[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Rules and Regulations]
[Pages 31042-31046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11082]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0455; Product Identifier 2019-SW-105-AD; Amendment 
39-21130; AD 2020-11-05]
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 all 
Airbus Helicopters Model EC120B helicopters. This AD was prompted by a 
report of recurrent loss of tightening torque on several attachment 
bolts of the tail rotor hub body. This AD requires repetitive 
inspections of the tail rotor hub body for cracks and applicable 
corrective actions if necessary, and repetitive replacement of the 
attachment bolts, washers, and nuts of the tail rotor hub body. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective June 8, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 8, 
2020.
    The FAA must receive comments on this AD by July 6, 2020.

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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, 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. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0455.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0455; 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 European Union Aviation Safety Agency (EASA) AD, any 
service information that is incorporated by reference, any comments 
received, and other information. The street address for Docket 
Operations is listed above. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email Kathleen.Arrigotti@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0272R1, dated November 18, 2019 
(referred to after this as the Mandatory Continuing Airworthiness 
Information or ``the MCAI''), to correct an unsafe condition for all 
Airbus Helicopters EC120B helicopters. EASA advises that an inspection 
of the tail rotor hub body revealed a recurring loss of tightening 
torque on several attachment bolts. EASA advises that this condition, 
if not detected and corrected, could lead to cracking and potential 
loss of the tail rotor drive and consequent loss of yaw control of the 
helicopter. The MCAI requires repetitive inspections of the tail rotor 
hub body for cracks and applicable corrective actions if necessary, as 
well as repetitive replacement of the associated attachment bolts, 
washers, and nuts.
    You may examine the MCAI in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0455.

Related Service Information Under 1 CFR Part 51

    Airbus Helicopters has issued Emergency Alert Service Bulletin 
05A020, Revision 1, dated November 8, 2019. This service information 
describes procedures for repetitive inspections of the tail rotor hub 
body for cracks and applicable corrective actions if necessary, and 
repetitive replacement of the attachment bolts, washers, and nuts of 
the tail rotor hub body. Corrective actions include replacing the tail 
rotor hub body and associated bolts, washers, and nuts, and an 
inspection of the splined flange and the tail rotor hub body, and, if 
necessary, replacing the splined flange.
    This service information is reasonably available because the 
interested parties

[[Page 31043]]

have access to it through their normal course of business or by the 
means identified in the ADDRESSES section.

Other Related Service Information

    Airbus Helicopters has issued Emergency Alert Service Bulletin 
05A020, Revision 0, dated October 29, 2019. The actions specified in 
this service bulletin are the same as those specified in Airbus 
Helicopters Emergency Alert Service Bulletin 05A020, Revision 1, dated 
November 8, 2019. However, Airbus Helicopters Emergency Alert Service 
Bulletin 05A020, Revision 1, dated November 8, 2019, revised the 
compliance time for repetitive inspections of the tail rotor hub body 
for cracks from within every 15 hours time-in-service (TIS) but not to 
exceed 7 days, to within every 15 hours TIS.
    Airbus has issued ``Detailed Check--Splined Flange,'' Task 64-21-
00, 6-5, Airbus Aircraft Maintenance Manual (AMM), Version B, dated 
April 7, 2014. This service information describes inspection criteria 
and inspection areas for a detailed check of the tail rotor splined 
flange.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is issuing this AD 
after evaluating all pertinent information and determining the unsafe 
condition exists and is likely to exist or develop on other products of 
the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the service 
information described previously, except as discussed under 
``Differences Between this AD and the MCAI or Service Information.''

Differences Between This AD and the MCAI

    Where Note 1 of the MCAI allows a non-cumulative tolerance of 100 
hours TIS to be applied to the compliance times for the initial 
replacement of bolts, washers, and nuts (Table 1 of the MCAI) to allow 
for synchronization of the required inspections with other maintenance 
tasks, this AD does not allow a non-cumulative tolerance of 100 hours 
TIS to be applied to the compliance times for the initial replacement 
of bolts, washers, and nuts (Figure 3 to paragraph (j) of this AD).

FAA's 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.) 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 seeking comment prior to the 
rulemaking. Similarly, 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 waiving notice and comment prior to adoption of this rule 
because recurrent loss of tightening torque on several tail rotor hub 
body attachment bolts could lead to cracking and potential loss of the 
tail rotor drive and consequent loss of yaw control of the helicopter. 
The FAA determined a compliance time of 15 hours TIS or 7 days, 
whichever occurs first, is required to correct the unsafe condition. 
This compliance time is shorter than the time necessary for the public 
to comment and for publication of the final rule.
    Accordingly, notice and opportunity for prior public comment are 
impracticable pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
reasons stated above, 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

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. However, the FAA invites you to send any written 
relevant data, views, or arguments about this AD. Send your comments to 
an address listed under the ADDRESSES section. Include ``Docket No. 
FAA-2020-0455; Product Identifier 2019-SW-105-AD'' at the beginning of 
your comments. The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this AD. The 
FAA will consider all comments received by the closing date and may 
amend this AD based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this AD.

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 notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 90 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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1 work-hour x $85 per hour = $85.............................              $0              $85           $7,650
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable it to 
provide cost estimates for the on-condition actions specified in this 
AD.

