Airworthiness Directives; Airbus Helicopters, 78954-78957 [2020-26867]
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78954
Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Rules and Regulations
period in the year prior to the
assessment period.
(c) Is a top-tier foreign savings and
loan holding company on December 31
of the assessment period, with $100
billion or more in total consolidated
assets, as determined based on the
average of the foreign savings and loan
holding company’s total consolidated
assets reported for the assessment
period on the reporting forms applicable
during the assessment period, provided,
however, that if any such company has
filed only one reporting form during the
assessment period, the Board shall use
an average of the foreign savings and
loan holding company’s total
consolidated assets reported on that
reporting form and on the reporting
form for the corresponding period in the
year prior to the assessment period, or
(d) Is a nonbank financial company
supervised by the Board. 5. Section
246.4 is amended by revising paragraph
(c)(1) and by adding new paragraphs
(d)(3) and (4) to read as follows:
§ 246.4
Assessments.
*
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*
(c) Assessment rates. Assessment
rates means, with regard to a given
assessment period, the two rates
published by the Board for the
calculation of assessments for Category
IV and ‘‘other’’ firms and for Category I,
II, and III firms.
(1)(i) The assessment rate for Category
IV and ‘‘other’’ firms will be calculated
according to this formula:
Assessment rate = [(Net Assessment Basis × Category IV and ‘‘other’’ firms’ share of total assessable assets of all assessed companies) × (1¥S)]
Category IV and ‘‘other’’ firms’ total assessable assets
(ii) The assessment rate for Category
I, II, and III firms will be calculated
according to this formula:
Assessment rate = [(Net Assessment Basis × Category I, II, and III firms’ share of total assessable assets of all assessed companies) + (Net Assessment Basis ×
Category IV and ‘‘other’’ firms’ share of total assessable assets × S)]
Category I, II, and III firms’ total assessable assets
*
*
*
*
*
(d) * * *
(3) Net Assessment Basis is the
assessment basis, as defined by
paragraph (d)(2), net of the total $50,000
base amount charged to all assessed
companies. Net Assessment Basis =
assessment basis¥(number of assessed
companies × $50,000).
(4) The variable S represents the
estimated share of total costs
attributable to changes in supervisory
and regulatory responsibilities resulting
from EGRRCPA for Category IV and
‘‘other’’ firms. S = 0.1 (10 percent).
*
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SUMMARY: The FAA is superseding
Airworthiness Directive (AD) 2018–26–
02 for Airbus Helicopters (previously
Eurocopter France) Model AS350B3,
EC130B4, and EC130T2 helicopters. AD
2018–26–02 required inspecting the
pilot’s and co-pilot’s throttle twist for
proper operation. This new AD retains
the requirements of AD 2018–26–02 and
adds calendar time compliance times for
the required actions. This AD was
prompted by a public comment that
prompted additional review. The
actions of this AD are intended to
address an unsafe condition on these
products.
By order of the Board of Governors of the
Federal Reserve System.
Ann Misback,
Secretary of the Board.
DATES:
[FR Doc. 2020–25623 Filed 12–7–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0570; Product
Identifier 2019–SW–121–AD; Amendment
39–21337; AD 2020–24–07]
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RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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This AD is effective January 12,
2021.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of February 2, 2017 (81 FR 95854,
December 29, 2016), and January 30,
2019 (83 FR 66093, December 26, 2018).
For service information
identified in this final rule, 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 the
view this referenced service information
at the FAA, Office of the Regional
Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N–321, Fort
Worth, TX 76177. It is also available on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0570.
ADDRESSES:
PO 00000
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Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov in Docket No.
