[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Rules and Regulations]
[Pages 48902-48905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18753]



[[Page 48902]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0369; Project Identifier 2019-SW-033-AD; Amendment 
39-21673; AD 2021-16-11]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, 
AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP 
helicopters. This AD was prompted by a report of reduced yaw control, 
during an approach for landing, that resulted from rupture of the tail 
rotor gearbox (TGB) actuating rod and uncoupling of the steel sleeve 
from inside the external aluminum tube. This AD requires dye penetrant 
inspecting certain TGB actuating rods for a crack, and depending on the 
inspection results, replacing the TGB actuating rod, as specified in a 
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 is effective October 6, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 6, 
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-2021-0369.

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-
0369; 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, Program Manager, 
Large Aircraft Section, International Validation Branch, Compliance & 
Airworthiness Division, FAA, 2200 South 216th St., Des Moines, WA 
98198; telephone and fax (206) 231-3218; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0060, dated March 20, 2019 
(EASA AD 2019-0060) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus Helicopters Model AS350 B, AS350 BA, AS350 BB, AS350 B1, 
AS350 B2, AS350 B3, AS350 D, AS355 E, AS355 F, AS355 F1, AS355 F2, 
AS355 N and AS355 NP helicopters. Model AS350 BB helicopters are not 
certificated by the FAA and are not included on the U.S. type 
certificate data sheet; this AD therefore does not include those 
helicopters in the applicability. Although EASA AD 2019-0060 applies to 
all helicopters identified in EASA AD 2019-0060, this AD applies to 
helicopters with an affected part installed instead.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus 
Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350D, 
AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters. The 
NPRM published in the Federal Register on May 18, 2021 (86 FR 26857). 
The NPRM was prompted by a report of reduced yaw control, during an 
approach for landing, that resulted from rupture of the TGB actuating 
rod and uncoupling of the steel sleeve from inside the external 
aluminum tube. The NPRM proposed to require dye penetrant inspecting 
certain TGB actuating rods for a crack, and depending on the inspection 
results, replacing the TGB actuating rod, as specified in an EASA AD.
    The FAA is issuing this AD to address failure of a TGB actuating 
rod, which could result in loss of yaw control of the helicopter. See 
the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comment received 
on the NPRM and the FAA's response to the comment.

Request To Not Refer to Other Sources for Approved Data

    A commenter requested that the proposed AD not reference a European 
AD or service bulletin as approved data. The commenter stated the 
proposed AD should contain all the data required to perform the 
inspection in its entirety so that an inspector does not have to 
research data from other sources.
    The FAA does not agree with the commenter because the approved data 
is available to inspectors. EASA AD 2019-0060 is incorporated by 
reference. Incorporation by reference (IBR) allows Federal agencies to 
comply with the requirement to publish rules in the Federal Register by 
referring to materials already published elsewhere. The legal effect of 
IBR is that the material is treated as if it were published in the 
Federal Register. This material, like any other properly issued rule, 
has the force and effect of law. Congress authorized IBR in the Freedom 
of Information Act (5 U.S.C. 552), in part, to reduce the volume of 
material published in the Federal Register and the Code of Federal 
Regulations (CFR).
    After an FAA final rule is published, the required service 
information is then posted to https://www.regulations.gov. EASA AD 
2019-0060 and the service information specified in EASA AD 2019-0060 
that is required for compliance with EASA AD 2019-0060 can be found on 
the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA 2021-0369. The FAA has not changed this AD in 
this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, 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:

[[Page 48903]]

     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 2019-0060 describes procedures for dye penetrant inspecting 
certain TGB actuating rods for a crack, and depending on the inspection 
results, replacing the TGB actuating rod. EASA AD 2019-0060 also 
describes procedures for marking each TGB actuating rod, reporting 
information, and for certain helicopters, ensuring the correct 
interface between certain TGB actuating rods and bearings.
    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.

Differences Between This AD and the MCAI

    EASA AD 2019-0060 specifies ``AS350 SB [service bulletin] No. 67.10 
Revision 1'' and ``AS355 SB No. 67.09 Revision 2'' as Airbus 
Helicopters (AH) service bulletins; however this AD identifies those 
service bulletins as Aerospatiale service bulletins.
    EASA AD 2019-0060 specifies the date for ``AS355 SB No. 67.09 
Revision 2,'' as ``March 28, 1989;'' however, this AD identifies the 
date as ``October 1989.''

Part Marking Clarification

    Where paragraph (2) of EASA AD 2019-0060 specifies ``mark each 
affected part (all rods, regardless of the status with respect to the 
dye penetrant inspection),'' this AD requires marking TGB actuating 
rods identified in paragraphs (c)(1) through (9) of this AD regardless 
of their manufacturing date. The manufacturing dates in Table 1 of EASA 
AD 2019-0060 are used only to indicate the parts on which the dye 
penetrant inspection specified in paragraph (1) of EASA AD 2019-0060 is 
done; the manufacturing dates do not impact the parts on which the 
marking specified in paragraph (2) of EASA AD 2019-006 must be done.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this AD affects 950 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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6 work-hours x $85 per hour = $510...........................              $0             $510         $484,500
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* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 hour per product to 
comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting the inspection results on U.S. operators to be 
$80,750, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
helicopters that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
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           Labor cost               Parts cost       Cost per product
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Up to 16 work-hours x $85 per            $2,590   Up to $3,950
 hour = $1,360.
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Pkwy., Fort Worth, TX 76177-1524.

