[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Proposed Rules]
[Pages 2085-2088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00127]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1176; Project Identifier MCAI-2021-00755-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 helicopters. This proposed 
AD was prompted by a review of Model EC225LP helicopter data that 
revealed potential tightening torque loss of the attachment screws of 
the upper deck fittings of the three main gearbox (MGB) suspension 
bars. Due to design similarities, the MGB right-hand (RH) rear fittings 
and MGB RH rear fitting attachment screws on Model SA330J helicopters 
could also be affected. Additional analysis confirmed that the service 
life limit (life limit) (SLL) for these affected MGB RH rear fittings 
needs to be reduced for helicopters on which these affected parts were 
operated concurrently with metallic main rotor blades installed. This 
proposed AD would require determining the damage value and SLL of each 
affected MGB RH rear fitting, replacing each affected MGB RH rear 
fitting with a new part, and replacing the MGB RH rear fitting 
attachment screws, 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 February 
28, 2022.

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

[[Page 2086]]

p.m., Monday through Friday, except Federal holidays.
    For EASA material that is proposed for IBR in this AD, contact 
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 EASA 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. This EASA material is also 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-1176.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1176; 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, the EASA AD, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, FAA, 950 L'Enfant Plaza 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-2021-1176; Project Identifier 
MCAI-2021-00755-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 Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 950 
L'Enfant Plaza 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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0152R1, dated July 20, 2021 
(EASA AD 2021-0152R1), to correct an unsafe condition for Airbus 
Helicopters (formerly Eurocopter, Eurocopter France, Aerospatiale, Sud 
Aviation) Model SA 330 J helicopters, all serial numbers, which were 
modified in service in accordance with the instructions of Eurocopter 
France Service Bulletin (SB) No. 01.20 (part of which is the in-service 
retrofit Modification (Mod) 07 40043), except those on which each 
affected part (as defined in EASA AD 2021-0152R1) was replaced with a 
new part (not previously installed) during embodiment of Eurocopter 
France SB No. 01.20 in service.
    This proposed AD was prompted by a review of Model EC225LP 
helicopter in-service data that revealed potential tightening torque 
loss of the attachment screws of the upper deck fittings of the three 
MGB suspension bars. The FAA issued AD 2020-06-12, Amendment 39-19881 
(85 FR 19077, April 6, 2020) to address the unsafe condition on Model 
EC225LP helicopters). Due to design similarities, the MGB RH rear 
fittings and MGB RH rear fitting attachment screws on Model SA330J 
helicopters could also be affected. Additional analysis confirmed that 
the SLL for these affected MGB RH rear fittings needs to be reduced for 
helicopters on which these affected parts were operated concurrently 
with metallic main rotor blades (pre-Airbus Helicopters Modification 07 
40043) installed. Airbus Helicopters Modification 07 40043 introduced 
the installation of composite main rotor blades.
    The FAA is proposing this AD to address tightening torque loss of 
the attachment screws of the upper deck fittings of the three MGB 
suspension bars. The unsafe condition, if not addressed, could result 
in structural failure of the MGB RH rear fittings and MGB RH rear 
fitting attachment screws, resulting in detachment of the MGB 
suspension bars and consequent loss of control of the helicopter. See 
EASA AD 2021-0152R1 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0152R1 requires determining the damage value of each 
affected MGB RH rear fitting by calculating the damage caused during 
the time each affected part was operated concurrently with metallic 
main rotor blades installed on the helicopter, calculating the SLL for 
each affected MGB RH rear fitting, and eventually replacing each 
affected MGB RH rear fitting and the MGB RH rear fitting attachment 
screws with new parts.
    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

    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 about the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other helicopters of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0152R1, described previously, as incorporated by 
reference, except for any differences

[[Page 2087]]

identified as exceptions in the regulatory text of this proposed AD.

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 some 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, the 
FAA proposes to incorporate EASA AD 2021-0152R1 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0152R1 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 2021-0152R1 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-
0152R1. Service information referenced in EASA AD 2021-0152R1 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1176 after the FAA final 
rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 15 helicopters of U.S. Registry. Labor rates are estimated at 
$85 per work-hour. Based on these numbers, the FAA estimates the 
following costs to comply with this proposed AD.

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product       operators '
----------------------------------------------------------------------------------------------------------------
Determine damage value and SLL........  1 work-hour x $85 per                 $0             $85          $1,275
                                         hour = $85.
Replace parts.........................  8 work-hours x $85 per             7,540           8,220         123,300
                                         hour = $680.
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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: Docket No. FAA-2021-1176; Project Identifier 
MCAI-2021-00755-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 28, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model SA330J helicopters, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) AD 2021-0152R1, dated July 20, 2021 
(EASA AD 2021-0152R1).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6300, Main Rotor 
Drive System.

(e) Unsafe Condition

    This AD was prompted by a review of Airbus Helicopters Model 
EC225LP helicopter data that revealed potential tightening torque 
loss of the attachment screws of the upper deck fittings of the 
three main gearbox (MGB) suspension bars. Due to design 
similarities, the MGB right-hand (RH) rear fittings and MGB RH rear 
fitting attachment screws on Model SA330J helicopters could also be 
affected. Additional analysis confirmed that the service life limit 
(life limit) (SLL) for the affected MGB RH rear fittings needs to be 
reduced for helicopters on which these affected parts were operated 
concurrently with metallic main rotor blades installed. The FAA is 
issuing this AD to address tightening torque loss of the attachment 
screws of the upper deck fittings of the three MGB suspension bars. 
The unsafe condition, if not addressed, could result in structural 
failure of the MGB RH rear fittings and MGB RH rear fitting 
attachment screws, resulting in detachment of the MGB suspension 
bars and consequent 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, EASA AD 2021-0152R1.

[[Page 2088]]

(h) Exceptions to EASA AD 2021-0152R1

    (1) Where EASA AD 2021-0152R1 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0152R1 refers to July 9, 2021 (the 
effective date of EASA AD 2021-0152, dated June 25, 2021), this AD 
requires using the effective date of this AD.
    (3) Where the service information referenced in EASA AD 2021-
0152R1 specifies discarding parts, this AD requires removing those 
parts from service.
    (4) Although the service information referenced in EASA AD 2021-
0152R1 specifies that ``The work must be performed on the helicopter 
by the operator.'' this AD does not require that the operator 
perform the work.
    (5) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0152R1.
    (6) The preliminary steps specified in paragraph 3.B.1. of the 
service information referenced in EASA AD 2021-0152R1 are not 
required for compliance with this AD.
    (7) Although the service information referenced in EASA AD 2021-
0152R1 specifies contacting Airbus Helicopters if the time since new 
(TSN) is unknown at the retrofit date, this AD requires determining 
the damage value and the SLL of each affected part but does not 
require contacting Airbus Helicopters if the TSN is unknown at the 
retrofit date.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-
0152R1 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 2021-0152R1, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.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 at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-1176.
    (2) For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, FAA, 950 L'Enfant 
Plaza SW, Washington, DC 20024; telephone (202) 267-9167; email 
[email protected].

    Issued on January 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-00127 Filed 1-12-22; 8:45 am]
BILLING CODE 4910-13-P