[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Proposed Rules]
[Pages 21231-21233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08183]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0195; Project Identifier MCAI-2020-00262-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 supersede Airworthiness Directive (AD) 
2014-11-02 for Airbus Helicopters Model SA-365N, SA-365N1, AS-365N2, 
and AS 365 N3 helicopters. AD 2014-11-02 requires repetitively 
inspecting frame number (No.) 9 for a crack. Since the FAA issued AD 
2014-11-02, Airbus Helicopters developed a modification that would 
provide an optional terminating action for the repetitive inspections 
required by AD 2014-11-02. This proposed AD would retain the 
requirements of AD 2014-11-02, provide an optional terminating action 
for the repetitive inspections, and reduce the applicability by 
excluding certain post-modified helicopters. The actions of this 
proposed AD are intended to address an unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by June 7, 
2021.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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-
0195; 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 proposed AD, the European Union Aviation Safety Agency (EASA) AD, 
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 service information identified in this proposed rule, contact 
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; 
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at 
https://www.airbus.com/helicopters/services/technical-support.html. You 
may view this referenced service information at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, 
Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, AD Program Manager, 
General Aviation & Rotorcraft Unit, Airworthiness Products Section, 
Operational Safety Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5110; 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-2021-0195; Project Identifier 
MCAI-2020-00262-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 NPRM.

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 Matt 
Fuller, AD Program Manager, General Aviation & Rotorcraft Unit, 
Airworthiness Products Section, Operational Safety Branch, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 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 FAA issued AD 2014-11-02, Amendment 39-17852 (79 FR 33050, June 
10, 2014) (AD 2014-11-02), for Airbus Helicopters (previously 
Eurocopter France) Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 
helicopters. AD 2014-11-02 requires, for helicopters that have a No. 9 
frame that has had any repair or alteration made, within 10 hours time-
in-service (TIS) and thereafter at intervals not to exceed 110 hours 
TIS, inspections of the left-hand (LH) and right-hand (RH) frame No. 9 
for a crack in certain areas using a 10X or higher power magnifying 
glass. For all other helicopters, the inspection is required within 110 
hours TIS and thereafter in intervals not to exceed 110 hours TIS. If 
there is a crack, AD 2014-11-02 requires repairing the frame before 
further flight.
    AD 2014-11-02 was prompted by EASA AD 2012-0108-E, dated June 15, 
2012 (EASA AD 2012-0108-E), issued by EASA, which is the Technical 
Agent for the Member States of the European Union. EASA advises that a 
crack was discovered during the ``T'' inspection of an AS365 
helicopter. The crack started

[[Page 21232]]

at a rivet hole of a doubler that was installed on the frame No. 9 in 
accordance with Eurocopter Alert Service Bulletin No. 53.00.42, dated 
January 31, 2001. EASA further states that structural alteration of 
frame No. 9 by modifications or repairs can result in fatigue crack 
initiation under normal operational loads. According to EASA, this 
condition, if not corrected, could lead to crack propagation and 
failure of frame No. 9, which would adversely affect the structural 
integrity of the helicopter. For these reasons, EASA AD 2012-0108-E 
requires repetitive inspections of frame No. 9 for a crack in the area 
of the doubler or any repair performed in the area of the latch support 
and stretcher support.

Actions Since AD 2014-11-02 Was Issued

    Since the FAA issued AD 2014-11-02, Airbus Helicopters introduced 
an optional modification (MOD) that would provide terminating action 
for the repetitive inspections. Consequently, EASA issued AD 2012-
0108R1, dated September 19, 2019 (EASA AD 2012-0108R1), to supersede 
EASA AD 2012-0108-E. EASA AD 2012-0108R1 retains the requirements in 
EASA AD 2012-0108-E and introduces the installation of an optional MOD 
that calls for replacing the upper section of frame No. 9 with a 
reinforced frame.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA of the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that an 
unsafe condition is likely to exist or develop on other helicopters of 
these same type designs.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2012-0108R1 requires contacting Airbus Helicopters for 
repair instructions if there is a crack, and the proposed AD does not. 
EASA AD 2012-0108R1 applies to Airbus Helicopters Model 365-series 
helicopters with a frame No. 9 on which certain doublers or repairs 
have been accomplished, whereas this proposed AD would apply to those 
model helicopters regardless of if those doublers or repairs have been 
accomplished.

Related Service Information Under 1 CFR Part 51

    Airbus Helicopters has co-published as one document Emergency Alert 
Service Bulletin (EASB) No. 05.00.63, Revision 2, dated December 20, 
2018 (EASB 05.00.63 Rev 2), for Model AS365-series helicopters and EASB 
No. 05.00.30, Revision 2, dated December 20, 2018 (EASB 05.00.30 Rev 
2), for non-FAA type certificated Model AS565-series helicopters. EASB 
05.00.63 Rev 2 would be incorporated by reference in this proposed AD; 
EASB 05.00.30 Rev 2 would not.
    EASB 05.00.63 Rev 2 applies to helicopters with a frame No. 9 that 
has not been modified by MOD 07 53C17, 07 53D21, 07 53D22, or 07 53D02, 
and that has had doublers installed or repairs performed in accordance 
with certain service instructions. EASB 05.00.63 Rev 2 describes 
procedures for inspecting the frame No. 9 for a crack and specifies 
contacting Airbus Helicopters for further procedures if there is a 
crack.
    This service information 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.

