[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Rules and Regulations]
[Pages 41046-41049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14589]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0295; Project Identifier MCAI-2021-00840-R; 
Amendment 39-22100; AD 2022-13-14]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters Model AS-365N2, AS 365 N3, EC 155B, EC155B1, and SA-
365N1 helicopters. This AD was prompted by a large amount of critical 
scale particles found on the tail rotor gearbox (TGB) chip detector 
magnetic plug during an unscheduled check of the TGB. The particles 
belonged to the double bearing (pitch control rod bearing) installed 
inside the TGB. This AD requires repetitive inspections of the TGB chip 
detector for particles, analyzing any particles collected, performing a 
double bearing washing, repetitive replacements of certain part-
numbered double bearings, and corrective actions if necessary, 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 is effective August 15, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 15, 
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#3372774073565240521d5646415c43521d5646"><span class="__cf_email__" data-cfemail="1b5a5f685b7e7a687a357e6e69746b7a357e6e">[email protected]</span></a>; internet 
www.easa.europa.eu. You may find the EASA 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 IBRed is also available in the AD docket at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0295.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0295; 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 
EASA AD, any comments received, and other information. The address for 
Docket Operations is U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200

[[Page 41047]]

New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7330; email <a href="/cdn-cgi/l/email-protection#ff9e919b8d9a9ed19596929a919a85bf999e9ed1989089"><span class="__cf_email__" data-cfemail="99f8f7fdebfcf8b7f3f0f4fcf7fce3d9fff8f8b7fef6ef">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0170, dated July 19, 2021 (EASA 
AD 2021-0170), to correct an unsafe condition for all Airbus 
Helicopters (AH), formerly Eurocopter, Eurocopter France, Aerospatiale, 
Sud Aviation, Model AS 365 N2, AS 365 N3, EC 155 B, EC 155 B1 and SA 
365 N1 helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus Helicopters 
Model AS-365N2, AS 365 N3, EC 155B, EC155B1, and SA-365N1 helicopters. 
The NPRM published in the Federal Register on April 11, 2022 (87 FR 
21052). The NPRM was prompted by a large amount of critical scale 
particles found on the TGB chip detector magnetic plug during an 
unscheduled check of a Model AS 365 N2 helicopter. The NPRM proposed to 
require repetitive inspections of the TGB chip detector for particles, 
analyzing any particles collected, performing a double bearing washing, 
repetitive replacements of certain part-numbered double bearings, and 
corrective actions if necessary, as specified in EASA AD 2021-0170.
    The FAA is issuing this AD to prevent bearing degradation and 
subsequent failure. The unsafe condition, if not addressed, could 
result in loss of yaw control of the helicopter. See EASA AD 2021-0170 
for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from an anonymous commenter. The 
commenter did not request any changes to the NPRM or to the 
determination of costs.

Conclusion

    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 reviewed the relevant 
data, considered the comments received, and determined that air safety 
requires adopting this AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these helicopters. This AD 
is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0170 requires analyzing any particles collected during 
close monitoring or during any required inspections, repetitive 
inspections of the TGB chip detector for particles, performing a double 
bearing washing, and corrective actions. Corrective actions include 
removing an affected TGB and repairing or replacing that TGB, sending 
affected parts and certain information to the manufacturer, replacing a 
TGB chip detector or TGB electrical magnetic plug, and replacing an 
affected O-ring and double bearing. EASA AD 2021-0170 also requires 
performing a double bearing washing or performing a metallurgical 
analysis based on inspection results.
    EASA AD 2021-0170 also requires for any double bearing part number 
(P/N) 704A33-651-245 or 704A33-651-246, installed on any TGB P/N 
365A33-6005-09, before exceeding 610 flight hours (FH) since first 
installation, or within 110 FH after October 28, 2019 (the effective 
date of EASA AD 2019-0267-E, dated October 25, 2019), whichever occurs 
later, and thereafter at intervals not to exceed 500 FH, replacing the 
affected double bearing with a serviceable one. EASA AD 2021-0170 
allows double bearing part number P/N 704A33-651-245 or 704A33-651-246 
to be installed, provided it has never been installed on a helicopter 
and it is inspected as required by EASA AD 2021-0170. Finally, EASA AD 
2021-0170 allows TGB P/N 365A33-6005-09 to be installed, provided it 
has a serviceable double bearing installed that is inspected as 
required by EASA AD 2021-0170.
    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 Emergency Alert Service 
Bulletin (EASB) No. 01.00.24 for non FAA-type certificated military 
Model AS565MA, MB, MBe, SA, SB, and UB helicopters; EASB No. 01.00.71 
for Model AS365N1, N2, and N3 helicopters, and non FAA-type 
certificated military Model AS365F, Fi, K, and K2 helicopters; EASB No. 
01.31 for non FAA-type certificated military Model SA366GA helicopters; 
and EASB No. 04A016 for Model EC155B and B1 helicopters, each Revision 
3 and dated June 14, 2021 (co-published as one document).
    This service information specifies procedures to inspect the TGB 
chip detector for particles, analyze and define the particles by 
performing a metallurgical analysis, perform a washing of the double 
bearing, replace the double bearing, and send certain information and 
affected parts to the manufacturer.

