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).

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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, 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
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

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]

2. The FAA amends Sec. 39.13 by:

a. Removing Airworthiness Directive 2002-08-16, Amendment 39-12725 (67
FR 19640, April 23, 2002); and

b. Adding the following new airworthiness directive: