[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Proposed Rules]
[Pages 26857-26861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10353]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0369; Project Identifier 2019-SW-033-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 26858]]


ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, 
AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP 
helicopters. This proposed AD was prompted by a report of reduced yaw 
control, during an approach for landing, that resulted from rupture of 
the tail rotor gearbox (TGB) actuating rod and uncoupling of the steel 
sleeve from inside the external aluminum tube. This proposed AD would 
require dye penetrant inspecting certain TGB actuating rods for a 
crack, and depending on the inspection results, replacing the TGB 
actuating rod, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is proposed for incorporation by reference (IBR). This 
proposed AD would also require marking each TGB actuating rod, 
reporting information, and, for certain helicopters, ensuring the 
correct interface between certain TGB actuating rods and bearings. The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by July 2, 
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 that is proposed for 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-2021-0369.

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-
0369; 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 NPRM, 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, Program Manager, 
Large Aircraft Section, International Validation Branch, Compliance & 
Airworthiness Division, FAA, 2200 South 216th St., Des Moines, WA 
98198; telephone and fax (206) 231-3218; email 
kathleen.arrigotti@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0369; Project Identifier 
2019-SW-033-AD'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 proposal.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Kathleen Arrigotti, Program Manager, Large Aircraft Section, 
International Validation Branch, Compliance & Airworthiness Division, 
FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 
(206) 231-3218; email kathleen.arrigotti@faa.gov. Any commentary that 
the FAA receives that is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0060, dated March 20, 2019 
(EASA AD 2019-0060) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus Helicopters Model AS 350 B, AS 350 BA, AS 350 BB, AS 350 
B1, AS 350 B2, AS 350 B3, AS 350 D, AS 355 E, AS 355 F, AS 355 F1, AS 
355 F2, AS 355 N and AS 355 NP helicopters. Model AS 350 BB helicopters 
are not certificated by the FAA and are not included on the U.S. type 
certificate data sheet; this proposed AD therefore does not include 
those helicopters in the applicability. Although EASA AD 2019-0060 
applies to all helicopters identified in EASA AD 2019-0060, this 
proposed AD applies to helicopters with an affected part installed 
instead.
    This proposed AD was prompted by a report of reduced yaw control, 
during an approach for landing of an AS 350 helicopter, that resulted 
from rupture of the TGB actuating rod and uncoupling of the steel 
sleeve from inside the external aluminum tube. Model AS355E, AS355F, 
AS355F1, AS355F2, AS355N, and AS355NP helicopters are affected due to 
design similarity of installed TGB actuating rods. The FAA is proposing 
this AD to address failure of a TGB actuating rod, which could result 
in loss of yaw control of the helicopter. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0060 describes procedures for dye penetrant inspecting 
certain TGB actuating rods for a crack, and depending on the inspection 
results, replacing the TGB actuating rod. EASA AD 2019-0060 also 
describes procedures for marking each TGB actuating rod, reporting 
information,

[[Page 26859]]

and for certain helicopters, ensuring the correct interface between 
certain TGB actuating rods and bearings.
    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 and Requirements of This Proposed AD

    These products have been approved by the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to the 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 proposing this AD after evaluating all the 
relevant information and determining the unsafe condition described 
previously is likely to exist or develop in other products of these 
same type designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0060, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed 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 (CAAs) to use this process. As a result, EASA AD 2019-0060 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0060 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed 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 2019-0060 that is required for compliance with EASA AD 2019-
0060 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0369 after the FAA 
final rule is published.

Differences Between This Proposed AD and the MCAI

    EASA AD 2019-0060 specifies ``AS350 SB [service bulletin] No. 67.10 
Revision 1'' and ``AS355 SB No. 67.09 Revision 2'' as Airbus 
Helicopters (AH) service bulletins; however this proposed AD identifies 
those service bulletins as Aerospatiale service bulletins.
    EASA AD 2019-0060 specifies the date for ``AS355 SB No. 67.09 
Revision 2,'' as ``March 28, 1989;'' however, this proposed AD 
identifies the date as ``October 1989.''

Part Marking Clarification

    Where paragraph (2) of EASA AD 2019-0060 specifies ``mark each 
affected part (all rods, regardless of the status with respect to the 
dye penetrant inspection),'' this proposed AD would require marking TGB 
actuating rods identified in paragraphs (c)(1) through (9) of this 
proposed AD regardless of their manufacturing date. The manufacturing 
dates in Table 1 of EASA AD 2019-0060 are used only to indicate the 
parts on which the dye penetrant inspection specified in paragraph (1) 
of EASA AD 2019-0060 is done; the manufacturing dates do not impact the 
parts on which the marking specified in paragraph (2) of EASA AD 2019-
006 must be done.

