[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Rules and Regulations]
[Pages 24404-24407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08803]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0102; Project Identifier MCAI-2021-00841-R; 
Amendment 39-22024; AD 2022-09-04]
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) for 2021-
05-05 which applied to all Airbus Helicopters Model SA-365N1, AS-365N2, 
AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters. AD 2021-05-05 
required modifying the helicopter by replacing the tail rotor gearbox 
(TGB) control shaft guide bushes; repetitive inspections (checks) of 
the oil level of the TGB and, if necessary, filling the oil to the 
maximum level; repetitive inspections of the TGB magnetic plug and 
corrective actions if necessary; repetitive replacements of a certain 
control rod double bearing (bearing); and modifying the helicopter by 
replacing the TGB. This AD was prompted by a report where during a 
landing phase, a helicopter lost tail rotor pitch control, which was 
caused by significant damage to the TGB bearing. This AD retains some 
of the requirements of AD 2021-05-05, and reduces the intervals of the 
magnetic plug inspection, revises the corrective actions if particles 
are detected, and revises the compliance time for replacement of the 
affected part, 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 May 31, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 31, 
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
final rule, 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. For Airbus Helicopters and Eurocopter 
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 that is IBRed is also 
available in the AD docket at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0102.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0102; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, the 
EASA AD, any comments received, and other information. The address for 
Docket Operations is U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-05-05, Amendment 39-21448 (86 FR 
13972, March 12, 2021) (AD 2021-05-05). AD 2021-05-05 applied to all 
Airbus Helicopters Model SA-365N1, AS-365N2, AS 365 N3, SA-366G1, EC 
155B, and EC155B1 helicopters. AD 2021-05-05 required repetitive checks 
of the oil level of the TGB and if necessary, filling the oil to the 
maximum level. AD 2021-05-05 also required modifying the helicopter by 
replacing the TGB control shaft guide bushes; repetitive inspections of 
the TGB magnetic plug and corrective actions if necessary; repetitive 
replacements of the bearing; and modifying the helicopter by replacing 
the TGB. The NPRM published in the Federal Register on February 18, 
2022 (87 FR 9277). The NPRM was prompted by a report where during a 
landing phase, a helicopter lost tail rotor pitch control, which was 
caused by significant damage to the TGB bearing. The NPRM was also 
prompted by the determination that reduced inspection intervals, 
updated corrective actions, and a revised compliance time for 
replacement of affected parts are necessary to address the unsafe 
condition. Furthermore, the FAA determined that the magnetic plug 
inspection interval must be reduced based on additional testing of the 
affected part by the manufacturer, and the compliance time for 
replacement of the affected part must be reduced.
    The NPRM proposed to retain certain actions in AD 2021-05-05; 
reduce the intervals of the magnetic plug inspection; revise the 
corrective actions if particles are detected; and revise the compliance 
time for replacement of the affected part. The NPRM also proposed to 
allow the oil level inspections (checks) to be performed by the owner/
operator (pilot) holding at least a private pilot certificate and must 
be entered into the aircraft records showing compliance with the 
proposed AD in accordance with 14 CFR 43.9 (a)(1) through (4) and 14 
CFR 91.417(a)(2)(v). The record must be maintained as required by 14 
CFR 91.417 or 135.439.
    The NPRM was prompted by EASA AD 2021-0171, dated July 19, 2021 
(EASA AD 2021-0171), issued by EASA, which is the Technical Agent for 
the Member States of the European Union, to correct an unsafe condition 
for Airbus Helicopters (AH), formerly Eurocopter (EC), Eurocopter 
France, Aerospatiale, Sud Aviation, Model SA 365 N1, AS 365 N2, AS 365 
N3, EC 155 B, and EC 155 B1 helicopters, all serial numbers.
    The FAA is issuing this AD to prevent damage to the bearing, which 
if not addressed, could result in loss of yaw control of the 
helicopter. See EASA AD 2021-0171 for additional background 
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

[[Page 24405]]

