Rule2022-03113
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
February 14, 2022
Effective
March 1, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2014-21- 03, which applied to Airbus Helicopters Model AS332L2 helicopters with a certain yaw control damper support (support) installed. AD 2014-21-03 required repetitively inspecting the support attachment points for a crack. Since the FAA issued AD 2014-21-03, an improved (reinforced) support was developed. This AD retains the inspection requirements of AD 2014-21-03 and requires installing the improved support 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 87 Issue 30 (Monday, February 14, 2022)</title>
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[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Rules and Regulations]
[Pages 8174-8177]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03113]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0019; Project Identifier MCAI-2021-00371-R;
Amendment 39-21930; AD 2022-03-13]
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 superseding Airworthiness Directive (AD) 2014-21-
03, which applied to Airbus Helicopters Model AS332L2 helicopters with
a certain yaw control damper support (support) installed. AD 2014-21-03
required repetitively inspecting the support attachment points for a
crack. Since the FAA issued AD 2014-21-03, an improved (reinforced)
support was developed. This AD retains the inspection requirements of
AD 2014-21-03 and requires installing the improved support 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 March 1, 2022.
[[Page 8175]]
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of March 1, 2022.
The FAA must receive comments on this AD by March 31, 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 material that is 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#17565364577276647639726265786776397262"><span class="__cf_email__" data-cfemail="abeaefd8ebcecad8ca85ceded9c4dbca85cede">[email protected]</span></a>; internet
www.easa.europa.eu. You may view the EASA 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. The EASA material is
also available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2022-0019.
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-2022-0019; 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 AD, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email <a href="/cdn-cgi/l/email-protection#e8808984c6828d869b8d86a88e8989c68f879e"><span class="__cf_email__" data-cfemail="432b222f6d29262d30262d032522226d242c35">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued AD 2014-21-03, Amendment 39-17995 (79 FR 63809,
October 27, 2014) (AD 2014-21-03), for Airbus Helicopters Model AS332L2
helicopters with a support part number (P/N) 332A25-1334-00 installed.
AD 2014-21-03 required for helicopters with 3,900 hours time-in-service
(TIS) or more, within 100 hours TIS and thereafter at intervals not
exceeding 825 hours TIS, inspecting each support at the four attachment
points for a crack. If there is a crack, AD 2014-21-03 required
replacing the support before further flight. AD 2014-21-03 was prompted
by EASA AD 2014-0080, dated March 27, 2014 (EASA AD 2014-0080), issued
by EASA, which is the Technical Agent for the Member States of the
European Union, to correct an unsafe condition for Airbus Helicopters,
formerly Eurocopter, Eurocopter France, Aerospatiale, Model AS332L2
helicopters with support P/N 332A25-1334-00 installed. EASA advised of
several reports of cracks on the two front attachment points of the
support, and that subsequent investigations determined pilot actions on
the yaw pedals could generate detrimental loading conditions on the
support attachment points and initiate a crack. This condition, if not
addressed could lead to structural failure of the support, detachment
of the damper unit, possible blocking of the yaw flight control
channel, and reduced control of the helicopter. Accordingly, EASA AD
2014-0080 required repetitive inspections of the support and, if there
is a crack, replacing the support.
Actions Since AD 2014-21-03 Was Issued
Since the FAA issued AD 2014-21-03 Airbus Helicopters developed an
improved support with improved fatigue and load carrying capabilities
and issued service information that provides instructions for modifying
the support.
Accordingly, EASA issued AD 2021-0086, dated March 24, 2021 (EASA
AD 2021-0086), which superseded EASA AD 2014-0080. EASA AD 2021-0086
retains the inspection requirements of EASA AD 2014-0080 and requires
replacement of any affected part with a serviceable part. EASA AD 2014-
0086 also expands the applicability to include all Model AS332L2
helicopters. See EASA AD 2021-0086 for additional background
information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0086 specifies procedures for repetitively inspecting
the support at the four attachment points in accordance with the
instructions of the service information. EASA AD 2021-0086 also
specifies procedures for modifying the helicopter by replacing an
affected part with an improved part, which is a terminating action for
the repetitive inspections. EASA AD 2021-0086 prohibits installing any
affected part on any helicopter.
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 No.
AS332-05.00.98, Revision 1, dated February 10, 2021 (ASB AS332-05.00.98
Rev 1), which specifies procedures to inspect for cracks on the support
at the four attachments of the yaw damper. ASB AS332-05.00.98 Rev 1
specifies if any crack is found, replace the support by modifying your
helicopter in accordance with the modification service bulletin.
The FAA also reviewed Airbus Helicopters Service Bulletin SB No.
AS332-67.00.52, Revision 0, dated March 2, 2020, which specifies
procedures to modify your helicopter by replacing the support with a
new improved support (modification 0728207).
FAA's Determination
These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all known relevant information and determining that the
unsafe condition described previously is likely to exist or develop on
other helicopters of these same type designs.
Explanation of Retained Requirements
Although this AD does not explicitly restate the requirements of AD
2014-21-03, this AD retains certain requirements of AD 2014-21-03.
Those requirements are referenced in EASA AD 2021-0086, which in turn,
is referenced in paragraph (g) of this AD.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2021-0086, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and except as discussed under ``Differences Between this AD and
EASA AD 2021-0086.''
[[Page 8176]]
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 certain 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 2021-0086 is incorporated by reference in this AD. This AD
therefore, requires compliance with EASA AD 2021-0086 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-
0086 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 2021-0086. Service information specified in EASA
AD 2021-0086 that is required for compliance with it will be available
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2022-0019 after the FAA final rule is published.
