[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50064-50066]
[FR Doc No: 2020-17824]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0444; FMCSA-2014-0212; FMCSA-2015-0321; FMCSA-
2018-0051; FMCSA-2018-0052; FMCSA-2018-0053]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for nine
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before September
16, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0444, Docket No. FMCSA-
2014-0212, Docket No. FMCSA-2015-0321, Docket No. FMCSA-2018-0051,
Docket No. FMCSA-2018-0052, or Docket No. FMCSA-2018-0052 using any of
the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2013-0444, FMCSA-2014-0212, FMCSA-2015-0321,
FMCSA-2018-0051, FMCSA-2018-0052, or FMCSA-2018-0052), indicate the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. You may submit
your comments and material online or by fax, mail, or hand delivery,
but please use only one of these means. FMCSA recommends that you
include your name and a mailing address, an email address, or a phone
number in the body of your document so that FMCSA can contact you if
there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2013-0444, FMCSA-2014-0212, FMCSA-2015-
0321, FMCSA-2018-0051, FMCSA-2018-0052, or FMCSA-2018-0052, in the
keyword box, and click ``Search.'' When the new screen appears, click
on the ``Comment Now!'' button and type your comment into the text box
on the following screen. Choose whether you are submitting your comment
as an individual or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2013-0444, FMCSA-2014-0212, FMCSA-2015-
0321, FMCSA-2018-0051, FMCSA-2018-0052, or FMCSA-2018-0052, in the
keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the internet, you may view the docket online by visiting
Docket Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To
be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Docket Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The nine individuals listed in this notice have requested renewal
of their exemptions from the epilepsy and seizure disorders prohibition
in Sec.  391.41(b)(8), in accordance with FMCSA procedures.
Accordingly, FMCSA has evaluated these applications for renewal on
their merits and decided to extend each exemption for a renewable 2-
year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the
nine applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The nine
drivers in this notice remain in good standing with the

Agency, have maintained their medical monitoring and have not exhibited
any medical issues that would compromise their ability to safely
operate a CMV during the previous 2-year exemption period. In addition,
for Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System and the Motor Carrier Management Information
System are searched for crash and violation data. For non-CDL holders,
the Agency reviews the driving records from the State Driver's
Licensing Agency. These factors provide an adequate basis for
predicting each driver's ability to continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period of 2 years is likely
to achieve a level of safety equal to that existing without the
exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of August
and are discussed below. As of August 1, 2020, and in accordance with
49 U.S.C. 31136(e) and 31315(b), the following eight individuals have
satisfied the renewal conditions for obtaining an exemption from the
epilepsy and seizure disorders prohibition in the FMCSRs for interstate
CMV drivers:

Brian Checkley (NJ)
Steven Ford (WI)
Paul Gomez (CA)
Thomas Ork (NY)
Milton Tatham (NV)
Phillip Moore (CT)
Joshua Thomas (MN)
Troy Nichols (TX)

    The drivers were included in docket number FMCSA-2013-0444, FMCSA-
2015-0321, FMCSA-2018-0051, FMCSA-2018-0052, and FMCSA-2018-0052. Their
exemptions are applicable as of August 1, 2020, and will expire on
August 1, 2022.
    As of August 28, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following individual has satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Terry Hamby (NC)

    This driver was included in docket number FMCSA-2014-0212. The
exemption is applicable as of August 28, 2020, and will expire on
August 28, 2022.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must remain seizure-free and maintain a stable
treatment during the 2-year exemption period; (2) each driver must
submit annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified ME, as defined by Sec.  390.5; and (4) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keep a copy of his/her
driver's qualification file if he/she is self-employed. The driver must
also have a copy of the exemption when driving, for presentation to a
duly authorized Federal, State, or local enforcement official. The
exemption will be rescinded if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based on its evaluation of the nine exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the epilepsy
and seizure disorders prohibition in Sec.  391.41(b)(8). In accordance
with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for
2 years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-17824 Filed 8-14-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33103-33105]
[FR Doc No: 2021-13128]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0254; Project Identifier MCAI-2020-00481-R;
Amendment 39-21595; AD 2021-12-08]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 D-2
helicopters. This AD was prompted by reports of chafing marks on the
wiring harness behind the middle side panels in the area of the front
passenger (PAX) panels. This AD requires inspecting, modifying, and
rerouting the wiring harness, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 29, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 29,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR information on the EASA
website at https://ad.easa.europa.eu. For service information
identified in this final rule, contact Airbus Helicopters, 2701 N Forum
Drive, Grand Prairie, TX 75052; telephone<PHONE_NUMBER> or (800) 232-
0323; fax<PHONE_NUMBER>; or at http://www.airbushelicopters.com/techpub. 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<PHONE_NUMBER>. It is also available in the AD docket
on the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0254.