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 31044]]

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

    The FAA determined that 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 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 adding the following new airworthiness 
directive (AD):

2020-11-05 Airbus Helicopters: Amendment 39-21130; Docket No. FAA-
2020-0455; Product Identifier 2019-SW-105-AD.

(a) Effective Date

    This AD becomes effective June 8, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model EC120B helicopters, 
certificated in any category, all serial numbers.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 6400, Tail rotor 
system.

(e) Reason

    This AD was prompted by a report of recurrent loss of tightening 
torque on several attachment bolts on the tail rotor hub body. The 
FAA is issuing this AD to address this condition, which could lead 
to cracking and potential loss of the tail rotor drive and 
consequent loss of yaw control of the helicopter.

(f) Compliance

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

(g) Definitions

    (1) For the purposes of this AD, an affected part is any tail 
rotor hub body part number C642A0100103.
    (2) For the purposes of this AD, a serviceable part is any 
affected part that is new (not previously installed on any 
helicopter); or any affected part on which an inspection has been 
done as specified in the instructions of Airbus Helicopters 
Emergency Alert Service Bulletin 05A020, Revision 0, dated October 
29, 2019, or Airbus Helicopters Emergency Alert Service Bulletin 
05A020, Revision 1, dated November 8, 2019, and there were no 
cracks.

(h) Repetitive Inspection of the Tail Rotor Hub Body

    Within 15 hours time-in-service (TIS) or 7 days, whichever 
occurs first after the effective date of this AD: Inspect the 
affected part (as defined in paragraph (g)(1) of this AD) for 
cracking in accordance with the instructions of section 3.B.2 of 
Airbus Helicopters Emergency Alert Service Bulletin 05A020, Revision 
1, dated November 8, 2019. Thereafter, repeat the inspection at 
intervals not to exceed 15 hours TIS.

(i) Corrective Actions

    (1) If, during any inspection required by paragraph (h) of this 
AD, there are any cracks, before next flight, replace the tail rotor 
hub body with a serviceable part (as defined in paragraph (g)(2) of 
this AD) and replace the bolts, washers, and nuts with new bolts, 
washers, and nuts, in accordance with the instructions of section 
3.B.3 of Airbus Helicopters Emergency Alert Service Bulletin 05A020, 
Revision 1, dated November 8, 2019, and inspect the tail rotor 
splined flange for the conditions identified in figure 1 to 
paragraph (i)(1) of this AD and at the areas identified in figure 2 
to paragraph (i)(1) of this AD in accordance with the instructions 
of section 1.E.2 of Airbus Helicopters Emergency Alert Service 
Bulletin 05A020, Revision 1, dated November 8, 2019.

    Note 1 to paragraph (i)(1):  You may refer to ``Detailed Check--
Splined Flange,'' Task 64-21-00, 6-5, Airbus Aircraft Maintenance 
Manual (AMM) Version B, dated April 7, 2014, which pertains to the 
tail rotor splined flange inspection.


[[Page 31045]]


[GRAPHIC] [TIFF OMITTED] TR22MY20.000

[GRAPHIC] [TIFF OMITTED] TR22MY20.001

    (2) If, during any inspection of the tail rotor splined flange 
required by paragraph (i)(1) of this AD, the condition of the part 
exceeds the criteria as specified in figure 1 to paragraph (i)(1) of 
this AD, before next flight, replace the tail rotor splined flange 
with an airworthy tail rotor splined flange in accordance with the 
instructions of section 3.B.4 of Airbus Helicopters Emergency Alert 
Service Bulletin 05A020, Revision 1, dated November 8, 2019.

(j) Replacement of Attachment Bolts, Washers, and Nuts of the Tail 
Rotor Hub Body

    Within the applicable compliance time specified in figure 3 to 
paragraph (j) of this AD, replace the attachment bolts, washers,

[[Page 31046]]

and nuts of the tail rotor hub body with new bolts, washers, and 
nuts in accordance with the instructions of Airbus Helicopters 
Emergency Alert Service Bulletin 05A020, Revision 1, dated November 
8, 2019. Thereafter, repeat the replacement of the bolts, washers, 
and nuts at intervals not to exceed 1,000 hours TIS.
[GRAPHIC] [TIFF OMITTED] TR22MY20.002

 (k) Parts Installation Limitation

    As of the effective date of this AD, it is allowed to install on 
any helicopter an affected part, provided it is a serviceable part, 
as defined in paragraph (g) of this AD.

(l) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (h) through (j) of this AD, if those actions were 
performed before the effective date of this AD using Airbus 
Helicopters Emergency Alert Service Bulletin 05A020, Revision 0, 
dated October 29, 2019.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to: 
Manager, Safety Management Section, Rotorcraft Standards Branch, 
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-
5110; email 9-ASW-FTW-AMOC-Requests@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, notify your 
principal inspector or lacking a principal inspector, the manager of 
the local flight standards district office or certificate holding 
district office, before operating any aircraft complying with this 
AD through an AMOC.

(n) Related Information

    The subject of this AD is addressed in European Union Aviation 
Safety Agency (EASA) AD 2019-0272R1, dated November 18, 2019. This 
EASA AD may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0455.

(o) 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) Airbus Helicopters Emergency Alert Service Bulletin 05A020, 
Revision 1, dated November 8, 2019.
    (ii) [Reserved]
    (3) For 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.
    (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.
    (5) 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 fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 18, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-11082 Filed 5-21-20; 8:45 am]
 BILLING CODE 4910-13-P


