Rule2021-22472
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
October 18, 2021
Effective
November 22, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2021-04- 15, which applied to all Airbus Helicopters Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters; and certain Model AS350B3 helicopters. AD 2021-04-15 required repetitive visual inspections of the right-hand side of the vertical fin spar for discrepancies (cracking), and corrective action if necessary. This AD retains the requirements of AD 2021-04-15, and requires repetitive cleaning and repetitive detailed inspections for cracking of the vertical fin spar and vertical fin upper attachments, and corrective action if necessary, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also expands the applicability to include additional Model AS350B3 helicopters. This AD was prompted by a report that, during an unscheduled post-flight inspection of the tail cone area, a crack was found in the spar of the upper part of the vertical fin and fractures were found in the two front attachment screws. 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 198 (Monday, October 18, 2021)</title>
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[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Rules and Regulations]
[Pages 57550-57552]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22472]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0453; Project Identifier MCAI-2021-00377-R;
Amendment 39-21754; AD 2021-20-16]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-04-
15, which applied to all Airbus Helicopters Model AS355E, AS355F,
AS355F1, AS355F2, AS355N, and AS355NP helicopters; and certain Model
AS350B3 helicopters. AD 2021-04-15 required repetitive visual
inspections of the right-hand side of the vertical fin spar for
discrepancies (cracking), and corrective action if necessary. This AD
retains the requirements of AD 2021-04-15, and requires repetitive
cleaning and repetitive detailed inspections for cracking of the
vertical fin spar and vertical fin upper attachments, and corrective
action if necessary, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. This AD also
expands the applicability to include additional Model AS350B3
helicopters. This AD was prompted by a report that, during an
unscheduled post-flight inspection of the tail cone area, a crack was
found in the spar of the upper part of the vertical fin and fractures
were found in the two front attachment screws. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective November 22, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 22,
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#2362675063464250420d4656514c53420d4656"><span class="__cf_email__" data-cfemail="49080d3a092c283a28672c3c3b263928672c3c">[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-2021-0453.
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-
0453; 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#701b1104181c15151e5e11020219171f040419301611115e171f06"><span class="__cf_email__" data-cfemail="cea5afbaa6a2ababa0e0afbcbca7a9a1babaa78ea8afafe0a9a1b8">[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 2021-0099, dated April 9, 2021 (EASA
AD 2021-0099) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus Helicopters Model AS355E, AS355F, AS355F1, AS355F2,
AS355N, and AS355NP helicopters; and all Model AS350B3 helicopters
except those that have that embodied Airbus Helicopters Modification
073148 in production. EASA stated that recent analysis identified that
AS350B3 helicopters modified through Eurocopter AS350 Service Bulletin
55.00.14 (any revision) in service might also be affected by the
identified unsafe condition.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-04-15, Amendment 39-21437 (86 FR
13165, March 8, 2021) (AD 2021-04-15). AD 2021-04-15 applied to all
Airbus Helicopters Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and
AS355NP helicopters; and certain Model AS350B3 helicopters. The NPRM
published in the Federal Register on June 8, 2021 (86 FR 30395). Since
the FAA issued AD 2021-04-15, the FAA has determined that additional
actions are required to address the unsafe condition. The NPRM proposed
to retain the requirements of AD 2021-04-15, and require repetitive
cleaning and repetitive detailed inspections for cracking of the
vertical fin spar and vertical fin upper attachments, and corrective
action if necessary, as specified in an EASA AD. The NPRM also proposed
to expand the applicability to include additional Airbus Helicopters
Model AS350B3 helicopters.
The FAA is issuing this AD to address cracking in the spar of the
upper part of the vertical fin and fractures in the front attachment
screws. This condition could lead to in-flight separation of the upper
part of the vertical fin, resulting in loss of control of the
helicopter. See the MCAI for additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received one comment from a commenter. The following
presents the comment received on the NPRM and the FAA's response.
Request To Allow Pilots To Do Visual Inspection
The commenter requested that pilots be allowed to perform the
proposed repetitive visual inspections of the right-hand side of the
vertical fin spar for cracking at intervals not to exceed 10 hours
time-in-service. The commenter suggested that only if a crack is
suspected that a mechanic be notified. The commenter stated that it is
a burden on operators to get a mechanic to a helicopter every 10 hours
time-in-service to do the inspection. The
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commenter also remarked that certain current FAA ADs allow pilots to
perform visual inspections because those inspections do not require
specialized tools, training, or any disassembly and that the service
information referred to in EASA AD 2021-0099 mentions that a pilot can
perform the visual inspection.
The FAA does not agree with the commenter's request. Although there
are instances where the FAA does allow a pilot to do a visual check,
for this AD, the FAA is not allowing this due to the criticality of the
crack location, the lack of definition of what pilot training is
sufficient to do this visual inspection, and because the area being
inspected is likely to need cleaning prior to each inspection. The FAA
has revised paragraph (h) of this AD to clarify that a pilot cannot do
the visual check and that it must be performed by a qualified mechanic.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this AD as proposed. Except for minor editorial
changes, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator. Accordingly,
the FAA is issuing this AD to address the unsafe condition on these
products.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0099 specifies procedures for repetitive visual
inspections of the right-hand side of the vertical fin spar for
cracking; repetitive cleaning and repetitive detailed inspections for
cracking of the vertical fin spar and vertical fin upper attachments;
and corrective action. The corrective action includes repair.