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-
0254; 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 final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Blaine Williams, Aerospace Engineer,
Los Angeles ACO Branch, Compliance & Airworthiness Division, 3960
Paramount Blvd., Lakewood, CA 90712; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0305, dated December 17, 2019
(EASA AD 2019-0305), to correct an unsafe condition for all Airbus
Helicopters Deutschland GmbH Model MBB-BK117 D-2 helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus Helicopters
Deutschland GmbH Model MBB-BK117 D-2 helicopters. The NPRM published in
the Federal Register on April 2, 2021 (86 FR 17330). The NPRM was
prompted by reports of chafing marks on the wiring harness behind the
middle side panels in the area of the front PAX panels. The NPRM
proposed to require inspecting, modifying, and rerouting the wiring
harness, as specified in the EASA AD.
    The FAA is issuing this AD to prevent electrical failure of the
helicopter wiring harness. See the EASA AD for additional background
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0305 specifies inspecting the wiring harness installed
behind the front PAX panel of the left and right hand middle side
panels and depending on the results, repairing or modifying the wiring
harness. For a modified wiring harness, EASA AD 2019-0305 specifies
repetitively inspecting for damage.
    The FAA also reviewed Airbus Helicopters Alert Service Bulletin
(ASB) MBB-BK117 D-2-88A-003, Revision 1 and dated December 9, 2019 (ASB
MBB-BK117 D-2-88A-003). ASB MBB-BK117 D-2-88A-003 applies to Model MBB-
BK-117 D-2 and D-2m helicopters. This service information specifies
inspecting, repairing, and modifying the wiring harness installed
behind the front PAX panel of the left and right hand middle side
panels. 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.

Differences Between This AD and the EASA AD

    Where the EASA AD refers to flight hours, this AD uses hours time-
in-service (TIS) instead. Where the EASA AD allows a tolerance to the
compliance time of certain initial and repetitive inspections, this AD
requires a compliance time of within 440 hours TIS after modification
of an affected part for a certain initial inspection and thereafter at
intervals within 440 hours TIS for certain repetitive inspections
instead. Where the EASA AD requires repetitive inspections in
accordance with paragraph 3.B.8. of ASB MBB-BK117 D-2-88A-003, this AD
requires repetitive inspections in accordance with paragraph 3.B.9. of
ASB MBB-BK117 D-2-88A-003.

Costs of Compliance

    The FAA estimates that this AD affects 60 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 AD. Inspecting the wiring harness
takes about 6 work-hours for an estimated cost of $510 per helicopter
and $30,600 for the U.S. fleet, per inspection cycle. Modification
during the inspection of the wiring harness takes about 6 work-hours
for an estimated cost of $510 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

    This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
    (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 Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:

2021-12-08 Airbus Helicopters Deutschland GmbH (AHD): Amendment 39-
21595; Docket No. FAA-2021-0254; Project Identifier MCAI-2020-00481-
R.

(a) Effective Date

    This airworthiness directive (AD) is effective July 29, 2021.

((b) Affected Airworthiness Directives

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Deutschland GmbH (AHD)
Model MBB-BK 117 D-2 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 1497, Miscellaneous
Wiring.

(e) Reason

    This AD was prompted by reports of chafing marks found on the
wiring harness behind the middle side panels, in the area of the
front passenger panels. Further investigations identified low
clearance between the harness and the surrounding structure. Airbus
Helicopters identified the cause of the chafing marks as contact of
the harness with the front passenger panel screws. The FAA is
issuing this AD to prevent electrical failure of the helicopter
wiring harness.

