[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Proposed Rules]
[Pages 43453-43456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15578]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0888; Project Identifier MCAI-2021-01211-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 supersede Airworthiness Directive (AD) 
2021-10-10, which applies to all Airbus Helicopters Model SA330J 
helicopters. AD 2021-10-10 requires repetitively inspecting the main 
gearbox (MGB) particle detector and the MGB bottom housing (oil sump) 
for metal particles, analyzing any metal particles that are found, and 
replacing the MGB if necessary. Since the FAA issued AD 2021-10-10, 
additional review concluded that installing an improved planet gear 
assembly is necessary. This proposed AD would continue to require 
repetitively inspecting the MGB particle detector and the MGB bottom 
housing (oil sump) for metal particles, and analyzing any metal 
particles that are found, and would also require replacing the planet 
gear assembly and repetitively inspecting and establishing an 
airworthiness limitation for that assembly 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 September 
6, 2022.

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 NPRM, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +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 service information 
identified in this NPRM, 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. The EASA material is 
also available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0888.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0888; 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 street address for 
Docket Operations is listed above.

[[Page 43454]]


FOR FURTHER INFORMATION CONTACT: Mahmood G. Shah, Aviation Safety 
Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; phone: 817-222-5538; 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-2022-0888; Project Identifier 
MCAI-2021-01211-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 
Mahmood G. Shah, Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; phone: 817-222-5538; 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

    The FAA issued AD 2021-10-10, Amendment 39-21543 (86 FR 27271, May 
20, 2021) (AD 2021-10-10), for all Airbus Helicopters Model SA330J 
helicopters. AD 2021-10-10 requires repetitively inspecting the MGB 
particle detector and the MGB bottom housing (oil sump) for metal 
particles, analyzing any metal particles that are found, and 
replacement of the MGB if necessary. The FAA issued AD 2021-10-10 to 
address the unsafe condition on these products. AD 2021-10-10 was 
prompted by EASA AD 2018-0272, dated December 13, 2018 (EASA AD 2018-
0272) to correct an unsafe condition for all Airbus Helicopters Model 
SA330J helicopters.

Actions Since AD 2021-10-10 Was Issued

    Since the FAA issued AD 2021-10-10, EASA, which is the Technical 
Agent for the Member States of the European Union, has issued 
superseding EASA AD 2021-0239, dated November 5, 2021 (EASA AD 2021-
0239), to correct an unsafe condition for all Airbus Helicopters Model 
SA330J helicopters.
    This proposed AD was prompted by additional review accomplished by 
Airbus Helicopters that concluded that replacing the second stage 
planet gear assembly with a new and improved second stage planet gear 
assembly part number (P/N) 330A32-9861-02 (modification (mod) 0751091) 
is necessary in order to further improve the level of safety of the 
fleet. The FAA is proposing this AD to address failure of an MGB second 
stage planet gear, which could result in failure of the MGB and 
subsequent loss of control of the helicopter. See EASA AD 2021-0239 for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0239 supersedes EASA AD 2018-0272 and continues to 
require repetitively inspecting the MGB particle detector and the MGB 
bottom housing (oil sump) for metal particles, and analyzing any metal 
particles that are found. EASA AD 2021-0239 also requires installing an 
MGB equipped with a new second-stage planet gear assembly P/N 330A32-
9861-02 (mod 0751091) or modifying an affected MGB by having the second 
stage planet gear assembly replaced by an Airbus Helicopter qualified 
technician; and extends the compliance time for the repetitive MGB 
bottom housing (oil sump) inspections and establishes a life limit for 
post-mod 0751091 helicopters.
    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 (ASB) 
No. SA330-05.103, Revision 3, dated October 4, 2021. This service 
information specifies procedures for checking (inspecting) the MGB 
particle detector and the bottom housing (oil sump) to ensure that 
there are no particles, and for particle analysis.
    The FAA also reviewed Airbus Helicopters ASB No. SA330-65.139, 
Revision 0, dated October 4, 2021 (ASB SA330-65.139). This service 
information specifies procedures for installing an MGB equipped with a 
new second-stage planet gear assembly P/N 330A32-9861-02 (mod 0751091) 
and the alternate action of having the second stage planet gear 
assembly replaced by an Airbus Helicopters qualified technician. The 
new second stage planet gear assembly has improved stress and fatigue 
characteristics. ASB SA330-65.139 also establishes an airworthiness 
limitation of 2,750 flight hours for all post mod 0751091 planet gear 
assemblies.

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 the same type design.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2021-10-10, this proposed AD would retain all of the 
requirements of AD 2021-10-10. Those requirements are referenced in 
EASA AD 2021-0239, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0239, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences

[[Page 43455]]