Interim Action

    The FAA considers this AD to be an interim action. If final action 
is later identified, the FAA might consider further rulemaking.

Differences Between This AD and EASA AD 2021-0170

    Service information referenced in EASA AD 2021-0170 specifies 
sending compliance forms, and certain parts to the manufacturer; this 
AD does not. Service information referenced in EASA AD 2021-0170 
specifies contacting Airbus Helicopters for approved repairs or 
corrective actions if certain discrepancies are found, whereas this AD 
requires accomplishing repairs or corrective actions using a method 
approved by the Manager, General Aviation and 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.

Costs of Compliance

    The FAA estimates that this AD affects 53 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.
    Analyzing any particles collected during close monitoring takes 
about 1 work-hour for an estimated cost of $85 per inspection and up to 
$4,505 for the U.S. fleet.
    Replacing a double bearing takes about 16 work-hours and parts cost 
about $1,620 for an estimated cost of $2,980 per replacement and 
$157,940 for the U.S. fleet.
    Inspecting the TGB chip detector for particles takes about 1 work-
hour for an estimated cost of $85 per inspection and $4,505 for the 
U.S. fleet.
    Performing a double bearing washing takes about 8 work-hours for an 
estimated cost of $680 per helicopter.

[[Page 41048]]

    The FAA estimates the following costs to do any necessary on-
condition replacements that are required based on the results of the 
inspection. The agency has no way of determining the number of aircraft 
that might need these on-condition replacements:
    Analyzing collected particles takes about 1 work-hour for an 
estimated cost of $85 per helicopter.
    Replacing a double bearing takes about 16 work-hours and parts cost 
about $1,620 for an estimated cost of $2,980 per bearing.
    Replacing a TGB chip detector or TGB electrical magnetic plug takes 
about 1 work-hour and parts cost about $900 for an estimated cost of 
$985 per part replacement.
    Replacing an O-ring takes about 1 work-hour and parts cost about 
$100 for an estimated cost of $185 per O-ring.
    Replacing a TGB takes about 8 work-hours and parts cost about 
$155,302 for an estimated cost of $155,982 per replacement.
    The FAA has received no definitive data for the repair cost of a 
TGB.

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 above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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:

2022-13-14 Airbus Helicopters: Amendment 39-22100; Docket No. FAA-
2022-0295; Project Identifier MCAI-2021-00840-R.

(a) Effective Date

    This airworthiness directive (AD) is effective August 15, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS-365N2, AS 365 
N3, EC 155B, EC155B1, and SA-365N1 helicopters, certificated in any 
category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 6500, Tail Rotor 
Drive System.

(e) Unsafe Condition

    This AD was prompted by a large amount of critical scale 
particles found on the tail rotor gearbox (TGB) chip detector 
magnetic plug during an unscheduled check of the TGB. The particles 
belonged to the double bearing (pitch control rod bearing) installed 
inside the TGB. The FAA is issuing this AD to prevent bearing 
degradation and subsequent failure. The unsafe condition, if not 
addressed, could result in loss of yaw 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 
2021-0170, dated July 19, 2021 (EASA AD 2021-0170).

(h) Exceptions to EASA AD 2021-0170

    (1) Where EASA AD 2021-0170 requires compliance in terms of 
flight hours (FH), this AD requires using hours time-in-service 
(TIS).
    (2) Where EASA AD 2021-0170 refers to the effective dates 
specified in paragraphs (h)(2)(i) through (iii) of this AD, this AD 
requires using the effective date of this AD.
    (i) October 28, 2019 (the effective date of EASA AD 2019-0267-E, 
dated October 25, 2019).
    (ii) November 19, 2019 (the effective date of EASA AD 2019-
0267R1, dated November 12, 2019, and corrected November 13, 2019).
    (iii) The effective date of EASA AD 2021-0170.
    (3) Where EASA AD 2021-0170 requires actions during each ``after 
last flight (ALF) of the day inspection'' or ``ALF,'' this AD 
requires those actions before the first flight of each day.
    (4) Where paragraph (7) of EASA AD 2021-0170 specifies ``any 
discrepancy,'' for this AD discrepancies include the presence of 
particles and other conditions such as abrasions, particles that 
consist of any scale, chip, flake, splinter, M50 particles, magnetic 
abrasion dust, or other particles other than cotter pin fragments, 
pieces of lock wire, swarf, or miscellaneous non-metallic waste.
    (5) Where paragraph (8) of EASA AD 2021-0170 specifies for Group 
2 helicopters, the first replacement of the affected part must be 
accomplished not later than December 31, 2021, this AD requires, for 
Group 2 helicopters, the first replacement of the affected part as 
defined in EASA AD 2021-0170 must be accomplished within 5 months 
after the effective date of this AD.
    (6) Where any work card referenced in the service information 
referenced in EASA AD 2021-0170 specifies ``if there is an anomaly, 
replace the chip detector,'' or ``if there is an anomaly, replace 
the TGB electrical magnetic plug,'' for this AD an anomaly may be 
indicated by the magnetic component of the TGB chip detector or the 
TGB electrical magnetic plug not being magnetized. If there is an 
anomaly, this AD requires before further flight, removing from 
service the TGB chip detector or the TGB electrical magnetic plug as 
applicable to your model helicopter.
    (7) Where any work card referenced in the service information 
referenced in EASA AD 2021-0170 specifies ``make sure that the chip 
detector is in good condition,'' or ``make sure that the TGB 
electrical magnetic plug is in good condition,'' as applicable to 
your model helicopter, for this AD ``good condition'' is indicated 
when there are no signs of wear on the locking systems (including 
wear on the bayonets, and slotted tubes). If there are any signs of 
wear on the locking systems, this AD requires before further flight, 
removing from service the TGB chip detector or the TGB magnetic 
electrical magnetic plug as applicable to your model helicopter.
    (8) Where any work card referenced in the service information 
referenced in EASA AD 2021-0170 specifies ``if necessary, replace 
the O-rings,'' this AD requires before further

