[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80556-80559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25556]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1720; Project Identifier MCAI-2023-00003-R; 
Amendment 39-22598; AD 2023-22-14]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Airbus Helicopters Model SA-365C1, SA-365C2, and SA-365N helicopters. 
This AD was prompted by reports of damaged control rod dual bearings 
(dual bearings) that are installed on the tail rotor gearbox (TGB). 
This AD requires repetitively inspecting the TGB magnetic plug for 
particles, analyzing any particles collected, taking corrective actions 
if necessary, and reporting certain information. Finally, this AD 
allows an affected dual bearing to be installed on a helicopter if 
certain actions are accomplished, 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 December 26, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 26, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1720; 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 identified 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 ad.easa.europa.eu.
     You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, 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-2023-1720.
    Other Related Service Information: For Airbus Helicopters service 
information identified in this AD, 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/en/products-services/helicopters/hcare-services/airbusworld. You may also view this 
service information at the FAA contact information under Material 
Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Kevin Kung, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
(781) 238-7244; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued a series of EASA ADs with the most recent 
being EASA AD 2023-0001, dated January 4, 2023 (EASA AD 2023-0001), to 
correct an unsafe condition on Airbus Helicopters Model SA 365 C1, SA 
365 C2, SA 365 C3, and SA 365 N helicopters, all manufacturer serial 
numbers.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Airbus Helicopters 
Model SA-365C1, SA-365C2, and SA-365N helicopters. The NPRM published 
in the Federal Register on September 1, 2023 (88 FR 60402). The NPRM 
was prompted by reports of damaged dual bearings that are installed on 
the TGB. The NPRM proposed to require repetitively inspecting the TGB 
magnetic plug for particles, analyzing any particles collected, taking 
corrective actions if necessary, and reporting certain information. The 
NPRM also proposed to allow installing an affected dual bearing on a 
helicopter if certain actions are accomplished, as specified in EASA AD 
2023-0001.
    The FAA is issuing this AD to inspect for particles in the TGB 
magnetic plug. The unsafe condition, if not addressed, could result in 
loss of yaw control and subsequent loss of control of the helicopter. 
See EASA AD 2023-0001 for additional background information.

[[Page 80557]]

Discussion of Final Airworthiness Directive

Comments

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

Conclusion

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA about the 
unsafe condition described in its AD. The FAA reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters. Except for clarifying the conditions 
that could exist after performing a metallurgical analysis in paragraph 
(h)(17) of this AD and minor editorial changes, this AD is adopted as 
proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0001 requires continuing close monitoring for certain 
helicopters and analyzing any particles collected during required 
inspections, repetitively inspecting the magnetic plug of the TGB for 
particles, and corrective actions. Corrective actions include replacing 
or repairing an affected TGB; sending certain information and affected 
parts to the manufacturer; accomplishing a metallurgical analysis; and 
replacing an affected dual bearing and other affected parts.
    Additionally, EASA AD 2023-0001 requires for certain helicopters 
with an affected dual bearing installed, performing a one-time 
inspection of the dual bearing.
    EASA AD 2023-0001 allows a dual bearing part number (P/N) 360A33-
4052-00 installed on a control rod of a TGB P/N 365A33-4000-00, 365A33-
4000-01, 365A33-4000-02, or 365A33-5000-00 to be installed on an 
aircraft, if certain 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 Alert Service Bulletin (ASB) 
No. AS365-05.00.83 and Airbus Helicopters ASB No. SA365-05.35, both 
Revision 0, and both dated February 7, 2022. This service information 
specifies procedures to inspect the magnetic plug of the TGB for 
particles; analyze and define the particles collected; replace an 
affected TGB and an affected dual bearing; perform a metallurgical 
analysis; and report certain information to the manufacturer.
    The FAA also reviewed Airbus Helicopters ASB No. AS365-65.00.20 
Revision 0, dated November 23, 2022. This service information specifies 
procedures for a one-time inspection of a certain dual bearing and 
replacement of the dual bearing if any particles are found.
    Additionally, the FAA reviewed Airbus Standard Practices Manual, 
20-08-01-601, Periodical monitoring of lubricating oil checking 
elements, dated July 7, 2020. This service information specifies 
procedures for analyzing collected particles.

