Airworthiness Directives; Airbus Helicopters

Published date21 May 2021
Citation86 FR 27535
Record Number2021-10721
SectionProposed rules
CourtFederal Aviation Administration
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.
Proposed Rules Federal Register
27535
Vol. 86, No. 97
Friday, May 21, 2021
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).
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 ADs@easa.europa.eu; 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
hal.jensen@faa.gov.
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 hal.jensen@faa.gov.
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,
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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
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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
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13 [Amended]
2. The FAA amends § 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: 9-AVS-AIR-
730-AMOC@faa.gov.
(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 hal.jensen@
faa.gov.
(2) For EASA AD 2020–0087, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; 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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