(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 (EASA) AD
2019-0305, dated December 17, 2019 (EASA AD 2019-0305).

(h) Exceptions to EASA AD 2019-0305

    (1) Where EASA AD 2019-0305 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2019-0305 refers to flight hours (FH), this AD
requires using hours time-in-service (TIS).
    (3) Where paragraph (6) of EASA AD 2019-0305 specifies a
compliance time for the initial inspection of within 400 flight
hours after the modification of an affected part and thereafter at
intervals not exceeding 400 flight hours, plus a non-cumulative
tolerance of 40 flight hours, this AD requires a compliance time of
within 440 hours TIS after the modification of an affected part for
the initial inspection and thereafter at intervals not exceeding 440
hours TIS.
    (4) Where paragraph (6) of EASA AD specifies repetitive
inspections in accordance with paragraph 3.B.8. of the referenced
Alert Service Bulletin (ASB), this AD requires repetitive
inspections in accordance with paragraph 3.B.9. of ASB MBB-BK117 D-
2-88A-003, Revision 1 and dated December 9, 2019.
    (5) Where the service information referenced in EASA AD 2019-
0305 specifies to use tooling, equivalent tooling may be used.
    (6) The ``Remarks'' section of EASA AD 2019-0305 does not apply
to this AD.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed.

 (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) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (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

    For more information about this AD, contact Blaine Williams,
Aerospace Engineer, Los Angeles ACO Branch, Compliance &
Airworthiness Division, 3960 Paramount Blvd., Lakewood, CA 90712;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0305,
dated December 17, 2019.
    (ii) Airbus Helicopters Alert Service Bulletin ASB MBB-BK117 D-
2-88A-003, Revision 1, dated December 9, 2019.
    (3) For EASA AD 2019-0305, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) For Airbus Helicopters Alert Service Bulletin ASB MBB-BK117
D-2-88A-003, Revision 1, contact Airbus Helicopters, 2701 North
Forum Drive, Grand Prairie, TX 75052; telephone<PHONE_NUMBER> or
(800) 232-0323; fax<PHONE_NUMBER>; or at https://www.airbus.com/helicopters/services/technical-support.html.
    (5) 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<PHONE_NUMBER>. 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-
2021-0254.
    (6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 28, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-13128 Filed 6-23-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Rules and Regulations]
[Pages 11413-11415]
[FR Doc No: 2021-03662]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0983; Project Identifier MCAI-2020-00542-R;
Amendment 39-21404; AD 2021-03-01]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-05-
09, which applied to all Airbus Helicopters Model AS332C, AS332C1,
AS332L, and AS332L1 helicopters. AD 2018-05-09 required inspecting the
tail rotor (T/R) flapping hinge link (hinge) and reporting the results.
This AD requires repetitive inspections of the spindle bolts and the
inner ring and needle bearings of each flapping hinge, corrective
actions if necessary, and repetitive replacements of affected flapping
hinge components, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. Replacement of
all affected flapping hinge components on each flapping hinge is
terminating action for the repetitive inspections. This AD also expands
the applicability. This AD was prompted by a report of a damaged
flapping hinge on a T/R blade. The FAA is issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective April 1, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 1,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>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<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0983.

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-2020-
0983; 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 final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Daniel Moore, Aviation Safety
Engineer, Denver ACO Branch, Compliance & Airworthiness Division, FAA,
26805 E 68th Ave., Denver, CO 80249; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0086, dated April 14, 2020
(EASA AD 2020-0086) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, and
SA330J helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-05-09, Amendment 39-19218 (83 FR
10360, March 9, 2018) (AD 2018-05-09). AD 2018-05-09 applied to all
Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1
helicopters. The NPRM published in the Federal Register on November 4,
2020 (85 FR 70087). The NPRM was prompted by report of a damaged
flapping hinge on a T/R blade. The NPRM proposed to require repetitive
inspections of the spindle bolts and the inner ring and needle bearings
of each flapping hinge, corrective actions if necessary, and repetitive
replacements of affected flapping hinge components, as specified in an
EASA AD. Replacement of all affected flapping hinge components on each
flapping hinge is terminating action for the repetitive inspections.
The NPRM also proposed to expand the applicability.
    The FAA is issuing this AD to address failure of a T/R flapping
hinge. This condition could result in unbalance of the T/R, detachment
of the T/R gearbox and hub, and subsequent loss of control of the
helicopter. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0086 describes procedures for repetitive replacement
of the flapping hinge components and repetitive inspections of the
spindle bolts, inner ring, and needle bearings of each flapping hinge,
and corrective action. The inspection procedures include repetitive
inspections of the spindle bolts for cracking; repetitive inspections
of the inner ring for spalling, brinelling, and cracking; and
repetitive inspections of the needle bearings for spalling. The
corrective actions include replacement of any affected component with a
serviceable part. 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.