FAA–2020–0570; 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
AD, the European Aviation Safety
Agency (now European Union Aviation
Safety Agency) (EASA) AD, any service
information that is incorporated by
reference, any comments received, and
other information. The street 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:
George Schwab, Aviation Safety
Engineer, Safety Management Section,
Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone 817–222–5110; email
george.schwab@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to remove AD 2018–26–02,
Amendment 39–19532 (83 FR 66093,
December 26, 2018) (AD 2018–26–02),
and add a new AD. AD 2018–26–02
applied to Airbus Helicopters Model
AS350B3 and EC130B4 helicopters with
an ARRIEL 2B1 engine with the twochannel Full Authority Digital Engine
Control (FADEC) and with new twist
grip modification (MOD) 073254 (for
Model AS350B3 helicopters) or MOD
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Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Rules and Regulations
073773 (for Model EC130B4 helicopters)
installed, and Model AS350B3 and
EC130T2 helicopters with an ARRIEL
2D engine installed. The NPRM
published in the Federal Register on
June 11, 2020 (85 FR 35604). The NPRM
proposed to retain the inspection
requirements of AD 2018–26–02 and
include inspecting the wiring,
performing an insulation test, inspecting
the pilot and copilot throttle twist grip
controls, and testing the pilot and
copilot throttle twist grip controls for
proper functioning. The NPRM also
proposed to include calendar
compliance times for the repetitive
inspections at intervals depending on
operating conditions.
AD 2018–26–02 was prompted by
EASA AD No. 2017–0059, dated April 6,
2017, issued by EASA, which is the
Technical Agent for the Member States
of the European Union. EASA advised
that the switches in the engine ‘‘IDLE’’
or ‘‘FLIGHT’’ control system could be
affected by the corrosive effects of a saltladen atmosphere, which could lead to
engine power loss. EASA advised that
this condition, if not detected and
corrected, could, in case of failure of the
other switch, prevent the pilot from
switching from ‘‘IDLE’’ to ‘‘FLIGHT’’
mode during training of autorotation
landing, making aborting the
autorotation impossible, resulting in
unintended touchdown.
Actions Since AD 2018–26–02 Was
Issued
After AD 2018–26–02 was issued, the
FAA received comments from one
commenter requesting the FAA clarify
why the compliance time for the
repetitive inspections required in AD
2018–26–02 was given in terms of hours
time-in-service (TIS) without also
requiring calendar compliance times.
The commenter stated that a lot of
operators do not operate their aircraft
660 hours TIS in a year and asked
whether the FAA is concerned with
calendar time. The FAA agreed; since
the unsafe condition involves corrosion,
which has a direct relationship between
calendar time and airworthiness, it is
necessary to add calendar time
compliance times for all required
actions including the repetitive
inspections.
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Comments
The FAA gave the public the
opportunity to participate in developing
this final rule, but the FAA did not
receive any comments on the NPRM or
on the determination of the cost to the
public.
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FAA’s Determination
These helicopters have been approved
by EASA and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the
European Union, EASA has notified the
FAA of the unsafe condition described
in its AD. The FAA is issuing this AD
after evaluating all of the information
provided by EASA and determining the
unsafe condition exists and is likely to
exist or develop on other helicopters of
the same type designs and that air safety
and the public interest require adopting
the AD requirements as proposed.
Interim Action
The FAA considers this AD to be an
interim action. If final action is later
identified, the FAA might consider
further rulemaking then.
Differences Between This AD and the
EASA AD
The EASA AD requires the initial
inspections within 10 flight hours or 7
days; this AD requires compliance
before the next autorotation training
flight, 100 hours TIS, or 6 months,
whichever occurs earlier, as the unsafe
condition only occurs when
transitioning the throttle in-flight from
flight to idle and back to flight, such as
during a practice autorotation.
Additionally, the EASA AD requires
installing Airbus Helicopters MOD
074263; this AD does not as it does not
correct the unsafe condition.
Related Service Information Under 1
CFR Part 51
The FAA reviewed one document that
co-publishes three Airbus Helicopters
Emergency Alert Service Bulletin
(EASB) identification numbers: No.
05.00.61, Revision 3, dated June 15,
2015, for Model AS350B3 helicopters;
No. 05.00.41, Revision 2, dated June 15,
2015, for the non-FAA type certificated
Model AS550C3 helicopter; and No.
05A009, Revision 3, dated June 15,
2015, for Model EC130B4 helicopters.
EASB Nos. 05.00.61 and 05A009 are
incorporated by reference in AD 2018–
26–02 and are retained for the
requirements of this AD. EASB No.
05.00.41 is not incorporated by
reference in AD 2018–26–02 and is not
incorporated by reference in this AD.
This service information applies to
helicopters with an ARRIEL 2B1 engine
installed and describes procedures for a
functional check and installation of
protection for micro-contacts
(microswitches) 53Ka, 53Kb, and 65K
(IDLE/FLIGHT mode).
