[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Proposed Rules]
[Pages 24556-24560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08897]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0175; Project Identifier 2001-SW-33-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters (Type Certificate 
Previously Held by Eurocopter France)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: The FAA is revising a SNPRM for all Eurocopter France (now 
Airbus Helicopters) Model SA-365N, SA-365N1, AS-365N2, AS 365 N3, and 
SA-366G1 helicopters. The SNPRM retained the proposed requirements in 
the notice of proposed rulemaking (NPRM) and added recurring 
inspections and references to an engineering report that lists approved 
U.S. alternative fasteners and materials that may be used in any 
required repairs. The FAA is reopening the comment period because a 
significant amount of time has elapsed since the SNPRM was published. 
This proposed AD would require measuring the 9-degree frame flange 
(frame) for the correct edge distance of the four attachment holes for 
the stretcher support and inspecting for cracks, and repairing the 
frame, if necessary, as specified in two Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) ADs, which are 
proposed for incorporation by reference (IBR). This action also revises 
the SNPRM by updating the type certificate holder's name and estimated 
cost information. The FAA is proposing this airworthiness directive 
(AD) to address the unsafe condition on these products. Since these 
actions would impose an additional burden over those in the SNPRM, the 
agency is requesting comments on this SNPRM.

DATES: The comment period for the SNPRM published in the Federal 
Register on March 11, 2004 (69 FR 11556), is reopened.
    The FAA must receive comments on this SNPRM by June 21, 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 DGAC material that is proposed for IBR in this AD, contact the 
European Union Aviation Safety Agency (EASA), Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find the DGAC 
material on the EASA website at https://ad.easa.europa.eu. For American 
Eurocopter material, 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 the DGAC and American Eurocopter 
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. The DGAC material is also available in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0175-AD.

Examining the AD Docket

    You may examine the AD docket on the internet at https://

[[Page 24557]]

www.regulations.gov by searching for and locating Docket No. FAA-2021-
0175; 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 SNPRM, 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, Aerospace Engineer, 
Cabin Safety & Environmental Systems Section, Los Angeles ACO Branch, 
Compliance & Airworthiness Division, 3960 Paramount Blvd., Lakewood, CA 
90712; 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-2021-0175; Project Identifier 
2001-SW-33-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 SNPRM 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 SNPRM, 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 SNPRM. Submissions containing CBI should 
be sent to Blaine Williams, Aerospace Engineer, Cabin Safety & 
Environmental Systems Section, Los Angeles ACO Branch, Compliance & 
Airworthiness Division, 3960 Paramount Blvd., Lakewood, CA 90712; 
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.

Background

    The DGAC, which was the Technical Agent for France, issued DGAC AD 
2001-061-053(A), dated February 21, 2001 (DGAC AD 2001-061-053(A)) for 
certain Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters; 
and DGAC AD 2001-283-025(A), dated July 11, 2001 (DGAC AD 2001-283-
025(A)) for all Model SA-366G1 helicopters (also referred to as the 
Mandatory Continuing Airworthiness Information, or the MCAI), to 
correct an unsafe condition for those helicopters.
    The FAA issued a SNPRM to amend 14 CFR part 39 by adding an AD that 
would apply to all Eurocopter France Model SA-365N, SA-365N1, AS-365N2, 
AS 365 N3, and SA-366G1 helicopters. The FAA preceded the SNPRM with an 
NPRM that published in the Federal Register on December 18, 2002 (67 FR 
77444). The NPRM proposed to require inspecting the frame for the 
correct edge distance of the four attachment holes of the stretcher 
support and for a crack, and repairing the frame, if necessary. The 
NPRM was prompted by a quality control check that revealed some 
stretcher attachment holes were improperly located on the frame where 
there was insufficient edge distance.
    The first SNPRM published in the Federal Register on March 11, 2004 
(69 FR 11556). The first SNPRM retained the proposed requirements of 
the NPRM and added recurring inspections and references to an 
engineering report that lists approved U.S. alternative fasteners and 
materials that may be used in any required repairs. Additionally, the 
first SNPRM stated that the FAA determined that it is unnecessary to 
require installation of a reinforcing angle and instead will require a 
550-hour repetitive inspection for those helicopters that have an edge 
distance on the frame of less than 5 millimeters (mm), are not cracked, 
and have not been repaired.