[[Page 41049]]

flight, removing any affected O-ring from service.
    (9) Where the service information referenced in EASA AD 2021-
0170 specifies to return certain parts to the manufacturer, 
including for repair, this AD does not require returning parts to 
the manufacturer, however, this AD does require before further 
flight, repair done in accordance with a method approved by the 
Manager, General Aviation and 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.
    (10) Where the service information referenced in EASA AD 2021-
0170 specifies to remove the TGB as per technical documentation, or 
remove the concerned module(s), this AD requires before further 
flight, removing the TGB and replacing it with an airworthy part, or 
repairing the TGB in accordance with a method approved by the 
Manager, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA; or EASA; or Airbus Helicopters' EASA DOA. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.
    (11) Where the service information referenced in EASA AD 2021-
0170 specifies if the collected particles cannot be clearly defined, 
perform a metallurgical analysis and contact Airbus Helicopters, 
before continuing flights, this AD does require before further 
flight, characterization of the particles collected, and performing 
a metallurgical analysis for any particles collected using a method 
in accordance with FAA-approved procedures. However, this AD does 
not require contacting the manufacturer to determine the 
characterization of the particles collected.
    (12) Where the service information or any work card referenced 
in EASA AD 2021-0170 specifies to do the actions identified in 
paragraphs (h)(12)(i) through (v) of this AD, this AD does not 
include those requirements.
    (i) Complete Appendix 4.A and 4.B.
    (ii) Comply with paragraph 2.D.
    (iii) Send all collected particles and metallurgical analysis 
report to depot level maintenance facility with the concerned 
module.
    (iv) Inform EST using chip detection tracking sheet.
    (v) Complete the ``Particle Detection'' follow up sheet.
    (13) Where a work card referenced in the service information 
referenced in EASA AD 2021-0170 specifies ``send all oversized 
particles for analysis and wait for results before continuing 
flight,'' this AD does not require sending particles for analysis, 
however this AD does require before further flight, analyzing the 
particles using a method in accordance with FAA-approved procedures.
    (14) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0170.
    (15) Where paragraph (7) of EASA AD 2021-0170 specifies to 
accomplish the applicable corrective actions ``within the compliance 
time as identified in the applicable ASB,'' this AD requires 
accomplishing corrective actions before further flight.
    (16) Where paragraph (1) of EASA AD 2021-0170 specifies ``within 
the applicable compliance time as identified in the close monitoring 
and until completion of the close monitoring,'' this AD requires a 
close monitoring compliance time of a total of 25 hours TIS.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0170 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199, provided no passengers are onboard.

(k) 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 (l) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#cff6e28e999ce28e869de2f8fcffe28e82808c8fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="fdc4d0bcabaed0bcb4afd0cacecdd0bcb0b2bebd9b9c9cd39a928b">[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.

(l) Related Information

    For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email <a href="/cdn-cgi/l/email-protection#4d2c23293f282c63272420282328370d2b2c2c632a223b"><span class="__cf_email__" data-cfemail="3958575d4b5c58175350545c575c43795f5858175e564f">[email protected]</span></a>.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2021-0170, 
dated July 19, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0170, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#dd9c99ae9db8bcaebcf3b8a8afb2adbcf3b8a8"><span class="__cf_email__" data-cfemail="c68782b586a3a7b5a7e8a3b3b4a9b6a7e8a3b3">[email protected]</span></a>; internet www.easa.europa.eu. You may find the 
EASA material 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-2022-0295.
    (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#e28490cc8b8c91928781968b8d8ca28c839083cc858d94"><span class="__cf_email__" data-cfemail="5234207c3b3c21223731263b3d3c123c3320337c353d24">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    Issued on June 16, 2022.

Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-14589 Filed 7-8-22; 8:45 am]
BILLING CODE 4910-13-P


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