[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Rules and Regulations]
[Pages 50226-50230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19247]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0379; Project Identifier MCAI-2021-00068-R; 
Amendment 39-21667; AD 2021-16-05]
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) 2016-12-
51, which applied to all Airbus Helicopters Model AS332L2 and Model 
EC225LP helicopters. AD 2016-12-51 prohibited all further flight of 
Model AS332L2 and Model EC225LP helicopters. This AD requires replacing 
certain second stage planet gear assemblies, removing certain epicyclic 
modules, installing a full flow magnetic plug (FFMP), revising the 
existing

[[Page 50227]]

rotorcraft flight manual (RFM) for your helicopter, repetitively 
inspecting the main gearbox (MGB) particle detectors, repetitively 
inspecting the MGB oil filter and oil cooler, and corrective action if 
necessary, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. The actions specified in 
this AD terminate the flight prohibition. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective October 13, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 13, 
2021.

ADDRESSES: 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, 
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. It is also available in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2021-0379.

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-
0379; 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: Mahmood Shah, Aviation Safety 
Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone 817-222-5538; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2017-0134R2, dated April 16, 2020 
(EASA AD 2017-0134R2) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus Helicopters Model AS332L2 and EC225LP helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2016-12-51, Amendment 39-18578 (81 FR 
43479, July 5, 2016) (AD 2016-12-51). AD 2016-12-51 applied to all 
Airbus Helicopters Model AS332L2 and EC225LP helicopters. The NPRM 
published in the Federal Register on June 1, 2021 (86 FR 29212). The 
NPRM was prompted by an accident involving an Airbus Helicopters Model 
EC225LP helicopter in which the main rotor hub detached from the MGB. 
The Airbus Helicopters Model AS332L2 helicopter has a similar design to 
the affected Model EC225LP helicopter, therefore, this model may be 
subject to the unsafe condition revealed on the Model EC225LP 
helicopter. The NPRM proposed to require replacing certain second stage 
planet gear assemblies, removing certain epicyclic modules, installing 
an FFMP, revising the existing RFM for your helicopter, repetitively 
inspecting the MGB particle detectors, repetitively inspecting the MGB 
oil filter and oil cooler, and corrective action if necessary, as 
specified in EASA AD 2017-0134R2. The NPRM also proposed to provide 
terminating action for certain repetitive inspections.
    The FAA is issuing this AD to address failure of the main rotor 
system, which would result in loss of 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 FAA received no comments on the NPRM or 
on the determination of the cost to the public.

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 2017-0134R2 references procedures for replacing certain 
second stage planet gear assemblies with serviceable parts; removing 
certain epicyclic modules from service; modifying the helicopter by 
installing an FFMP; revising the RFM to prohibit MGB particle burning 
in-flight; repetitively inspecting the FFMP and MGB particle detectors 
for metal particles, analyzing any metal particles that are found, and 
corrective action; and repetitively inspecting the MGB oil filter and 
oil cooler for particles and corrective action. The corrective actions 
include replacing an affected MGB with a serviceable MGB. EASA AD 2017-
0134R2 also provides terminating action for certain repetitive 
inspections.
    Airbus Helicopters has issued Emergency Alert Service Bulletin 
05A049, Revision 6, dated July 25, 2017, for Model EC225 helicopters; 
and Emergency Alert Service Bulletin 05.01.07, Revision 6, dated July 
27, 2017, for Model AS332 helicopters. The service information 
specifies procedures for, among other things, replacing the MGB.
    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

    Although the service information referenced in EASA AD 2017-0134R2 
specifies to return affected planetary gear assemblies to the 
manufacturer for module overhaul, this AD does not include that 
requirement.
    Although the service information referenced in EASA AD 2017-0134R2 
specifies that retrofit of the planet gear of the MGB can only be done 
by Airbus Helicopters or Airbus Helicopters approved repair centers, 
this AD does not include that requirement.
    EASA AD 2017-0134R2 requires operators to ``inform all flight 
crews'' of revisions to the RFM, and thereafter to ``operate the 
helicopter accordingly.'' However, this AD does not specifically 
require those actions. FAA regulations mandate compliance with only the 
operating limitations section of the flight manual. The flight manual 
changes required by this AD apply to the emergency procedures section 
of the existing RFM for your helicopter. Furthermore, compliance with 
such

[[Page 50228]]

requirements in an AD is impracticable to demonstrate or track on an 
ongoing basis; therefore, a requirement to operate the aircraft in such 
a manner is unenforceable. Nonetheless, the FAA recommends that flight 
crews of the helicopters listed in the applicability operate in 
accordance with the revised emergency procedures mandated by this AD.

