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[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Rules and Regulations]
[Pages 9269-9272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03056]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0027; Project Identifier MCAI-2021-00048-R; 
Amendment 39-21425; AD 2021-04-04]
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) 2020-19-
02, which applied to certain Airbus Helicopters (previously Eurocopter 
France) Model SA330J helicopters. AD 2020-19-02 required repetitively 
inspecting affected tail rotor (T/R) blades and depending on the 
inspection results, repairing or replacing the T/R blade. AD 2020-19-02 
also prohibited installing an affected T/R blade unless it passed the 
inspections. This AD retains the requirements of AD 2020-19-02 and also 
clarifies the applicability, clarifies the affected T/R blades in the 
required actions, reduces a compliance time, and corrects the 
prohibition requirement. This AD was prompted by the determination that 
these corrections are necessary. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD becomes effective March 1, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of October 7, 2020 
(85 FR 59416, September 22, 2020).
    The FAA must receive comments on this AD by March 29, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For 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 https://www.airbus.com/helicopters/services/technical-support.html. 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. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0027.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0027; 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 
European Aviation Safety Agency (now European Union Aviation Safety 
Agency) (EASA) AD, any comments received, and other information. The 
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, AD Program Manager, 
General Aviation & Rotorcraft Unit, Airworthiness Products Section, 
Operational Safety Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued AD 2020-19-02, Amendment 39-21243 (85 FR 59416, 
September 22, 2020) (AD 2020-19-02), for certain Airbus Helicopters 
(previously Eurocopter France) Model SA330J helicopters. AD 2020-19-02 
required, for each T/R blade part number (P/N) 330A12-0005-(all dash 
numbers) and 330A12-0006-(all dash numbers), repetitively accomplishing 
a visual and in-depth inspection for debonding and eddy current 
inspecting for a crack. If there was debonding within allowable limits, 
AD 2020-19-02 required repairing or replacing the T/R blade. If there 
was debonding that exceeded allowable limits or a crack, AD 2020-19-02 
required replacing the T/R blade. AD 2020-19-02 also prohibited 
installing an affected T/R blade unless it passed the inspections. AD 
2020-19-02 was prompted by EASA AD No. 2016-0059-E, dated March 22, 
2016 (EASA AD 2016-0059-E), issued by the 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 SA 330 J helicopters. EASA AD 2016-0059-E 
retains the requirements of Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (DGAC) France AD 87-032-052(B)R3, dated January 23, 
1991, which it supersedes, and also mandates improved service 
instructions. EASA advises of two reports of cracked metal T/R blade 
skin, which subsequently led to rotor blade vibrations and forced 
landing of the helicopter. According to EASA, this condition, if not 
addressed, could result in additional occurrences of T/R blade 
structural damage, possibly resulting in significant vibrations and 
reduced control of the helicopter.

[[Page 9270]]

Actions Since AD 2020-19-02 Was Issued

    Since the FAA issued AD 2020-19-02, it was identified that the 
compliance time for the initial visual inspection of T/R blade P/N 
330A12-0006-(all dash numbers) (with a de-icing system) was 
inadvertently stated as within 30 hours time-in-service (TIS). This 
final rule corrects this compliance time to within 15 hours TIS.
    Since the FAA issued AD 2020-19-02, it was also identified that the 
parts prohibition requirement could cause confusion about when the 
inspections must be accomplished prior to installation. This final rule 
clarifies this.
    Additionally, this final rule clarifies the applicability by 
identifying that T/R blade P/N 330A12-0005-(all dash numbers) is 
without a de-icing system installed and that T/R blade P/N 330A12-0006-
(all dash numbers) is with a de-icing system installed. This final rule 
also clarifies the required actions by adding the P/Ns.

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 proposing 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 the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Emergency Alert Service 
Bulletin No. 05.101, Revision 0, dated March 21, 2016, for Model SA330J 
helicopters with certain T/R blades with and without a de-icing system 
installed. This service information specifies procedures for a visual 
and in-depth inspection of the T/R blades for skin debonding and an 
eddy current inspection of the T/R blades for a crack using various 
crack detectors.
    This service information 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.

AD Requirements

    This AD requires, for T/R blade P/N 330A12-0006-(all dash numbers) 
(with a de-icing system), within 15 hours TIS after the effective date 
of this AD or within 15 hours TIS after last inspecting the T/R blade 
as required by paragraph (f)(1) of AD 2020-19-02, whichever occurs 
first, and thereafter at intervals not to exceed 15 hours TIS; and for 
T/R blade P/N 330A12-0005-(all dash numbers) (without a de-icing 
system), within 30 hours TIS after the effective date of this AD, or 
within 30 hours TIS after last inspecting the T/R blade as required by 
paragraph (f)(1) of AD 2020-19-02, whichever occurs first, and 
thereafter at intervals not to exceed 30 hours TIS:
     Accomplishing a visual and in-depth inspection of each T/R 
blade for debonding. If there is debonding within allowable limits, 
this AD requires repairing or replacing the T/R blade. If there is 
debonding that exceeds allowable limits, this AD requires replacing the 
T/R blade.
     Eddy current inspecting each T/R blade for a crack. If 
there is a crack, this AD requires replacing the T/R blade.
    This AD also prohibits installing an affected T/R blade on any 
helicopter unless it passes the inspections required by this AD.

Differences Between This AD and the EASA AD

    The EASA AD requires returning a T/R blade with a discrepancy to 
Airbus Helicopters; whereas this AD requires repairing or replacing the 
T/R blade if there is debonding within allowable limits and replacing 
the T/R blade if there is debonding that exceeds allowable limits or a 
crack instead.

