[Federal Register Volume 85, Number 240 (Monday, December 14, 2020)]
[Proposed Rules]
[Pages 80689-80693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27416]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1123; Project Identifier MCAI-2020-01294-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2016-23-05, which applies to certain Airbus Helicopters Model SA-365N1, 
AS-365N2, AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters. AD 
2016-23-05 requires repetitive checks of the oil level of the tail 
rotor gearbox and, if necessary, filling the oil to the

[[Page 80690]]

maximum level; and replacement of a certain control rod double bearing 
(bearing) with a new bearing. Since issuing AD 2016-23-05, the FAA has 
determined additional inspections, replacements, and modifications are 
necessary to address the unsafe condition. This proposed AD would 
retain the requirements of AD 2016-23-05 and would add helicopters to 
the applicability. This proposed AD would also require modifying the 
helicopter by replacing the tail gearbox (TGB) control shaft guide 
bushes; repetitive inspections of the TGB magnetic plug and corrective 
actions if necessary; repetitive replacements of the bearing; and 
modifying the helicopter by replacing the TGB; as specified in a 
European Union Aviation Safety Agency (EASA) AD, which will be 
incorporated by reference. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 28, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 8999 000; email [email protected]; internet www.easa.europa.eu. 
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call 817-222-5110. It is also available in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-1123.

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-
1123; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aviation Safety 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views about this proposal. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one copy of the comments. Send your comments to an 
address listed under the ADDRESSES section. Include ``Docket No. FAA 
20_2020-1123; Project Identifier MCAI-2020-01294-R'' at the beginning 
of your 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, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments received by the closing 
date for comments. The FAA will consider comments filed after the 
comment period has closed if it is possible to do so without incurring 
expense or delay. The FAA may change this NPRM because of those 
comments.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Kathleen Arrigotti, Aviation Safety Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des Moines, 
WA 98198; telephone and fax 206-231-3218; email 
[email protected]. Any commentary that the FAA receives which 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Discussion

    The FAA issued AD 2016-23-05, Amendment 39-18712 (81 FR 85126, 
November 25, 2016) (``AD 2016-23-05''), which applies to certain Airbus 
Helicopters Model SA-365N1, AS-365N2, AS 365 N3, SA-366G1, EC 155B, and 
EC155B1 helicopters. AD 2016-23-05 requires repetitive checks of the 
oil level of the tail rotor gearbox and, if necessary, filling the oil 
to the maximum level; and replacement of a certain bearing with a new 
part-numbered bearing. The FAA issued AD 2016-23-05 to address damage 
to the bearing, which could result in end play, loss of tail rotor 
pitch control, and subsequent loss of control of the helicopter.

Actions Since AD 2016-23-05 Was Issued

    Since the FAA issued AD 2016-23-05, the FAA has determined 
additional repetitive inspections of the TGB magnetic plug for the 
presence of particles (and corrective actions if necessary), repetitive 
replacements of the bearing, and modifications (replacing TGB control 
shaft guide bushes and replacing the TGB) are necessary to address the 
unsafe condition.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2017-0125, dated July 21, 2017 
(``EASA AD 2017-0125'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus Helicopters Model SA 365 N1, AS 365 N2, AS 365 
N3, SA 366 G1, EC 155 B, and EC 155 B1 helicopters. EASA AD 2017-0125 
supersedes EASA AD 2017-0007, dated January 13, 2017, which superseded 
EASA AD 2016-0097R1, dated May 25, 2016 (which corresponds to FAA AD 
2016-23-05). EASA AD 2017-0125 adds helicopters to the

[[Page 80691]]

applicability, adds repetitive inspections of the magnetic plug after 
bearing replacement, requires the use of the revised Airbus Helicopters 
Alert Service Bulletin (ASB) instructions, and requires replacement of 
the TGB with a modified unit, which terminates the repetitive 
inspections.
    This proposed AD was prompted by a determination that additional 
inspections, replacements, and modifications are necessary to address 
the unsafe condition. The FAA is proposing this AD to address damage to 
the bearing, which could result in end play, loss of tail rotor pitch 
control, and subsequent loss of control of the helicopter. See the MCAI 
for additional background information.