Conclusion

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA about the 
unsafe condition described in its AD. The FAA reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters. This AD is adopted as proposed in the 
NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0171 specifies procedures for modifying the helicopter 
by replacing TGB control shaft guide bushes, and specifies procedures 
for repetitive inspections of the oil level of the TGB, and if 
necessary, filling the oil to the maximum level. EASA AD 2021-0171 also 
describes procedures for repetitive inspections of the TGB magnetic 
plug for the presence of particles and updated corrective actions if 
necessary (corrective actions include removing the TGB; complying with 
certain work cards to address any particles found, and other conditions 
such as abrasions, scales, flakes, and splinters; placing the 
helicopter under close monitoring; and if required replacing any 
affected bearing); initial and repetitive replacements of the bearing 
with an improved part; and modifying the helicopter by replacing the 
TGB bearing or replacing the TGB. EASA AD 2021-0171 specifies replacing 
the TGB bearing is a terminating action for the repetitive inspections 
of the magnetic plug; and replacing the TGB is a terminating action for 
the repetitive inspections of the magnetic plug, and the repetitive 
replacements of the bearing. EASA AD 2021-0171 also prohibits 
installing a certain bearing or a certain TGB on any helicopter.
    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.

Other Related Service Information

    The FAA reviewed Airbus Helicopters Alert Service Bulletin No. 
AS365-01.00.67 (ASB AS365-01.00.67 Rev 6) and Airbus Helicopters Alert 
Service Bulletin No. EC155-04A014 (ASB EC155-04A014 Rev 6), both 
Revision 6, and both dated June 14, 2021. ASB AS365-01.00.67 Rev 6 and 
ASB EC155-04A014 Rev 6 both specify procedures for replacement of the 
TGB bearing before mod 07 65B63 installation, inspection of the TGB 
magnetic plug, removing the control shaft/rod assembly to inspect the 
bearing, and maintaining the TGB operating oil at the maximum level, 
and specify the monitoring criteria of the bearing.
    The FAA also reviewed Eurocopter Service Bulletin AS365 No. 
65.00.17, and Eurocopter Service Bulletin EC155 No. 65-006, both 
Revision 1 and both dated February 23, 2011. Both service bulletins 
specify instructions for introducing Eurocopter (EC) mod 07 65B58.

Differences Between This AD and EASA AD 2021-0171

    EASA AD 2021-0171 revises the applicability by removing the 
reference to Model SA 366 G1 helicopters because the EASA type 
certificate has been surrendered. However, Model SA-366G1 helicopters 
are still on the U.S. type certificate data sheet, even though there 
are no current U.S. operators. Therefore, this AD includes Model SA-
366G1 helicopters.

Costs of Compliance

    The FAA estimates that this AD affects 50 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD:

                                  Estimated Costs for Retained Required Actions
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                                                                                                   Cost on U.S.
              Action                      Labor cost         Parts cost      Cost per  product         fleet
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Replace guide bushes..............  4.00 work-hours x $85          $1,586  $1,926 per                    $96,300
                                     per hour = $340.                       replacement.
Daily oil level inspection........  1.00 work-hour x $85                0  $85 per inspection              4,250
                                     per hour = $85.                        cycle.
Recurring plug inspection.........  1.00 work-hour x $85                0  $85 per inspection              4,250
                                     per hour = $85.                        cycle.
Inspect bearing...................  8.00 work-hours x $85               0  $680 per inspection..          34,000
                                     per hour = $680.
Replace bearing...................  48.00 work-hours x                377  $4,457 per                    222,850
                                     $85 per hour =                         replacement.
                                     $4,080.
Replace TGB.......................  8.00 work-hours x $85         155,302  $155,982 per                7,799,100
                                     per hour = $680.                       replacement.
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    This AD does not add new required actions; however, the compliance 
times for certain actions have been reduced and a certain on-condition 
action has been revised.

                 Estimated Costs of On-Condition Actions
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           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 4 work-hours $85 per hour   Up to $1,395......  Up to $1,735.
 = $340.
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    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. The FAA does not control warranty coverage for affected 
individuals. As a result, the FAA has included all costs in the cost 
estimate.

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.

[[Page 24406]]

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 (AD) 2021-05-05, Amendment 39-21448 
(86 FR 13972, March 12, 2021); and
0
b. Adding the following new AD:

2022-09-04 Airbus Helicopters: Amendment 39-22024; Docket No. FAA-
2022-0102; Project Identifier MCAI-2021-00841-R.

(a) Effective Date

    This airworthiness directive (AD) is effective May 31, 2022.

