[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2199-2202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00680]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1664; Project Identifier MCAI-2022-01585-R; 
Amendment 39-22294; AD 2022-27-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Helicopters Model EC130T2 helicopters. This AD was 
prompted by a crack in the tailboom. This AD requires repetitively 
inspecting the vibration level on the tail rotor drive shaft and, 
depending on the results, taking corrective action. This AD also 
requires reporting information and prohibits installing certain rotor 
drive shafts unless the inspection is done, 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 January 30, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 30, 
2023.
    The FAA must receive comments on this AD by February 27, 2023.

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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1664; 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 listed above.
    Material Incorporated by Reference:
     For EASA material that is incorporated by reference 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 the EASA material on the EASA website at 
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. It is also available at 
regulations.gov under Docket No. FAA-2022-1664.
    Other Related Service Information: 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 also view this 
service information at the FAA contact information under Material 
Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION: 

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-2022-1664; Project Identifier MCAI-
2022-01585-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 Kristi 
Bradley, Program Manager, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected]. Any commentary that the FAA receives that is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD 2022-0251-E, dated 
December 14, 2022 (EASA AD 2022-0251-E), to correct an unsafe condition 
on Airbus Helicopters Model EC 130 T2 helicopters with modification 
079809 incorporated in production.
    This AD was prompted by a report of a crack in the tailboom. During 
the preceding flight, the pilot experienced a humming sound and 
vibrations in the pedals. A subsequent balancing of the tail rotor 
drive shaft revealed an excessive vibration level. The FAA is issuing 
this AD to address an excessive vibration level on the tail rotor drive 
shaft, which could result in failure of the tail rotor drive shaft and 
subsequent loss of yaw control of the helicopter.
    You may examine EASA AD 2022-0251-E in the AD docket at 
regulations.gov under Docket No. FAA-2022-1664.

[[Page 2200]]

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0251-E requires repetitively checking the balancing of 
the tail rotor drive shaft by measuring the vibration level. Depending 
on the results, EASA AD 2022-0251-E requires contacting Airbus 
Helicopters to obtain approved instructions, accomplishing those 
instructions, and reporting the results to Airbus Helicopters. Lastly, 
EASA AD 2022-0251-E prohibits installing certain part-numbered tail 
rotor drive shafts on any helicopter unless its requirements are 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 reviewed Airbus Helicopters Emergency Alert Service 
Bulletin No. EC130-05A042, Revision 0, dated December 14, 2022. This 
service information specifies procedures for measuring the vibration 
level on the tail rotor drive shaft and reporting the results to Airbus 
Helicopters.
    The FAA also reviewed AMM Task 65-11-01,5-1A, Adjustment--Balancing 
of the tail rotor drive line (with the STEADY Control tuning 
equipment)--Tail Drive Line POST MOD 079809 and AMM Task 65-11-01,5-1B, 
Adjustment--Balancing of the tail rotor drive shaft (with the VIBREX 
2000 adjustment equipment)--Tail Drive Line POST MOD 079809, both 
Update 2 and dated July 3, 2022. This service information specifies 
procedures for measuring the vibration level on the tail rotor drive 
shaft, analyzing the results, and balancing the tail rotor drive line 
or shaft.

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, its technical representative, 
has notified the FAA of the unsafe condition described in its AD. The 
FAA is issuing this AD after determining that the unsafe condition 
described previously is likely to exist or develop on other helicopters 
of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2022-0251-E, described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and 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 2022-0251-E is incorporated by reference in this FAA final 
rule. This AD, therefore, requires compliance with EASA AD 2022-0251-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 2022-0251-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 2022-0251-E. Service information 
referenced in EASA AD 2022-0251-E for compliance will be available at 
regulations.gov under Docket No. FAA-2022-1664 after this final rule is 
published.

