Rule2022-11553
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
June 1, 2022
Effective
June 16, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for Airbus Helicopters Model SA-365C1 and SA-365C2 helicopters. This AD was prompted by a Model EC225 helicopter accident and subsequent investigation that determined that the level of particles in certain main gearboxes (MGB) could lead to a planet gear seizure. This AD requires inspecting the MGB magnetic plugs and oil filter for particles and, depending on the outcome of the inspections, further inspections and replacing certain parts, 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 105 (Wednesday, June 1, 2022)</title>
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[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Rules and Regulations]
[Pages 32969-32973]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11553]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0517; Project Identifier MCAI-2021-00356-R;
Amendment 39-22047; AD 2022-10-09]
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
Airbus Helicopters Model SA-365C1 and SA-365C2 helicopters. This AD was
prompted by a Model EC225 helicopter accident and subsequent
investigation that determined that the level of particles in certain
main gearboxes (MGB) could lead to a planet gear seizure. This AD
requires inspecting the MGB magnetic plugs and oil filter for particles
and, depending on the outcome of the inspections, further inspections
and replacing certain parts, 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 June 16, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 16,
2022.
The FAA must receive comments on this AD by July 18, 2022.
[[Page 32970]]
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#92d3d6e1d2f7f3e1f3bcf7e7e0fde2f3bcf7e7"><span class="__cf_email__" data-cfemail="3170754271545042501f5444435e41501f5444">[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>. For Airbus Helicopters service
information identified in this final rule, contact Airbus Helicopters,
2701 N Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000
or (800) 232-0323; fax 972-641-3775; or at <a href="https://www.airbus.com/helicopters/services/technical-support.html">https://www.airbus.com/helicopters/services/technical-support.html</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.
Service information that is incorporated by reference 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 FAA-2022-0517.
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-2022-0517; 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: Kristin Bradley, Aerospace Engineer,
General Aviation & Rotorcraft Section, International Validation Branch,
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-
5110; email <a href="/cdn-cgi/l/email-protection#7f340d160c0b1611513d0d1e1b131a063f191e1e51181009"><span class="__cf_email__" data-cfemail="5318213a20273a3d7d112132373f362a133532327d343c25">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, issued EASA AD No. 2020-0156, dated July 14, 2020 (EASA
AD 2020-0156), to correct an unsafe condition for all serial-numbered
Airbus Helicopters (formerly Eurocopter, Eurocopter France,
Aerospatiale) Model SA 365 C1, SA 365 C2, and SA365 C3 helicopters.
EASA advised of an investigation that was conducted on the MGB's design
following an EC 225 helicopter accident. EASA further advised that
investigation results determined that the level of detectability of
particles linked to a planet gear spalling needs improvement. EASA
stated this condition, if not detected and corrected, could lead to a
planet gear seizure possibly resulting in the loss of the MGB and
subsequent reduced control of the helicopter.
Accordingly, EASA AD 2020-0156 required inspecting the MGB magnetic
plug and MGB oil filter for particles and depending on the results of
the inspection, conducting further inspections or removing certain
parts from service. EASA AD 2020-0156 also required modification of
certain helicopters by replacing certain part-numbered magnetic plugs
with other part-numbered magnetic plugs and prohibited the installation
of an affected magnetic plug on any helicopter. EASA considered EASA AD
2020-0156 to be an interim action and stated that further AD action may
follow.
After EASA issued EASA AD 2020-0156, further investigation results
determined the planet gears installed in the epicyclic module of the
MGB are subject to higher outer race contact pressures, which may cause
spalling and cracking. Accordingly, EASA issued EASA AD No. 2021-0016,
dated January 13, 2021 (EASA AD 2021-0016), which superseded EASA AD
2020-0156. EASA AD 2021-0016 retains the requirements of EASA AD 2020-
0156 and requires replacing the second stage planet gears at reduced
intervals. EASA AD 2021-0016 also prohibits the installation of an
affected MGB on any helicopter, unless the planetary gears are replaced
as required by the EASA AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0016 specifies procedures for inspecting the MGB
magnetic plug and oil filter and depending on the results, corrective
action. EASA AD 2021-0016 also specifies procedures for modifying the
helicopter by replacing the non-electrical magnetic plug with an
improved non-electrical magnetic plug. EASA AD 2021-0016 specifies
procedures for replacing all second stage planet gears at specified
intervals. EASA AD 2021-0016 also prohibits installing a certain part-
numbered magnetic plug on any helicopter and permits the installation
of an affected MGB provided that no planet gear installed has exceeded
300 flight hours since new and the planetary gears have been replaced
as required following the installation of the MGB.
