[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Rules and Regulations]
[Pages 13165-13168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04800]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0094; Project Identifier MCAI-2021-00100-R; 
Amendment 39-21437; AD 2021-04-15]
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 AS355E, AS355F, AS355F1, AS355F2, AS355N and 
AS355NP helicopters; and certain Model AS350B3 helicopters. This AD was 
prompted by a report that, during an unscheduled post-flight inspection 
of the tail cone area, a crack was found in the spar of the upper part 
of the vertical fin and fractures were found in the two front 
attachment screws. This AD requires repetitive visual inspections of 
the right-hand side of the vertical fin spar for discrepancies 
(cracking), and corrective action 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 becomes effective March 23, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 23, 
2021.
    The FAA must receive comments on this AD by April 22, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. 
You may find this material on the EASA website at https://ad.easa.europa.eu. 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. It is also available in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2021-0094.

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-2021-
0094; 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, 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, Aviation Safety 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3218; email: kathleen.arrigotti@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0186, dated August 20, 2020 
(EASA AD 2020-0186) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus Helicopters Model AS355E, AS355F, AS355F1, AS355F2, 
AS355N and AS355NP helicopters; and certain Model AS350B3 helicopters.
    This AD was prompted by a report that, during an unscheduled post-
flight inspection of the tail cone area of an Airbus Helicopters Model 
AS355NP helicopter, a crack was found in the spar of the upper part of 
the vertical fin and fractures were found in the two front attachment 
screws. Airbus Helicopters Model AS350B3 helicopters have a similar 
vertical fin configuration and are subject to comparable load levels as 
the affected Model AS355NP helicopter, therefore, this model may be 
subject to the same unsafe condition revealed on the Model AS355NP 
helicopter. The FAA is issuing this AD to address

[[Page 13166]]

cracking in the spar of the upper part of the vertical fin and 
fractures in the front attachment screws. This condition could lead to 
in-flight separation of the upper part of the vertical fin, resulting 
in loss of control of the helicopter. See the MCAI for additional 
background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0186 describes procedures for, among other actions, 
repetitive visual inspections of the right-hand side of the vertical 
fin spar for cracking and corrective action. The corrective action 
includes repair. EASA AD 2020-0186 also describes procedures for an 
optional modification, which terminates the repetitive inspections.
    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.

FAA's Determination

    These products have been approved by the aviation authority of 
another country, and are 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 referenced above. The FAA is issuing this AD after 
evaluating all pertinent information and determining that the unsafe 
condition exists and is likely to exist or develop on other products of 
these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2020-0186, 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 MCAI.''

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 (CAAs) to use this process. As a result, EASA AD 2020-0186 
will be incorporated by reference in the FAA final rule. This AD would, 
therefore, require compliance with EASA AD 2020-0186 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 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 2020-0186 that is 
required for compliance with EASA AD 2020-0186 is available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0094.

Differences Between This AD and the MCAI

    Paragraph (2) of EASA AD 2020-0186 specifies doing repetitive 
cleaning and detailed inspections of the vertical fin spar and vertical 
fin upper attachments. The actions specified in paragraph (2) of EASA 
AD 2020-0186 are not required by this AD because the planned compliance 
time for those actions would allow enough time to provide notice and 
opportunity for prior public comment on the merits of those actions. 
The FAA is considering additional rulemaking to address the actions 
specified in paragraph (2) of EASA AD 2020-0186.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (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.
    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 cracking in the spar of the upper part of the vertical fin and 
fractures in the front attachment screws could lead to in-flight 
separation of the upper part of the vertical fin, resulting in loss of 
control of the helicopter. In addition, the initial inspection is 
required within 55 hours time-in-service, a time period of less than 3 
months based on the average flight-hour utilization rate of these 
helicopters. Therefore, notice and opportunity for prior public comment 
are impracticable and contrary to public interest pursuant to 5 U.S.C. 
553(b)(3)(B). In addition, the FAA finds that good cause exists 
pursuant to 5 U.S.C. 553(d) for making this amendment effective in less 
than 30 days.