Differences Between This AD and the EASA AD

    EASA AD 2022-0251-E requires tail rotor drive shaft checks, whereas 
this AD requires tail rotor drive shaft inspections because those 
actions must be accomplished by persons authorized under 14 CFR 43.3. 
Depending on the results of the vibration check, EASA AD 2022-0251-E 
specifies contacting Airbus Helicopters to obtain approved instructions 
and accomplishing those instructions, whereas this AD requires 
accomplishing corrective action in accordance with a method approved by 
the FAA, EASA, or Airbus Helicopters' EASA Design Organization 
Approval. For inspection results of more than 1.4 inch per second, this 
AD requires reporting those results to Airbus Helicopters before 
further flight, whereas EASA AD 2022-0251-E is unclear about reporting 
that information. For inspection results of 1.4 or less inch per 
second, EASA AD 2022-0251-E specifies to report results within 14 days, 
whereas this AD requires reporting those results within 10 days.

Interim Action

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

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 tail rotor drive shaft is critical to the control of a 
helicopter and a failure of the tail rotor drive shaft could occur 
during any phase of flight without previous indication. The FAA also 
has no information pertaining to how quickly the condition may 
propagate to failure. In light of this and, depending how many hours 
the helicopter has accumulated, for some operators the initial 
inspection must be accomplished before further flight. For other 
operators, the initial inspection must be accomplished before 
accumulating 50 total hours time-in-service or within three months, 
whichever occurs first, which is shorter than the time necessary for 
the public to comment and for publication of the final rule. 
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.

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

[[Page 2201]]

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 9 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 tail rotor drive shaft takes about 4 work-hours for 
an estimated cost of $340 per helicopter and $3,060 for the U.S. fleet, 
per inspection cycle. Reporting information to the manufacturer takes 
about 1 work-hour for an estimated cost of $85 per helicopter for each 
report.
    The corrective action that may be needed as a result of the 
inspection could vary significantly from helicopter to helicopter. The 
FAA has no data to determine the costs to accomplish the corrective 
action or the number of helicopters that may require corrective action.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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:

2022-27-09 Airbus Helicopters: Amendment 39-22294; Docket No. FAA-
2022-1664; Project Identifier MCAI-2022-01585-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 30, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model EC130T2 helicopters, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) Emergency AD 2022-0251-E, dated 
December 14, 2022 (EASA AD 2022-0251-E).

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6510, Tail Rotor 
Drive Shaft.

(e) Unsafe Condition

    This AD was prompted by a report of a crack in the tailboom. The 
FAA is issuing this AD to address an excessive vibration level on 
the tail rotor drive shaft. The unsafe condition, if not addressed, 
could result in failure of the tail rotor drive shaft and subsequent 
loss of yaw control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2022-0251-E.

(h) Exceptions to EASA AD 2022-0251-E

    (1) Where EASA AD 2022-0251-E requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2022-0251-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where EASA AD 2022-0251-E refers to tail rotor drive shaft 
checks, this AD requires tail rotor drive shaft inspections.
    (4) Where paragraph (2) of EASA AD 2022-0251-E specifies 
contacting AH [Airbus Helicopters] to obtain approved instructions, 
this AD requires, before further flight, reporting results to Airbus 
Helicopters and accomplishing corrective action 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.
    (5) Where paragraph (3) of EASA AD 2022-0251-E specifies 
reporting results to AH [Airbus Helicopters] within 14 days after 
the check, this AD requires reporting the results at the applicable 
time in paragraph (h)(5)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 10 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 10 days after the effective date 
of this AD.
    (6) This AD does not adopt the Remarks paragraph of EASA AD 
2022-0251-E.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 only to operate the helicopter to a location where 
the first tail rotor drive shaft inspection can be performed, 
provided no passengers are onboard.

[[Page 2202]]

(j) 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 (k) 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.

(k) Related Information

    For more information about this AD, contact Kristi Bradley, 
Program Manager, COS Program Management Section, Operational Safety 
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].

(l) 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 
2022-0251-E, dated December 14, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0251-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.
    (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 January 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-00680 Filed 1-11-23; 11:15 am]
BILLING CODE 4910-13-P