Other Related Service Information
The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB)
No. SA365-05.33, Revision 1, dated December 15, 2020, which establishes
a new maintenance criterion following the detection of particles during
the scheduled periodic check of the MGB magnetic plug.
The FAA also reviewed Airbus Helicopters ASB No. SA365-65.53,
Revision 0, dated May 28, 2020. This service information specifies
procedures for installing modification 0763B19 to improve the
performance in collecting metal particles in the new non-electrical
magnetic plug.
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 products of the same type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2021-0016, 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
the EASA AD.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities to use this process. As a result, EASA AD 2021-0016 will be
incorporated by reference in the FAA final rule. This AD would,
therefore, require compliance with EASA AD 2021-0016 in its entirety,
[[Page 32971]]
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 the EASA AD 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
the EASA AD. Service information specified in EASA AD 2021-0016 that is
required for compliance with EASA AD 2021-0016 is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2022-
0517.
Differences Between This AD and the EASA AD
The EASA AD applies to Airbus Helicopters Model SA 365 C3
helicopters, whereas this AD does not because that model is not FAA
type-certificated. The EASA AD requires sending oil samples to Airbus
Helicopters, contacting Airbus Helicopters to determine the
characterization of certain particles collected or for details on the
MGB history, and reporting certain information to Airbus Helicopters,
whereas this AD does not. The EASA AD 2021-0016 specifies to contact
Airbus Helicopters if further particles are collected during close
monitoring, whereas this AD requires, before further flight,
accomplishing repair in accordance with a method approved by the
Manager, General Aviation & Rotorcraft Section, International
Validation Branch, FAA; or EASA; or Airbus Helicopters' EASA Design
Organization Approval (DOA). If approved by the DOA, the approval must
include the DOA-authorized signature. The EASA AD requires inspections
after the last flight of each day, whereas this AD requires those
inspections prior to the first flight of each day. Where the service
information referenced in EASA AD 2021-0016 specifies that certain
requirements can be performed by a mechanical technician or pilot, this
AD requires that the visual check of the MGB magnetic plugs be
performed by a qualified mechanic.
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.
FAA's Justification 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 no helicopters with this type certificate on the U.S.
Registry. 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 relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0517; Project Identifier MCAI-
2021-00356-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the AD, 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
AD 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 AD.
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 Kristin
Bradley, Aerospace Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone (817) 222-5110; email <a href="/cdn-cgi/l/email-protection#5219203b21263b3c7c102033363e372b123433337c353d24"><span class="__cf_email__" data-cfemail="054e776c76716c6b2b4777646169607c456364642b626a73">[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 (RFA)
The requirements of the 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
Currently, there are no affected U.S.-registered helicopters. If an
affected helicopter is imported and placed on the U.S. Register in the
future and labor costs are estimated at $85 per work-hour, the FAA
provides the following cost estimates to comply with this AD:
Inspecting the magnetic plugs and oil filter for particle deposits
will take about 1 work-hour for an estimated cost of $85 per helicopter
per inspection cycle.
Replacing the magnetic plugs will take about 5 hours and parts will
cost about $1,877 for a total cost of $2,302 per helicopter.
Replacing the planetary gear assembly will take about 48 work-hours
and parts will cost about $58,009 for a total cost of $62,089 per
helicopter.
Replacing an MGB will take about 42 work-hours and parts will cost
about $295,000 (overhauled) for a total cost of $298,570 per
helicopter.
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
[[Page 32972]]
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 this regulation:
(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:
2022-10-09 Airbus Helicopters: Amendment 39-22047; Docket No. FAA-
2022-0517; Project Identifier MCAI-2021-00356-R.
(a) Effective Date
This airworthiness directive (AD) becomes effective June 16,
2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Model SA-365C1 and SA-
365C2 helicopters, certificated in any category,
(d) Subject
Joint Aircraft Service Component (JASC) Code: 6320, Main Rotor
Gearbox.