The FAA also reviewed one document
that co-publishes three Airbus
Helicopters EASB identification
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78955
numbers: No. 05.00.77, Revision 1,
dated June 15, 2015, for Model AS350B3
helicopters; No. 05.00.52, Revision 1,
dated June 15, 2015, for the non-FAA
type certificated Model AS550C3
helicopter; and No. 05A014, Revision 1,
dated June 15, 2015, for Model EC130T2
helicopters. EASB Nos. 05.00.77 and
05A014 are incorporated by reference in
AD 2018–26–02 and are retained for the
requirements of this AD. EASB No.
05.00.52 is not incorporated by
reference in AD 2018–26–02 and is not
incorporated by reference in this AD.
This service information applies to
helicopters with an ARRIEL 2D engine
installed and describes procedures for a
check of the protection for microcontacts (microswitches) 53Ka, 53Kb,
and 65K (IDLE/FLIGHT mode).
This service information 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.
Costs of Compliance
The FAA estimates that this AD
affects 617 helicopters of U.S. Registry.
The FAA estimates that operators may
incur the following costs in order to
comply with this AD. Labor costs are
estimated at $85 per work-hour.
Inspecting the wiring, performing an
insulation test, inspecting the pilot and
copilot throttle twist grip controls, and
testing the pilot and copilot throttle
twist grip controls takes about 4 workhours, for an estimated cost of $340 per
helicopter and $209,780 for the U.S.
fleet per inspection cycle.
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.
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Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Rules and Regulations
Regulatory Findings
The FAA has determined that 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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2018–26–02, Amendment 39–
19532 (83 FR 66093, December 26,
2018); and
■ b. Adding the following new AD:
■
■
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2020–24–07 Airbus Helicopters:
Amendment 39–21337; Docket No.
FAA–2020–0570; Product Identifier
2019–SW–121–AD.
(a) Applicability
This airworthiness directive (AD) applies
to the following Airbus Helicopters,
certificated in any category:
(1) Model AS350B3 helicopters with an
ARRIEL 2B1 engine with the two-channel
Full Authority Digital Engine Control
(FADEC) and with new twist grip
modification (MOD) 073254 or with an
ARRIEL 2D engine installed;
(2) Model EC130B4 helicopters with an
ARRIEL 2B1 engine with the two-channel
FADEC and with new twist grip MOD 073773
installed; and
(3) Model EC130T2 helicopters with an
ARRIEL 2D engine installed.
(b) Unsafe Condition
This AD defines the unsafe condition as
failure of one of the two contactors, 53Ka or
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53Kb, which can prevent switching from
‘‘IDLE’’ mode to ‘‘FLIGHT’’ mode during
autorotation training making it impossible to
recover from a practice autorotation and
compelling the pilot to continue the
autorotation to the ground. This condition
could result in unintended touchdown to the
ground at a flight-idle power setting during
a practice autorotation, damage to the
helicopter, and injury to occupants.
(c) Affected ADs
This AD replaces AD 2018–26–02,
Amendment 39–19532 (83 FR 66093,
December 26, 2018).
(d) Effective Date
This AD becomes effective January 12,
2021.
(e) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(f) Required Actions
(1) Before the next practice autorotation,
within 100 hours time-in-service (TIS), or 6
months, whichever occurs first, inspect the
wiring, perform an insulation test, inspect
the pilot and copilot throttle twist grip
controls, and test the pilot and copilot
throttle twist grip controls for proper
functioning by following the
Accomplishment Instructions, paragraph
3.B.1 through 3.B.6, of Airbus Helicopters
Emergency Alert Service Bulletin (EASB) No.
05.00.61, Revision 3, dated June 15, 2015, for
Model AS350B3 helicopters with an ARRIEL
2B1 engine; EASB No. 05.00.77, Revision 1,
dated June 15, 2015, for Model AS350B3
helicopters with an ARRIEL 2D engine; EASB
No. 05A009, Revision 3, dated June 15, 2015,
for Model EC130B4 helicopters; or EASB No.
05A014, Revision 1, dated June 15, 2015, for
Model EC130T2 helicopters, as appropriate
for your model helicopter.
(2) Repeat the inspections in paragraph
(f)(1) of this AD at intervals not to exceed the
following compliance times. For purposes of
this AD, salt laden conditions exist when a
helicopter performs a flight from a takeoff
and landing area, heliport, or airport less
than 0.5 statute mile from salt water or
performs a flight within 0.5 statute mile from
salt water below an altitude of 1,000 ft. above
ground or sea level.