(b) Affected ADs

    This AD replaces AD 2021-05-05, Amendment 39-21448 (86 FR 13972, 
March 12, 2021) (AD 2021-05-05).

(c) Applicability

    This AD applies to Airbus Helicopters Model SA-365N1, AS-365N2, 
AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters, all serial 
numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6500, Tail Rotor 
Drive System.

(e) Unsafe Condition

    This AD was prompted by a report where during a landing phase, a 
helicopter lost tail rotor pitch control, which was caused by 
significant damage to the tail rotor gearbox (TGB) control rod 
double bearing (bearing). This AD was also prompted by the 
determination that reduced inspection intervals, updated corrective 
actions, and increased compliance time for replacement of affected 
parts are necessary to address the unsafe condition. The FAA is 
issuing this AD to prevent damage to the bearing, which if not 
addressed, 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) Required Actions

    (1) For Model SA-365N1, AS-365N2, AS 365 N3, EC 155B, and 
EC155B1 helicopters: 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 2021-0171, dated July 19, 2021 (EASA AD 2021-0171).
    (2) For Model SA-366G1 helicopters: Before further flight after 
the effective date of this AD, accomplish the actions (e.g., modify 
the helicopter by replacing the TGB control shaft guide bushes, do 
repetitive inspections of the TGB magnetic plug and applicable 
corrective actions; do repetitive replacements of a certain bearing; 
and modify the helicopter by replacing the TGB) specified in 
paragraph (g)(l) of this AD using a method approved by the FAA.

(h) Exceptions to EASA AD 2021-0171

    (1) Where EASA AD 2021-0171 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0171 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (3) Where EASA AD 2021-0171 requires action after the last 
flight of the day or ``ALF,'' this AD requires those actions before 
the first flight of the day.
    (4) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0171.
    (5) Where paragraph (2) of EASA AD 2021-0171 requires 
inspections (checks) to be done ``in accordance with the 
instructions of Paragraph 3.B.1 of the applicable inspection ASB,'' 
for this AD, those instructions are for reference only and are not 
required for the actions in paragraph (2) of EASA AD 2021-0171. The 
inspections (checks) required by paragraph (2) of EASA AD 2021-0171 
may be performed by the owner/operator (pilot) holding at least a 
private pilot certificate and must be entered into the aircraft 
records showing compliance with this AD in accordance with 14 CFR 
43.9 (a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record must 
be maintained as required by 14 CFR 91.417 or 135.439.
    (6) Where paragraph (5) of EASA AD 2021-0171 specifies ``if any 
discrepancy is detected, as defined in the applicable inspection 
ASB, before next flight, accomplish the applicable corrective 
action(s) in accordance with the instructions of Paragraph 3.B.1 of 
the applicable inspection ASB,'' for this AD, a qualified mechanic 
must add oil to the TGB to the ``max'' level if the oil level is not 
at maximum. The instructions are for reference only and are not 
required for the actions in paragraph (5) of EASA AD 2021-0171.
    (7) Where paragraph (6) of EASA AD 2021-0171 refers to ``any 
discrepancy,'' for this AD, discrepancies include the presence of 
particles and other conditions such as abrasions, scales, flakes, 
and splinters.
    (8) Where the service information referred to in EASA AD 2021-
0171 specifies to perform a metallurgical analysis and contact the 
manufacturer if collected particles are not clearly characterized, 
this AD does not require contacting the manufacturer to determine 
the characterization of the particles collected.
    (9) Although service information referenced in EASA AD 2021-0171 
specifies to scrap parts, this AD does not include that requirement.
    (10) Although service information referenced in EASA AD 2021-
0171 specifies reporting information to Airbus Helicopters, filling 
in a ``particle detection'' follow-up sheet, and returning a 
``bearing monitoring sheet'' to Airbus Helicopters, this AD does not 
include those requirements.
    (11) Although service information referenced in EASA AD 2021-
0171 specifies returning certain parts to an approved workshop and 
returning certain parts to Airbus Helicopters, this AD does not 
include those requirements.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0171 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 provided that there are no passengers onboard.

(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) of 
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector,

[[Page 24407]]

or lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.

(l) Related Information

    For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; telephone (202) 267-9167; email [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0171, 
dated July 19, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0171, 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.
    (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 at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0102.
    (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 April 14, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-08803 Filed 4-25-22; 8:45 am]
BILLING CODE 4910-13-P