[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Rules and Regulations]
[Pages 36638-36641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14777]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0195; Project Identifier MCAI-2020-00262-R; 
Amendment 39-21624; AD 2021-13-19]
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) 2014-11-02 
for Airbus Helicopters Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 
helicopters. AD 2014-11-02 required repetitively inspecting frame 
number (No.) 9 for a crack. This AD was prompted by Airbus Helicopters 
developing a modification that provides an optional terminating action 
for the repetitive inspections required by AD 2014-11-02. This AD 
retains the requirements of AD 2014-11-02, provides an optional 
terminating action for the repetitive inspections, and reduces the 
applicability by excluding certain post-modified helicopters. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective August 17, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 17, 
2021.

ADDRESSES: For service information identified in this final rule, 
contact Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX 
75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; 
or at https://www.airbus.com/helicopters/services/technical-support.html. You may view this service information at the FAA, Office 
of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 
6N-321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110. Service information that 
is incorporated by reference is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0195.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.govby 
searching for and locating Docket No. FAA-2021-0195; 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, the 
European Union Aviation Safety Agency (EASA) AD, 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: Matt Fuller, AD Program Manager, 
General Aviation & Rotorcraft Unit, Airworthiness Products Section, 
Operational Safety Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2014-11-02, Amendment 39-17852 (79 FR 
33050, June 10, 2014) (AD 2014-11-02). AD 2014-11-02 applied to Airbus 
Helicopters (previously Eurocopter

[[Page 36639]]

France) Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters. 
The NPRM published in the Federal Register on April 22, 2021 (86 FR 
21231). The NPRM proposed to continue to require, for helicopters that 
have a No. 9 frame that has had any repair or alteration made, within 
10 hours time-in-service (TIS) after the effective date of the AD and 
at intervals not to exceed 110 hours TIS thereafter, inspecting the LH 
and RH frame No. 9 for a crack in the areas of the latch support and 
stretcher support with a 10X or higher power magnifying glass. For all 
other helicopters, the NPRM proposed to require the inspection within 
110 hours TIS after the effective date of the AD and thereafter at 
intervals not to exceed 110 hours TIS. If there is a crack, the NPRM 
proposed to continue to require, before further flight, repairing the 
crack. The NPRM also proposed to provide an optional terminating action 
for the repetitive inspections that would consist of installing 
Eurocopter modification (MOD) 53C17 or MOD 53D02, or Airbus Helicopters 
MOD 07 53D21 or MOD 07 53D22, as applicable to your helicopter.
    The NPRM was prompted by EASA AD 2012-0108R1, dated September 19, 
2019 (EASA AD 2012-0108R1), issued by EASA, which is the Technical 
Agent for the Member States of the European Union, to correct an unsafe 
condition for certain Airbus Model helicopters except those that have 
been modified by Eurocopter MOD 53C17 or MOD 53D02, or Airbus 
Helicopters (AH) MOD 07 53D21 or MOD 07 53D22. EASA AD 2012-0108R1 
revises EASA AD 2012-0108-E, dated June 15, 2012 (EASA AD 2012-0108-E), 
which was issued after a crack was discovered during the ``T'' 
inspection of an AS365 helicopter. The crack started at a rivet hole of 
a doubler that was installed on the frame No. 9 in accordance with 
Eurocopter Alert Service Bulletin No. 53.00.42, dated January 31, 2001. 
EASA stated in EASA AD 2012-0108-E that structural alteration of frame 
No. 9 by modifications or repairs can result in fatigue crack 
initiation under normal operational loads. According to EASA, this 
condition, if not corrected, could lead to crack propagation and 
failure of frame No. 9, which would adversely affect the structural 
integrity of the helicopter. For these reasons, EASA AD 2012-0108-E 
required repetitive inspections of frame No. 9 for a crack in the area 
of the doubler or any repair performed in the area of the latch support 
and stretcher support. EASA advises in EASA AD 2012-0108R1 that Airbus 
Helicopters developed MOD 07 53D21 and MOD 07 53D22. Consequently, EASA 
AD 2012-0108R1 was issued to introduce the MODs as optional terminating 
action for the repetitive inspections, reduce the applicability by 
excluding certain post-MOD helicopters, and make some editorial changes 
that do not affect the required actions.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM nor on the determination 
of the costs.

