[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Rules and Regulations]
[Pages 56865-56868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20152]



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 Rules and Regulations
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  Federal Register / Vol. 87 , No. 179 / Friday, September 16, 2022 / 
Rules and Regulations  

[[Page 56865]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1157; Project Identifier MCAI-2022-01093-R; 
Amendment 39-22177; AD 2022-19-08]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Airbus Helicopters Model SA341G and SA342J helicopters. This AD was 
prompted by a report of manufacturing defects on multiple tail rotor 
blades (TRBs). This AD requires visually inspecting certain part-
numbered TRBs for the presence of a linear indication; and depending on 
the inspection results, fluorescent penetrant inspecting the TRB and 
further corrective actions if necessary. This AD also prohibits 
installing an affected TRB unless certain requirements have been met, 
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 becomes effective October 3, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 3, 
2022.
    The FAA must receive comments on this AD by October 31, 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 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 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 
easa.europa.eu. You may find this IBR material on the EASA website at 
ad.easa.europa.eu. For Airbus Helicopters 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 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 at regulations.gov by searching for and locating Docket 
No. FAA-2022-1157.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1157; 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 street address for 
Docket Operations is listed above. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1701 Columbia Ave., Mail Stop: ACO, 
College Park, GA 30337; telephone (404) 474-5548; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD 2022-0169-E, dated August 
12, 2022 (EASA AD 2022-0169-E), to correct an unsafe condition for 
Airbus Helicopters, formerly Eurocopter, Eurocopter France, 
Aerospatiale, Sud Aviation, Model SA 341 G and SA 342 J (Gazelle) 
helicopters, all serial numbers.
    This AD was prompted by a report of manufacturing defects on 
multiple TRBs. EASA advises that an additional sample of TRBs from 
different manufacturing batches were visually inspected and further 
analysis revealed visual linear indications on approximately 75% of the 
TRBs inspected. EASA further advises that the visual linear indications 
were positioned at the aerofoil connection radius and perpendicular to 
the grain flow direction. EASA advises that follow-up dye penetrant 
inspections confirmed up to 20% of the TRBs were found to be affected 
and have a high risk for crack propagation.
    Additionally, EASA advises that the investigation of the root cause 
of the unsafe condition is still on-going; therefore EASA considers 
EASA AD 2022-0169-E an immediate protective measure and states that 
further action may follow. The FAA is issuing this AD to detect linear 
indications on a TRB, which could result in an in-flight TRB loss, 
unbalance or damage to the tail or other parts of the helicopter, and 
subsequent loss of control of the helicopter. See EASA AD 2022-0169-E 
for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0169-E requires, before any cleaning of the TRB, using 
a lamp (1000 lux) to visually check (inspect) the root area of each 
affected TRB for the presence of any linear indication; and cleaning 
certain areas of each TRB and repeating the visual check (inspection) 
of the TRB for a linear indication. Depending on the inspection 
results, EASA AD 2022-0169-E requires performing a (fluorescent) dye 
penetrant inspection of the root area of a TRB, and if a linear 
indication is detected, replacing the affected TRB with a serviceable 
part. EASA AD 2022-0169-E also requires, if the number of flight hours 
accumulated on an affected part

[[Page 56866]]

is unknown, before next flight, replacing the affected part with a 
serviceable part. EASA AD 2022-0169-E allows for a one-time ferry 
flight for an affected helicopter, in order to be moved to a location 
where the (fluorescent) dye penetrant inspection and/or the TRB 
replacement(s) can be performed, as long as there are no passengers 
onboard. Lastly, EASA AD 2022-0169-E prohibits installing an affected 
TRB on any helicopter unless certain requirements have been met.
    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 also reviewed Airbus Helicopters Emergency Alert Service 
Bulletin (EASB) No. SA341-65.71 for Model SA341G helicopters and non 
FAA-type certificated military Model SA341B, C, D, E, F, and H 
helicopters; and EASB No. SA342-65.71 for Model SA342J helicopters and 
non FAA-type certified military Model SA342 K, L, L1, M, M1, and MA 
helicopters, each Revision 0 and dated August 4, 2022 (co-published as 
one document). This service information specifies procedures for 
visually checking (inspecting) the TRB for presence of a linear 
indication; cleaning the TRB with a lint free rag and solvent and 
repeating the visual check (inspection); performing a (fluorescent) dye 
penetrant inspection if a linear indication is detected; removing and 
replacing any affected TRB if necessary; and recording compliance with 
the service information.