Other Related Service Information

    Airbus Helicopter has also issued Service Bulletin No. AS365-
53.00.57, Revision 0, dated December 20, 2018 (SB AS365-53.00.57), for 
Model AS365-series helicopters. SB AS365-53.00.57 specifies replacing 
the upper section of the No. 9 frame with a reinforced version as an 
option to terminate the visual inspections specified in EASB 05.00.63 
Rev 2.
    The FAA also reviewed Eurocopter EASB No. 05.00.63, Revision 1, 
dated June 18, 2012 (EASB 05.00.63 Rev 1). EASB 05.00.63 Rev 1 
specifies the same procedures as EASB 05.00.63 Rev 2; however, EASB 
05.00.63 Rev 2 excludes helicopters with certain MODs installed from 
its effectivity.

Proposed AD Requirements

    This proposed AD would continue to require, for helicopters that 
have a No. 9 frame that has had any repair or alteration made, within 
10 hours TIS after the effective date of this AD and every 110 hours 
TIS thereafter, inspecting the LH and RH frame No. 9 for a crack in the 
areas of the latch support and stretcher support with a 10X or higher 
power magnifying glass. For all other helicopters, this proposed AD 
would require this inspection within 110 hours TIS after the effective 
date of this AD and thereafter at intervals not to exceed 110 hours 
TIS. If there is a crack, the proposed AD would also continue to 
require, before further flight, repairing the crack. This proposed AD 
would also provide an optional terminating action for the repetitive 
inspections that would consists of installing Eurocopter MOD 53C17 or 
MOD 53D02, or Airbus Helicopters MOD 07 53D21 or MOD 07 53D22, as 
applicable to your helicopter.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 33 helicopters 
of U.S. Registry. The FAA estimates that operators may incur the 
following costs in order to comply with this AD. At an average labor 
rate of $85 per hour, inspecting the LH and RH frame No. 9 would 
require about 3 work-hours, for a cost per helicopter of $255 and a 
total cost to U.S. operators of $8,415 per inspection cycle. Repairing 
a cracked frame No. 9 would require about 20 work-hours, and required 
parts would cost about $15,000, for a cost per helicopter of $16,700.

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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,

[[Page 21233]]

    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:
0
a. Removing Airworthiness Directive (AD) 2014-11-02, Amendment 39-17852 
(79 FR 33050, June 10, 2014); and
0
b. Adding the following new AD:

Airbus Helicopters: Docket No. FAA-2021-0195; Project Identifier 
MCAI-2020-00262-R.

(a) Applicability

    This airworthiness directive (AD) applies to Airbus Helicopters 
Model SA-365N, SA-365N1, AS-365N2, and AS-365-N3 helicopters, 
certificated in any category, except helicopters with Eurocopter 
modification (MOD) 53C17 or MOD 53D02, or Airbus Helicopters MOD 07 
53D21 or MOD 07 53D22, installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in frame number 
(No.) 9, which if not detected and corrected, could result in 
failure of frame No. 9, loss of structural integrity, and subsequent 
loss of control of the helicopter.

(c) Affected ADs

    This AD replaces AD 2014-11-02, Amendment 39-17852 (79 FR 33050, 
June 10, 2014).

(d) Comments Due Date

    The FAA must receive comments by June 7, 2021.

(e) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(f) Required Actions

    (1) For helicopters that have any repair or alteration to the 
frame No. 9, within 10 hours time-in-service (TIS) after the 
effective date of this AD and thereafter at intervals not to exceed 
110 hours TIS, using a 10X or higher power magnifying glass, inspect 
the left-hand (LH) and right-hand (RH) frame No. 9 for a crack in 
the area of the latch support and stretcher support, as depicted in 
Figure 1 of Airbus Helicopters Emergency Alert Service Bulletin No. 
05.00.63, Revision 2, dated December 20, 2018 (EASB 05.00.63).
    (2) For all other helicopters, within 110 hours TIS after the 
effective date of this AD and thereafter at intervals not to exceed 
110 hours TIS, perform the inspection in paragraph (f)(1) of this 
AD.
    (3) If there is a crack, before further flight, repair the frame 
No. 9. Repairing a frame is not terminating action for the 
repetitive inspections required by paragraphs (f)(1) and (2) of this 
AD.
    (4) As an optional terminating action for the repetitive 
inspections required by paragraphs (f)(1) and (2) of this AD, 
replace the upper section of frame No. 9 with a reinforced frame, 
Eurocopter MOD 53C17 or MOD 53D02, or Airbus Helicopters MOD 07 
53D21 or MOD 07 53D22.

(g) Special Flight Permits

    Special flight permits to a repair facility may be issued 
provided that the flight does not exceed 10 hours TIS, any crack 
does not exceed a maximum crack length of 80 mm, and no passengers 
are onboard.

(h) Credit for Previous Actions

    You may take credit for the actions required by paragraphs 
(f)(1) and (2) of this AD if you performed them before the effective 
date of this AD using Eurocopter Emergency Alert Service Bulletin 
No. 05.00.63, Revision 1, dated June 18, 2012.

(i) Alternative Methods of Compliance (AMOCs)

    (1) 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 
office, send it to the attention of the person identified in 
paragraph (j)(1) of this AD. Information may be emailed to: [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.

(j) Related Information

    (1) For more information about this AD, contact Matthew Fuller, 
AD Program Manager, General Aviation & Rotorcraft Unit, 
Airworthiness Products Section, Operational Safety Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-
5110; email [email protected].
    (2) For service information identified in this AD, contact 
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; 
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or 
at https://www.airbus.com/helicopters/services/technical-support.html. You may view this referenced service information 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.
    (3) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2012-0108R1, dated September 19, 
2019. You may view the EASA AD on the internet at https://www.regulations.gov in Docket No. FAA-2021-0195.

(k) Subject

    Joint Aircraft Service Component (JASC) Code: 5300: Fuselage 
Structure.

    Issued on March 19, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-08183 Filed 4-21-21; 8:45 am]
BILLING CODE 4910-13-P