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 the initial instance of the repetitive inspections must be 
completed within 15 or 30 hours TIS, a time period of up to 
approximately two months based on the average flight-hour utilization 
rates of these helicopters. 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-2021-0027; Project Identifier MCAI-
2021-00048-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 
https://www.regulations.gov, 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 Matt 
Fuller, AD Program Manager, General Aviation & Rotorcraft Unit, 
Airworthiness Products Section, Operational Safety Branch, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected]. Any commentary that the FAA receives which is 
not specifically designated as

[[Page 9271]]

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

    The FAA estimates that this AD affects 17 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD.
    Inspecting the T/R blades for debonding takes about 0.75 work-hour 
for an estimated cost of $64 per helicopter and $1,088 for the U.S. 
fleet, per inspection cycle. Eddy current inspecting the T/R blades for 
a crack takes about 1.75 work-hours for an estimated cost of $149 per 
helicopter and $2,533 for the U.S. fleet, per inspection cycle.
    If required, replacing a T/R blade takes about 4 work-hours and 
parts cost about $19,000, for an estimated cost of $19,340.

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.

Adoption of 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 2020-19-02, Amendment 39-21243 (85 
FR 59416, September 22, 2020); and
0
b. Adding the following new airworthiness directive:

2021-04-04 Airbus Helicopters: Amendment 39-21425; Docket No. FAA-
2021-0027; Project Identifier MCAI-2021-00048-R.

(a) Effective Date

    This airworthiness directive (AD) is effective March 1, 2021.

(b) Affected ADs

    This AD replaces AD 2020-19-02, Amendment 39-21243 (85 FR 59416, 
September 22, 2020) (AD 2020-19-02).

(c) Applicability

    This AD applies to Airbus Helicopters Model SA330J helicopters, 
certificated in any category, with a tail rotor (T/R) blade part 
number (P/N) 330A12-0005-(all dash numbers) (without a de-icing 
system) or 330A12-0006-(all dash numbers) (with a de-icing system), 
installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6410, Tail Rotor 
Blades.

(e) Unsafe Condition

    This AD was prompted by two reports of cracked metal T/R blade 
skin. The FAA is issuing this AD to address fatigue cracking of a T/
R blade. The unsafe condition, if not addressed, could result in 
failure of a T/R blade and subsequent loss of control of the 
helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) For T/R blade P/N 330A12-0006-(all dash numbers) (with a de-
icing system), within 15 hours time-in-service (TIS) after the 
effective date of this AD or within 15 hours TIS after last 
inspecting the T/R blade as required by paragraph (f)(1) of AD 2020-
19-02, whichever occurs first, and thereafter at intervals not to 
exceed 15 hours TIS; and for T/R blade P/N 330A12-0005-(all dash 
numbers) (without a de-icing system), within 30 hours TIS after the 
effective date of this AD, or within 30 hours TIS after last 
inspecting the T/R blade as required by paragraph (f)(1) of AD 2020-
19-02, whichever occurs first, and thereafter at intervals not to 
exceed 30 hours TIS:
    (i) Inspect each T/R blade for debonding by following the visual 
and in-depth inspection procedures in the Accomplishment 
Instructions, paragraph 3.B.2., of Airbus Helicopters Emergency 
Alert Service Bulletin No. 05.101, Revision 0, dated March 21, 2016 
(EASB 05.101). If there is debonding within allowable limits, before 
further flight, repair or replace the T/R blade. If there is 
debonding that exceeds allowable limits, before further flight, 
replace the T/R blade.
    (ii) Eddy current inspect each T/R blade for a crack by 
following the Accomplishment Instructions, paragraph 3.B.3.a. of 
EASB 05.101, then either paragraph 3.B.3.b.1. or 3.B.3.b.2. of EASB 
05.101 depending on your crack detector, and paragraph 3.B.3.c. of 
EASB 05.101 except the ``if there are no cracks'' and ``if there are 
one or several cracks'' steps. Instead of the ``if there are no 
cracks'' and ``if there are one or several cracks'' steps, if there 
is a crack, before further flight, replace the T/R blade.
    (2) As of the effective date of this AD, do not install a T/R 
blade identified in paragraph (c) of this AD on any helicopter 
unless the actions of paragraphs (g)(1)(i) and (ii) of this AD have 
been accomplished.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Strategic Policy Rotorcraft Section, 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 certification office, send it to the 
attention of the person identified in paragraph (i)(1) of this AD. 
Information may be emailed to: [email protected].
    (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.

(i) Related Information

    (1) For more information about this AD, contact Matt Fuller, AD 
Program Manager, General Aviation & Rotorcraft Unit,

[[Page 9272]]

Airworthiness Products Section, Operational Safety Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-
5110; email [email protected].
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
No. 2016-0059-E, dated March 22, 2016. You may view the EASA AD on 
the internet at https://www.regulations.gov in Docket No. FAA-2021-
0027.

(j) 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 the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
October 7, 2020 (85 FR 59416, September 22, 2020).
    (i) Airbus Helicopters Emergency Alert Service Bulletin No. 
05.101, Revision 0, dated March 21, 2016.
    (ii) [Reserved]
    (4) For Airbus Helicopters service information identified in 
this AD, 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 https://www.airbus.com/helicopters/services/technical-support.html.
    (5) 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.
    (6) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 3, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-03056 Filed 2-10-21; 2:00 pm]
BILLING CODE 4910-13-P
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