Comments on AD 2016-23-05

    The FAA gave the public the opportunity to comment on AD 2016-23-
05. The following presents the comments received on AD 2016-23-05 and 
the FAA's response to each comment.

Request To Revise the Applicability To Exclude Certain TGBs

    A commenter requested that the FAA revise the applicability of AD 
2016-23-05 to exclude TGBs that are post-Airbus Helicopters mod 07 
65B63 having part number (P/N) 365A33-6005-09. The commenter stated 
that the referenced service information clarifies that only TGBs that 
are pre-Airbus Helicopters mod 07 65B63 are affected.
    The FAA disagrees. In developing AD 2016-23-05, the FAA differed 
with EASA AD 2016-0097R1, dated May 25, 2016, and the referenced 
service information. The FAA determined that TGBs that are post-Airbus 
Helicopters mod 07 65B63 having P/N 365A33-6005-09 should not be 
excluded from the requirements of that AD. However, the FAA notes that 
the new MCAI addresses TGBs that are pre-Airbus Helicopters mod 07 
65B63 and TGBs that are post-Airbus Helicopters mod 07 65B63 
separately, as does this proposed AD.

Request To Revise the Applicability To Include All TGBs

    A commenter requested that the FAA revise the applicability of AD 
2016-23-05 to include all TGBs. The commenter stated the applicability 
for AD 2016-23-05 should be the same as AD 2007-25-08, Amendment 39-
15290 (72 FR 69604, December 10, 2007), which included all bearings, 
regardless of the part number of the TGB.
    The FAA disagrees. In developing AD 2016-23-05, the FAA determined 
the requirement to check the oil level is only necessary for 
helicopters with a TGB bearing having P/N 704A33-651-093 or P/N 704A33-
651-104. However, the FAA notes that the new MCAI requires the oil 
level check for all TGBs, as does this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2017-0125 describes procedures for modifying the helicopter 
by replacing TGB control shaft guide bushes, repetitive inspections 
(checks) of the oil level of the tail rotor gearbox and, if necessary, 
filling the oil to the maximum level, repetitive inspections of the TGB 
magnetic plug for the presence of particles and corrective actions if 
necessary (corrective actions include removing the TGB, complying with 
certain work cards to address particles and other conditions such as 
abrasions, scales, flakes, and splinters, and replacing the bearing), 
repetitive replacements of the bearing; and modifying the helicopter by 
replacing the TGB.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would retain the actions required by AD 2016-23-05 
and would require accomplishing the actions specified in EASA AD 2017-
0125 described previously, as incorporated by reference, except for any 
differences identified as exceptions in the regulatory text of this AD 
and except as discussed under ``Differences Between this Proposed AD 
and the MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2017-0125 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2017-0125 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD. Service information specified 
in EASA AD 2017-0125 that is required for compliance with EASA AD 2017-
0125 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-1123 after the FAA 
final rule is published.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2016-23-05, this proposed AD would retain certain 
requirements of AD 2016-23-05. Those requirements are referenced in 
paragraphs (2) and (5) of EASA AD 2017-0125, which, in turn, is 
referenced in paragraph (g) of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 52 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 80692]]



                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Retained actions from AD 2016-23-05...  17 work-hours x $85 per           $1,125          $2,570        $133,640
                                         hour = $1,445.
New proposed actions..................  63 work-hours x 85 per             1,395           6,750         351,000
                                         hour = 5,355.
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                                      Estimated Costs for Optional Actions
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                                                                                                     Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680............................................              $0             $680
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this proposed AD.
    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators. The FAA does not control warranty 
coverage for affected operators. As a result, the FAA has included all 
known costs in this cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2016-23-05, Amendment 39-18712 (81 FR 85126, November 25, 2016), and 
adding the following new AD:

Airbus Helicopters: Docket No. FAA-2020-1123; Project Identifier 
MCAI-2020-01294-R.

(a) Comments Due Date

    The FAA must receive comments by January 28, 2021.

(b) Affected Airworthiness Directives (ADs)

    This AD replaces AD 2016-23-05, Amendment 39-18712 (81 FR 85126, 
November 25, 2016) (``AD 2016-23-05'').