Interim Action

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

Differences Between This AD and the EASA AD

    EASA AD 2023-0001 applies to Airbus Helicopters Model SA 365 C3 
helicopters, whereas this AD does not because that model is not FAA 
type-certificated.
    This AD clarifies that Model SA-365N helicopters with an affected 
dual bearing installed that has an unknown total number of hours time-
in-service accumulated on the dual bearing are subject to certain 
requirements in this AD, whereas EASA AD 2023-0001 is unclear about 
those parts with an accumulated usage that cannot be determined.
    EASA AD 2023-0001 does not clarify what is considered an anomaly 
regarding the chip detector and conical housing chip detector; whereas, 
for this AD, an anomaly may be indicated by the magnetic component of 
the TGB chip detector or the conical housing chip detector not being 
magnetized. EASA AD 2023-0001 also does not clarify what is considered 
good condition regarding the chip detector or conical housing chip 
detector; whereas, for this AD, good condition for the chip detector is 
indicated when there are no signs of wear on the locking systems 
(including wear on the bayonets and slotted tubes) and good condition 
for the conical housing chip detector is when the conical housing chip 
detector is magnetized.
    Where EASA AD 2023-0001 describes a doubt concerning the physical 
characteristics of any collected particles, this AD requires performing 
a metallurgical analysis. If there is any doubt remaining after 
performing the metallurgical analysis, EASA AD 2023-0001 requires 
contacting Airbus, whereas this AD requires removing an affected TGB 
from service and replacing it with an airworthy part, or repairing the 
TGB in accordance with a method approved by the FAA, EASA, or Airbus 
Helicopters' Design Organizational Approval (DOA) if the type, size, or 
classification of any collected particle cannot be determined after 
performing a metallurgical analysis.
    If any particles (including abrasion-type particles) are found on 
the magnetic plug during any inspection that are outside the limits, 
EASA AD 2023-0001 requires replacing each affected dual bearing with a 
serviceable dual bearing, and replacing the TGB, whereas this AD 
requires removing each affected dual bearing and replacing with a 
serviceable dual bearing, or removing the TGB from service and 
replacing it with an airworthy TGB, or repairing the TGB in accordance 
with a method approved by the FAA, EASA, or Airbus Helicopters' DOA.
    Service information referenced in EASA AD 2023-0001 permits a pilot 
to perform a magnetic plug check, whereas this AD does not.
    Service information referenced in EASA AD 2023-0001 specifies 
sending compliance forms, certain parts, and particles to the 
manufacturer, whereas this AD requires reporting certain information 
but does not require sending any parts or particles to the 
manufacturer.

Costs of Compliance

    The FAA estimates that this AD affects 1 helicopter 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 magnetic plug of the TGB for particles takes about 1 
work-hour for an estimated cost of $85 per inspection and up to $85 for 
the U.S. fleet, per inspection cycle.
    Inspecting a dual bearing takes about 16 work-hours for an 
estimated cost of $1,360 per inspection and up to $1,360 for the U.S. 
fleet. If required, replacing a dual bearing takes about 1 additional 
work-hour following the inspection and parts cost about $6,678 for an 
estimated cost of $6,763 per dual bearing replacement.
    If required, analyzing collected particles takes about 1 work-hour 
for an estimated cost of $85 per helicopter. If required, a 
metallurgical analysis takes about 1 work-hour for an estimated cost of 
$85 per instance.