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-2021-0094; Project Identifier MCAI-
2021-00100-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 
Kathleen Arrigotti, Aviation Safety Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des Moines, 
WA 98198; phone and fax: 206-231-3218; email: 
kathleen.arrigotti@faa.gov. Any commentary that the FAA receives that 
is not specifically

[[Page 13167]]

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 notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 650 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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7 work-hour x $85 per hour = $595............................              $0             $595         $386,750
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                  Estimated Costs for Optional Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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8 work-hours x $85 per hour = $680....          $7,300           $7,980
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    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required or optional actions. The FAA has no way of determining the 
number of helicopters that might need this on-condition action:

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement...................................  4 work-hours x $85 per hour =            $17,052         $17,392
                                                 $340.
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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

    The FAA determined that this AD would not have federalism 
implications under Executive Order 13132. This AD would 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:

2021-04-15 Airbus Helicopters: Amendment 39-21437; Docket No. FAA-
2021-0094; Project Identifier MCAI-2021-00100-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 23, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters specified in paragraph 
(c)(1) and (2) of this AD, certificated in any category.
    (1) Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP 
helicopters, all serial numbers.
    (2) Model AS350B3 helicopters, all serial numbers except those 
that have embodied Modification 07.3148 in production, or Eurocopter 
AS350 Service Bulletin 55.00.14 (any revision) in service.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5531, Vertical 
Stabilizer, Spar/Rib.

(e) Reason

    This AD was prompted by a report that, during an unscheduled 
post-flight inspection of the tail cone area of an Airbus 
Helicopters Model AS355NP helicopter, a crack was found in the spar 
of the upper fin and fractures were found in the two front 
attachment screws. The FAA is issuing this AD to address cracking in 
the spar of the upper part of the vertical fin and fractures in the 
front attachment screws. This condition could lead to in-flight 
separation of the upper part of the vertical fin, resulting in loss 
of control of the helicopter.

[[Page 13168]]

(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, EASA AD 2020-0186, dated August 20, 2020 (EASA AD 
2020-0186).

(h) Exceptions to EASA AD 2020-0186

    (1) Where EASA AD 2020-0186 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0186 does not apply 
to this AD.
    (3) The actions specified in paragraph (2) of EASA AD 2020-0186 
are not required by this AD.
    (4) Where paragraph (3) of EASA AD 2020-0186 specifies to 
contact the manufacturer for approved repair instructions, for this 
AD, if any cracking is detected during any inspection, repair before 
further flight using a method approved by the Manager, International 
Validation Branch, FAA. For a repair method to be approved by the 
Manager, International Validation Branch, as required by this 
paragraph, the Manager's approval letter must specifically refer to 
this AD.
    (5) Where EASA AD 2020-0186 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (6) Where the service information referred to in EASA AD 2020-
0186 specifies to perform a visual inspection and ``if in doubt'' 
remove the rear and the tail rotor gear box (TGB) fairings to 
perform a detailed inspection and ``carry out'' a dye-penetrant 
inspection, those actions are required by this AD if any crack 
indication (e.g., paint chips, dents, or swelling) is found during 
any inspection done without removing the rear and the TGB fairings.
    (7) Although the service information referenced in EASA AD 2020-
0186 specifies to scrap certain parts, this AD requires removing 
those parts from service instead.

(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) of 
this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
    (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 Kathleen Arrigotti, 
Aviation Safety Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3218; email: kathleen.arrigotti@faa.gov.

(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 2020-0186, 
dated August 20, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0186, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
ADs@easa.europa.eu; 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-
2021-0094.
    (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 
fedreg.legal@nara.gov, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 9, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-04800 Filed 3-4-21; 11:15 am]
BILLING CODE 4910-13-P