(i) For helicopters that have operated in
salt laden conditions since the previous
inspection required by this AD, at intervals
not to exceed 330 hours TIS or 6 months,
whichever occurs first.
(ii) For helicopters that have not operated
in salt laden conditions since the previous
inspection required by this AD, at intervals
not to exceed 660 hours TIS or 12 months,
whichever occurs first.
(g) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this
AD. Send your proposal to: George Schwab,
Aviation Safety Engineer, Safety Management
Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Parkway, Fort Worth, Texas
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76177; telephone 817–222–5110; email 9ASW-FTW-AMOC-Requests@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office, before
operating any aircraft complying with this
AD through an AMOC.
(h) Additional Information
The subject of this AD is addressed in
European Aviation Safety Agency (now
European Union Aviation Safety Agency) AD
No. 2017–0059, dated April 6, 2017. You may
view the EASA AD on the internet at https://
www.regulations.gov in Docket No. FAA–
2020–0570.
(i) Subject
Joint Aircraft Service Component (JASC)
Code: 7697, Engine Control System Wiring.
(j) 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 the AD specifies otherwise.
(3) The following service information was
approved for IBR on February 2, 2017 (81 FR
95854, December 29, 2016).
(i) Airbus Helicopters Emergency Alert
Service Bulletin (EASB) No. 05.00.61,
Revision 3, dated June 15, 2015.
(ii) Airbus Helicopters EASB No. 05A009,
Revision 3, dated June 15, 2015.
Note 1 to paragraph (j)(3): Airbus
Helicopters EASB Nos. 05.00.61 and 05A009,
both Revision 3 and dated June 15, 2015, are
co-published as one document along with
Airbus Helicopters EASB No. 05.00.41,
Revision 2, dated June 15, 2015, which is not
incorporated by reference in this AD.
(4) The following service information was
approved for IBR on January 30, 2019 (83 FR
66093, December 26, 2018).
(i) Airbus Helicopters EASB No. 05.00.77,
Revision 1, dated June 15, 2015.
(ii) Airbus Helicopters EASB No. 05A014,
Revision 1, dated June 15, 2015.
Note 2 to paragraph (j)(4): Airbus
Helicopters EASB Nos. 05.00.77 and 05A014,
both Revision 1 and dated June 15, 2015, are
co-published as one document along with
Airbus Helicopters EASB No. 05.00.52,
Revision 1, dated June 15, 2015, which is not
incorporated by reference in this AD.
(5) For service information identified in
this AD, 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.
(6) 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.
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(7) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on November 17, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–26867 Filed 12–7–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 100
[Docket No. FR–6138–F–02]
RIN 2529–AA99
Fair Housing Act Design and
Construction Requirements; Adoption
of Additional Safe Harbors
Office of the Assistant
Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Final rule.
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AGENCY:
SUMMARY: This rule amends HUD’s Fair
Housing Act design and construction
regulations by incorporating by
reference the 2009 edition of the
International Code Council (ICC)
Accessible and Usable Buildings and
Facilities (ICC A117.1–2009) standard,
as a safe harbor. The Accessible and
Usable Buildings and Facilities standard
is a technical standard for the design of
facilities that are accessible to persons
with disabilities. This rule also
designates the 2009, 2012, 2015 and
2018 editions of the International
Building Code (IBC) as safe harbors
under the Fair Housing Act. The IBC is
a model building code and not law, but
it was adopted as law by various states
and localities. The IBC provides
minimum standards for public safety,
health, and welfare as they are affected
by building construction.
DATES: Effective Date: March 8, 2021.
The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register as of March 8, 2021. The
incorporation by reference of certain
other publications listed in the rule is
approved by the Director of the Federal
Register as of November 24, 2008.
FOR FURTHER INFORMATION CONTACT:
Lynn Grosso, Director, Office of
Enforcement, Office of Fair Housing and
Equal Opportunity, Department of
Housing and Urban Development, 451
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16:00 Dec 07, 2020
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Seventh Street SW, Washington, DC
20410–2000; telephone number (202)
708–2333 (this is not a toll-free
number). Hearing- or speech-impaired
individuals may access this number via
TTY by calling the toll-free Federal
Information Relay Service at (800) 877–
8339.
