[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Proposed Rules]
[Pages 14281-14283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05196]


 ========================================================================
 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. 48 / Monday, March 15, 2021 / 
Proposed Rules  

[[Page 14281]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0016; Project Identifier 2019-SW-114-AD]
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 all Airbus Helicopters Model EC225LP helicopters. This proposed AD 
was prompted by reports of an oil leak from the main gearbox (MGB) 
during engine start up. This proposed AD would require modification and 
subsequent repetitive functional testing of the MGB emergency 
lubrication (EMLUB) system 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 April 29, 
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-2021-0016.

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-
0016; 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, 470 L'Enfant Plaza 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-2021-0016; Project Identifier 
2019-SW-114-AD'' 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, 470 
L'Enfant Plaza 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

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2016-0232, dated November 22, 
2016 (EASA AD 2016-0232), to correct an unsafe condition for Airbus 
Helicopters Model EC 225 LP helicopters. EASA later issued EASA AD No. 
2016-0232R1, dated December 12, 2019 (EASA AD 2016-0232R1), to revise 
EASA AD 2016-0232.
    This proposed AD was prompted by reports of oil leaks during engine 
starting, originating from the MGB. The FAA is proposing this AD to 
address inadvertent opening of the P 2.4 valve of the MGB EMLUB system, 
which results from pressurization by compressed air produced by the 
engine during starting in response to a signal from the EMLUB 
electronic control card. This condition, if not addressed, could result 
in loss of the MGB main lubrication system and reduced ability of the 
crew to manage adverse operating

[[Page 14282]]

conditions. See EASA AD 2016-0232R1 for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2016-0232R1 requires modifying the electrical control 
circuit of the MGB EMLUB system. After modifying, EASA AD 2016-0232R1 
requires a repetitive functional test of the MGB EMLUB system, and if 
there is a discrepancy, accomplishing corrective action(s). 
Accomplishing any corrective action(s) does not constitute terminating 
action for the repetitive functional tests.
    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 the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2016-0232R1, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this 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 2016-
0232R1 will be incorporated by reference in the FAA final rule. This 
proposed AD would, therefore, require compliance with EASA AD 2016-
0232R1 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 2016-0232R1 that is required for 
compliance with EASA AD 2016-0232R1 will be available on the internet 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0016 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    Where EASA AD 2016-0232R1 refers December 6, 2016 (the effective 
date of EASA AD 2016-0232), this proposed AD would require using the 
effective date of the final rule. EASA AD 2016-0232R1 allows an 
additional interval margin of 225 flight hours (FH), while this 
proposed AD does not. Where the service information referenced in the 
EASA AD requires contacting Airbus Helicopters for corrective action, 
this proposed AD would require accomplishing the corrective action 
using a method approved by the Manager, Strategic Policy Rotorcraft 
Section, FAA.

Costs of Compliance

    The FAA estimates that this proposed AD affects 24 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.
    Modifying the electrical control circuit of the MGB EMLUB system 
would take about 22 work-hours and parts would cost about $1,592, for 
an estimated cost of $3,462 per helicopter and $83,088 for the U.S. 
fleet.
    Functional testing of the EMLUB system would take about 12 work-
hours for an estimated cost of $1,020 per helicopter and $24,480 for 
U.S. fleet, per testing cycle.
    If the electrical functional test results in a need to replace the 
lubrication printed circuit board, the replacement time would take 2 
work-hours and the part would cost $5,150 per helicopter for an 
estimated cost of $5,320 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 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) Will not affect intrastate aviation in Alaska, and
    (3) Will 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.

[[Page 14283]]

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Airbus Helicopters: Docket No. FAA-2021-0016; Project Identifier 
2019-SW-114-AD.

(a) Comments Due Date

    The FAA must receive comments by April 29, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model EC225LP 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6397, Main Rotor 
Drive System Wiring.

(e) Reason

    This AD was prompted by reports of oil leaks during engine 
starting, originating from the main gearbox (MGB). The FAA is 
issuing this AD to address the inadvertent opening of the P 2.4 
valve of the MGB emergency lubrication (EMLUB) system, which results 
from MGB pressurization by compressed air produced by the engine 
during starting in response to a signal from the EMLUB electronic 
control card. This condition could result in loss of the MGB 
lubrication system and a reduced ability of the crew to manage 
adverse operating conditions.

(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 European Union Aviation Safety Agency AD No. 2016-
0232R1, dated December 12, 2019 (EASA AD 2016-0232R1).

(h) Exceptions to EASA AD 2016-0232R1

    (1) Where EASA AD 2016-0232R1 refers December 6, 2016 (the 
effective date of European Aviation Safety Agency AD No. 2016-0232, 
dated November 22, 2016), this AD requires using the effective date 
of this AD.
    (2) Where EASA AD 2016-0232R1 refers to flight hours (FH), this 
AD requires using hours time-in-service (TIS).
    (3) Where paragraph (2) of EASA AD 2016-0232R1 allows an 
additional interval margin of 225 FH, this AD does not. This AD 
requires accomplishing the functional tests within 600 hours TIS, 
and thereafter at intervals not to exceed 600 hours TIS.
    (4) Where the service information referenced in EASA AD 2016-
0232R1 requires contacting Airbus Helicopters technical support, 
this AD requires that the corrective action be accomplished using a 
method approved by the Manager, Strategic Policy Rotorcraft Section, 
FAA. The Manager's approval letter must specifically refer to this 
AD.
    (5) The ``Remarks'' section of EASA AD 2016-0232R1 does not 
apply to this AD.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
helicopter can be modified (if the operator elects to do so), 
provided the helicopter is operated under visual flight rules and 
without passengers only.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Strategic Policy Rotorcraft Section, 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 Strategic Policy Rotorcraft Section, 
send it to: Hal Jensen, Aerospace Engineer, Operational Safety 
Branch, FAA, 470 L'Enfant Plaza SW, Washington, DC 20024; telephone 
202-267-9167; email 9-ASW-FTW-AMOC-Requests@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 EASA AD 2016-0232R1, 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-2021-0016.
    (2) For more information about this AD, contact: Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, FAA, 470 L'Enfant 
Plaza SW, Washington, DC 20024; telephone 202-267-9167; email 
hal.jensen@faa.gov.

    Issued on January 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-05196 Filed 3-12-21; 8:45 am]
BILLING CODE 4910-13-P