Conclusion

    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 about the 
unsafe condition described in its AD. The FAA reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters.

Related Service Information Under 1 CFR Part 51

    Airbus Helicopters has co-published as one document Emergency Alert 
Service Bulletin EASB No. 05.00.63, Revision 2, dated December 20, 2018 
(EASB 05.00.63 Rev 2), for Model AS365-series helicopters and EASB No. 
05.00.30, Revision 2, dated December 20, 2018 (EASB 05.00.30 Rev 2), 
for non-FAA type certificated Model AS565-series helicopters. EASB 
05.00.63 Rev 2 is incorporated by reference in this AD; EASB 05.00.30 
Rev 2 is not.
    EASB 05.00.63 Rev 2 applies to helicopters with a frame No. 9 that 
has not been modified by MOD 07 53C17, 07 53D21, 07 53D22, or 07 53D02, 
and that has had doublers installed or repairs performed in accordance 
with certain service instructions. EASB 05.00.63 Rev 2 describes 
procedures for inspecting the frame No. 9 for a crack and specifies 
contacting Airbus Helicopters for further procedures if there is a 
crack.
    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.

Other Related Service Information

    The FAA reviewed Airbus Helicopters Service Bulletin SB No. AS365-
53.00.57, Revision 0, dated December 20, 2018 (SB AS365-53.00.57), for 
Model AS365-series helicopters. SB AS365-53.00.57 specifies replacing 
the upper section of the No. 9 frame with a reinforced version as an 
option to terminate the visual inspections specified in EASB 05.00.63 
Rev 2.
    The FAA also reviewed Eurocopter Emergency Alert Service Bulletin 
EASB No. 05.00.63, Revision 1, dated June 18, 2012 (EASB 05.00.63 Rev 
1). EASB 05.00.63 Rev 1 specifies the same procedures as EASB 05.00.63 
Rev 2; however, EASB 05.00.63 Rev 2 excludes helicopters with certain 
MODs installed from its effectivity.

Differences Between This AD and the EASA AD

    EASA AD 2012-0108R1 requires contacting Airbus Helicopters for 
repair instructions if there is a crack; this AD does not. EASA AD 
2012-0108R1 applies to Airbus Helicopters Model 365-series helicopters 
with a frame No. 9 on which certain doublers or repairs have been 
accomplished; this AD applies to those model helicopters regardless of 
if those doublers or repairs have been accomplished.

Costs of Compliance

    The FAA estimates that this AD affects 33 helicopters of U.S. 
Registry. The FAA estimates that operators may incur the following 
costs in order to comply with this AD. At an average labor rate of $85 
per hour, inspecting the LH and RH frame No. 9 takes about 3 work-
hours, for a cost per helicopter of $255 and a total cost to U.S. 
operators of $8,415 per inspection cycle. Repairing a cracked frame No. 
9 takes about 20 work-hours, and required parts cost about $15,000, for 
a cost per helicopter of $16,700.

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

[[Page 36640]]

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:
0
a. Removing Airworthiness Directive (AD) 2014-11-02, Amendment 39-17852 
(79 FR 33050, June 10, 2014); and
0
b. Adding the following new AD:

2021-13-19 Airbus Helicopters: Amendment 39-21624; Docket No. FAA-
2021-0195; Project Identifier MCAI-2020-00262-R.

(a) Applicability

    This airworthiness directive (AD) applies to Airbus Helicopters 
Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters, 
certificated in any category, except helicopters with Eurocopter 
modification (MOD) 53C17 or MOD 53D02, or Airbus Helicopters MOD 07 
53D21 or MOD 07 53D22, installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in frame number 
(No.) 9, which if not detected and corrected, could result in 
failure of frame No. 9, loss of structural integrity, and subsequent 
loss of control of the helicopter.