SUPPLEMENTARY INFORMATION:
I. Background
Title VIII of the Civil Rights Act of
1968, as amended, (42 U.S.C. 3601 et
seq.) (the ‘‘Fair Housing Act’’ or ‘‘Act’’)
prohibits discrimination in housing and
housing-related transactions based on
race, color, religion, national origin, sex,
disability and familial status.1 The Act
provides, inter alia, that unlawful
discrimination against persons with
disabilities includes the failure to
design and construct covered
multifamily dwellings for first
occupancy after March 13, 1991, in a
manner that ‘‘(1) the public and
common use portions of such dwellings
are readily accessible to and usable by
handicapped persons; (2) all the doors
designed to allow passage into and
within all premises within such
dwellings are sufficiently wide to allow
passage by handicapped persons in
wheelchairs; and (3) all premises within
such dwellings contain the following
features of adaptive design: (a) An
accessible route into and through the
dwelling; (b) light switches, electrical
outlets, thermostats, and other
environmental controls in accessible
locations; (c) reinforcements in
bathroom walls to allow later
installation of grab bars; and (d) usable
kitchens and bathrooms such that an
individual in a wheelchair can
maneuver about the space.’’ 2 The Fair
Housing Act does not contain specific
technical design criteria that need to be
followed to comply with the design and
construction requirements. It does
provide, however, that compliance with
the appropriate requirements of the
‘‘American National Standard for
buildings and facilities providing
accessibility and usability for physically
handicapped people (commonly
referred to as ANSI A117.1), suffices to
satisfy the requirements of [42 U.S.C.
3604(f)(3)(C)(iii)],’’ which states the
Act’s design and construction
1 The Fair Housing Act refers to people with
‘‘handicaps.’’ Subsequently, in the Americans with
Disabilities Act of 1990 and other legislation,
Congress adopted the term ‘‘persons with
disabilities’’ or ‘‘disability,’’ which is the preferred
usage. Accordingly, this document hereinafter uses
the terms ‘‘persons with disabilities,’’ ‘‘disability,’’
or ‘‘disabled,’’ unless directly quoting the Fair
Housing Act.
2 42 U.S.C. 3604(f)(3)(C).
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requirements for the interiors of covered
multifamily dwellings.
The Fair Housing Act directs HUD to
‘‘provide technical assistance to states
and units of local government and other
persons to implement [the design and
construction requirements].’’ 3 On
March 6, 1991 (56 FR 9472), HUD
published the ‘‘Final Fair Housing
Accessibility Guidelines’’ which set
forth specific technical guidance for
designing covered multifamily
dwellings to be consistent with the Act.
Section I of the Guidelines states,
‘‘[t]hese guidelines are intended to
provide a safe harbor for compliance
with the accessibility requirements of
the Fair Housing Act.’’ On June 24, 1994
(59 FR 33362), HUD published its
‘‘Supplement to Notice of Fair Housing
Accessibility Guidelines: Questions and
Answers about the Guidelines.’’ HUD
published a Fair Housing Act Design
Manual (Design Manual) in 1996 that
was reissued in 1998 with minor
changes. The Design Manual is also a
safe harbor for compliance with the
Act.4
Since HUD published its Fair Housing
Act final rule on January 23, 1989 (54
FR 3232), the ANSI A117.1 accessibility
standard has been updated several
times. HUD, as a member of the A117
Committee that updates the A117.1
standard, participates in these updates.
HUD also periodically reviewed these
updated standards, as part of its
mandate to provide technical assistance
to state and local governments to
incorporate the Act’s design and
construction requirements into their
laws and procedures for review and
approval of newly constructed
multifamily dwellings. HUD published
a final rule on October 24, 2008 (73 FR
63614) that incorporated by reference
ICC/ANSI–2003 and clarified that
compliance with the appropriate
requirements of CABO/ANSI A117.1–
1992 and ICC/ANSI–1998 continued to
meet the design and construction
requirements of the Fair Housing Act.
See 24 CFR 100.201a(b)(1). The 2008
final rule also updated the regulations to
reference certain editions of the IBC as
safe harbors for compliance with the
accessibility requirements in the Fair
Housing Act. HUD’s final rule codified
these additional design and
construction standards that HUD
recognized as safe harbors at
§ 100.205(e).