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 European Union, EASA, its technical representative, has 
notified the FAA of the unsafe condition described in its emergency AD. 
The FAA is issuing this AD after evaluating all pertinent information 
and determining that the unsafe condition exists and is likely to exist 
or develop on other helicopters of these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2022-0169-E, described previously, as IBRed, except for any differences 
identified as exceptions in the regulatory text of this AD and except 
as discussed under ``Differences Between this 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, 
EASA AD 2022-0169-E is IBRed in this FAA final rule. This AD, 
therefore, requires compliance with EASA AD 2022-0169-E in its entirety 
through that incorporation, except for any differences identified as 
exceptions in the regulatory text of this AD. Using common terms that 
are the same as the heading of a particular section in EASA AD 2022-
0169-E 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 2022-0169-E. Service information referenced in 
EASA AD 2022-0169-E for compliance will be available at regulations.gov 
by searching for and locating Docket No. FAA-2022-1157 after this final 
rule is published.

Differences Between This AD and the EASA AD

    EASA AD 2022-0169-E requires accomplishing a visual check of the 
root area of each affected part, whereas this AD requires accomplishing 
a visual inspection of the root area of each affected part. Although 
EASA AD 2022-0169-E does not define the phrase ``a linear indication,'' 
service information referenced in EASA AD 2022-0169-E defines this 
phrase as an indication for which the longest dimension is at least 
three times longer than the smallest one. This AD defines a linear 
indication as any linear indication perpendicular to the fiber 
direction of the blade that is detected regardless of size. Where EASA 
AD 2022-0169-E requires performing a dye penetrant inspection, this AD 
requires a fluorescent penetrant inspection (FPI) performed by a Level 
II or Level III inspector certified in the FAA-acceptable standards for 
nondestructive inspection personnel. Paragraph (5) of EASA AD 2022-
0169-E allows a ferry flight to operate the helicopter to a location 
where the dye penetrant inspection can be performed or where an 
affected part can be replaced as long as no passengers are onboard, 
whereas this AD does not allow compliance with paragraph (5) of EASA AD 
2022-0169-E; instead for this AD, a special flight permit may be issued 
to operate the helicopter to a location where the visual inspection or 
FPI can be performed, provided no passengers are onboard. This AD 
prohibits special flight permits if a linear indication has been 
detected by an FPI or a visible crack has been detected on a TRB.

Interim Action

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

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because the affected part is critical to the control of a helicopter. 
In addition, failure of an affected part can cause the part to depart 
from the helicopter, thereby causing damage to the helicopter and 
subsequent loss of control of the helicopter. Also, the FAA has no 
information pertaining to how quickly the condition may propagate to 
failure. Investigation is still on-going to determine the root cause of 
the defect and the number of parts affected by the same condition. In 
light of this, the initial visual inspection must be accomplished 
before further flight. Accordingly, notice and opportunity for prior 
public comment are impracticable and contrary to the public interest 
pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

[[Page 56867]]

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-1157; Project Identifier MCAI-
2022-01093-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Dan 
McCully, Program Manager, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1701 Columbia 
Ave., Mail Stop: ACO, College Park, GA 30337; telephone (404) 474-5548; 
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.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 22 helicopters of U.S. 
Registry. There may be up to 13 affected TRBs per helicopter. Labor 
rates are estimated at $85 per work-hour. Based on these numbers, the 
FAA estimates the following costs to comply with this AD.
    Visually inspecting one TRB for presence of a linear indication 
takes about 1 work-hour for an estimated cost of $85 per inspection. 
Visually inspecting each additional TRB takes about 0.1 work-hour for 
an estimated cost of $9 per inspection. The cost for inspecting each 
helicopter may be up to $193 and the cost for the U.S. fleet may be up 
to $4,246.
    If required, fluorescent penetrant inspecting a TRB for the 
presence of a linear indication takes about 2 work-hours for an 
estimated cost of $170 per inspection.
    If required, removing an affected TRB and replacing it with a 
serviceable TRB takes about 2 work-hours and parts cost about $3,630 
for an estimated cost of $3,800 per replacement. Removing each 
additional affected TRB and replacing it with a serviceable TRB takes 
about an additional 0.5 work-hour and parts cost about $3,630 for an 
estimated cost of $3,673 for each additional replacement.

