[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Proposed Rules]
[Pages 36516-36519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14692]


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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. 130 / Monday, July 12, 2021 / 
Proposed Rules  

[[Page 36516]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0559; Project Identifier MCAI-2021-00079-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) 
2020-24-03 which applies to certain Airbus Helicopters Model AS350B, 
AS350BA, AS350B1, AS350B2, AS350D, AS355E, AS355F, AS355F1, and AS355F2 
helicopters. AD 2020-24-03 requires testing the UP/DOWN switches of a 
certain part-numbered DUNLOP cyclic stick grip, installing a placard, 
and revising the existing Rotorcraft Flight Manual (RFM) for your 
helicopter, or removing the DUNLOP cyclic stick grip. Since the FAA 
issued AD 2020-24-03, Airbus Helicopters developed a modification 
procedure for the electrical wiring of the hoist control of the DUNLOP 
cyclic stick grip. This proposed AD would retain some requirements of 
AD 2020-24-03 and would also require incorporating the new 
modification, and removing the placard and the RFM amendment installed 
previously as required by AD 2020-24-03. The proposed additional 
actions would be required 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 August 26, 
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 IBR 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-2021-0559.

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-
0559; 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: Daniel Poblete, Aerospace Engineer, 
Systems & Equipment Section, Los Angeles ACO Branch, Compliance & 
Airworthiness Division, 3960 Paramount Blvd., Lakewood, CA 90712; 
telephone (562) 627-5335; 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-2021-0559; Project Identifier 
MCAI-2021-00079-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 
Daniel Poblete, Aerospace Engineer, Systems & Equipment Section, Los 
Angeles ACO Branch, Compliance & Airworthiness Division, 3960 Paramount 
Blvd., Lakewood, CA 90712; telephone (562) 627-5335; 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.

[[Page 36517]]

Background

    The FAA issued AD 2020-24-03, Amendment 39-21333 (85 FR 76955, 
December 1, 2020), (AD 2020-24-03), which applies to Airbus Helicopters 
Model AS350B, AS350BA, AS350B1, AS350B2, AS350D, AS355E, AS355F, 
AS355F1, and AS355F2 helicopters with DUNLOP cyclic stick grip 
manufacturer part number (MP/N) AC66444 with UP/DOWN switches for 
rescue hoist control installed. AD 2020-24-03 requires accomplishing a 
ground test of the UP/DOWN switches of DUNLOP cyclic stick grip for 
proper function before each hoist operation. If there is any 
uncommanded hoist action, AD 2020-24-03 requires removing the DUNLOP 
cyclic stick grip from service. If DUNLOP cyclic stick grip MP/N 
AC66444 is installed, before the next operation, AD 2020-24-03 also 
requires installing a placard and revising the existing RFM for your 
helicopter to prohibit the use of the UP/DOWN switches of the DUNLOP 
cyclic stick grip. Alternatively, AD 2020-24-03 allows removing DUNLOP 
cyclic stick grip MP/N AC66444, however before the DUNLOP cyclic stick 
grip is re-installed, AD 2020-24-03 requires accomplishing a ground 
test of the UP/DOWN switches and installing the placard and revising 
the existing RFM for your helicopter. AD 2020-24-03 also prohibits 
installing an affected DUNLOP cyclic stick grip unless the ground 
testing of the UP/DOWN switches has been accomplished, the placard has 
been installed, and the existing RFM for your helicopter has been 
revised. The FAA issued AD 2020-24-03 to prevent an inadvertent 
activation of the rescue hoist cable cutter and consequent detachment 
of an external load or person from the helicopter hoist. This unsafe 
condition could result in personal injury or injury to persons on the 
ground.

