[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Proposed Rules]
[Pages 59892-59896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23515]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0947; Project Identifier MCAI-2021-00195-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, 
AS350B3, AS350D, EC130B4, and EC130T2 helicopters; Model AS355E, 
AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters; and Model 
SA-365C1, SA-365C2, SA-365N, SA-365N1, AS-365N2, and AS 365 N3 
helicopters. This proposed AD was prompted by a report of increased 
vibration during flight. This proposed AD would require the application 
of alignment markings on, and repetitive inspections of, the main rotor 
(MR) pitch rod upper links and, depending on findings, the 
accomplishment of applicable corrective actions, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is proposed for 
incorporation by reference (IBR). The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 
13, 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 that is proposed for IBR in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find the EASA 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. The EASA material is also 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0947.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0947; 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 NPRM, the EASA AD, 
any comments received, and other information. The

[[Page 59893]]

street address for Docket Operations is listed above.

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:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0947; Project Identifier 
MCAI-2021-00195-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. 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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0048, dated February 16, 2021 
(EASA AD 2021-0048), to correct an unsafe condition for Airbus 
Helicopters (formerly Eurocopter, Eurocopter France, 
A[eacute]rospatiale) Model AS 350 B, AS 350 BA, AS 350 BB, AS 350 B1, 
AS 350 B2, AS 350 B3, AS 350 D, EC 130 B4, and EC 130 T2 helicopters; 
Model AS 355 E, AS 355 F, AS 355 F1, AS 355 F2, AS 355 N, and AS 355 NP 
helicopters; and Model SA 365 C1, SA 365 C2, SA 365 C3, SA 365 N, SA 
365 N1, AS 365 N2, and AS 365 N3 helicopters; all serial numbers. Model 
AS 350 BB and SA 365 C3 helicopters are not certificated by the FAA and 
are not included on the U.S. type certificate data sheet; this proposed 
AD therefore does not include those helicopters in the applicability.
    This proposed AD was prompted by a report of increased vibration 
during flight by the crew of an Airbus Helicopters Model AS 365 
helicopter. Subsequent investigation found a total loss of tightening 
torque of one screw connecting the MR pitch rod to the horn of its 
upper link, which led to abnormal wear of the screw and consequently 
increased the vibrations coming from the MR control chain to the 
pilot's flight controls. The MR pitch rod upper link installation is 
identical on Model AS 350, EC 130, AS 355, SA 365 and AS 365 
helicopters, therefore, these models may be subject to the unsafe 
condition revealed on the Model AS 365 helicopter. The FAA is proposing 
this AD to address loss of tightening torque of the screws connecting 
the MR pitch rods to the horns of the upper links. This condition, if 
not addressed, could result in loss of one or more MR pitch rod upper 
links, possibly resulting in loss of control of the helicopter. See 
EASA AD 2021-0048 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0048 requires the application of alignment markings on 
the screw, washer, nut, and horn on both sides of each MR pitch rod 
upper link, and repetitive visual inspections of the two alignment 
markings to determine if the markings are aligned on both sides. If, 
during any inspection the markings on one or both sides of a MR pitch 
rod upper link are found misaligned, the additional actions and 
corrective actions include the following.
     Measuring the tightening torque value of the nut of the 
pitch rod upper link and adjusting the nut if it does not meet the 
specified criteria.
     Inspecting the pitch rod upper link to determine the 
condition of the bush (bushing) and spherical bearing and to determine 
if the cups are tight (paint mark in place), and measuring the play. If 
there is seizing, carbide chips, or the cups are loose (paint mark not 
in place), the corrective actions include replacing the spherical 
bearing. If the play measurement is greater than the specified 
measurement the corrective action is replacing the rod end fitting. 
Additional actions include checking the bonding and condition of the 
retaining ring and inspecting the pitch rod bodies for evidence of any 
impact, scratch, strike, or corrosion.
     Inspecting the pitch rods for chipped finish paint, 
scratches, impacts, and cracking, and measuring the play. If paint is 
chipped the corrective action is repair (sanding the affected area and 
applying touch-up primer and paint). If there is any scratch, an impact 
with a depth equal to or greater than the specified measurement, or any 
crack, the corrective action is replacing the pitch rod. If the play 
measurement is greater than 0.25 mm or there is cracking, the 
corrective action is replacing the spherical bearing. An additional 
action, if a helicopter was involved in an incident, is inspecting the 
straightness of the rod body ``R'' and replacing the pitch rod if the 
straightness of the rod body is greater than 0.5 mm.
     Inspecting the pitch horn for any evidence of impact, 
scratch, corrosion, chipped paint, cracking, and any elongated 
attachment hole; and inspecting the bonding of the retaining ring and 
measuring dimension ``X'' of the retaining ring. If there is any 
evidence of impact, scratch, or corrosion, and the depth meets the 
specified criteria, the corrective actions include touching up the 
affected area with an abrasive cloth and applying a protective coating 
and a coat of primer. If there is any cracking, elongated attachment 
hole, or the impact, scratch, or corrosion depth exceeds the specified 
criteria, the corrective action is replacing the pitch horn. If paint 
is chipped the corrective actions include sanding the affected area and 
applying touch-up primer and paint. If the retaining ring has debonded 
the corrective action is to rebond the retaining ring. If dimension 
``X'' of the retaining ring exceeds the specified

[[Page 59894]]

criteria, the corrective action is replacing the retaining ring.
     Measuring the geometry of ``G'' of the pitch horn and 
replacing the pitch horn if the dimension is not within the specified 
range.
     Installing new split pins, nuts, washers, and a screw on 
the pitch rod upper link.
    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.

FAA's Determination

    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 is proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other helicopters of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0048, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD.

