Rule2021-18753
Airworthiness Directives; Airbus Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 1, 2021
Effective
October 6, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters. This AD was prompted by a report of reduced yaw control, during an approach for landing, that resulted from rupture of the tail rotor gearbox (TGB) actuating rod and uncoupling of the steel sleeve from inside the external aluminum tube. This AD requires dye penetrant inspecting certain TGB actuating rods for a crack, and depending on the inspection results, replacing the TGB actuating rod, 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.
Full Text
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<title>Federal Register, Volume 86 Issue 167 (Wednesday, September 1, 2021)</title>
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[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Rules and Regulations]
[Pages 48902-48905]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18753]
[[Page 48902]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0369; Project Identifier 2019-SW-033-AD; Amendment
39-21673; AD 2021-16-11]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2,
AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP
helicopters. This AD was prompted by a report of reduced yaw control,
during an approach for landing, that resulted from rupture of the tail
rotor gearbox (TGB) actuating rod and uncoupling of the steel sleeve
from inside the external aluminum tube. This AD requires dye penetrant
inspecting certain TGB actuating rods for a crack, and depending on the
inspection results, replacing the TGB actuating rod, 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 October 6, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 6,
2021.
ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#4203063102272331236c2737302d32236c2737"><span class="__cf_email__" data-cfemail="f4b5b087b491958795da9181869b8495da9181">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this material on the EASA website at
<a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0369.
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0369; 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.
FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Program Manager,
Large Aircraft Section, International Validation Branch, Compliance &
Airworthiness Division, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone and fax (206) 231-3218; email
<a href="/cdn-cgi/l/email-protection#b5ded4c1ddd9d0d0db9bd4c7c7dcd2dac1c1dcf5d3d4d49bd2dac3"><span class="__cf_email__" data-cfemail="89e2e8fde1e5ecece7a7e8fbfbe0eee6fdfde0c9efe8e8a7eee6ff">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0060, dated March 20, 2019
(EASA AD 2019-0060) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus Helicopters Model AS350 B, AS350 BA, AS350 BB, AS350 B1,
AS350 B2, AS350 B3, AS350 D, AS355 E, AS355 F, AS355 F1, AS355 F2,
AS355 N and AS355 NP helicopters. Model AS350 BB helicopters are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
helicopters in the applicability. Although EASA AD 2019-0060 applies to
all helicopters identified in EASA AD 2019-0060, this AD applies to
helicopters with an affected part installed instead.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus
Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350D,
AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters. The
NPRM published in the Federal Register on May 18, 2021 (86 FR 26857).
The NPRM was prompted by a report of reduced yaw control, during an
approach for landing, that resulted from rupture of the TGB actuating
rod and uncoupling of the steel sleeve from inside the external
aluminum tube. The NPRM proposed to require dye penetrant inspecting
certain TGB actuating rods for a crack, and depending on the inspection
results, replacing the TGB actuating rod, as specified in an EASA AD.
The FAA is issuing this AD to address failure of a TGB actuating
rod, which could result in loss of yaw control of the helicopter. See
the MCAI for additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to the comment.
Request To Not Refer to Other Sources for Approved Data
A commenter requested that the proposed AD not reference a European
AD or service bulletin as approved data. The commenter stated the
proposed AD should contain all the data required to perform the
inspection in its entirety so that an inspector does not have to
research data from other sources.
The FAA does not agree with the commenter because the approved data
is available to inspectors. EASA AD 2019-0060 is incorporated by
reference. Incorporation by reference (IBR) allows Federal agencies to
comply with the requirement to publish rules in the Federal Register by
referring to materials already published elsewhere. The legal effect of
IBR is that the material is treated as if it were published in the
Federal Register. This material, like any other properly issued rule,
has the force and effect of law. Congress authorized IBR in the Freedom
of Information Act (5 U.S.C. 552), in part, to reduce the volume of
material published in the Federal Register and the Code of Federal
Regulations (CFR).
