[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Rules and Regulations]
[Pages 47557-47561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18441]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0717; Project Identifier AD-2021-00814-R; 
Amendment 39-21707; AD 2021-18-06]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-11-
03, which applied to certain Airbus Helicopters Model EC 155B, EC155B1, 
SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters. AD 2021-11-03 
required inspecting the main gearbox (MGB) fixed cowling front fitting 
(MGB front fitting), and depending on findings, corrective action. This 
AD retains the requirements of AD 2021-11-03, and includes service 
information that was omitted for Airbus Helicopter Model EC 155B and 
EC155B1 helicopters, as specified in a European Aviation Safety Agency 
(now European Union Aviation Safety Agency) (EASA) AD, which is 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD becomes effective September 10, 2021.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 47558]]

of certain publications listed in this AD as of July 15, 2021 (86 FR 
30759, June 10, 2021).
    The FAA must receive comments on this AD by October 12, 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 EASA 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. For Airbus Helicopters 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 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. Service information 
also available in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0717.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0717; 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, 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: Andrea Jimenez, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7330; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued AD 2021-11-03, Amendment 39-21565 (86 FR 30759, June 
10, 2021) (AD 2021-11-03), for certain Airbus Helicopters Model EC 
155B, EC155B1, SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters. 
AD 2021-11-03 required inspecting and if necessary, replacing the MGB 
front fitting. AD 2021-11-03 also required modifying the MGB front 
fitting. AD 2021-11-03 was prompted by EASA AD 2019-0008, dated January 
22, 2019 (EASA AD 2019-0008), issued by EASA, which is the Technical 
Agent for the Member States of the European Union, to correct an unsafe 
condition for certain Airbus Helicopters (AH), formerly Eurocopter, 
Eurocopter France, Aerospatiale, Model EC 155 B, EC 155 B1, SA 365 N, 
SA 365 N1, AS 365 N2, and AS 365 N3 helicopters. EASA advises of 
reports of an in-flight loss of engine and MGB cowlings. Subsequent 
investigations revealed that the MGB cowling attachment fittings failed 
because of mounting stress in the MGB front fitting and air intake 
bulkhead. This condition, if not addressed, could result in damage to 
the helicopter, loss of helicopter control, and possible injury to 
persons on the ground.
    Accordingly, EASA AD 2019-0008 requires inspecting the MGB front 
fittings and if there is a discrepancy, the EASA AD requires applicable 
corrective action(s) before next flight. EASA AD 2019-0008 also 
requires modification of the MGB fixed cowling attachments. 
Accomplishing the modification constitutes a terminating action for the 
required inspection.

Actions Since AD 2021-11-03 Was Issued

    Since AD 2021-11-03 was issued, the FAA discovered that paragraph 
``(h) Exceptions to EASA AD 2019-0008'' of AD 2021-11-03, inadvertently 
omitted service information required for Airbus Helicopters Model EC 
155B and EC155B1 helicopters. This AD corrects subparagraph (h)(8) to 
add Airbus Helicopters Alert Service Bulletin ASB No. 53A035, Revision 
0, dated March 13, 2017, and ASB No. 53A035, Revision 1, dated December 
20, 2018. This AD also updates the U.S. fleet size in the Costs of 
Compliance section.

FAA's Determination

    These products have been approved by the aviation authority of 
another country, and are 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 EASA 
AD referenced above. The FAA is issuing this AD after evaluating all 
the relevant information and determining the unsafe condition described 
previously is likely to exist or develop in other products of these 
same type designs.

