[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Rules and Regulations]
[Pages 61233-61236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21949]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0888; Project Identifier MCAI-2021-01211-R; 
Amendment 39-22191; AD 2022-20-07]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-10-10 
for all Airbus Helicopters Model SA330J helicopters. AD 2021-10-10 
required 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 AD 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, and also 
requires 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 incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 15, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 15, 
2022.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
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 final rule, any comments received, and other 
information. The address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA material that is incorporated by reference (IBR) 
in this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 
Cologne, Germany; phone: +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.
     You may view this 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 at 
regulations.gov under Docket No. FAA-2022-0888.

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:

[[Page 61234]]

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-10-10, Amendment 39-21543 (86 FR 
27271, May 20, 2021) (AD 2021-10-10). AD 2021-10-10 applied to all 
Airbus Helicopters Model SA330J helicopters. AD 2021-10-10 required 
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. AD 2021-10-10 
was prompted by EASA AD 2018-0272, dated December 13, 2018 (EASA AD 
2018-0272), issued by EASA, which is the Technical Agent for the Member 
States of the European Union, to correct an unsafe condition for all 
Airbus Helicopters Model SA 330 J helicopters. The FAA issued AD 2021-
10-10 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.
    The NPRM published in the Federal Register on July 21, 2022 (87 FR 
43453). The NPRM was prompted by EASA AD 2021-0239, dated November 5, 
2021 (EASA AD 2021-0239). 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 part number (P/N) 330A32-9861-02 (mod 0751091) or modifying an 
affected MGB by having the second stage planet gear assembly replaced 
by an Airbus Helicopters 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.
    You may examine EASA AD 2021-0239 in the AD docket at 
regulations.gov under Docket No. FAA-2022-0888.
    In the NPRM, the FAA proposed to 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 AD and except as discussed under 
``Differences Between this AD and the EASA AD.''

Discussion of Final Airworthiness Directive

Comments

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

Conclusion

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
its AD referenced above. 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 products. Except for minor editorial changes, this AD is 
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2021-0239, which 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 
Helicopters 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 ADDRESSES.

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.

Differences Between This 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 AD requires 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 AD does 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 AD 
does not. EASA AD 2021-0239 requires returning certain parts to the 
manufacturer, whereas this AD does 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 AD allows that modification with certain approvals 
instead. EASA AD 2021-0239 allows different methods to accomplish the 
oil sump inspection, whereas this AD requires a certain method. EASA AD 
2021-0239 requires discarding certain parts, whereas this AD requires 
removing those parts from service instead.

Costs of Compliance

    The FAA estimates that this AD affects 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 AD.
    Inspecting the MGB particle detector takes 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) 
takes 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 takes about 100 work-
hours and parts 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.

[[Page 61235]]

Alternatively, replacing an MGB takes about 100 work-hours and parts 
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 has determined that 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 2021-10-10, Amendment 39-21543 (86 
FR 27271, May 20, 2021); and
0
b. Adding the following new airworthiness directive:

2022-20-07 Airbus Helicopters: Amendment 39-22191; Docket No. FAA-
2022-0888; Project Identifier MCAI-2021-01211-R.

(a) Effective Date

    This airworthiness directive (AD) is effective November 15, 
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 SA330 J 
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.

(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

[[Page 61236]]

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 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].

(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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0239, 
dated November 5, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0239, 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 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-2022-0888.
    (5) You may view this service information 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 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-21949 Filed 10-7-22; 8:45 am]
BILLING CODE 4910-13-P