(c) Applicability

    This AD applies to Airbus Helicopters Model SA-365N1, AS-365N2, 
AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters, certificated 
in any category, all serial numbers.

(d) Subject

    Joint Aircraft System Component (JASC) Code 65, Tail Rotor.

(e) Reason

    This AD was prompted by reports of occurrences of loss of yaw 
control due to failure of the tail gearbox (TGB) control rod double 
bearing (bearing). This AD was also prompted by the determination 
that additional inspections, replacements, and modifications are 
necessary to address the unsafe condition. The FAA is issuing this 
AD to address damage to the bearing, which could result in end play, 
loss of tail rotor pitch control, 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 Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD 2017-0125, dated July 21, 2017 
(``EASA AD 2017-0125'').

(h) Exceptions to EASA AD 2017-0125

    (1) Where EASA AD 2017-0125 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2017-0125 refers to June 4, 2011 (the 
effective date of EASA AD 2011-0105), this AD requires using the 
effective date of this AD.
    (3) Where EASA AD 2017-0125 refers to May 25, 2016 (the 
effective date of EASA AD 2016-0197R1), this AD requires using the 
effective date of this AD.
    (4) The ``Remarks'' section of EASA AD 2017-0125 does not apply 
to this AD.
    (5) Where paragraph (2) of EASA AD 2017-0125 requires 
inspections (checks) to be done ``in accordance with the 
instructions of Paragraph 3.B.1 of the applicable inspection ASB,'' 
for this AD, those instructions are for reference only and are not 
required for the actions in paragraph (2) of EASA AD 2017-0125. The 
inspections (checks) required by paragraph (2) of EASA AD 2017-0125 
may be performed by the owner/operator (pilot) holding at least a 
private pilot certificate and must be entered into the aircraft 
records showing compliance with this AD in

[[Page 80693]]

accordance with 14 CFR 43.9 (a)(1) through (4) and 14 CFR 
91.417(a)(2)(v). The record must be maintained as required by 14 CFR 
91.417, 121.380, or 135.439.
    (6) Where paragraph (5) of EASA AD 2017-0125 specifies to 
``accomplish the applicable corrective action(s) in accordance with 
the instructions of Paragraph 3.B.1 of the applicable inspection 
ASB,'' for this AD, a qualified mechanic must add oil to the TGB to 
the ``max'' level if the oil level is not at maximum. The 
instructions are for reference only and are not required for the 
actions in paragraph (5) of EASA AD 2017-0125.
    (7) Where EASA AD 2017-0125 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (8) Where EASA AD 2017-0125 requires action after the last 
flight of the day or ``ALF,'' this AD requires those actions before 
the first flight of the day.
    (9) Where the service information referred to in EASA AD 2017-
0125 specifies to perform a metallurgical analysis and contact the 
manufacturer if collected particles are not clearly characterized, 
this AD does not require contacting the manufacturer to determine 
the characterization of the particles collected.
    (10) Although service information referenced in EASA AD 2017-
0125 specifies to scrap parts, this AD does not include that 
requirement.
    (11) Although service information referenced in EASA AD 2017-
0125 specifies reporting information to Airbus Helicopters and 
filling in a ``particle dectection'' follow-up sheet, this AD does 
not include those requirements.
    (12) Although service information referenced in EASA AD 2017-
0125 specifies returning certain parts to an approved workshop, this 
AD does not include that requirement.
    (13) Where paragraph (6) of EASA AD 2017-0125 refers to ``any 
discrepancy,'' for this AD, discrepancies include the presence of 
particles and other conditions such as abrasions, scales, flakes, 
and splinters.

(i) Alternative Methods of Compliance (AMOCs):

    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 International Validation Branch, send it to the 
attention of the person identified in paragraph (j)(2) of this AD. 
Information may be emailed to: [email protected]. Before 
using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office.

(j) Related Information

    (1) For information about EASA AD 2017-0125, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 
6N-321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call 817-222-5110. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-1123.
    (2) For more information about this AD, contact Kathleen 
Arrigotti, Aviation Safety Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des 
Moines, WA 98198; telephone and fax 206-231-3218; email 
[email protected].

    Issued on December 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-27416 Filed 12-11-20; 8:45 am]
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