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.

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    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 adding the following new airworthiness 
directive:

2021-16-11 Airbus Helicopters: Amendment 39-21673; Docket No. FAA-
2021-0369; Project Identifier 2019-SW-033-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective October 6, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS350B, AS350BA, 
AS350B1, AS350B2, AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2, 
AS355N, and AS355NP helicopters, certificated in any category, with 
a tail rotor gearbox (TGB) actuating rod identified in paragraphs 
(c)(1) through (9) of this AD installed.
    (1) Part number (P/N) 350A27191000;
    (2) P/N 350A27191001;
    (3) P/N 350A27191002;
    (4) P/N 350A27191003;
    (5) P/N 350A27191004;
    (6) P/N 350A2719100401;
    (7) P/N 350A2719100402;
    (8) P/N 350A27192000; or
    (9) A TGB actuating rod with an unknown part number and serial 
number.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6720, Tail Rotor 
Control System.

(e) Reason

    This AD was prompted by a report of reduced yaw control, during 
an approach for landing, that resulted from rupture of the TGB 
actuating rod and uncoupling of the steel sleeve from inside the 
external aluminum tube. The FAA is issuing this AD to address 
failure of a TGB actuating rod, which could result in loss of yaw 
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 Union Aviation Safety Agency (EASA) AD 
2019-0060, dated March 20, 2019 (EASA AD 2019-0060).

(h) Exceptions to EASA AD 2019-0060

    (1) Where EASA AD 2019-0060 refers to January 3, 2019 (the 
effective date of EASA AD 2018-0287, dated December 20, 2018), or 
its effective date, this AD requires using the effective date of 
this AD.
    (2) Where EASA AD 2019-0060 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (3) Where paragraph (2) of EASA AD 2019-0060 specifies to mark 
TGB actuating rods, replace the language in paragraph (2) of EASA AD 
2019-0060 that states ``the instructions of section 3 of the 
applicable ASB [alert service bulletin],'' with the applicable 
language specified in paragraphs (h)(3)(i) and (ii) of this AD.
    (i) For P/N 350A2719100402 and parts not included in table 1 of 
EASA AD 2019-0060: ``the instructions for `If only paragraph 
3.B.2.a. was complied with' of paragraph 3.C. of the Accomplishment 
Instructions of the applicable ASB.''
    (ii) For parts included in table 1 of EASA AD 2019-0060: ``the 
instructions for `If paragraph 3.B.2.b. or paragraph 3.B.5. was 
complied with' of paragraph 3.C. of the Accomplishment Instructions 
of the applicable ASB.''
    (4) Where paragraph (2) of EASA AD 2019-0060 specifies ``mark 
each affected part (all rods, regardless of the status with respect 
to the dye penetrant inspection), and each TGB rod having P/N 
350A2719100402,'' for this AD, mark the parts identified in 
paragraphs (c)(1) through (9) of this AD.
    (5) Where EASA AD 2019-0060 specifies ``AH [Airbus Helicopters] 
AS350 SB [service bulletin] No. 67.10 Revision 1'' and ``AH AS355 SB 
No. 67.09 Revision 2,'' replace the text ``AH'' with 
``Aerospatiale.''
    (6) Where the ``Ref. Publications'' section of EASA AD 2019-0060 
specifies the date for ``AS355 SB No. 67.09 Revision 2,'' replace 
the text ``28 March 1989'' with ``October 1989.''
    (7) Although service information referenced in EASA AD 2019-0060 
specifies to keep parts, this AD does not include that requirement.
    (8) Paragraph (7) of EASA AD 2019-0060 specifies to report 
inspection results to Airbus Helicopters within a certain compliance 
time. For this AD, report inspection results at the applicable time 
specified in paragraph (h)(8)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.
    (9) For the purposes of this AD, ``CW,'' which is stated in 
Table 1 of EASA AD 2019-0060, is defined as calendar week.
    (10) The ``Remarks'' section of EASA AD 2019-0060 does not apply 
to this AD.

 (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, send 
it to: Manager, International Validation Branch, 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, 
Program Manager, Large Aircraft Section, International Validation 
Branch, Compliance & Airworthiness Division, 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 Union Aviation Safety Agency (EASA) AD 2019-0060, 
dated March 20, 2019.
    (ii) [Reserved]
    (3) For EASA AD 2019-0060, 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-
2021-0369.

[[Page 48905]]

    (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 25, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-18753 Filed 8-31-21; 8:45 am]
BILLING CODE 4910-13-P