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.
Costs of Compliance
The FAA estimates that this AD affects 650 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 on U.S.
Action Labor cost Parts cost Cost per product operators
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Retained actions from AD 2021-04- 7 work-hours x $85 $0 $595, per $386,750, per
15. per hour = $595, inspection/ inspection/
per inspection/ cleaning cycle. cleaning cycle.
cleaning cycle.
New actions...................... 4 work-hours x $85 0 $340, per $221,000, per
per hour = $340, inspection/ inspection/
per inspection/ cleaning cycle. cleaning cycle.
cleaning cycle.
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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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Cost per
Labor cost Parts cost product
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4 work-hours x $85 per hour = $340.... $17,052 $17,392
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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:
0
a. Removing Airworthiness Directive (AD) 2021-04-15, Amendment 39-21437
(86 FR 13165, March 8, 2021); and
[[Page 57552]]
0
b. Adding the following new AD:
2021-20-16 Airbus Helicopters: Amendment 39-21754; Docket No. FAA-
2021-0453; Project Identifier MCAI-2021-00377-R.
(a) Effective Date
This airworthiness directive (AD) is effective November 22,
2021.
(b) Affected ADs
This AD replaces AD 2021-04-15, Amendment 39-21437 (86 FR 13165,
March 8, 2021) (AD 2021-04-15).
(c) Applicability
This AD applies to Airbus Helicopters specified in paragraph
(c)(1) and (2) of this AD, certificated in any category.
(1) Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP
helicopters, all serial numbers.
(2) Model AS350B3 helicopters, all serial numbers except those
that have embodied Airbus Helicopters Modification 073148 in
production.
(d) Subject
Joint Aircraft System Component (JASC) Code 5531, Vertical
Stabilizer, Spar/Rib.
(e) Unsafe Condition
This AD was prompted by a report that, during an unscheduled
post-flight inspection of the tail cone area of an Airbus
Helicopters Model AS355NP helicopter, a crack was found in the spar
of the upper fin and fractures were found in the two front
attachment screws. The FAA is issuing this AD to address cracking in
the spar of the upper part of the vertical fin and fractures in the
front attachment screws. This condition could lead to in-flight
separation of the upper part of the vertical fin, resulting in 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
2021-0099, dated April 9, 2021 (EASA AD 2021-0099).
(h) Exceptions to EASA AD 2021-0099
(1) Where EASA AD 2021-0099 refers to its effective date or to
July 12, 2017, (the effective date of EASA AD 2017-0114, dated June
28, 2017), this AD requires using the effective date of this AD.
(2) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0099.
(3) Where EASA AD 2021-0099 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(4) Where paragraph (4) of EASA AD 2021-0099 specifies to
contact the manufacturer for approved repair instructions, for this
AD, if any cracking is detected during any inspection, repair before
further flight using a method approved by the Manager, International
Validation Branch, FAA. For a repair method to be approved by the
Manager, International Validation Branch, as required by this
paragraph, the Manager's approval letter must specifically refer to
this AD.
(5) Where the service information referred to in EASA AD 2021-
0099 specifies to perform a visual inspection for cracking on the
``RH side of spar (a)'' and ``if you are not sure'' remove the rear
and the tail rotor gear box (TGB) fairings to perform a detailed
inspection and do a dye-penetrant inspection, those actions are
required by this AD if any crack indication (e.g., paint chips,
dents, or swelling) is found during any inspection done without
removing the rear and the TGB fairings.
(6) Where the service information referred to in EASA AD 2021-
0099 specifies to perform a visual check for cracks in the ``spars
(a) of the top and bottom fins'' and ``if you are not sure'' do a
dye-penetrant inspection, the dye-penetrant inspection is required
by this AD if any crack indication (e.g., paint chips, dents, or
swelling) is found during any visual check (inspection).
(7) Where the service information referred to in EASA AD 2021-
0099 specifies to check the integrity of the two thrust pad
attachment screws for damage, for this AD, damage includes
loosening, deformation, and nicks.
(8) Where the service information referred to in EASA AD 2021-
0099 specifies that the visual check can be performed by an airframe
technician or pilot, this AD requires that the visual check be
performed by a qualified mechanic.
(i) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, are prohibited.
(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: <a href="/cdn-cgi/l/email-protection#caf3e78b9c99e78b8398e7fdf9fae78b8785898aacababe4ada5bc"><span class="__cf_email__" data-cfemail="1f26325e494c325e564d32282c2f325e52505c5f797e7e31787069">[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.
(k) 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#375c56435f5b525259195645455e505843435e7751565619505841"><span class="__cf_email__" data-cfemail="4d262c392521282823632c3f3f242a223939240d2b2c2c632a223b">[email protected]</span></a>.
(l) 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 2021-0099,
dated April 9, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0099, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#1253566152777361733c7767607d62733c7767"><span class="__cf_email__" data-cfemail="2061645360454153410e4555524f50410e4555">[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-
2021-0453.
(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#0264702c6b6c71726761766b6d6c426c6370632c656d74"><span class="__cf_email__" data-cfemail="6402164a0d0a17140107100d0b0a240a0516054a030b12">[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 September 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-22472 Filed 10-15-21; 8:45 am]
BILLING CODE 4910-13-P
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