbus Helicopters: Docket No. FAA-2021-0188; Project Identifier 
MCAI-2020-00642-R.

(a) Comments Due Date

    The FAA must receive comments by May 7, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model SA-365N, SA-365N1, 
AS-365N2, and AS 365 N3 helicopters, certificated in any category, 
as identified in European Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD 2016-0028, dated February 15, 2016 
(EASA AD 2016-0028).

(d) Subject

    Joint Aircraft System Component (JASC) Code 2564, Life Raft.

(e) Reason

    This AD was prompted by a report that damage (scorch marks) was 
found on an internal life raft installation that contained a half 
rescue kit. Investigation revealed that the damage was caused by an 
unsuitable folding process for the life raft, which led to 
compression of the flashlight battery in the half rescue kit. The 
FAA is issuing this AD to address leakage of the flashlight battery 
in a half rescue kit, which could result in damage to the internal 
life raft, and subsequent failure of the internal life raft to 
deploy (for example after a ditching), which could impede or prevent 
safe evacuation of the occupants from 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 2016-0028.

(h) Exceptions to EASA AD 2016-0028

    (1) Where EASA AD 2016-0028 refers to its effective date or to 
January 7, 2016 (the effective date of EASA AD 2015-0242), this AD 
requires compliance within 3 months after the effective date of this 
AD.
    (2) The ``Remarks'' section of EASA AD 2016-0028 does not apply 
to this AD.
    (3) Although the service information referenced in EASA AD 2016-
0028 specifies to return certain parts, this AD does not include 
that requirement.
    (4) Although the service information referenced in EASA AD 2016-
0028 specifies that trained and authorized Zodiac Aerospace 
personnel must do the inspection of the half rescue kit, this AD 
does not require that Zodiac Aerospace personnel do the inspection.

(i) 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 (j)(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.

(j) Related Information

    (1) For EASA AD 2016-0028, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 0000; 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-2021-0188.
    (2) For more information about this AD, contact Kathleen 
Arrigotti, Program Manager, 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 March 11, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-05883 Filed 3-22-21; 8:45 am]
BILLING CODE 4910-13-P