[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Proposed Rules]
[Pages 27535-27537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10721]


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 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. 97 / Friday, May 21, 2021 / Proposed 
Rules  

[[Page 27535]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0374; Project Identifier MCAI-2020-00543-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 certain Airbus Helicopters Model SA330J, AS332C, AS332L, AS332L1, 
AS332L2, and EC225LP helicopters. This proposed AD was prompted by a 
report of a left-hand (LH) side stairway door that inadvertently opened 
in flight and tore off from its attachment fittings. This proposed AD 
would require inspecting the locking safety mechanism of the LH side 
stairway door handle and depending on the results, corrective action. 
This proposed AD would also require modifying that locking safety 
mechanism as specified in a 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 July 6, 
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-2021-0374.

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-
0374; 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 N SW, Washington, DC 
20024; telephone (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-2021-0374; Project Identifier 
MCAI-2020-00543-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 Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 950 
L'Enfant Plaza N SW, Washington, DC 20024; telephone (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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0087, dated April 15, 2020 
(EASA AD 2020-0087), to correct an unsafe condition for certain Airbus 
Helicopters (AH), formerly Eurocopter, Eurocopter France, Aerospatiale, 
Sud Aviation Model SA330J, AS332C, AS332L, AS332L1, AS332L2, and 
EC225LP helicopters, if equipped with a LH side stairway door, except 
helicopters modified in accordance with AH modification (MOD) 07 28281 
(AS 332, EC 225) or MOD 07 27338 (SA 330). EASA issued EASA AD 2020-
0087 to supersede EASA Emergency AD 2014-0241-E,

[[Page 27536]]

dated November 4, 2014 (EASA AD 2014-0241-E).
    This proposed AD was prompted by a report of a LH side stairway 
door that inadvertently opened and tore off from its attachment 
fittings during flight. Subsequent investigation revealed that the 
affected side stairway door had been recently painted and the paint 
impaired the external door handle motion, affecting the correct 
operation of the door locking safety mechanism. The FAA is proposing 
this AD to address incorrect locking of the LH side stairway door, 
which could result in an in-flight opening of the door and subsequent 
damage to the helicopter or injury to persons on the ground. See EASA 
AD 2020-0087 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0087 requires repetitively inspecting the locking 
safety mechanism of the LH side stairway door handle for correct 
operation and depending on the results, reconditioning the locking 
safety mechanism or contacting the Airbus Helicopters Support and 
Services Department. EASA AD 2020-0087 also requires modifying the 
locking safety mechanism, which constitutes terminating action for the 
repetitive inspections.
    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

    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 EASA 
AD 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.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0087, 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 EASA 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 2020-0087 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0087 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 2020-0087 that is required for compliance with EASA AD 2020-
0087 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0374 after the FAA 
final rule is published.

Differences Between This Proposed AD and the EASA AD

    Where EASA AD 2020-0087 refers to the effective date of EASA AD 
2014-0214-E or its effective date, this proposed AD would require using 
the effective date of this AD. Where EASA AD 2020-0087 refers to Group 
1 and 2 helicopters, this proposed AD would not refer to any groups of 
helicopters. Where the service information referenced in EASA AD 2020-
0087 allows the pilot to perform the requirements of the ASB, this 
proposed AD would require the requirements to be performed by a 
qualified mechanic. Where the service information referenced in EASA AD 
2020-0087 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement. Where the service 
information referenced in EASA AD 2020-0087 specifies to discard 
certain parts, this proposed AD would require removing those parts from 
service instead. EASA AD 2020-0087 requires repeating the inspection 
before next flight after each application of painting on the LH side 
stairway door or its external door handle, whereas this proposed AD 
would not. EASA AD 2020-0087 requires contacting the Airbus Helicopters 
Support and Services Department if it is impossible to recondition the 
locking safety mechanism by moving the door handle, whereas this 
proposed AD would require, before further flight, accomplishing 
paragraph (5) of EASA AD 2020-0087 or accomplishing corrective action 
using a method approved by the Manager, International Validation 
Branch, FAA. The Manager's approval letter must specifically refer to 
this AD.

