[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Proposed Rules]
[Pages 27323-27326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10352]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24733; Project Identifier MCAI-2021-00139-R]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) to 
supersede AD 2002-08-16, which applies to certain Eurocopter France 
SA341G, SA342J, and SA-360C helicopters. The NPRM proposed to require 
removing certain main rotor head torsion tie bars (tie bars) from 
service and revising the limitations section of the existing 
maintenance manual for your helicopter by adding life limits for those 
tie bars. The NPRM was prompted by the determination that another part-
numbered tie bar was affected by the same unsafe condition. This action 
reopens the comment period because a significant amount of time has 
elapsed since the NPRM was published. This action also revises the NPRM 
by updating the type certificate holder's name, updating the estimated 
cost information, clarifying the requirements and compliance times, and 
adding parts installation prohibitions. 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 NPRM, the agency is requesting comments on this SNPRM.

DATES: 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 between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays.
    For Eurocopter service information identified in this SNPRM, 
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 this service information 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2006-24733; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains the NPRM, this SNPRM, 
the Direction Generale De L'Aviation Civile (DGAC) ADs, 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 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-2006-24733; Project 
Identifier MCAI-2021-00139-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 again revise 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 proposed AD.

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 Hal Jensen, Aerospace Engineer, Operational Safety Branch, 
FAA, 950 L'Enfant Plaza N SW,

[[Page 27324]]

Washington, DC 20024; telephone (202) 267-9167; email 
hal.jensen@faa.gov. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued an NPRM to amend 14 CFR part 39 to remove AD 2002-
08-16 (67 FR 19640, April 23, 2002) (AD 2002-08-16), and add a new AD. 
AD 2002-08-16 applies to Eurocopter France Model SA341G, SA342J, and 
SA-360C helicopters with a tie bar part number (P/N) 341A31-4904-00, -
01, -02, -03; 341A31-4933-00, -01; or 360A31-1097-02, -03, installed. 
The NPRM published in the Federal Register on May 10, 2006 (71 FR 
27215). The NPRM proposed to continue to require removing certain tie 
bars from service and revising the limitations section of the existing 
maintenance manual for your helicopter by adding life limits for those 
tie bars. The NPRM also proposed adding tie bar P/N 704A33-633-270 to 
the applicability, and to require removing it from service within 600 
hours time-in-service (TIS) or 2 years, whichever occurs first, and 
revising the limitations section of the existing maintenance manual for 
your helicopter accordingly. The NPRM was prompted by DGAC AD 2001-587-
041(A) R2, dated January 8, 2003 (DGAC AD 2001-587-041(A) R2), issued 
by the DGAC, which was the Technical Agent for France, to correct an 
unsafe condition for Model SA 341/342 helicopters. The DGAC advised of 
another affected tie-bar P/N 704A33-633-270 and additional flight 
restrictions for the new-affected tie bar. The DGAC also advised that 
Eurocopter issued Alert Service Bulletin No. 01.29, Revision 0, dated 
December 4, 2002 (ASB 01.29), to cancel Alert Telex (AT) No. 01.28, 
dated August 7, 2001, and supersede AT 01.29, Revision 1, dated 
December 11, 2001. This condition, if not addressed, could result in 
failure of a tie bar and subsequent loss of control of the helicopter.
    Accordingly, DGAC AD 2001-587-041(A) R2, along with DGAC AD 2001-
588-047(A) R1, dated December 26, 2001 (DGAC AD 2001-588-047(A) R1), 
for Model SA 360 helicopters, require removing certain part-numbered 
tie bars from service and a life limit for certain other part-numbered 
tie bars.