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 28 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
----------------------------------------------------------------------------------------------------------------
New actions....................  Up to 6 work-hours x                 $0  Up to $510........  Up to $14,280.
                                  $85 per hour = $510.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it will take about 1 work-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 
$2,380, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition actions that will 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
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
40 work-hours x $85 per hour = $3,400.        $295,000         $298,400
------------------------------------------------------------------------

    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 the cost estimate.

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.
    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 2016-12-51, Amendment 39-18578 (81 
FR 43479, July 5, 2016); and
0
b. Adding the following new airworthiness directive:


[[Page 50229]]


2021-16-05 Airbus Helicopters: Amendment 39-21667; Docket No. FAA-
2021-0379; Project Identifier MCAI-2021-00068-R.

(a) Effective Date

    This airworthiness directive (AD) is effective October 13, 2021.

(b) Affected ADs

    This AD replaces AD 2016-12-51, Amendment 39-18578 (81 FR 43479, 
July 5, 2016) (AD 2016-12-51).

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS332L2 and 
EC225LP helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6320, Main Rotor 
Gearbox.

(e) Reason

    This AD was prompted by an accident involving a Model EC225LP 
helicopter in which the main rotor hub detached from the main 
gearbox. The FAA is issuing this AD to address failure of the main 
rotor system, which would result in 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 Union Aviation Safety Agency (EASA) AD 
2017-0134R2, dated April 16, 2020 (EASA AD 2017-0134R2).