Costs of Compliance

    The FAA estimates that this AD affects 37 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this proposed AD.
    Inspecting the operation of the locking safety mechanism on the LH 
side stairway door handle would take about 0.1 work-hour for an 
estimated cost of $9 per helicopter and $333 for the U.S. fleet.
    Moving the external door handle from the ``Locked'' to the 
``Unlocked'' position to determine if the safety mechanism on the LH 
side stairway door handle can lock automatically would take about 0.5 
work-hour for an estimated cost of $43 per helicopter.
    Modifying the locking safety mechanism on the LH side stairway door 
handle would take about 8 work-hours and parts would cost about $5,000 
for an estimated cost of $5,680 per helicopter.

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

[[Page 27537]]

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: Docket No. FAA-2021-0374; Project Identifier 
MCAI-2020-00543-R.

(a) Comments Due Date

    The FAA must receive comments by July 6, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model SA330J, AS332C, 
AS332L, AS332L1, AS332L2, and EC225LP helicopters, certificated in 
any category, as identified in the Applicability of European Union 
Aviation Safety Agency AD 2020-0087, dated April 15, 2020 (EASA AD 
2020-0087).

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5210, Passenger/
Crew Doors.

(e) Unsafe Condition

    This AD was prompted by a report of a left-hand (LH) side 
stairway door that inadvertently opened and tore off from its 
attachment fittings during flight. The FAA is issuing this AD to 
address incorrect locking of the LH side stairway door, which could 
result in an in-flight opening of the door and subsequent damage to 
the helicopter or injury to persons on the ground.

(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 2020-0087.

(h) Exceptions to EASA AD 2020-0087

    (1) Where EASA AD 2020-0087 refers to November 6, 2014 (the 
effective date of EASA AD 2014-0241-E, dated November 4, 2014) or 
its effective date, this AD requires using the effective date of 
this AD.
    (2) Where EASA AD 2020-0087 refers to Group 1 and Group 2 
helicopters, this AD does not refer to any groups of helicopters.
    (3) Where the service information referenced in EASA AD 2020-
0087 permits certain actions to be performed by a mechanical 
engineering technician or pilot, this AD requires that the actions 
be performed by a qualified mechanic.
    (4) Where the service information referenced in EASA AD 2020-
0087 specifies to discard certain parts, this AD requires removing 
those parts from service.
    (5) While paragraph (2) of EASA AD 2020-0087 requires actions 
before next flight after each application of painting on the LH side 
stairway door or its external door handle, those actions are not 
required by this AD.
    (6) Where paragraph (3) of EASA AD 2020-0087 requires 
reconditioning the locking safety mechanism, and the service 
information referenced in paragraph (3) of EASA AD 2020-0087 
specifies contacting the Airbus Helicopters Support and Services 
Department if it is impossible to recondition the locking safety 
mechanism by moving the door handle, this AD requires moving the 
external door handle from the ``Locked'' to the ``Unlocked'' 
position to determine if the safety mechanism can lock 
automatically. If the safety mechanism does not lock automatically, 
this AD requires, before further flight accomplishing paragraph (5) 
of EASA AD 2020-0087 or accomplishing corrective action using a 
method approved by the Manager, International Validation Branch, 
FAA. The Manager's approval letter must specifically refer to this 
AD.
    (7) Where paragraph (5) of EASA AD 2020-0087 identifies the 
modification as required by paragraph (4) of EASA AD 2020-0087 as 
terminating action for the repetitive inspections as required by 
paragraph (2) of EASA AD 2020-0087 for that helicopter, this AD does 
not allow the modification to terminate the repetitive inspections 
as required by paragraph (2) of EASA AD 2020-0087.
    (8) The ``Remarks'' section of EASA AD 2020-0087 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0087 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(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)(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.

(k) Related Information

    (1) For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, FAA, 950 L'Enfant 
Plaza N SW, Washington, DC 20024; telephone (202) 267-9167; email 
[email protected].
    (2) For EASA AD 2020-0087, 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-2021-0374.

    Issued on May 15, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-10721 Filed 5-20-21; 8:45 am]
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