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, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2022-19-08 Airbus Helicopters: Amendment 39-22177; Docket No. FAA-
2022-1157; Project Identifier MCAI-2022-01093-R.

(a) Effective Date

    This airworthiness directive (AD) is effective October 3, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model SA341G and 
SA342J helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6410, Tail Rotor 
Blades.

(e) Unsafe Condition

    This AD was prompted by a report of manufacturing defects on 
multiple tail rotor blades (TRBs). The FAA is issuing this AD to 
detect linear indications on a TRB. The unsafe condition, if not 
addressed, could result in an in-flight TRB loss, unbalance or 
damage to the tail or other parts of the helicopter, and subsequent 
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 paragraphs (h) and (i) of this AD: Comply 
with all required

[[Page 56868]]

actions and compliance times specified in, and in accordance with, 
European Union Aviation Safety Agency Emergency AD 2022-0169-E, 
dated August 12, 2022 (EASA AD 2022-0169-E).

(h) Exceptions to EASA AD 2022-0169-E

    (1) Where EASA AD 2022-0169-E requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2022-0169-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2022-0169-E states to 
``accomplish a visual check of the root area of each affected 
part,'' for this AD, replace that text with ``accomplish a visual 
inspection of the root area of each affected part.''
    (4) Where paragraph (2) of EASA AD 2022-0169-E states, ``linear 
indication,'' for the purposes of this AD, a linear indication is 
any linear indication perpendicular to the fiber direction of the 
blade that is detected regardless of size.
    (5) Where paragraph (2) of EASA AD 2022-0169-E states to 
``accomplish a dye penetrant inspection of the root area of each 
discrepant part in accordance with the instructions of the ASB,'' 
for this AD replace that text with ``perform a fluorescent penetrant 
inspection (FPI) of the root area of each affected part that has any 
linear indication (perpendicular to the fiber direction of the blade 
and regardless of size), in accordance with the Accomplishment 
Instructions, paragraph 3.B.3. of the ASB. This FPI must be 
accomplished by a Level II or Level III inspector certified in the 
FAA-acceptable standards for nondestructive inspection personnel.''
    Note 1 to paragraph (h)(5): Advisory Circular 65-31B contains 
examples of FAA-acceptable Level II and Level III qualification 
standards criteria for inspection personnel doing nondestructive 
test inspections.
    (6) This AD does not mandate paragraph (3) of EASA AD 2022-0169-
E; instead, for this AD, if as a result of the action required by 
paragraph (2) of EASA AD 2022-0169-E, there is any linear indication 
(perpendicular to the fiber direction of the blade and regardless of 
size), before further flight, remove the affected TRB from service 
and replace it with a serviceable part as defined in EASA AD 2022-
0169-E.
    (7) This AD does not allow paragraph (5) of EASA AD 2022-0169-E, 
instead for this AD use paragraph (j) of this AD.
    (8) Where the service information referenced in EASA AD 2022-
0169-E specifies to discard the TRB if a linear indication is 
detected, this AD requires before further flight, removing that part 
from service.
    (9) Where the service information referenced in EASA AD 2022-
0169-E specifies to use tooling, this AD allows the use of 
equivalent tooling.
    (10) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2022-0169-E.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-
0169-E specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) Special Flight Permit

    A special flight permit may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
visual inspection or FPI can be performed, provided no passengers 
are onboard. Special flight permits are prohibited if a linear 
indication has been detected by an FPI or a visible crack has been 
detected on a TRB.

(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, 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 Dan McCully, Program 
Manager, COS Program Management Section, Operational Safety Branch, 
Compliance & Airworthiness Division, FAA, 1701 Columbia Ave., Mail 
Stop: ACO, College Park, GA 30337; telephone (404) 474-5548; 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) Emergency AD 
2022-0169-E, dated August 12, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0169-E, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet easa.europa.eu. You may find the EASA 
material on the EASA website at 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 regulations.gov by searching for and 
locating Docket No. FAA-2022-1157.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 6, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-20152 Filed 9-14-22; 11:15 am]
BILLING CODE 4910-13-P