Related IBR Material Under 1 CFR Part 51

    This AD requires EASA AD 2019-0008, dated January 22, 2019, which 
the Director of the Federal Register approved for incorporation by 
reference as of July 15, 2021 (86 FR 30759, June 10, 2021). EASA AD 
2019-0008 requires inspecting the MGB front fittings within 110 flight 
hours after April 14, 2017 (the effective date of EASA AD 2017-0055, 
dated March 31, 2017). If there is a discrepancy, the EASA AD requires 
applicable corrective action(s) before next flight. EASA AD 2019-0008 
also requires modification of the MGB fixed cowling attachments within 
660 flight hours or 23 months, whichever occurs first, after the 
effective date described in EASA AD 2019-0008. Accomplishing the 
modification constitutes a terminating action for the required 
inspection.
    This AD also requires Airbus Helicopters Alert Service Bulletin ASB 
No. AS365-53.00.62 and ASB No. EC155-53A038, each Revision 0 and dated 
December 20, 2018 (ASB AS365-53.00.62 and ASB EC155-53A038). ASB AS365-
53.00.62 applies to Model AS365-series helicopters. ASB EC155-53A038 
applies to Model EC155-series helicopters. The Director of the Federal 
Register also approved this service information for incorporation by 
reference as of July 15, 2021 (86 FR 30759, June 10, 2021). This 
service information specifies replacing the front bracket, inspecting 
for stress of the MGB fixed cowlings on the radiator bulkhead, and 
installing an additional locking system.
    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.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD 
2019-0008 and the service information already described, except for any 
differences identified as exceptions in the regulatory text of this AD.

[[Page 47559]]

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    AD 2021-11-03 omitted service information required for compliance 
for certain Model EC 155B and EC155B1 helicopters. This AD corrects 
that error by including Airbus Helicopters Alert Service Bulletin ASB 
No. 53A035, Revision 0, dated March 13, 2017, and ASB No. 53A035, 
Revision 1, dated December 20, 2018 in the regulatory text. The public 
was previously provided opportunity for comment on the costs of the AD 
and required actions.
    Accordingly, notice and opportunity for prior public comment are 
unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA 
finds that good cause exists pursuant to 5 U.S.C. 553(d) for making 
this amendment effective in less than 30 days, for the same reasons the 
FAA found good cause to forego notice and comment.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA is incorporating EASA AD 2019-0008 by reference in this FAA final 
rule. This AD, therefore, requires compliance with EASA AD 2019-0008 in 
its entirety through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this AD. Using 
common terms that are the same as the heading of a particular section 
in EASA AD 2019-0008 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 EASA AD 2019-0008. Service information 
required by EASA AD 2019-0008 for compliance is available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0717.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0717; Project Identifier AD-
2021-00814-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the AD, explain the reason for 
any recommended change, and include supporting data. The FAA will 
consider all comments received by the closing date and may amend this 
AD because of those 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, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this AD.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Andrea 
Jimenez, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected]. Any commentary that the FAA 
receives that is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 53 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this AD.
    Inspecting the MGB front fittings takes about 2 work-hours for an 
estimated cost of $170 per helicopter and $9,010 for the U.S. fleet. If 
required, replacing an MGB front fitting takes about 2 work-hours and 
parts cost about $590 for an estimated total cost of $760 per fitting. 
Other repairs will take up to 8 work-hours (excluding drying time) and 
parts will cost a minimal amount for an estimated cost of up to $680 
per helicopter.
    Modifying the MGB fixed cowling attachments takes about 5 work-
hours and parts cost about $630 for an estimated cost of $1,055 per 
helicopter and $55,915 for the U.S. fleet.

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 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

[[Page 47560]]

power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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 2021-11-03, Amendment 39-21565 (86 
FR 30759, June 10, 2021); and
0
b. Adding the following new airworthiness directive:

2021-18-06 Airbus Helicopters: Amendment 39-21707; Docket No. FAA-
2021-0717; Project Identifier AD-2021-00814-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
10, 2021.

(b) Affected ADs

    This AD replaces AD 2021-11-03, Amendment 39-21565 (86 FR 30759, 
June 10, 2021) (AD 2021-11-03).

(c) Applicability

    This AD applies to Airbus Helicopters Model EC 155B, EC155B1, 
SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters, certificated 
in any category, as identified in European Aviation Safety Agency 
(now European Union Aviation Safety Agency) (EASA) AD 2019-0008, 
dated January 22, 2019 (EASA AD 2019-0008).

(d) Subject

    Joint Aircraft System Component (JASC) Code: 7110, Engine 
Cowling System.

(e) Unsafe Condition

    This AD was prompted by a report of an in-flight loss of main 
gearbox (MGB) and engine cowlings. The FAA is issuing this AD to 
address a failure of the MGB fixed cowling front fitting, and 
subsequent MGB cowling or engine cowling detachment, which could 
result in damage to the helicopter, loss of helicopter control, and 
possible injury to persons on the ground.