3 42
U.S.C. 3604(f)(5)(C).
Fair Housing Design Manual, August 1996,
revised 1998, is available at https://
www.huduser.gov/portal/publications/PDF/
FAIRHOUSING/fairfull.pdf.
4 The
E:\FR\FM\08DER1.SGM
08DER1
]]>Agencies
[Federal Register Volume 85, Number 236 (Tuesday, December 8, 2020)]
[Rules and Regulations]
[Pages 78954-78957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26867]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0570; Product Identifier 2019-SW-121-AD; Amendment
39-21337; AD 2020-24-07]
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) 2018-26-02
for Airbus Helicopters (previously Eurocopter France) Model AS350B3,
EC130B4, and EC130T2 helicopters. AD 2018-26-02 required inspecting the
pilot's and co-pilot's throttle twist for proper operation. This new AD
retains the requirements of AD 2018-26-02 and adds calendar time
compliance times for the required actions. This AD was prompted by a
public comment that prompted additional review. The actions of this AD
are intended to address an unsafe condition on these products.
DATES: This AD is effective January 12, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 2,
2017 (81 FR 95854, December 29, 2016), and January 30, 2019 (83 FR
66093, December 26, 2018).
ADDRESSES: For service information identified in this final rule,
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 the view this referenced service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. It is also available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0570.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov in Docket No. FAA-2020-0570; 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 AD, the European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD,
any service information that is incorporated by reference, any comments
received, and other information. The street 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: George Schwab, Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110;
email [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to remove AD 2018-26-02, Amendment 39-19532 (83 FR 66093,
December 26, 2018) (AD 2018-26-02), and add a new AD. AD 2018-26-02
applied to Airbus Helicopters Model AS350B3 and EC130B4 helicopters
with an ARRIEL 2B1 engine with the two-channel Full Authority Digital
Engine Control (FADEC) and with new twist grip modification (MOD)
073254 (for Model AS350B3 helicopters) or MOD
[[Page 78955]]
073773 (for Model EC130B4 helicopters) installed, and Model AS350B3 and
EC130T2 helicopters with an ARRIEL 2D engine installed. The NPRM
published in the Federal Register on June 11, 2020 (85 FR 35604). The
NPRM proposed to retain the inspection requirements of AD 2018-26-02
and include inspecting the wiring, performing an insulation test,
inspecting the pilot and copilot throttle twist grip controls, and
testing the pilot and copilot throttle twist grip controls for proper
functioning. The NPRM also proposed to include calendar compliance
times for the repetitive inspections at intervals depending on
operating conditions.
AD 2018-26-02 was prompted by EASA AD No. 2017-0059, dated April 6,
2017, issued by EASA, which is the Technical Agent for the Member
States of the European Union. EASA advised that the switches in the
engine ``IDLE'' or ``FLIGHT'' control system could be affected by the
corrosive effects of a salt-laden atmosphere, which could lead to
engine power loss. EASA advised that this condition, if not detected
and corrected, could, in case of failure of the other switch, prevent
the pilot from switching from ``IDLE'' to ``FLIGHT'' mode during
training of autorotation landing, making aborting the autorotation
impossible, resulting in unintended touchdown.
Actions Since AD 2018-26-02 Was Issued
After AD 2018-26-02 was issued, the FAA received comments from one
commenter requesting the FAA clarify why the compliance time for the
repetitive inspections required in AD 2018-26-02 was given in terms of
hours time-in-service (TIS) without also requiring calendar compliance
times. The commenter stated that a lot of operators do not operate
their aircraft 660 hours TIS in a year and asked whether the FAA is
concerned with calendar time. The FAA agreed; since the unsafe
condition involves corrosion, which has a direct relationship between
calendar time and airworthiness, it is necessary to add calendar time
compliance times for all required actions including the repetitive
inspections.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule, but the FAA did not receive any comments on
the NPRM or on the determination of the cost to the public.
FAA's Determination
These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA of the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all of the information provided by EASA and determining the
unsafe condition exists and is likely to exist or develop on other
helicopters of the same type designs and that air safety and the public
interest require adopting the AD requirements as proposed.
Interim Action
The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking then.