After an FAA final rule is published, the required service
information is then posted to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. EASA AD
2019-0060 and the service information specified in EASA AD 2019-0060
that is required for compliance with EASA AD 2019-0060 can be found on
the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA 2021-0369. The FAA has not changed this AD in
this regard.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
[[Page 48903]]
<bullet> Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
<bullet> Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
EASA AD 2019-0060 describes procedures for dye penetrant inspecting
certain TGB actuating rods for a crack, and depending on the inspection
results, replacing the TGB actuating rod. EASA AD 2019-0060 also
describes procedures for marking each TGB actuating rod, reporting
information, and for certain helicopters, ensuring the correct
interface between certain TGB actuating rods and bearings.
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.
Differences Between This AD and the MCAI
EASA AD 2019-0060 specifies ``AS350 SB [service bulletin] No. 67.10
Revision 1'' and ``AS355 SB No. 67.09 Revision 2'' as Airbus
Helicopters (AH) service bulletins; however this AD identifies those
service bulletins as Aerospatiale service bulletins.
EASA AD 2019-0060 specifies the date for ``AS355 SB No. 67.09
Revision 2,'' as ``March 28, 1989;'' however, this AD identifies the
date as ``October 1989.''
Part Marking Clarification
Where paragraph (2) of EASA AD 2019-0060 specifies ``mark each
affected part (all rods, regardless of the status with respect to the
dye penetrant inspection),'' this AD requires marking TGB actuating
rods identified in paragraphs (c)(1) through (9) of this AD regardless
of their manufacturing date. The manufacturing dates in Table 1 of EASA
AD 2019-0060 are used only to indicate the parts on which the dye
penetrant inspection specified in paragraph (1) of EASA AD 2019-0060 is
done; the manufacturing dates do not impact the parts on which the
marking specified in paragraph (2) of EASA AD 2019-006 must be done.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.
Costs of Compliance
The FAA estimates that this AD affects 950 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions *
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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6 work-hours x $85 per hour = $510........................... $0 $510 $484,500
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* Table does not include estimated costs for reporting.
The FAA estimates that it would take about 1 hour per product to
comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, the FAA estimates the
cost of reporting the inspection results on U.S. operators to be
$80,750, or $85 per product.
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
helicopters that might need these on-condition actions:
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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Up to 16 work-hours x $85 per $2,590 Up to $3,950
hour = $1,360.
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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 current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Pkwy., 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.
[[Page 48904]]
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:
2021-16-11 Airbus Helicopters: Amendment 39-21673; Docket No. FAA-
2021-0369; Project Identifier 2019-SW-033-AD.
(a) Effective Date
This airworthiness directive (AD) is effective October 6, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Model AS350B, AS350BA,
AS350B1, AS350B2, AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2,
AS355N, and AS355NP helicopters, certificated in any category, with
a tail rotor gearbox (TGB) actuating rod identified in paragraphs
(c)(1) through (9) of this AD installed.
(1) Part number (P/N) 350A27191000;
(2) P/N 350A27191001;
(3) P/N 350A27191002;
(4) P/N 350A27191003;
(5) P/N 350A27191004;
(6) P/N 350A2719100401;
(7) P/N 350A2719100402;
(8) P/N 350A27192000; or
(9) A TGB actuating rod with an unknown part number and serial
number.
(d) Subject
Joint Aircraft System Component (JASC) Code: 6720, Tail Rotor
Control System.
(e) Reason
This AD was prompted by a report of reduced yaw control, during
an approach for landing, that resulted from rupture of the TGB
actuating rod and uncoupling of the steel sleeve from inside the
external aluminum tube. The FAA is issuing this AD to address
failure of a TGB actuating rod, which could result in 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, European Union Aviation Safety Agency (EASA) AD
2019-0060, dated March 20, 2019 (EASA AD 2019-0060).
(h) Exceptions to EASA AD 2019-0060
(1) Where EASA AD 2019-0060 refers to January 3, 2019 (the
effective date of EASA AD 2018-0287, dated December 20, 2018), or
its effective date, this AD requires using the effective date of
this AD.