[[Page 80558]]

    If required, replacing an O-ring takes about 1 work-hour and parts 
cost about $100 for an estimated cost of $185 per O-ring.
    If required, replacing a TGB takes about 8 work-hours and parts 
cost about $155,302 for an estimated cost of $155,982 per replacement.
    The FAA has received no definitive data for the repair cost of a 
TGB.
    If required, reporting information to the manufacturer takes about 
1 work-hour for an estimated cost of $85 per instance.

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 a 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 take 
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 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 adding the following new airworthiness 
directive:
2023-22-14 Airbus Helicopters: Amendment 39-22598; Docket No. FAA-
2023-1720; Project Identifier MCAI-2023-00003-R.

(a) Effective Date

    This airworthiness directive (AD) is effective December 26, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model SA-365C1, SA-365C2, 
and SA-365N helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6520, Tail rotor 
gearbox.

(e) Unsafe Condition

    This AD was prompted by reports of damaged control rod dual 
bearings (dual bearings) installed on the tail rotor gearbox (TGB). 
The FAA is issuing this AD to inspect for particles in the TGB 
magnetic plug. The unsafe condition, if not addressed, could result 
in loss of yaw control 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 paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2023-0001, dated January 4, 2023 (EASA AD 2023-0001).

(h) Exceptions to EASA AD 2023-0001

    (1) Where EASA AD 2023-0001 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2023-0001 refers to the effective dates 
specified in paragraphs (h)(2)(i) and (ii) of this AD, this AD 
requires using the effective date of this AD.
    (i) March 21, 2022 (the effective date of EASA AD 2022-0038, 
dated March 7, 2022).
    (ii) The effective date of EASA AD 2023-0001.
    (3) Where EASA AD 2023-0001 defines Groups, for Group 2, replace 
the text ``SA 365 N helicopters with an affected part installed that 
has accumulated 500 flight hours (FH) or more since first 
installation on a helicopter,'' with ``SA-365N helicopters with an 
affected part installed that has accumulated 500 or more total hours 
time-in-service on the affected part or the total hours time-in-
service on the affected part cannot be determined.''
    (4) Where the service information referenced in EASA AD 2023-
0001 permits a pilot to perform a check of the magnetic plug, this 
AD requires that action be performed by a person authorized under 14 
CFR 43.3.
    (5) Where Note 1 of EASA AD 2023-0001 specifies, ``Helicopters 
that were under close monitoring on March 21 2022 (the effective 
date of EASA AD 2022-0038) must continue the close monitoring 
procedure up to the first inspection accomplished in accordance with 
the instructions of ASB 1;'' for this AD, replace that text with, 
``Helicopters that are under close monitoring as of the effective 
date of this AD must continue close monitoring until the first 
instance of the requirements in paragraph (1) of EASA AD 2023-0001 
are completed.''
    (6) Where EASA AD 2023-0001 requires replacing the TGB and the 
service information referenced in EASA AD 2023-0001 specifies 
replacing the TGB, for this AD, before further flight, remove the 
TGB from service and replace it with an airworthy part, or repair 
the TGB in accordance with a method approved by the Manager, Europe 
Middle East & Africa Section, International Validation Branch, FAA; 
EASA; or Airbus Helicopters' Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.
    (7) Where paragraphs (5) and (6) of EASA AD 2023-0001 require 
replacing an affected part, as defined in EASA AD 2023-0001,

[[Page 80559]]