(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, EASA AD 2019-0008.

(h) Exceptions to EASA AD 2019-0008

    (1) Where EASA AD 2019-0008 refers to April 14, 2017 (the 
effective date of EASA AD 2017-0055, dated March 31, 2017), this AD 
requires using the effective date of this AD.
    (2) Where EASA AD 2019-0008 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where EASA AD 2019-0008 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (4) Where EASA AD 2019-0008 requires the modification within 660 
flight hours or 23 months, whichever occurs first, this AD requires 
the modification within 660 hours time-in-service instead.
    (5) Although the service information referenced in EASA AD 2019-
0008 specifies to discard certain parts, this AD requires removing 
those parts from service instead.
    (6) Where the service information referenced in EASA AD 2019-
0008 specifies to use tooling, equivalent tooling may be used.
    (7) The ``Remarks'' section of EASA AD 2019-0008 does not apply 
to this AD.
    (8) Where paragraph (1) of EASA AD 2019-0008 states to, 
``inspect the MGB fixed cowling front fittings in accordance with 
the instructions of paragraph 1.E.2 of the applicable inspection ASB 
or in accordance with the instructions of the applicable 
modification ASB,'' this AD requires:
    (i) For Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 
helicopters: determining if Airbus Helicopters Alert Service 
Bulletin No. 53.00.55, Revision 0, dated March 13, 2017, or Revision 
1, dated December 20, 2018, has or has not been complied with and 
following the instructions, ``For helicopters on which ALERT SERVICE 
BULLETIN No. 53.00.55 has not been complied with'' or ``For 
helicopters on which ALERT SERVICE BULLETIN No. 53.00.55 has been 
complied with,'' as applicable, in paragraph 1.E.2, of Airbus 
Helicopters Alert Service Bulletin No. AS365-53.00.62 Revision 0, 
dated December 20, 2018 (ASB AS365-53.00.62).
    (ii) For Model EC 155B and EC155B1 helicopters: determining if 
Airbus Helicopters Alert Service Bulletin No. 53A035, Revision 0, 
dated March 13, 2017, or Revision 1, dated December 20, 2018, has or 
has not been complied with and following the instructions, ``For 
helicopters on which ALERT SERVICE BULLETIN No. 53A035 has not been 
complied with'' or ``For helicopters on which ALERT SERVICE BULLETIN 
No. 53A035 has been complied with,'' as applicable, in paragraph 
1.E.2, of Airbus Helicopters Alert Service Bulletin No. EC155-
53A038, Revision 0, dated December 20, 2018 (ASB EC155-53A038).
    (9) Where paragraph (2) of EASA AD 2019-0008 states to, 
``accomplish the applicable corrective action(s) in accordance with 
paragraph 1.E.2 of the applicable inspection ASB or in accordance 
with the instructions of the applicable modification ASB,'' this AD 
requires accomplishing the applicable corrective actions by 
following ASB AS365-53.00.62 or ASB EC155-53A038, as applicable to 
your model helicopter.
    (10) Where paragraph 3.B.2.e.3 of the applicable modification 
ASB referenced in EASA AD 2019-0008 refers to paragraph 3.B.e.3, 
this AD requires referring to paragraph 3.B.3 of ASB AS365-53.00.62 
or ASB EC155-53A038, as applicable to your model helicopter.

(i) Special Flight Permit

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

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (k) of 
this AD. Information may be emailed to: [email 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.

(k) Related Information

    For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
July 15, 2021 (86 FR 30759, June 10, 2021).
    (i) European Aviation Safety Agency (EASA) AD 2019-0008, dated 
January 22, 2019.
    (ii) Airbus Helicopters Alert Service Bulletin ASB No. AS365-
53.00.62, Revision 0, dated December 20, 2018.
    (iii) Airbus Helicopters Alert Service Bulletin ASB No. EC155-
53A038, Revision 0, dated December 20, 2018.
    (3) For EASA AD 2019-0008, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999

[[Page 47561]]

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. 
For Airbus Helicopters 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. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0717.
    (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.

    Issued on August 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-18441 Filed 8-24-21; 11:15 am]
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