[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 [www.gpo.gov]
[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 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 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 https://ad.easa.europa.eu. 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 https://www.airbus.com/helicopters/services/technical-support.html. 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 https://www.regulations.gov by searching for and 
locating Docket FAA-2022-0517.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov 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 https://www.regulations.gov 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 
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 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 https://www.airbus.com/helicopters/services/technical-support.html.

(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 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 at https://www.regulations.gov 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 https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    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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