Differences Between This AD and the MCAI

    Although the service information referenced in EASA AD 2020-0086
specifies to return affected parts and submit a form to the
manufacturer, this AD does not include those requirements.
    Where paragraph (1) of EASA AD 2020-0086 refers to a compliance
time of ``within 25 flight hours or during the next scheduled 50 FH
inspection, whichever occurs later . . . ,'' for the initial
replacement, this AD requires completion within 25 hours time-in-
service after the effective date of this AD.

Costs of Compliance

    The FAA estimates that this AD affects 26 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680...........................         $11,630          $12,310         $320,060
----------------------------------------------------------------------------------------------------------------

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

    This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
    (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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 removing Airworthiness Directive (AD)
2018-05-09, Amendment 39-19218 (83 FR 10360, March 9, 2018), and adding
the following new AD:

2021-03-01 Airbus Helicopters: Amendment 39-21404; Docket No. FAA-
2020-0983; Project Identifier MCAI-2020-00542-R.

(a) Effective Date

    This Airworthiness Directive (AD) is effective April 1, 2021.

(b) Affected ADs

    This AD removes AD 2018-05-09, Amendment 39-19218 (83 FR 10360,
March 9, 2018) (AD 2018-05-09).

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS332C, AS332C1,
AS332L, AS332L1, and SA330J helicopters, certificated in any
category, all manufacturer serial numbers.

(d) Subject

    Joint Aircraft System Component (JASC) Codes 6420, Tail Rotor
Head; 6720, Tail Rotor Control System.

(e) Reason

    This AD was prompted by a report of a damaged flapping hinge
link (hinge) on a tail rotor (T/R) blade. The FAA is issuing this AD
to address failure of a T/R flapping hinge. This condition could
result in unbalance of the T/R, detachment of the T/R gearbox and
hub, and subsequent 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, European Union Aviation Safety Agency (EASA) AD
2020-0086, dated April 14, 2020 (EASA AD 2020-0086).

(h) Exceptions to EASA AD 2020-0086

    (1) Where EASA AD 2020-0086 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0086 does not apply
to this AD.
    (3) Although the service information referenced in EASA AD 2020-
0086 specifies to return affected parts and submit a form to the
manufacturer, this AD does not include those requirements.
    (4) Where paragraph (9) of EASA AD 2020-0086 refers to ``any
discrepancy,'' for the purposes of this AD, discrepancies include
spalling, brinelling, and cracking on the inner ring, and spalling
on the bearing needles.
    (5) Where EASA AD 2020-0086 refers to flight hours (FH), this AD
requires using hours time-in-service.

    (6) Where paragraph (1) of EASA AD 2020-0086 refers to a
compliance time of ``within 25 flight hours or during the next
scheduled 50 FH inspection, whichever occurs later . . . , '' for
the initial replacement, this AD requires completion within 25 hours
time-in-service after the effective date of this AD.

(i) 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: Manager, Strategic Policy Rotorcraft Section, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>    (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

    For more information about this AD, contact Daniel Moore,
Aviation Safety Engineer, Denver ACO Branch, Compliance &
Airworthiness Division, FAA, 26805 E 68th Ave., Denver, CO 80249;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0086,
dated April 14, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0086, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) 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<PHONE_NUMBER>. 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-
2020-0983.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-03662 Filed 2-24-21; 8:45 am]
BILLING CODE 4910-13-P