Actions Since the NPRM Was Issued

    Since the NPRM was issued, a significant amount of time has 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 NPRM, Eurocopter France has 
changed its name to Airbus Helicopters. This SNPRM reflects that change 
and updates the contact information to obtain service documentation. 
This SNPRM also updates the estimated cost information.
    Additional review also revealed necessary changes to address the 
unsafe condition. This SNPRM proposes to clarify that the compliance 
times of requirements continued from AD 2002-08-16 are effective after 
the effective date of AD 2002-08-16, clarify instances of life limits 
specified in calendar time that they are since initial installation of 
the tie bar on any helicopter, clarify one instance of a life limit 
that it is total hours TIS or calendar time--whichever occurs first, 
and add parts installation prohibitions. This SNPRM also updates the AD 
format. As a result, paragraph identifiers have changed, editorial 
changes have been made to meet current publishing requirements, and the 
proposed requirements have been revised by removing unnecessary 
information.
    The FAA's Aircraft Certification Service has also changed its 
organizational structure. The new structure replaces product 
directorates with functional divisions. The FAA has 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).
    Lastly, the identification of ``Directorate Identifier 2005-SW-08-
AD'' has been changed to ``Project Identifier MCAI-2021-00139-R.''

Comments

    The following discussion presents the comments received on the NPRM 
and the FAA's response.

Request

    One commenter opposed the proposed AD without requesting any 
changes to the NPRM or on the determination of the cost. The FAA has 
made no changes based on this comment.

FAA's Determination

    These helicopters have been approved by the European Union Aviation 
Safety Agency (EASA) and are approved for operation in the United 
States. Pursuant to the FAA's bilateral agreement with the European 
Union, the FAA has been notified about the unsafe condition described 
in the DGAC ADs. The FAA is proposing this AD after determining the 
unsafe condition described previously is likely to exist or develop in 
other helicopters of the same type designs. Certain changes described 
above expand the scope of the NPRM. As a result, it is necessary to 
reopen the comment period to provide additional opportunity for the 
public to comment on this SNPRM.

Related Service Information

    The FAA reviewed Eurocopter ASB 01.29 and Eurocopter AT No. 01.39, 
Revision 1, dated December 11, 2001. This service information specifies 
removing certain part-numbered tie bars at specified life limits.

Proposed AD Requirements in This SNPRM

    This proposed AD would require removing tie bars P/N 341A31-4904-
00, -01, -02, and -03; and 360A31-1097-02 and -03 from service and 
prohibit installing those part-numbered tie bars on any helicopter. 
This proposed AD would also initially require removing tie bars P/N 
341A31-4933-00 and -01; and 704A33-633-270 from service if they have 
accumulated or exceeded the specified life limit, and thereafter 
removing those part-numbered tie bars before accumulating the specified 
life limit.

Differences Between This SNPRM and the DGAC ADs

    For an affected tie bar that has accumulated 7 or more years since 
initial installation on any helicopter, DGAC AD 2001-587-041(A) R2 
requires removing the tie bar before next flight, whereas this proposed 
AD allows removal within 5 hours TIS instead.
    For an affected tie bar that has accumulated 15 or more years since 
initial installation on any helicopter, DGAC AD 2001-588-047(A) R1 
requires removing the tie bar before next flight, whereas this proposed 
AD does not. For an affected tie bar that has accumulated 7 or more 
years since initial installation on any helicopter, DGAC AD 2001-588-
047(A) R1 requires removing the tie bar before next flight, whereas 
this proposed AD allows removal within 5 hours TIS instead. DGAC AD 
2001-588-047(A) R1 allows a ferry flight not to exceed 5 hours to 
return the helicopter to a maintenance base, where as special flight 
permits are prohibited by this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 29 helicopters of U.S. Registry. Labor rates

[[Page 27325]]

are estimated at $85 per work-hour. Based on these numbers, the FAA 
estimates the following costs to comply with this proposed AD.
    Replacing a tie bar would take about 1.5 work-hours and parts would 
cost about $9,579 for an estimated cost of $9,707 per tie bar.

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, 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 2002-08-16, Amendment 39-12725 (67 
FR 19640, April 23, 2002); and
0
b. Adding the following new airworthiness directive:

Airbus Helicopters (Type Certificate Previously Held by Eurocopter 
France) and Eurocopter France: Docket No. FAA-2006-24733; Project 
Identifier MCAI-2021-00139-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by June 21, 2021.

(b) Affected ADs

    This AD replaces AD 2002-08-16, Amendment 39-12725 (67 FR 19640, 
April 23, 2002) (AD 2002-08-16).

(c) Applicability

    This AD applies to Airbus Helicopters (type certificate 
previously held by Eurocopter France) Model SA341G and SA342J and 
Eurocopter France Model SA-360C helicopters, certificated in any 
category, with a main rotor head torsion tie bar (tie bar), part 
number (P/N) 341A31-4904-00, -01, -02, -03; 341A31-4933-00, -01; 
360A31-1097-02, -03; or 704A33-633-270, installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6220, Main Rotor 
Head.

(e) Unsafe Condition

    This AD was prompted by an accident caused by the failure of a 
tie bar. The FAA is issuing this AD to prevent failure of a tie bar, 
which if not addressed, could result in loss of a main rotor blade 
and subsequent loss of control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) For tie bar P/N 341A31-4904-00, -01, -02, and -03; and 
360A31-1097-02 and -03, before further flight after May 8, 2002 (the 
effective date of AD 2002-08-16), remove the tie bar from service.
    (2) For each tie bar P/N 341A31-4933-00 and -01:
    (i) Before further flight after May 8, 2002 (the effective date 
of AD 2002-08-16), determine the date of initial installation on any 
helicopter, or if the date of initial installation cannot be 
determined, use the date of manufacture.
    (A) For a tie bar that has accumulated 7 or more years since 
initial installation on any helicopter, within 5 hours time-in-
service (TIS) after May 8, 2002 (the effective date of AD 2002-08-
16), remove the tie bar from service.
    (B) For a tie bar manufactured before 1995 that has accumulated 
less than 7 years since initial installation on any helicopter, 
before accumulating 7 years since initial installation on any 
helicopter, before accumulating 300 total hours TIS, or within 1 
year after May 8, 2002 (the effective date of AD 2002-08-16), 
whichever occurs first, remove the tie bar from service.
    (C) For a tie bar manufactured in 1995 or later that has 
accumulated less than 7 years since initial installation on any 
helicopter, before accumulating 7 years since initial installation 
on any helicopter, before accumulating 600 total hours TIS, or 
within 2 years after May 8, 2002 (the effective date of AD 2002-08-
16), whichever occurs first, remove the tie bar from service.
    (ii) Thereafter following paragraph (g)(2)(i) of this AD, remove 
any tie bar P/N 341A31-4933-00 and -01 from service as follows:
    (A) For a tie bar manufactured before 1995, remove the tie bar 
from service before accumulating 300 total hours TIS or 1 year since 
initial installation on any helicopter, whichever occurs first, and
    (B) For a tie bar manufactured in 1995 or later, remove the tie 
bar from service before accumulating 600 total hours TIS or 2 years 
since initial installation on any helicopter, whichever occurs 
first.
    (3) For tie bar P/N 704A33-633-270:
    (i) Before further flight after the effective date of this AD, 
determine the date of initial installation on any helicopter, or if 
the date of initial installation cannot be determined, use the date 
of manufacture.
    (ii) If the tie bar has accumulated 600 or more total hours TIS 
or 2 or more years since initial installation on any helicopter, 
whichever occurs first, before further flight, remove the tie bar 
from service.
    (iii) If the tie bar has accumulated less than 600 total hours 
TIS or 2 years since initial installation on any helicopter, 
whichever occurs first, remove the tie bar from service before 
accumulating 600 total hours TIS or 2 years since initial 
installation on any helicopter, whichever occurs first.
    (iv) Thereafter following paragraph (g)(3)(ii) or (iii) of this 
AD, remove any tie bar P/N 704A33-633-270 from service before 
accumulating 600 total hours TIS or 2 years since initial 
installation on any helicopter, whichever occurs first.
    (4) As of the effective date of this AD, do not install tie bar 
P/N 341A31-4904-00, -01, -02, or -03; or 360A31-1097-02 or -03, on 
any helicopter.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) 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

[[Page 27326]]

appropriate. If sending information directly to the manager of the 
International Validation Branch, send it to the attention of the 
person identified in paragraph (j)(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.

(j) 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) The subject of this AD is addressed in Direction Generale De 
L'Aviation Civile (France) ADs 2001-588-047(A) R1, dated December 
26, 2001, and 2001-587-041(A) R2, dated January 8, 2003. You may 
view those ADs on the internet at https://www.regulations.gov in the 
AD Docket.

    Issued on May 11, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-10352 Filed 5-19-21; 8:45 am]
BILLING CODE 4910-13-P