Actions Since AD 2020-24-03 Was Issued

    Since the FAA issued AD 2020-24-03, Airbus Helicopters developed a 
modification (MOD) MC20096 and issued service information that provides 
instructions for modifying the electrical wiring of the hoist control 
on DUNLOP cyclic stick grips.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0023, dated January 19, 2021 
(EASA AD 2021-0023) to correct an unsafe condition for Airbus 
Helicopters Model AS 350 and AS 355 helicopters.
    This proposed AD was prompted by Airbus Helicopters developing MOD 
MC20096 and Airbus Helicopters issuing service information for 
performing this modification on the DUNLOP cyclic stick. The FAA is 
proposing this AD to address inadvertent activation of the rescue hoist 
cable cutter function and consequent detachment of an external load or 
person from the helicopter hoist, possibly resulting in personal 
injury, or injury to persons on the ground. See EASA AD 2021-0023 for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0023 specifies procedures for installing the placard 
and revising the Flight Manual to prohibit the use of the UP/DOWN 
switches of the DUNLOP cyclic stick MP/N AC66444. EASA AD 2021-0023 
also specifies procedures for modifying the electrical wiring of the 
DUNLOP cyclic stick and removing both the placard and RFM amendment 
previously installed.
    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 helicopters 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.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2020-24-03, this proposed AD would retain certain 
requirements of AD 2020-24-03. Those requirements are referenced in 
EASA AD 2021-0023, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0023 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 EASA AD 2021-0023.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use certain civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
EASA AD 2021-0023 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with EASA 
AD 2021-0023 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 EASA AD 2021-0023 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 EASA AD 2021-
0023. Service information specified in EASA AD 2021-0023 that is 
required for compliance with it will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0559 after the FAA final rule is published.

Differences Between This Proposed AD and EASA AD 2021-0023

    For helicopters with DUNLOP cyclic stick grip MP/N AC66444 with UP/
DOWN switches for rescue hoist control installed, this proposed AD 
would require accomplishing a ground test of the UP/DOWN switches for 
proper function before each hoist operation, whereas the EASA AD does 
not. Where EASA AD 2021-0023 refers to its effective date or the 
effective date of EASA Emergency AD 2020-0217-E, dated October 8, 2020, 
this proposed AD would require using the effective date of this AD. 
Where the service information referenced in EASA AD 2021-0023 specifies 
``work must be performed on the helicopter by the operator,'' this 
proposed AD would require that the work be accomplished by a mechanic 
that meets the requirements of 14 CFR part 65 subpart D. Where the 
service information referenced in EASA AD 2021-0023 specifies to 
discard certain placards and Flight Manual pages (that were required by 
EASA AD 2020-0217-E), this proposed AD would require

[[Page 36518]]

removing them instead. EASA AD 2021-0023 requires operators to ``inform 
all flight crews'' and thereafter to ``operate the helicopter 
accordingly.'' However, this proposed AD would not require those 
actions. Where paragraph (4) of EASA AD 2020-0023 allows modifying a 
Group 2 helicopter into a Group 1 helicopter, this proposed AD would 
also require accomplishing the requirements of paragraph (g)(1) of this 
AD. Finally, the service information referenced in EASA AD 2021-0023 
requires reporting certain information, whereas this proposed AD would 
not.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 390 
helicopters of U.S. Registry. The FAA estimates that operators may 
incur the following costs in order to comply with this proposed AD. 
Labor costs are estimated at $85 per work-hour.
    Accomplishing a ground test of the UP/DOWN switches for proper 
function takes a minimal amount of time for a nominal cost. Replacing a 
DUNLOP cyclic stick grip, if required, takes about 2.5 work-hours and 
parts cost about $2,500 for an estimated cost of $2,713. Installing the 
placard and revising the existing RFM for your helicopter would take 
about 0.5 work-hour for an estimated cost of $43 per helicopter and 
$16,770 for the U.S. fleet.
    Modifying the electrical wiring of the DUNLOP cyclic stick would 
take up to 4 work-hours and parts would cost $2,147 for an estimated 
cost of up to $2,487 per helicopter and $969,930 for the U.S. fleet. 
Removing the placard and revising the existing RFM for your helicopter 
would take about 0.5 work-hour for an estimated cost of $43 per 
helicopter and $16,770 for the U.S. fleet.