Interim Action

    The FAA considers this proposed AD interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD affects 950 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed 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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6 work-hours x $85 per hour = $510...........................              $0             $510         $484,500
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* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 hour per product to 
comply with the proposed reporting requirement in this proposed AD. The 
average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting the inspection results on U.S. 
operators to be $80,750, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
helicopters that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost               Parts cost       Cost per product
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Up to 16 work-hours X $85 per             $2,590  Up to $3,950.
 hour = $1,360.
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid

[[Page 26860]]

OMB control number. The control number for the collection of 
information required by this proposed AD is 2120-0056. The paperwork 
cost associated with this proposed AD has been detailed in the Costs of 
Compliance section of this document and includes time for reviewing 
instructions, as well as completing and reviewing the collection of 
information. Therefore, all reporting associated with this proposed AD 
is mandatory. Comments concerning the accuracy of this burden and 
suggestions for reducing the burden should be directed to Information 
Collection Clearance Officer, Federal Aviation Administration, 10101 
Hillwood Parkway, Fort Worth, TX 76177-1524.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed 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 proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Airbus Helicopters: Docket No. FAA-2021-0369; Project Identifier 
2019-SW-033-AD.

(a) Comments Due Date

    The FAA must receive comments by July 2, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS350B, AS350BA, 
AS350B1, AS350B2, AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2, 
AS355N, and AS355NP helicopters, certificated in any category, with 
a tail rotor gearbox (TGB) actuating rod identified in paragraphs 
(c)(1) through (9) of this AD installed.
    (1) Part number (P/N) 350A27191000;
    (2) P/N 350A27191001;
    (3) P/N 350A27191002;
    (4) P/N 350A27191003;
    (5) P/N 350A27191004;
    (6) P/N 350A2719100401;
    (7) P/N 350A2719100402;
    (8) P/N 350A27192000; or
    (9) A TGB actuating rod with an unknown part number and serial 
number.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6720, Tail Rotor 
Control System.

(e) Reason

    This AD was prompted by a report of reduced yaw control, during 
an approach for landing, that resulted from rupture of the TGB 
actuating rod and uncoupling of the steel sleeve from inside the 
external aluminum tube. The FAA is issuing this AD to address 
failure of a TGB actuating rod, which 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 
2019-0060, dated March 20, 2019 (EASA AD 2019-0060).

(h) Exceptions to EASA AD 2019-0060

    (1) Where EASA AD 2019-0060 refers to January 3, 2019 (the 
effective date of EASA AD 2018-0287, dated December 20, 2018), or 
its effective date, this AD requires using the effective date of 
this AD.
    (2) Where EASA AD 2019-0060 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (3) Where paragraph (2) of EASA AD 2019-0060 specifies to mark 
TGB actuating rods, replace the language in paragraph (2) of EASA AD 
2019-0060 that states ``the instructions of section 3 of the 
applicable ASB [alert service bulletin],'' with the applicable 
language specified in paragraphs (h)(3)(i) and (ii) of this AD.
    (i) For P/N 350A2719100402 and parts not included in table 1 of 
EASA AD 2019-0060: ``the instructions for `If only paragraph 
3.B.2.a. was complied with' of paragraph 3.C. of the Accomplishment 
Instructions of the applicable ASB.''
    (ii) For parts included in table 1 of EASA AD 2019-0060: ``the 
instructions for `If paragraph 3.B.2.b. or paragraph 3.B.5. was 
complied with' of paragraph 3.C. of the Accomplishment Instructions 
of the applicable ASB.''
    (4) Where paragraph (2) of EASA AD 2019-0060 specifies ``mark 
each affected part (all rods, regardless of the status with respect 
to the dye penetrant inspection), and each TGB rod having P/N 
350A2719100402,'' for this AD, mark the parts identified in 
paragraphs (c)(1) through (9) of this AD.''
    (5) Where EASA AD 2019-0060 specifies ``AH [Airbus Helicopters] 
AS350 SB [service bulletin] No. 67.10 Revision 1'' and ``AH AS355 SB 
No. 67.09 Revision 2,'' replace the text ``AH'' with 
``Aerospatiale.''
    (6) Where the ``Ref. Publications'' section of EASA AD 2019-0060 
specifies the date for ``AS355 SB No. 67.09 Revision 2,'' replace 
the text ``28 March 1989'' with ``October 1989.''
    (7) Although service information referenced in EASA AD 2019-0060 
specifies to keep parts, this AD does not include that requirement.
    (8) Paragraph (7) of EASA AD 2019-0060 specifies to report 
inspection results to Airbus Helicopters within a certain compliance 
time. For this AD, report inspection results at the applicable time 
specified in paragraph (h)(8)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.
    (9) For the purposes of this AD, ``CW,'' which is stated in 
Table 1 of EASA AD 2019-0060, is defined as calendar week.
    (10) The ``Remarks'' section of EASA AD 2019-0060 does not apply 
to this AD.

[[Page 26861]]

(i) 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: Manager, International Validation Branch, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110. 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.

(j) Related Information

    (1) For EASA AD 2019-0060, 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. 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. 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-2021-0369.
    (2) For more information about this AD, contact Kathleen 
Arrigotti, Program Manager, Large Aircraft Section, International 
Validation Branch, Compliance & Airworthiness Division, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax (206) 231-
3218; email kathleen.arrigotti@faa.gov.

    Issued on May 11, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-10353 Filed 5-17-21; 8:45 am]
BILLING CODE 4910-13-P