(2) Where EASA AD 2019-0060 refers to flight hours (FH), this AD
requires using hours time-in-service.
(3) Where paragraph (2) of EASA AD 2019-0060 specifies to mark
TGB actuating rods, replace the language in paragraph (2) of EASA AD
2019-0060 that states ``the instructions of section 3 of the
applicable ASB [alert service bulletin],'' with the applicable
language specified in paragraphs (h)(3)(i) and (ii) of this AD.
(i) For P/N 350A2719100402 and parts not included in table 1 of
EASA AD 2019-0060: ``the instructions for `If only paragraph
3.B.2.a. was complied with' of paragraph 3.C. of the Accomplishment
Instructions of the applicable ASB.''
(ii) For parts included in table 1 of EASA AD 2019-0060: ``the
instructions for `If paragraph 3.B.2.b. or paragraph 3.B.5. was
complied with' of paragraph 3.C. of the Accomplishment Instructions
of the applicable ASB.''
(4) Where paragraph (2) of EASA AD 2019-0060 specifies ``mark
each affected part (all rods, regardless of the status with respect
to the dye penetrant inspection), and each TGB rod having P/N
350A2719100402,'' for this AD, mark the parts identified in
paragraphs (c)(1) through (9) of this AD.
(5) Where EASA AD 2019-0060 specifies ``AH [Airbus Helicopters]
AS350 SB [service bulletin] No. 67.10 Revision 1'' and ``AH AS355 SB
No. 67.09 Revision 2,'' replace the text ``AH'' with
``Aerospatiale.''
(6) Where the ``Ref. Publications'' section of EASA AD 2019-0060
specifies the date for ``AS355 SB No. 67.09 Revision 2,'' replace
the text ``28 March 1989'' with ``October 1989.''
(7) Although service information referenced in EASA AD 2019-0060
specifies to keep parts, this AD does not include that requirement.
(8) Paragraph (7) of EASA AD 2019-0060 specifies to report
inspection results to Airbus Helicopters within a certain compliance
time. For this AD, report inspection results at the applicable time
specified in paragraph (h)(8)(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 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(9) For the purposes of this AD, ``CW,'' which is stated in
Table 1 of EASA AD 2019-0060, is defined as calendar week.
(10) The ``Remarks'' section of EASA AD 2019-0060 does not apply
to this AD.
(i) 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: Manager, International Validation Branch, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110. Information
may be emailed to: <a href="/cdn-cgi/l/email-protection#b0899df1e6e39df1f9e29d8783809df1fdfff3f0d6d1d19ed7dfc6"><span class="__cf_email__" data-cfemail="cef7e38f989de38f879ce3f9fdfee38f83818d8ea8afafe0a9a1b8">[email protected]</span></a>.
(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.
(j) Related Information
For more information about this AD, contact Kathleen Arrigotti,
Program Manager, Large Aircraft Section, International Validation
Branch, Compliance & Airworthiness Division, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and fax (206) 231-3218; email
<a href="/cdn-cgi/l/email-protection#3a515b4e52565f5f54145b4848535d554e4e537a5c5b5b145d554c"><span class="__cf_email__" data-cfemail="bfd4decbd7d3dadad191decdcdd6d8d0cbcbd6ffd9dede91d8d0c9">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 2019-0060,
dated March 20, 2019.
(ii) [Reserved]
(3) For EASA AD 2019-0060, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#4100053201242032206f2434332e31206f2434"><span class="__cf_email__" data-cfemail="37767344775256445619524245584756195242">[email protected]</span></a>; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
(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 on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2021-0369.
[[Page 48905]]
(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
<a href="/cdn-cgi/l/email-protection#2a4c4f4e584f4d04464f4d4b466a444b584b044d455c"><span class="__cf_email__" data-cfemail="721417160017155c1e1715131e321c1300135c151d04">[email protected]</span></a>, or go to <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on August 25, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-18753 Filed 8-31-21; 8:45 am]
BILLING CODE 4910-13-P
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