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:
0
a. Removing Airworthiness Directive (AD) 2020-24-03, Amendment 39-21333 
(85 FR 76955, December 1, 2020); and
0
b. Adding the following new AD:

Airbus Helicopters: Docket No. FAA-2021-0559; Project Identifier 
MCAI-2021-00079-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 26, 2021.

(b) Affected ADs

    This AD replaces AD 2020-24-03, Amendment 39-21333 (85 FR 76955, 
December 1, 2020) (AD 2020-24-03).

(c) Applicability

    This AD applies to Airbus Helicopters Model AS350B, AS350BA, 
AS350B1, AS350B2, AS350D, AS355E, AS355F, AS355F1, and AS355F2 
helicopters, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2021-0023, dated January 19, 
2021 (EASA AD 2021-0023).

(d) Subject

    Joint Aircraft System Component (JASC) Code 2500, Cabin 
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by the development of a modification of the 
electrical wiring of the hoist control on the DUNLOP cyclic stick 
grip. The FAA is issuing this AD to prevent inadvertent activation 
of the rescue hoist cable cutter and consequent detachment of an 
external load or person from the helicopter hoist. This condition 
could result in personal injury or injury to persons on the ground.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    (1) For helicopters with DUNLOP cyclic stick grip manufacturer 
part number AC66444 with UP/DOWN switches for rescue hoist control 
installed, before each hoist operation after December 16, 2020 (the 
effective date of AD 2020-24-03), accomplish a ground test of the 
UP/DOWN switches for proper function. If there is any uncommanded 
hoist action, before further flight, remove the DUNLOP cyclic stick 
grip from service. Accomplishing the modification in paragraph (2) 
of EASA AD 2021-0023 constitutes terminating action for the 
requirements of this paragraph.
    (2) 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 2021-0023.

(h) Exceptions to EASA AD 2021-0023

    (1) Where EASA AD 2021-0023 refers to October 8, 2020 (the 
effective date of EASA Emergency AD 2020-0217-E, dated October 6, 
2020 (EASA AD 2020-0217-E)), this AD requires using the effective 
date of this AD.
    (2) Where the service information referenced in paragraph (1) of 
EASA AD 2020-0023 specifies that the ``work must be performed on the 
helicopter by the operator,'' this AD requires that the work be 
accomplished by a mechanic that meets the requirements of 14 CFR 
part 65 subpart D.
    (3) Where EASA AD 2021-0023 refers to its effective date, this 
AD requires using the effective date of this AD.
    (4) Where EASA AD 2021-0023 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (5) Where the service information referenced in EASA AD 2021-
0023 specifies to discard certain placards and Flight Manual pages 
(that were required by EASA AD 2020-0217-E), this AD requires 
removing them.
    (6) Where paragraph (3) of EASA AD 2021-0023 specifies to 
``inform all flight crews and, thereafter, operate the helicopter 
accordingly,'' this AD does not require those actions.
    (7) Where paragraph (4) of EASA AD 2020-0023 allows modifying a 
Group 2 helicopter into a Group 1 helicopter, this AD also

[[Page 36519]]

requires accomplishing the requirements of paragraph (g)(1) of this 
AD.
    (8) The ``Remarks'' section of EASA AD 2021-0023 does not apply 
to this AD.

(i) No Reporting Requirement

    Where the service information referenced in EASA AD 2021-0023 
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)(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 EASA AD 2021-0023, 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. For Airbus 
Helicopter service information identified in this AD, 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 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 EASA material may be found in the AD 
docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0559.
    (2) For more information about this AD, contact Daniel Poblete, 
Aerospace Engineer, Systems & Equipment Section, Los Angeles ACO 
Branch, Compliance & Airworthiness Division, 3960 Paramount Blvd., 
Lakewood, CA 90712; telephone (562) 627-5335; email 
[email protected].

    Issued on July 2, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-14692 Filed 7-9-21; 8:45 am]
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