[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 [www.gpo.gov]
[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 https://www.regulations.gov. 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 https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0019.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov 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 https://www.regulations.gov 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 
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: 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 https://ad.easa.europa.eu.
    (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 https://www.regulations.gov 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 https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    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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