[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 13972-13975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05142]


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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; 
Amendment 39-21448; AD 2021-05-05]
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) 2016-23-
05, which applied to certain Airbus Helicopters Model SA-365N1, AS-
365N2, AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters. AD 2016-
23-05 required 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 control rod double bearing (bearing) with a 
new bearing. This AD retains the requirements of AD 2016-23-05 and also 
requires 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 Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD, which is incorporated by reference. 
This AD also adds helicopters to the applicability. This AD was 
prompted by reports of occurrences of loss of yaw control due to 
failure of the TGB bearing. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective April 16, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 16, 
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 protected]; internet 
www.easa.europa.eu. You may find this material on the EASA website at 
https://ad.easa.europa.eu. You may view this material at the FAA, 
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., 
Room 6N-321, Fort Worth, TX 76177. For information on the availability 
of this material at the FAA, call 817-222-5110. It is also available in 
the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-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 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: 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: 

Discussion

    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 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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2016-23-05, Amendment 39-18712 (81 FR 
85126, November 25, 2016) (AD 2016-23-05). AD 2016-23-05 applied to 
certain Airbus Helicopters Model SA-365N1, AS-365N2, AS 365 N3, SA-
366G1, EC 155B, and EC155B1 helicopters. The NPRM published in the 
Federal Register on December 14, 2020 (85 FR 80689). The NPRM was 
prompted by a determination that additional inspections, replacements, 
and modifications are necessary to address the unsafe condition. The 
NPRM proposed to retain the requirements of AD 2016-23-05 and also 
require modifying the helicopter by replacing the 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 an EASA AD. The NPRM also proposed to add helicopters to 
the applicability.

[[Page 13973]]

    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. 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.

Update to the Costs of Compliance

    The FAA has updated the costs for the new required actions and on-
condition actions based on data received since the NPRM was issued.

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 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.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2016-23-05, this AD retains 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 AD.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2016-   17 work-hours x $85     $1,125...........  $2,570...........  $133,640.
 23-05.                           per hour = $1,445.
New actions....................  71 work-hours x $85     Up to $155,300...  Up to $161,335...  Up to $8,389,420.
                                  per hour = $6,035.
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                  Estimated Costs for Optional Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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Up to 8 work-hours x $85 per hour =                 $0             $680
 $680.................................
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                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
Up to 4 work-hours x $85 per hour =       Up to $1,395     Up to $1,735
 $340.................................
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 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

    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.

[[Page 13974]]

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) 
2016-23-05, Amendment 39-18712 (81 FR 85126, November 25, 2016), and 
adding the following new AD:

2021-05-05 Airbus Helicopters: Amendment 39-21448 Docket No. FAA-
2020-1123; Project Identifier MCAI-2020-01294-R.

(a) Effective Date

    This airworthiness directive (AD) is effective April 16, 2021.

(b) Affected 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 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 detection'' 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)

    (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 817-222-5110. 
Information may be emailed to: [email protected].
    (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 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].

(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 Aviation Safety Agency (EASA) AD 2017-0125, dated 
July 21, 2017.
    (ii) [Reserved].
    (3) For 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.
    (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 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.
    (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 protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 13975]]


    Issued on February 17, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-05142 Filed 3-11-21; 8:45 am]
BILLING CODE 4910-13-P