Differences Between This AD and EASA AD 2021-0086
Where Note 1 of EASA AD 2021-0086 identifies the flight hours (FH)
specified in Table 1 of EASA AD 2021-0086 are those accumulated by the
affected part on April 3, 2014 (the effective date of EASA AD 2014-
0080), since first installation on a helicopter, this AD requires using
the total hours TIS accumulated by the helicopter as of the effective
date of this AD. Where Table 1 of EASA AD 2021-0086 requires a
compliance time of within 100 FH after April 3, 2014, this AD requires
a compliance time of within 100 hours TIS after the effective date of
this AD. Where paragraph (3) of EASA AD 2021-0086 allows credit for
inspections of a helicopter as required in paragraph (1) of its AD if
the inspections are accomplished before the effective date of its AD,
this AD allows credit for the initial inspection of a helicopter as
required by paragraph (1) of EASA AD 2021-0086, if accomplished before
the effective date of this AD.
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.
There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
foregoing reasons, 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.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0019; Project Identifier MCAI-
2021-00371-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.
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: Hal
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone (202) 267-9167; email <a href="/cdn-cgi/l/email-protection#e8808984c6828d869b8d86a88e8989c68f879e"><span class="__cf_email__" data-cfemail="d1b9b0bdffbbb4bfa2b4bf91b7b0b0ffb6bea7">[email protected]</span></a>. Any
commentary that the FAA receives which 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 prior notice and
comment, RFA analysis is not required.
Costs of Compliance
There are no costs of compliance with this AD because there are no
helicopters with these type certificates on the U.S. Registry.
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
[[Page 8177]]
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:
0
a. Removing Airworthiness Directive 2014-21-03, Amendment 39-17995 (79
FR 63809, October 27, 2014); and
0
b. Adding the following new airworthiness directive:
AD 2022-03-13 Airbus Helicopters: Amendment 39-21930; Docket No.
FAA-2022-0019; Project Identifier MCAI-2021-00371-R.
(a) Effective Date
This airworthiness directive (AD) is effective March 1, 2022.
(b) Affected ADs
This AD replaces AD 2014-21-03, Amendment 39-17995 (79 FR 63809,
October 27, 2014) (AD 2014-21-03).
(c) Applicability
This AD applies to all Airbus Helicopters Model AS332L2
helicopters, certificated in any category.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 6700, Rotorcraft
Flight Control.
(e) Unsafe Condition
This AD was prompted by several reports of cracks in the front
attachment points of certain yaw control damper supports (supports)
and the subsequent development of an improved (reinforced) support
with improved fatigue and load carrying capabilities. The FAA is
issuing this AD to prevent failure of the support, separation of the
yaw damper unit, blocking of the yaw flight control channel, and
reduced 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
2021-0086, dated March 24, 2021 (EASA AD 2021-0086).
(h) Exceptions to EASA AD 2021-0086
(1) Where EASA AD 2021-0086 requires compliance from its
effective date, this AD requires using the effective date of this
AD.
(2) The ``Remarks'' section of EASA AD 2021-0086 does not apply
to this AD.
(3) Where EASA AD 2021-0086 requires compliance in terms of
flight hours (FH), this AD requires using hours time-in-service
(TIS).
(4) Where the service information referenced in EASA AD 2021-
0086 specifies using a light source and a mirror to ensure that
there are no cracks on the support at the four attachments of the
yaw damper, and ``if there is any doubt'' removing the yaw damper,
this AD requires the yaw damper to be removed prior to that
inspection.
(5) Where the service information referenced in EASA AD
specifies discarding certain parts, this AD requires removing those
parts from service.
(6) Where Table 1 of EASA AD 2021-0086 requires a compliance
time of within 100 FH after April 3, 2014 (the effective date of
EASA AD 2014-0080, dated March 27, 2014 [EASA AD 2014-0080]), this
AD requires a compliance time of within 100 hours TIS after the
effective date of this AD.
(7) Where Note 1 of EASA AD 2021-0086 identifies the FH
specified in Table 1 are those accumulated by support part number
332A25-1334-00 on April 3, 2014 (the effective date of EASA AD 2014-
0080) since first installation on a helicopter, this AD requires
using the total hours TIS accumulated by the helicopter as of the
effective date of this AD.
(8) Where paragraph (3) of EASA AD 2021-0086 allows credit for
inspections accomplished before the effective date of its AD, this
AD allows credit for the initial inspection if accomplished before
the effective date of this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0086
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(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#85bca8c4d3d6a8c4ccd7a8b2b6b5a8c4c8cac6c5e3e4e4abe2eaf3"><span class="__cf_email__" data-cfemail="eed7c3afb8bdc3afa7bcc3d9dddec3afa3a1adae888f8fc0898198">[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 Hal Jensen,
Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone (202) 267-9167; email <a href="/cdn-cgi/l/email-protection#5c343d30723639322f39321c3a3d3d723b332a"><span class="__cf_email__" data-cfemail="81e9e0edafebe4eff2e4efc1e7e0e0afe6eef7">[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 2021-0086,
dated March 24, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0086, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#de9f9aad9ebbbfadbff0bbabacb1aebff0bbab"><span class="__cf_email__" data-cfemail="3b7a7f487b5e5a485a155e4e49544b5a155e4e">[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-
2022-0019.
(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#ed8b9fc384839e9d888e99848283ad838c9f8cc38a829b"><span class="__cf_email__" data-cfemail="593f2b7730372a293c3a2d3036371937382b38773e362f">[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 January 24, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03113 Filed 2-11-22; 8:45 am]
BILLING CODE 4910-13-P
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