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 proposes to incorporate EASA AD 2021-0048 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0048 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2021-0048 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 2021-
0048. Service information required by EASA AD 2021-0048 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0947 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,266 helicopters of U.S. Registry. The FAA estimates the 
following costs to comply with this proposed AD:

                                                Estimated Costs *
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                                                                                                Cost on U.S.
         Action                   Labor cost            Parts cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection..............  0.50 work-hour x $85 per                $0  $42.50 per            $53,805 per
                           hour = $42.50 per                           inspection cycle.     inspection cycle.
                           inspection cycle.
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* The FAA has determined that application of alignment markings would take a minimal amount of time at a nominal
  cost.

    The FAA estimates the following costs to do any necessary actions 
that would be required based on the results of the proposed inspection. 
The agency has no way of determining the number of aircraft that might 
need these actions:

                                              On-Condition Costs *
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Screw, Washer, Nut, and Split Pin Replacement.  1 work-hour x $85 per hour = $85             $40            $125
Spherical Bearing Replacement.................  4 work hours x $85 per hour =               $500            $840
                                                 $340.
Pitch Rod Replacement.........................  4 work hours x $85 per hour =             $3,000          $3,340
                                                 $340.
Pitch Horn Replacement........................  16 work hours x $85 per hour =            $4,000          $5,360
                                                 $1360.
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* The FAA has determined that ``repair'' of chipped paint would take a minimal amount of time at a nominal cost.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 59895]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Airbus Helicopters: Docket No. FAA-2021-0947; Project Identifier 
MCAI-2021-00195-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 13, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus Helicopters helicopters, 
certificated in any category, identified in paragraphs (c)(1) 
through (3) of this AD, all serial numbers.
    (1) Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350D, 
EC130B4, and EC130T2 helicopters.
    (2) Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP 
helicopters.
    (3) Model SA-365C1, SA-365C2, SA-365N, SA-365N1, AS-365N2, and 
AS 365 N3 helicopters.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor 
System.

(e) Unsafe Condition

    This AD was prompted by a report of increased vibration during 
flight on an Airbus Helicopters Model AS 365 helicopter. Subsequent 
investigation found a total loss of tightening torque of one screw 
connecting the main rotor (MR) pitch rod to the horn of its upper 
link, which led to abnormal wear of the screw and consequently 
increased the vibrations coming from the MR control chain to the 
pilot's flight controls. The FAA is issuing this AD to address loss 
of tightening torque of the screws connecting the MR pitch rods to 
the horns of the upper links. The unsafe condition, if not 
addressed, could result in loss of one or more MR pitch rod upper 
links, possibly resulting 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 
2021-0048, dated February 16, 2021 (EASA AD 2021-0048).

(h) Exceptions to EASA AD 2021-0048

    (1) Where EASA AD 2021-0048 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0048 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where the service information referenced in EASA AD 2021-
0048 specifies discarding parts, this AD requires removing those 
parts from service.
    (4) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0048.
    (5) Where a work card in the service information referenced in 
EASA AD 2021-0048 specifies returning a part to the manufacturer, 
this AD does not include that requirement.
    (6) For Model AS350 helicopters: For the visual inspection of 
the pitch rod upper link, where a work card in the service 
information referenced in EASA AD 2021-0048 specifies to do an 
inspection of a pitch rod body for any dent, impact, scratch, or 
corrosion, and any dent, impact, scratch, or corrosion is found, 
this AD requires replacing the pitch rod before further flight.
    (7) For Model AS355 helicopters: For the visual inspection of 
the pitch rod upper link, where a work card in the service 
information referenced in EASA AD 2021-0048 specifies to do an 
inspection of a pitch rod body for any impact, scratch, strike, or 
corrosion, and any impact, scratch, strike, or corrosion is found, 
this AD requires replacing the pitch rod before further flight.
    (8) For Model SA365 helicopters: For the visual inspection of 
the pitch rod upper link, where a work card in the service 
information referenced in EASA AD 2021-0048 specifies to ``check 
bonding and state retaining ring on the pitch rods,'' and any 
discrepancy (e.g., disbonding) is found and no corrective action is 
specified, before further flight, contact the Manager, General 
Aviation & Rotorcraft Section, International Validation Branch FAA; 
or EASA; or Airbus Helicopters' EASA Design Organization Approval 
(DOA); for approved corrective actions, and accomplish those actions 
before further flight. If approved by the DOA, the approval must 
include the DOA-authorized signature.
    (9) For Model SA365 helicopters: For the visual inspection of 
the pitch horn, if any discrepancy (corrosion, scratch, impact, 
crack, or debonded retaining ring) is found during the inspection of 
the pitch horn and there is no corrective action specified in the 
work card in the service information referenced in EASA AD 2021-
0048, before further flight, contact the Manager, General Aviation & 
Rotorcraft Section, International Validation Branch, FAA; or EASA; 
or Airbus Helicopters' EASA DOA; for approved corrective actions, 
and accomplish those actions before further flight. If approved by 
the DOA, the approval must include the DOA-authorized signature.
    (10) For Model AS365 helicopters: For the visual inspection of 
the pitch horn, where a work card in the service information 
referenced in EASA AD 2021-0048 specifies to do a dye penetrant 
inspection ``if in doubt,'' this AD requires doing a dye penetrant 
inspection.
    (11) For Model AS350 and EC130 helicopters: Where a work card in 
the service information referenced in EASA AD 2021-0048 refers to 
``the pitch change lever,'' for this AD, that term is equivalent to 
``pitch horn.''

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0048 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

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

(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)(2) 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 EASA AD 2021-0048, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.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. This material may be found in the AD docket at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0947.
    (2) 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].


[[Page 59896]]


    Issued on October 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-23515 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-13-P