Differences Between This AD and the EASA AD
The EASA AD requires the initial inspections within 10 flight hours
or 7 days; this AD requires compliance before the next autorotation
training flight, 100 hours TIS, or 6 months, whichever occurs earlier,
as the unsafe condition only occurs when transitioning the throttle in-
flight from flight to idle and back to flight, such as during a
practice autorotation.
Additionally, the EASA AD requires installing Airbus Helicopters
MOD 074263; this AD does not as it does not correct the unsafe
condition.
Related Service Information Under 1 CFR Part 51
The FAA reviewed one document that co-publishes three Airbus
Helicopters Emergency Alert Service Bulletin (EASB) identification
numbers: No. 05.00.61, Revision 3, dated June 15, 2015, for Model
AS350B3 helicopters; No. 05.00.41, Revision 2, dated June 15, 2015, for
the non-FAA type certificated Model AS550C3 helicopter; and No. 05A009,
Revision 3, dated June 15, 2015, for Model EC130B4 helicopters. EASB
Nos. 05.00.61 and 05A009 are incorporated by reference in AD 2018-26-02
and are retained for the requirements of this AD. EASB No. 05.00.41 is
not incorporated by reference in AD 2018-26-02 and is not incorporated
by reference in this AD. This service information applies to
helicopters with an ARRIEL 2B1 engine installed and describes
procedures for a functional check and installation of protection for
micro-contacts (microswitches) 53Ka, 53Kb, and 65K (IDLE/FLIGHT mode).
The FAA also reviewed one document that co-publishes three Airbus
Helicopters EASB identification numbers: No. 05.00.77, Revision 1,
dated June 15, 2015, for Model AS350B3 helicopters; No. 05.00.52,
Revision 1, dated June 15, 2015, for the non-FAA type certificated
Model AS550C3 helicopter; and No. 05A014, Revision 1, dated June 15,
2015, for Model EC130T2 helicopters. EASB Nos. 05.00.77 and 05A014 are
incorporated by reference in AD 2018-26-02 and are retained for the
requirements of this AD. EASB No. 05.00.52 is not incorporated by
reference in AD 2018-26-02 and is not incorporated by reference in this
AD. This service information applies to helicopters with an ARRIEL 2D
engine installed and describes procedures for a check of the protection
for micro-contacts (microswitches) 53Ka, 53Kb, and 65K (IDLE/FLIGHT
mode).
This service information 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.
Costs of Compliance
The FAA estimates that this AD affects 617 helicopters of U.S.
Registry. The FAA estimates that operators may incur the following
costs in order to comply with this AD. Labor costs are estimated at $85
per work-hour.
Inspecting the wiring, performing an insulation test, inspecting
the pilot and copilot throttle twist grip controls, and testing the
pilot and copilot throttle twist grip controls takes about 4 work-
hours, for an estimated cost of $340 per helicopter and $209,780 for
the U.S. fleet per inspection cycle.
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.
[[Page 78956]]
Regulatory Findings
The FAA has determined that 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:
0
a. Removing Airworthiness Directive (AD) 2018-26-02, Amendment 39-19532
(83 FR 66093, December 26, 2018); and
0
b. Adding the following new AD:
2020-24-07 Airbus Helicopters: Amendment 39-21337; Docket No. FAA-
2020-0570; Product Identifier 2019-SW-121-AD.
(a) Applicability
This airworthiness directive (AD) applies to the following
Airbus Helicopters, certificated in any category:
(1) Model AS350B3 helicopters with an ARRIEL 2B1 engine with the
two-channel Full Authority Digital Engine Control (FADEC) and with
new twist grip modification (MOD) 073254 or with an ARRIEL 2D engine
installed;
(2) Model EC130B4 helicopters with an ARRIEL 2B1 engine with the
two-channel FADEC and with new twist grip MOD 073773 installed; and
(3) Model EC130T2 helicopters with an ARRIEL 2D engine
installed.
(b) Unsafe Condition
This AD defines the unsafe condition as failure of one of the
two contactors, 53Ka or 53Kb, which can prevent switching from
``IDLE'' mode to ``FLIGHT'' mode during autorotation training making
it impossible to recover from a practice autorotation and compelling
the pilot to continue the autorotation to the ground. This condition
could result in unintended touchdown to the ground at a flight-idle
power setting during a practice autorotation, damage to the
helicopter, and injury to occupants.
(c) Affected ADs
This AD replaces AD 2018-26-02, Amendment 39-19532 (83 FR 66093,
December 26, 2018).