with a serviceable part, as defined in EASA AD 2023-0001; for this 
AD, remove the affected part, as defined in EASA AD 2023-0001, from 
service and replace it with a serviceable part, as defined in EASA 
AD 2023-0001.
    (8) Where paragraph (5) of EASA AD 2023-0001 does not specify a 
compliance time; for this AD, the compliance time for those actions 
is before further flight.
    (9) Where the service information (including any work card) 
referenced in EASA AD 2023-0001 specifies to do the actions 
identified in paragraphs (h)(9)(i) and (ii) of this AD, this AD does 
not include those requirements.
    (i) Comply with paragraph 2.D., except this AD requires 
reporting information, including the information in Appendix 4. of 
the service information, in accordance with paragraph (h)(18) of 
this AD.
    (ii) Send parts and particles to Airbus Helicopters.
    (10) Where the service information (including any work card) 
referenced in EASA AD 2023-0001 specifies replacing the chip 
detector or conical housing chip detector if there is an anomaly; 
for this AD, an anomaly may be indicated by the magnetic component 
of the TGB chip detector or the conical housing chip detector not 
being magnetized. If there is an anomaly, this AD requires before 
further flight, removing from service the TGB chip detector or the 
conical housing chip detector, as applicable to your model 
helicopter.
    (11) Where the service information (including any work card) 
referenced in EASA AD 2023-0001 specifies making sure that the chip 
detector or conical housing chip detector is in good condition; for 
this AD, good condition for the chip detector is indicated when 
there are no signs of wear on the locking systems (including wear on 
the bayonets and slotted tubes). If there are any signs of wear on 
the locking systems, this AD requires, before further flight, 
removing the TGB chip detector from service. Good condition for the 
conical housing chip detector is when the conical housing chip 
detector is magnetized. If the conical housing chip detector is not 
magnetized, this AD requires, before further flight, removing the 
conical housing chip detector from service.
    (12) Where the service information (including any work card) 
referenced in EASA AD 2023-0001 specifies replacing the O-rings if 
necessary; this AD requires, before further flight, removing any 
affected O-ring from service and replacing it with an airworthy O-
ring.
    (13) Where the service information (including any work card) 
referenced in EASA AD 2023-0001 specifies removing an affected TGB, 
returning it to an approved workshop, including sending all the 
particles found in the affected part; this AD requires, before 
further flight, removing an affected TGB from service and replacing 
it with an airworthy part, or repairing the TGB in accordance with a 
method approved by the Manager, Europe Middle East & Africa Section, 
International Validation Branch, FAA; EASA; or Airbus Helicopters' 
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature. You are not required to send the particles 
found in the TGB to Airbus Helicopters or send an affected TGB to an 
approved workshop.
    (14) Where the service information (including any work card) 
referenced in EASA AD 2023-0001 specifies to use tooling, this AD 
allows the use of equivalent tooling.
    (15) Where the service information (including any work card) 
referenced in EASA AD 2023-0001 specifies discarding certain parts, 
this AD requires removing those parts from service.
    (16) Where the service information (including any work card) 
referenced in EASA AD 2023-0001 specifies performing a metallurgical 
analysis of particles if there is a doubt concerning the type, size, 
or classification of any collected particle, this AD requires, 
before further flight, performing a metallurgical analysis if the 
type, size, or classification of any collected particle cannot be 
determined.
    (17) Where the service information (including any work card) 
referenced in EASA AD 2023-0001 specifies if there is any doubt 
remaining (pertaining to particle classification) after performing a 
metallurgical analysis, contact Airbus, this AD requires, if the 
type, size, or classification of any collected particle cannot be 
determined after performing a metallurgical analysis, before further 
flight, removing an affected TGB from service and replacing it with 
an airworthy part, or repairing the TGB in accordance with a method 
approved by the Manager, Europe Middle East & Africa Section, 
International Validation Branch, FAA; EASA; or Airbus Helicopters' 
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
    (18) Where the service information referenced in EASA AD 2023-
0001 requires reporting inspection results, including Appendix 4.A., 
to Airbus Helicopters, if any M50 particles are found, this AD 
requires reporting those inspection results along with a detailed 
description of any information and findings, and if possible, 
provide photos, at the applicable time in paragraph (h)(18)(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 accomplishing the 
metallurgical analysis.
    (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.
    (19) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0001.

(i) Special Flight Permits

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

(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 Kevin Kung, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone (781) 238-7244; 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) AD 2023-0001, 
dated January 4, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0001, 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 ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Parkway, 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 at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on October 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-25556 Filed 11-17-23; 8:45 am]
BILLING CODE 4910-13-P