Between this Proposed AD and the EASA 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 2021-0239 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0239 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 2021-0239 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-
0239. Service information referenced in EASA AD 2021-0239 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0888 after the FAA final 
rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2021-0239 requires certain actions be done after the last 
flight of the day or ``ALF,'' whereas this proposed AD would require 
doing those actions before the first flight of the day. EASA AD 2021-
0239 requires contacting the manufacturer if unsure about the 
characterization of the particles collected, whereas this proposed AD 
would not. If there are any 16NCD13 particles, EASA AD 2021-0239 
requires contacting the manufacturer and sending a 1-liter sample of 
oil to the manufacturer, whereas this proposed AD would not. EASA AD 
2021-0239 requires returning certain parts to the manufacturer, whereas 
this proposed AD would not. EASA AD 2021-0239 allows the option of 
modifying an affected MGB by having the second stage planet gear 
assembly replaced by an Airbus Helicopters qualified technician, 
whereas this proposed AD would allow that modification with certain 
approvals instead. EASA AD 2021-0239 allows different methods to 
accomplish the oil sump inspection, whereas this proposed AD would 
require a certain method. EASA AD 2021-0239 requires discarding certain 
parts, whereas this proposed AD would require removing those parts from 
service instead.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 15 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 proposed AD.
    Inspecting the MGB particle detector would take about 0.25 work-
hour for an estimated cost of $21 per helicopter and $315 for the U.S. 
fleet, per inspection cycle. Inspecting the MGB bottom housing (oil 
sump) would take up to about 4 work-hours for an estimated cost of $340 
per helicopter and $5,100 for the U.S. fleet, per inspection cycle.
    Replacing a second stage planet gear assembly would take about 100 
work-hours and parts would cost about $121,140 for an estimated cost of 
$129,640 per helicopter and $1,944,600 for the U.S. fleet, per 
replacement cycle. Alternatively, replacing an MGB would take about 100 
work-hours and parts would cost about $600,000 (overhauled) for an 
estimated cost of $608,500 per helicopter.

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.

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:
0
a. Removing Airworthiness Directive 2021-10-10, Amendment 39-21543 (86 
FR 27271, May 20, 2021); and
0
b. Adding the following new airworthiness directive:

Airbus Helicopters: Docket No. FAA-2022-0888; Project Identifier 
MCAI-2021-01211-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 6, 2022.

(b) Affected ADs

    This AD replaces AD 2021-10-10, Amendment 39-21543 (86 FR 27271, 
May 20, 2021).

(c) Applicability

    This AD applies to all Airbus Helicopters Model SA330J 
helicopters, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a failure of a second stage planet gear 
installed in the main gearbox (MGB). The FAA is issuing this AD to 
address failure of an MGB second stage planet gear, which could 
result in failure of the MGB and subsequent loss of control of the 
helicopter.

[[Page 43456]]

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2021-0239, dated November 5, 2021 (EASA AD 2021-0239).

(h) Exceptions to EASA AD 2021-0239

    (1) Where EASA AD 2021-0239 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0239 refers to March 30, 2018 (the 
effective date of EASA AD 2018-0065, dated March 23, 2018), this AD 
requires using the effective date of this AD.
    (3) Where EASA AD 2021-0239 refers to December 27, 2018 (the 
effective date of EASA AD 2018-0272, dated December 13, 2018), this 
AD requires using the effective date of this AD.
    (4) Where EASA AD 2021-0239 refers to flight hours (FH), this AD 
requires using hours time-in-service (TIS).
    (5) Where EASA AD 2021-0239 specifies actions be done after the 
last flight of the day or ``ALF,'' this AD requires doing those 
actions before the first flight of the day.
    (6) Where paragraph (1) of EASA AD 2021-0239 specifies to 
inspect the MGB particle detector ``in accordance with the 
instructions of Section 3 of the inspection ASB'' for this AD 
replace that phrase with ``by following the Accomplishment 
Instructions, paragraph 3.B.2.a., of the inspection ASB.''
    (7) Where paragraph (2) of EASA AD 2021-0239 specifies to 
inspect the MGB bottom housing (oil sump) ``in accordance with the 
instructions of Section 3 of the inspection ASB'' for this AD 
replace that phrase with ``by following the Accomplishment 
Instructions, paragraph 3.B.2.b. of the inspection ASB.''
    (8) Where the service information referenced in EASA AD 2021-
0239 specifies to perform a metallurgical analysis and contact the 
manufacturer if unsure about the characterization of the particles 
collected, this AD does not require contacting the manufacturer to 
determine the characterization of the particles collected.
    (9) Although the service information referenced in EASA AD 2021-
0239 specifies that if any 16NCD13 particles are found to contact 
the manufacturer and send a 1-liter sample of oil to the 
manufacturer, this AD does not require that action.
    (10) Although the service information referenced in EASA AD 
2021-0239 specifies returning certain parts to the manufacturer, 
this AD does not require that action.
    (11) Where paragraph (5) of EASA AD 2021-0239 allows modifying 
an affected MGB by having the second stage planet gear assembly 
replaced by an Airbus Helicopters qualified technician, this AD does 
not allow that action; instead of that action, this AD allows 
modifying an affected MGB in accordance with a method approved by 
the Manager, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA; or EASA; or Airbus Helicopters EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (12) Although the service information referenced in EASA AD 
2021-0239 specifies discarding certain parts, this AD requires 
removing the parts from service.
    (13) The ``Remarks'' section of EASA AD 2021-0239 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0239 
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 to operate the helicopter to a location where the 
helicopter can be modified, provided that the helicopter is operated 
during the day, under visual flight rules, and with 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)(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 2021-0239, 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. This material may be found in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0888.
    (2) For more information about this AD, contact Mahmood G. Shah, 
Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood 
Pkwy. Fort Worth, TX 76177; phone: 817-222-5538; email: 
[email protected].

    Issued on July 17, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-15578 Filed 7-20-22; 8:45 am]
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