Actions Since the SNPRM Was Issued

    Since the FAA issued the first SNPRM, a significant amount of time 
elapsed requiring the FAA to reopen the comment period to allow the 
public a chance to comment on the proposed actions.
    Additionally, since the FAA issued the first SNPRM, Eurocopter 
France has changed its name to Airbus Helicopters. The FAA has revised 
references to the manufacturer's name specified throughout this SNPRM 
to identify the manufacturer's name as published in the most recent 
type certificate data sheet for the affected models and updates the 
contact information to obtain service documentation. This SNPRM also 
updates the estimated cost information.
    Furthermore, since the FAA issued the first SNPRM, EASA has become 
the Technical Agent for the Member States of the European Union, which 
includes France. EASA is now the State of Design Authority for the 
affected helicopter models.
    The FAA's Aircraft Certification Service has also changed its 
organizational structure. The new structure replaces product 
directorates with functional divisions. The FAA revised some of the 
office titles and nomenclature throughout this proposed AD to reflect 
the new organizational changes. Additional information about the new 
structure can be found in the Notice published on July 25, 2017 (82 FR 
34564).

Clarification of Requirement To Install a Reinforcing Angle

    The preamble of the first SNPRM stated that it was unnecessary to 
require the installation of a reinforcing angle but that action was 
included as a requirement in the body of the first SNPRM. This second 
SNPRM retains that installation requirement, which corresponds with the 
requirements of the DGAC ADs and addresses the identified unsafe 
condition.

Docket Number Change

    For transparency and as part of the FAA's on-going docket 
management consolidation efforts, the FAA is transferring the docket 
for this SNPRM to the Federal Docket Management System (FDMS). The new 
Docket Number (No.) is FAA-2021-0175. The old Docket No., which is 
2001-SW-33-AD, became the Project Identifier.

Related Service Information Under 1 CFR Part 51

    DGAC AD 2001-061-053(A) and DGAC AD 2001-283-025(A) describe 
procedures for measuring the edge

[[Page 24558]]

distance of the webs at the four attachment holes of the stretcher 
support on the left and right sides of the 9-degree frame, and 
additional actions depending on the findings. The additional actions 
include repetitively inspecting the frame for cracking, repair if 
necessary, and installation of a reinforcement plate (reinforcing 
angle) on the frame. These documents are distinct since they refer to 
different helicopter models.
    American Eurocopter Engineering Report No. AEC/03R-E-005, 
``Addendum ASB 53.00.42 and 53.00.43 AS365'', dated January 29, 2003, 
specifies U.S. and European rivet equivalent part numbers, U.S. rivet 
part numbers with acceptable substitute materials with greater strength 
properties, and 5 rivet, 6 rivet, and pin Hi-lok alternatives.
    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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this proposed AD. The FAA received no comments on the first 
SNPRM or on the determination of the cost to the public.

FAA's Determination and Requirements of This SNPRM

    These products have been approved by the aviation authority of 
another country, and are 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 these 
same type designs.
    Certain changes described above expand the scope of the SNPRM. As a 
result, the FAA has determined that it is necessary to reopen the 
comment period to provide additional opportunity for the public to 
comment on this SNPRM.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in DGAC AD 2001-061-053(A) and DGAC AD 2001-283-025(A), 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. As 
mentioned previously, when the SNPRM was published the DGAC was the 
Technical Agent for France. Since that time EASA has become the 
Technical Agent for the Member States of the European Union, which 
includes France. The FAA has since coordinated with other manufacturers 
and civil aviation authorities (CAAs) to use this process. As a result, 
DGAC AD 2001-061-053(A) and DGAC AD 2001-283-025(A) will be 
incorporated by reference in the FAA final rule. This proposed AD 
would, therefore, require compliance with DGAC AD 2001-061-053(A) and 
DGAC AD 2001-283-025(A) in their 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 DGAC ADs does not mean that 
operators need comply only with that section. Service information 
specified in DGAC AD 2001-061-053(A) and DGAC AD 2001-283-025(A) that 
is required for compliance with DGAC AD 2001-061-053(A) and DGAC AD 
2001-283-025(A) will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0175 after the FAA final rule is published.

Differences Between This Proposed AD and the MCAI

    The FAA has determined that acceptable U.S. alternatives to the 
fasteners and materials needed to perform repairs or modifications are 
listed in American Eurocopter Engineering Report No. AEC/03R-E-005 
``Addendum ASB 53.00.42 and 53.00.043 AS365'', dated January 29, 2003.
    Where DGAC AD 2001-061-053(A) exempts helicopters that were 
delivered after January 31, 2001, from the applicability, this proposed 
AD does not exempt those helicopters.

Costs of Compliance

    The FAA estimates that this proposed AD affects 31 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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3 work-hours x $85 per hour = $255...........................            $100             $355          $11,005
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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 Action
------------------------------------------------------------------------
             Labor cost                 Parts cost     Cost per product
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Up to 8 work-hours x $85 per hour =            $250          Up to $930
 $680..............................
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[[Page 24559]]

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 (Type Certificate Previously Held by Eurocopter 
France): Docket No. FAA-2021-0175; Project Identifier 2001-SW-33-AD.