(c) Affected ADs

    This AD replaces AD 2014-11-02, Amendment 39-17852 (79 FR 33050, 
June 10, 2014).

(d) Effective Date

    This AD is effective August 17, 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) For helicopters that have any repair or alteration to the 
frame No. 9, within 10 hours time-in-service (TIS) after the 
effective date of this AD and thereafter at intervals not to exceed 
110 hours TIS, using a 10X or higher power magnifying glass, inspect 
the left-hand (LH) and right-hand (RH) frame No. 9 for a crack in 
the area of the latch support and stretcher support, as depicted in 
Figure 1 of Airbus Helicopters Emergency Alert Service Bulletin EASB 
No. 05.00.63, Revision 2, dated December 20, 2018 (EASB 05.00.63).
    (2) For all other helicopters, within 110 hours TIS after the 
effective date of this AD and thereafter at intervals not to exceed 
110 hours TIS, perform the inspection in paragraph (f)(1) of this 
AD.
    (3) If there is a crack, before further flight, repair the frame 
No. 9. Repairing a frame is not terminating action for the 
repetitive inspections required by paragraphs (f)(1) and (2) of this 
AD.
    (4) As an optional terminating action for the repetitive 
inspections required by paragraphs (f)(1) and (2) of this AD, 
replace the upper section of frame No. 9 with a reinforced frame, 
Eurocopter MOD 53C17 or MOD 53D02, or Airbus Helicopters MOD 07 
53D21 or MOD 07 53D22.

(g) Special Flight Permits

    Special flight permits to a repair facility may be issued 
provided that the flight does not exceed 10 hours TIS, any crack 
does not exceed a maximum crack length of 80 mm, and no passengers 
are onboard.

(h) Credit for Previous Actions

    You may take credit for the actions required by paragraphs 
(f)(1) and (2) of this AD if you performed them before the effective 
date of this AD using Eurocopter Emergency Alert Service Bulletin 
EASB No. 05.00.63, Revision 1, dated June 18, 2012.

(i) 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 
office, send it to the attention of the person identified in 
paragraph (j)(1) of this AD. 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

    (1) For more information about this AD, contact Matthew Fuller, 
AD Program Manager, General Aviation & Rotorcraft Unit, 
Airworthiness Products Section, Operational Safety Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-
5110; email [email protected].
    (2) Eurocopter Emergency Alert Service Bulletin EASB No. 
05.00.63, Revision 1, dated June 18, 2012, which is not incorporated 
by reference, contains additional information about the subject of 
this AD. This service information is available at the contact 
information specified in paragraphs (l)(3) and (4) of this AD.
    (3) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2012-0108R1, dated September 19, 
2019. You may view the EASA AD on the internet at https://www.regulations.gov in Docket No. FAA-2021-0195.

(k) Subject

    Joint Aircraft Service Component (JASC) Code: 5300, Fuselage 
Structure.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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.
    (i) Airbus Helicopters Emergency Alert Service Bulletin EASB No. 
05.00.63, Revision 2, dated December 20, 2018.
    (ii) [Reserved]
    Note 1 to paragraph (l)(2)(ii): Airbus Helicopters Emergency 
Alert Service Bulletin EASB No. 05.00.63, Revision 2, dated December 
20, 2018 is co-published as one document along with Airbus 
Helicopters Emergency Alert Service Bulletin EASB No. 05.00.30, 
Revision 2, dated December 20, 2018, which is not incorporated by 
reference in this AD.
    (3) For service information identified in this AD, contact 
Airbus Helicopters, 2701 North 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.
    (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.
    (5) 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.


[[Page 36641]]


    Issued on June 17, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-14777 Filed 7-12-21; 8:45 am]
BILLING CODE 4910-13-P