(d) Effective Date
This AD becomes effective January 12, 2021.
(e) Compliance
You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.
(f) Required Actions
(1) Before the next practice autorotation, within 100 hours
time-in-service (TIS), or 6 months, whichever occurs first, inspect
the wiring, perform an insulation test, inspect the pilot and
copilot throttle twist grip controls, and test the pilot and copilot
throttle twist grip controls for proper functioning by following the
Accomplishment Instructions, paragraph 3.B.1 through 3.B.6, of
Airbus Helicopters Emergency Alert Service Bulletin (EASB) No.
05.00.61, Revision 3, dated June 15, 2015, for Model AS350B3
helicopters with an ARRIEL 2B1 engine; EASB No. 05.00.77, Revision
1, dated June 15, 2015, for Model AS350B3 helicopters with an ARRIEL
2D engine; EASB No. 05A009, Revision 3, dated June 15, 2015, for
Model EC130B4 helicopters; or EASB No. 05A014, Revision 1, dated
June 15, 2015, for Model EC130T2 helicopters, as appropriate for
your model helicopter.
(2) Repeat the inspections in paragraph (f)(1) of this AD at
intervals not to exceed the following compliance times. For purposes
of this AD, salt laden conditions exist when a helicopter performs a
flight from a takeoff and landing area, heliport, or airport less
than 0.5 statute mile from salt water or performs a flight within
0.5 statute mile from salt water below an altitude of 1,000 ft.
above ground or sea level.
(i) For helicopters that have operated in salt laden conditions
since the previous inspection required by this AD, at intervals not
to exceed 330 hours TIS or 6 months, whichever occurs first.
(ii) For helicopters that have not operated in salt laden
conditions since the previous inspection required by this AD, at
intervals not to exceed 660 hours TIS or 12 months, whichever occurs
first.
(g) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Rotorcraft Standards Branch, FAA, may approve
AMOCs for this AD. Send your proposal to: George Schwab, Aviation
Safety Engineer, Safety Management Section, Rotorcraft Standards
Branch, FAA, 10101 Hillwood Parkway, Fort Worth, Texas 76177;
telephone 817-222-5110; email [email protected].
(2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or lacking a principal
inspector, the manager of the local flight standards district office
or certificate holding district office, before operating any
aircraft complying with this AD through an AMOC.
(h) Additional Information
The subject of this AD is addressed in European Aviation Safety
Agency (now European Union Aviation Safety Agency) AD No. 2017-0059,
dated April 6, 2017. You may view the EASA AD on the internet at
https://www.regulations.gov in Docket No. FAA-2020-0570.
(i) Subject
Joint Aircraft Service Component (JASC) Code: 7697, Engine
Control System Wiring.
(j) 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 the AD specifies otherwise.
(3) The following service information was approved for IBR on
February 2, 2017 (81 FR 95854, December 29, 2016).
(i) Airbus Helicopters Emergency Alert Service Bulletin (EASB)
No. 05.00.61, Revision 3, dated June 15, 2015.
(ii) Airbus Helicopters EASB No. 05A009, Revision 3, dated June
15, 2015.
Note 1 to paragraph (j)(3): Airbus Helicopters EASB Nos.
05.00.61 and 05A009, both Revision 3 and dated June 15, 2015, are
co-published as one document along with Airbus Helicopters EASB No.
05.00.41, Revision 2, dated June 15, 2015, which is not incorporated
by reference in this AD.
(4) The following service information was approved for IBR on
January 30, 2019 (83 FR 66093, December 26, 2018).
(i) Airbus Helicopters EASB No. 05.00.77, Revision 1, dated June
15, 2015.
(ii) Airbus Helicopters EASB No. 05A014, Revision 1, dated June
15, 2015.
Note 2 to paragraph (j)(4): Airbus Helicopters EASB Nos.
05.00.77 and 05A014, both Revision 1 and dated June 15, 2015, are
co-published as one document along with Airbus Helicopters EASB No.
05.00.52, Revision 1, dated June 15, 2015, which is not incorporated
by reference in this AD.
(5) For service information identified in this AD, 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.
(6) 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.
[[Page 78957]]
(7) You may view this service information 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 protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on November 17, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-26867 Filed 12-7-20; 8:45 am]
BILLING CODE 4910-13-P
