Rule2021-25635
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
November 24, 2021
Effective
December 9, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Airbus Helicopters Model EC130T2 helicopters. This AD was prompted by a report of degradation of the rear transmission shaft bearing support and the determination that all of the attachment rivets of the transmission shaft bearing support were sheared. This AD requires repetitive visual inspections of the rivets on the rear transmission shaft bearing support and of the local structure for cracking and missing, loose, or sheared rivets and accomplishment of applicable corrective actions, 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 224 (Wednesday, November 24, 2021)</title>
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[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Rules and Regulations]
[Pages 66934-66937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25635]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-1009; Project Identifier MCAI-2021-01173-R;
Amendment 39-21827; AD 2021-24-06]
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 report of degradation of the rear transmission shaft
bearing support and the determination that all of the attachment rivets
of the transmission shaft bearing support were sheared. This AD
requires repetitive visual inspections of the rivets on the rear
transmission shaft bearing support and of the local structure for
cracking and missing, loose, or sheared rivets and accomplishment of
applicable corrective actions, 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 becomes effective December 9, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 9,
2021.
The FAA must receive comments on this AD by January 10, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For EASA material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#4a0b0e390a2f2b392b642f3f38253a2b642f3f"><span class="__cf_email__" data-cfemail="7332370033161200125d1606011c03125d1606">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this IBR 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2021-1009.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-1009; 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, the
EASA AD, any comments received, and other information. The street
address for Docket Operations is
[[Page 66935]]
listed above. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228-7330; email <a href="/cdn-cgi/l/email-protection#f7969993859296d99d9e9a9299928db7919696d9909881"><span class="__cf_email__" data-cfemail="caaba4aeb8afabe4a0a3a7afa4afb08aacababe4ada5bc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2021-0235-E, dated October
28, 2021 (EASA AD 2021-0235-E), to correct an unsafe condition for
Airbus Helicopters (formerly Eurocopter) Model EC 130 T2 helicopters,
all serial numbers, on which Airbus Helicopters Modification 074581 has
been embodied in production.
This AD was prompted by a report of degradation of the rear
transmission shaft bearing support on a Model EC130T2 helicopter and
the determination that all of the attachment rivets of the transmission
shaft bearing support were sheared. The investigation is still on-going
to identify the root cause of this degradation. The FAA is issuing this
AD to address sheared attachment rivets of the transmission shaft
bearing support. This condition, if not addressed, could lead to
failure of the tail rotor drive shaft and subsequent loss of yaw
control of the helicopter. See EASA AD 2021-0235-E for additional
background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0235-E requires repetitive visual inspections of the
rivets on the rear transmission shaft bearing support and of the local
structure for cracking and, if any rivet on the rear transmission
bearing support is missing, loose, or sheared, or any visible crack is
present, accomplishment of applicable corrective actions (e.g.,
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.
FAA's Determination
These helicopters have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
its AD. The FAA is issuing this AD after evaluating all pertinent
information and determining that the unsafe condition exists and 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
2021-0235-E, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this 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 2021-0235-E will be incorporated by reference in this FAA final
rule. This AD would, therefore, require compliance with EASA AD 2021-
0235-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 2021-0235-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 2021-0235-E. Service information
referenced in EASA AD 2021-0235-E for compliance will be available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-1009.
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 sheared attachment rivets of the transmission shaft bearing
support could lead to failure of the tail rotor drive shaft and
subsequent loss of yaw control of the helicopter. In addition, the
compliance time for the required action is shorter than the time
necessary for the public to comment and for publication of the final
rule. The initial visual inspection of the rivets on the rear
transmission shaft bearing support and of the local structure for
cracking and missing, loose, or sheared rivets must be accomplished
before next flight or within seven days after the effective date of
this AD, whichever occurs first. 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.
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-2021-1009; Project Identifier MCAI-
2021-01173-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
[[Page 66936]]
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 Andrea
Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email <a href="/cdn-cgi/l/email-protection#30515e544255511e5a595d555e554a705651511e575f46"><span class="__cf_email__" data-cfemail="10717e746275713e7a797d757e756a507671713e777f66">[email protected]</span></a>. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
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 FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 64 helicopters of U.S.
Registry. The FAA estimates the following costs to comply with this AD.
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspection................. 0.50 work-hour x $85 $0 $42.50 per inspection $2,720 per inspection
per hour = $42.50 cycle. cycle.
per inspection cycle.
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this AD.
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:
2021-24-06 Airbus Helicopters: Amendment 39-21827; Docket No. FAA-
2021-1009; Project Identifier MCAI-2021-01173-R.
(a) Effective Date
This airworthiness directive (AD) is effective December 9, 2021.
(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 2021-0235-E, dated
October 28, 2021 (EASA AD 2021-0235-E).
(d) Subject
Joint Aircraft System Component (JASC) Code: 5300, Fuselage
Structure.
(e) Unsafe Condition
This AD was prompted by a report of degradation of the rear
transmission shaft bearing support and the determination that all of
the attachment rivets of the transmission shaft bearing support were
sheared. The FAA is issuing this AD to address sheared attachment
rivets of the transmission shaft bearing support. This condition, if
not addressed, could lead to 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 2021-0235-E.
(h) Exceptions to EASA AD 2021-0235-E
(1) Where EASA AD 2021-0235-E refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2021-0235-E requires doing an
inspection after each last flight of the day or ``ALF,'' this AD
requires doing that inspection before each first flight of the day.
(3) Where paragraph (2) of EASA AD 2021-0235-E requires, if any
rivet on the rear transmission bearing support is found missing,
loose or sheared, or any visible crack is present, contacting Airbus
Helicopters to obtain approved repair instructions and accomplishing
those instructions, this AD requires doing a repair
[[Page 66937]]
in accordance with an FAA-approved method.
(4) Where the service information referenced in EASA AD 2021-
0235-E specifies that the inspection can be done by a mechanical
technician, a pilot with correct training and accreditation, or a
pilot-owner, this AD requires that the inspection be done by a
qualified mechanic.
(5) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0235-E.
(6) Where paragraph (1) of EASA AD 2021-0235-E requires doing
inspections of the rivets for presence of cracks, for this AD,
inspect for visible cracks and missing, loose, or sheared rivets.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-
0235-E specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(j) Special Flight Permit
Special flight permits may be permitted provided that there are
no passengers on board.
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (l) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#86bfabc7d0d5abc7cfd4abb1b5b6abc7cbc9c5c6e0e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="7c45513d2a2f513d352e514b4f4c513d31333f3c1a1d1d521b130a">[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.
(l) Related Information
For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email <a href="/cdn-cgi/l/email-protection#c0a1aea4b2a5a1eeaaa9ada5aea5ba80a6a1a1eea7afb6"><span class="__cf_email__" data-cfemail="b7d6d9d3c5d2d699dddedad2d9d2cdf7d1d6d699d0d8c1">[email protected]</span></a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) Emergency AD
2021-0235-E, dated October 28, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0235-E, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#88c9ccfbc8ede9fbe9a6edfdfae7f8e9a6edfd"><span class="__cf_email__" data-cfemail="acede8dfecc9cddfcd82c9d9dec3dccd82c9d9">[email protected]</span></a>; internet www.easa.europa.eu. You may find the
EASA material 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for and locating Docket No. FAA-2021-1009.
(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#563024783f3825263335223f3938163837243778313920"><span class="__cf_email__" data-cfemail="96f0e4b8fff8e5e6f3f5e2fff9f8d6f8f7e4f7b8f1f9e0">[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 November 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-25635 Filed 11-22-21; 11:15 am]
BILLING CODE 4910-13-P
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