(a) Comments Due Date

    The FAA must receive comments by June 21, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters (type certificate 
previously held by Eurocopter France) Model SA-365N, SA-365N1, AS-
365N2, AS 365 N3, and SA-366G1 helicopters, certificated in any 
category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5311, Fuselage Main, 
Frame.

(e) Reason

    This AD was prompted by a quality control check that revealed 
some stretcher attachment holes were improperly located on the frame 
where there was insufficient edge distance. The FAA is issuing this 
AD to address failure of the 9-degree frame flange (frame) due to a 
crack at the stretcher support attachment holes, which could result 
in loss of a passenger door, damage to the rotor system, 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 
accordance with the applicable Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (DGAC) ADs specified in paragraphs (g)(1) and (2) 
of this AD.
    (1) For Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 
helicopters: DGAC AD 2001-061-053(A), dated February 21, 2001, (DGAC 
AD 2001-061-053(A)).
    (2) For Model SA-366G1 helicopters: DGAC AD 2001-283-025(A), 
dated July 11, 2001 (DGAC AD 2001-283-025(A)).

(h) Exceptions to DGAC AD 2001-061-053(A) and DGAC AD 2001-283-025(A)

    (1) Where paragraph 3.1 of DGAC AD 2001-061-053(A) and DGAC AD 
2001-283-025(A) specifies an initial compliance time to do the 
measurement, for this AD, do the measurement within 50 hours time-
in-service (TIS) after the effective date of this AD.
    (2) Where paragraph 3.1. of DGAC AD 2001-061-053(A) and DGAC AD 
2001-283-025(A) specifies to do a measurement, for this AD, do an 
inspection of the area around the attachment holes for cracks 
concurrently with the measurement.
    (3) Where paragraph 3.2.1.a) of DGAC AD 2001-061-053(A) and DGAC 
AD 2001-283-025(A) specifies ``every 550 flight hours, check that 
there is no crack in the flange,'' for this AD, inspect (check) the 
area around the attachment holes for cracks at intervals not to 
exceed 550 hours TIS.
    (4) Where paragraph 3.2.1.b) of DGAC AD 2001-061-053(A) and DGAC 
AD 2001-283-025(A) requires installation of a reinforcement plate 
(reinforcing angle) on the flange for certain helicopters, do the 
installation within 550 hours TIS after accomplishment of the 
measurement specified in paragraph 3.1. of DGAC AD 2001-061-053(A) 
and DGAC AD 2001-283-025(A).
    (5) Where the service information referred to in DGAC AD 2001-
061-053(A) and DGAC AD 2001-283-025(A) specifies to perform a dye 
penetrant crack inspection ``if in doubt,'' this AD requires 
performing a dye penetrant inspection.
    (6) Where paragraph 3.2.2. of DGAC AD 2001-061-053(A) and DGAC 
AD 2001-283-025(A) specifies to do various actions specified in 
paragraphs 3.2.2.(a), (b), and (c) of those ADs, for this AD, if any 
frame is cracked, before further flight, repair the frame. 
Acceptable U.S. alternatives to the fasteners and materials needed 
to perform repairs or modifications are listed in American 
Eurocopter Engineering Report No. AEC/03R-E-005, ``Addendum ASB 
53.00.42 and 53.00.43 AS365'', dated January 29, 2003.
    (7) Where the Note in paragraph 3.2.2. of DGAC AD 2001-061-
053(A) and DGAC AD 2001-283-025(A) specifies the instructions are no 
longer applicable after a customized repair has been carried out, 
for this AD, modifying or repairing the frame constitutes 
terminating action for the requirements of this AD.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are prohibited.

(j) 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, send 
it to the attention of the person identified in paragraph (k)(2) 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.

(k) Related Information

    (1) For DGAC AD 2001-061-053(A) and DGAC AD 2001-283-025(A), 
contact the European Union Aviation Safety Agency (EASA), Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]; internet

[[Page 24560]]

www.easa.europa.eu. You may find the DGAC material on the EASA 
website at https://ad.easa.europa.eu. For American Eurocopter 
material, 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 the DGAC and American 
Eurocopter 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. The DGAC material may also be found in the 
AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0175.
    (2) For more information about this AD, contact Blaine Williams, 
Aerospace Engineer, Cabin Safety & Environmental Systems Section, 
Los Angeles ACO Branch, Compliance & Airworthiness Division, 3960 
Paramount Blvd., Lakewood, CA 90712; telephone 562-627-5371; email 
[email protected].

    Issued on April 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-08897 Filed 5-6-21; 8:45 am]
BILLING CODE 4910-13-P