(e) Unsafe Condition
This AD was prompted by an accident involving a Model EC225LP
helicopter in which the main rotor hub detached from the main
gearbox (MGB). The FAA is issuing this AD to detect particles in the
MGB and prevent planet gear seizure. The unsafe condition, if not
addressed, could result in planet gear seizure resulting in the loss
of the MGB and subsequent 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 paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0016, dated January 13, 2021 (EASA AD 2021-0016).
(h) Exceptions to EASA AD 2021-0016
(1) Where EASA AD 2021-0016 refers to its effective date or July
28, 2020 (the effective date of EASA AD 2020-0156, dated July 14,
2020), this AD requires using the effective date of this AD.
(2) Where EASA AD 2021-0016 requires actions during each ``after
last flight'' of the day inspection, this AD requires those actions
before the first flight of each day.
(3) Where EASA AD 2021-0016 refers to flight hours, this AD
requires using hours time-in-service.
(4) Where the service information referenced in EASA AD 2021-
0016 specifies to discard certain parts, this AD requires removing
those parts from service.
(5) Where the service information referenced in EASA AD 2021-
0016 specifies to return a certain part or send a certain part to an
approved workshop, this AD requires removing that part from service.
(6) Where the service information referenced in EASA AD 2021-
0016 specifies to use tooling, this AD allows the use of equivalent
tooling.
(7) Where the service information referenced in EASA AD 2021-
0016 specifies to contact Airbus Helicopters if further particles
are collected during close monitoring, this AD requires, before
further flight, accomplishing a repair in accordance with a method
approved by the Manager, General Aviation & Rotorcraft Section,
International Validation Branch, FAA; or EASA; or Airbus
Helicopters' EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
(8) Where the service information referenced in EASA AD 2021-
0016 specifies that certain requirements can be performed by a
mechanical technician or pilot, this AD requires that the visual
check of the MGB magnetic plugs be performed by a qualified
mechanic.
(9) Where the service information referenced in EASA AD 2021-
0016 specifies that if any 16NCD13 or 18NC16 particles are present
you are to take a 1-liter sample of oil and send it to the
manufacturer, this AD does not require those actions.
(10) Where the service information referenced in EASA AD 2021-
0016 specifies to perform a metallurgical analysis and contact the
manufacturer, this AD does require determining the characterization
of particles collected but does not require contacting the
manufacturer to determine the characterization of the particles
collected.
(11) Where the service information referenced in EASA AD 2021-
0016 specifies to contact Airbus Helicopters for details on the MGB
history, this AD does not require this action.
(12) The ``Remarks'' section of EASA AD 2021-0016 does not apply
to this AD.
(i) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed.
(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)(1) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#9ea7b3dfc8cdb3dfd7ccb3a9adaeb3dfd3d1dddef8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="ead3c7abbcb9c7aba3b8c7ddd9dac7aba7a5a9aa8c8b8bc48d859c">[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 Kristin Bradley,
Aerospace Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone (817) 222-5110; email
<a href="/cdn-cgi/l/email-protection#87ccf5eef4f3eee9a9c5f5e6e3ebe2fec7e1e6e6a9e0e8f1"><span class="__cf_email__" data-cfemail="d893aab1abacb1b6f69aaab9bcb4bda198beb9b9f6bfb7ae">[email protected]</span></a>. For service information identified in this
AD that is not incorporated by reference, contact Airbus
Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; telephone
(972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at <a href="https://www.airbus.com/helicopters/services/technical-support.html">https://www.airbus.com/helicopters/services/technical-support.html</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 2021-0016,
dated January 13, 2021.
(ii) [Reserved]
[[Page 32973]]
(3) For EASA AD EASA AD 2021-0016, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email <a href="/cdn-cgi/l/email-protection#28696c5b684d495b49064d5d5a475849064d5d"><span class="__cf_email__" data-cfemail="7435300734111507155a1101061b04155a1101">[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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for and locating Docket No. FAA-2022-0517.
(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#ef899dc186819c9f8a8c9b868081af818e9d8ec1888099"><span class="__cf_email__" data-cfemail="e48296ca8d8a97948187908d8b8aa48a859685ca838b92">[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 May 6, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-11553 Filed 5-31-22; 8:45 am]
BILLING CODE 4910-13-P
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