(h) Exceptions to EASA AD 2017-0134R2

    (1) Where EASA AD 2017-0134R2 refers to the effective dates 
specified in paragraphs (h)(1)(i) through (v) of this AD, this AD 
requires using the effective date of this AD.
    (i) The effective date of EASA AD 2017-0134R2.
    (ii) October 13, 2016 (the effective date of EASA AD 2016-0199, 
dated October 7, 2016).
    (iii) March 20, 2017 (the effective date of EASA AD 2017-0050-E, 
dated March 17, 2017).
    (iv) June 30, 2017 (the effective date of EASA AD 2017-0111, 
dated June 23, 2017).
    (v) August 1, 2017 (the effective date of EASA AD 2017-0134, 
dated July 27, 2017).
    (2) The ``Remarks'' section of EASA AD 2017-0134R2 does not 
apply to this AD.
    (3) Where any service information referred to in EASA AD 2017-
0134R2 specifies to discard certain parts after they have been 
removed from the helicopter, this AD requires removing those parts 
from service.
    (4) Where paragraph (2) of EASA AD 2017-0134R2 specifies to 
replace a part before exceeding the applicable ``new service life 
limit,'' this AD requires removing that part from service.
    (5) Where any service information referred to in EASA AD 2017-
0134R2 specifies to return certain parts to the manufacturer, 
including for overhaul, after they have been removed from the 
helicopter, this AD does not include that requirement.
    (6) Where EASA AD 2017-0134R2 refers to flight hours (FH), this 
AD requires using hours time-in-service.
    (7) Where any service information referred to in EASA AD 2017-
0134R2 specifies to perform a metallurgical analysis and contact the 
manufacturer if unsure about the characterization of the particles 
collected, this AD does require characterization of the particles 
collected, however this AD does not require contacting the 
manufacturer to determine the characterization of the particles 
collected.
    (8) Where EASA AD 2017-0134R2 requires actions during each 
``after last flight'' of the day (ALF) inspection, this AD requires 
those actions before the first flight of each day.
    (9) Where any service information referred to in EASA AD 2017-
0134R2 specifies to do the actions identified in paragraphs 
(h)(9)(i) through (iv) of this AD, this AD does not include those 
requirements.
    (i) Watch a video for removing the grease from the full flow 
magnetic plug (FFMP), using a cleaning agent, and collecting 
particles.
    (ii) Return affected planetary gear assembly to the manufacturer 
for module overhaul.
    (iii) Contact the approved repair station/Airbus Helicopters if 
the reason for a repair to an epicyclic module is unknown and 
inform/contact Airbus Helicopters.
    (iv) Contact the approved repair station/Airbus Helicopters 
depending on who performed the last overhaul (RG) to determine if a 
repair has been done on the second stage planet gears since new.
    (10) Where any service information referred to in EASA AD 2017-
0134R2 specifies that retrofit of the planet gear of the main 
gearbox (MGB) can only be done by Airbus Helicopters or Airbus 
Helicopters approved repair centers, this AD does not require that 
the retrofit of the planet gear be done only by Airbus Helicopters 
or Airbus Helicopters approved repair centers. For this AD the 
retrofit can also be done by an FAA-approved repair station.
    (11) Where paragraph (5) of EASA AD 2017-0134R2 specifies 
accomplishing the FFMP additional work within 3 months after August 
1, 2017, this AD requires accomplishing the FFMP additional work 
within 4 months after the effective date of this AD.
    (12) Where paragraph (6) of EASA AD 2017-0134R2 specifies to 
``inform all flight crews and, thereafter, operate the helicopter 
accordingly,'' this AD does not require those actions.
    (13) Where any service information referred to in EASA AD 2017-
0134R2 specifies that if any 16NCD13 particles are found you are to 
take a 1-liter sample of oil and send it to the manufacturer, this 
AD does not require those actions.
    (14) Where any service information referred to in EASA AD 2017-
0134R2 specifies ``Do not resume flights until corrective action(s) 
are agreed by Airbus Helicopters,'' or to contact Airbus Helicopters 
before resuming flights ``if further particles are collected during 
the close monitoring period'' for this AD, you must repair before 
further flight using a method specified in paragraph (h)(14)(i) or 
(ii) of this AD.
    (i) In accordance with FAA approved procedures.
    (ii) The procedures specified in Appendix 4.A., Particle 
Analysis, of Airbus Helicopters Emergency Alert Service Bulletin 
05A049, Revision 6, dated July 25, 2017; or Emergency Alert Service 
Bulletin 05.01.07, Revision 6, dated July 27, 2017, as applicable, 
except as required by paragraphs (h)(5), (7), and (13) of this AD.
    (15) Where the service information identified in EASA AD 2017-
0134R2 specifies to report inspection results to Airbus Helicopters, 
for this AD, report the inspection results at the applicable time 
specified in paragraph (h)(15)(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 date of 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.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in 
paragraph (4) of EASA AD 2017-0134R2, if those actions were 
performed before the effective date of this AD using Airbus 
Helicopters Emergency Alert Service Bulletin 63.00.83 or 63A030, 
both Revision 1, both dated October 7, 2016.
    (2) Corrective action(s) for the inspections required by 
paragraphs (8) and (10) of EASA AD 2017-0134R2 accomplished on a 
helicopter before the effective date of this AD, in accordance with 
Paragraph 3.B. and Appendix 4.A. of the Accomplishment Instructions 
of the applicable Airbus Helicopters service information specified 
in paragraphs (i)(2)(i) through (viii) of this AD, as applicable, 
are acceptable to comply with the requirements of paragraph (11) of 
EASA AD 2017-0134R2 for that helicopter, but only for the corrective 
actions for the inspections required by paragraphs (8) and (10) of 
EASA AD 2017-0134R2.
    (i) Emergency Alert Service Bulletin 05.01.07, Revision 2, dated 
October 7, 2016.
    (ii) Emergency Alert Service Bulletin 05.01.07, Revision 3, 
dated February 25, 2017.
    (iii) Emergency Alert Service Bulletin 05.01.07, Revision 4, 
dated March 17, 2017.
    (iv) Emergency Alert Service Bulletin 05.01.07, Revision 5, 
dated June 23, 2017.
    (v) Emergency Alert Service Bulletin 05A049, Revision 2, dated 
October 7, 2016.
    (vi) Emergency Alert Service Bulletin 05A049, Revision 3, dated 
February 25, 2017.
    (vii) Emergency Alert Service Bulletin 05A049, Revision 4, dated 
March 17, 2017.
    (viii) Emergency Alert Service Bulletin 05A049, Revision 5, 
dated June 23, 2017.

(j) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are prohibited.

[[Page 50230]]

(k) 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 (l)(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.

(l) Related Information

    (1) For more information about this AD, contact Mahmood Shah, 
Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone 817-222-5538; email 
[email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(4) and (5) of this AD.

(m) 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 2017-0134R2, 
dated April 16, 2020.
    (ii) Airbus Helicopters Emergency Alert Service Bulletin 05A049, 
Revision 6, dated July 25, 2017.
    (iii) Airbus Helicopters Emergency Alert Service Bulletin 
05.01.07, Revision 6, dated July 27, 2017.
    (3) For EASA AD 2017-0134R2, 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) For Airbus Helicopters service information, 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.
    (5) 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-
2021-0379.
    (6) 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 July 22, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-19247 Filed 9-7-21; 8:45 am]
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