[Federal Register Volume 86, Number 248 (Thursday, December 30, 2021)]
[Rules and Regulations]
[Pages 74353-74356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28340]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / 
Rules and Regulations  

[[Page 74353]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1165; Project Identifier MCAI-2021-01414-R; 
Amendment 39-21893; AD 2022-01-05]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding airworthiness directive (AD) 2021-24-
06, which applied to certain Airbus Helicopters Model EC130T2 
helicopters. AD 2021-24-06 required repetitive visual inspections of 
the rivets on the rear transmission shaft bearing support and of the 
local structure for cracking and missing, loose, or sheared rivets and 
accomplishment of applicable corrective actions. This AD retains those 
requirements and adds repetitive visual inspections of the rivet heads 
on the left-hand and right-hand sides of the rear transmission shaft 
bearing support, revises a corrective action, and adds a reporting 
requirement, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. This AD also revises the 
special flight permit limitation from AD 2021-24-06. This AD was 
prompted by an additional report of loose rivet heads on the outside 
face of the tail boom corner support. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD becomes effective January 14, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 14, 
2022.
    The FAA must receive comments on this AD by February 14, 2022.

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 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 [email protected]; 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 North 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-2021-1165.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1165; 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 street 
address for Docket Operations is listed above.

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 [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued AD 2021-24-06, Amendment 39-21827 (86 FR 66934, 
November 24, 2021) (AD 2021-24-06), for certain Airbus Helicopters 
Model EC130T2 helicopters. AD 2021-24-06 required repetitive visual 
inspections of the rivets on the rear transmission shaft bearing 
support and of the local structure for cracking and missing, loose, or 
sheared rivets and accomplishment of applicable corrective actions. AD 
2021-24-06 was prompted by EASA Emergency AD 2021-0235-E, dated October 
28, 2021 (EASA AD 2021-0235-E), issued by EASA, which is the Technical 
Agent for the Member States of the European Union, to correct an unsafe 
condition for Airbus Helicopters (formerly Eurocopter) Model EC 130 T2 
helicopters, all serial numbers, on which Airbus Helicopters 
Modification 074581 had been embodied in production. EASA advised of a 
report of degradation of the rear transmission shaft bearing support on 
a Model EC 130 T2 helicopter and the determination that all of the 
attachment rivets of the transmission shaft bearing support were 
sheared. EASA also advised that the investigation was on-going to 
identify the root cause of this degradation. This condition, if not 
addressed, could lead to failure of the tail rotor drive shaft and 
subsequent loss of yaw control of the helicopter.

Actions Since AD 2021-24-06 was Issued

    Since the FAA issued AD 2021-24-06, EASA has issued EASA Emergency 
AD 2021-0283-E, dated December 17, 2021 (EASA AD 2021-0283-E), to 
supersede EASA AD 2021-0235-E. EASA advises of an additional report of 
loose rivet heads on the outside face of the tail boom corner support. 
Accordingly, EASA AD 2021-0283-E retains the requirements of EASA AD 
2021-0235-E and also requires repetitive visual inspections of the 
rivet heads on the left-hand and right-hand sides of the rear 
transmission shaft bearing support, revises a corrective action, and 
adds a reporting requirement. EASA considers its AD an interim action 
and states that further AD

[[Page 74354]]

action may follow. See EASA AD 2021-0283-E for additional background 
information.
    The FAA has also determined to revise the special flight permit 
limitation from AD 2021-24-06. This new AD limits special flight 
permits to the inspections required before the ``each first flight of 
the day'' compliance time with no passengers on board. Special flight 
permits are prohibited for any other actions required by this AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0283-E requires repetitive visual inspections of the 
rivets on the rear transmission upper and lower bearing support, the 
local structure, and the rivet heads on the left-hand and right-hand 
sides of the rear transmission shaft bearing support. Depending on the 
results, EASA AD 2021-0283-E requires contacting Airbus Helicopters to 
obtain approved repair instructions and accomplishing those 
instructions, or replacing each affected rivet. EASA AD 2021-0283-E 
also requires reporting inspection findings to Airbus Helicopters.
    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 also reviewed Airbus Helicopters Emergency Alert Service 
Bulletin (EASB) No. 05A039, Revision 0, dated October 27, 2021, and 
EASB No. 05A039, Revision 1, dated December 16, 2021 (EASB 05A039 Rev 
1). This service information specifies procedures for repetitive visual 
inspections of the rear transmission bearing support areas, including 
the frame and skin in the area of the bearing supports. EASB 05A039 Rev 
1 adds repetitive visual inspections of the rivets heads on the left-
hand and right-hand sides of the rear transmission shaft bearing 
support located under the Teflon tape on the tail boom.

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 of the 
unsafe condition described in its AD. 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 helicopters 
of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2021-0283-E, described previously, as IBRed, 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 developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
EASA AD 2021-0283-E will be IBRed in this FAA final rule. This AD 
would, therefore, require compliance with EASA AD 2021-0283-E 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 EASA AD 2021-0283-E 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 EASA AD 2021-0283-E. Service information 
referenced in EASA AD 2021-0283-E for compliance will be available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-1165.

Differences Between This AD and the EASA AD

    EASA AD 2021-0283-E requires inspections after each last flight of 
the day (ALF), whereas this AD requires accomplishing those inspections 
before each first flight of the day. EASA AD 2021-0283-E specifies that 
certain inspections can be done by a mechanical technician, a pilot 
with correct training and accreditation, or a pilot-owner, whereas this 
AD requires those inspections be done by a qualified mechanic. 
Depending on certain inspection results, EASA AD 2021-0283-E specifies 
contacting Airbus Helicopters to obtain approved repair instructions 
and accomplishing those instructions, whereas this AD requires repair 
done 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). 
EASA AD 2021-0283-E requires reporting certain information to Airbus 
Helicopters within 30 days after each rivet replacement, whereas this 
AD requires reporting that information within 10 days after each rivet 
replacement.

Interim Action

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

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. 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.
    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 foregoing notice and comment prior to adoption of this rule 
because sheared attachment rivets of the transmission shaft bearing 
support could lead to failure of the tail rotor drive shaft and 
subsequent loss of yaw control of the helicopter. In addition, the 
compliance time for the required actions are shorter than the time 
necessary for the public to comment and for publication of the final 
rule. Inspections of the rivets on the rear transmission shaft bearing 
support and of the local structure must be continued from AD 2021-24-06 
before each first flight of the day and the initial inspection of the 
rivet heads must be accomplished within 10 hours time-in-service or 
seven days after the effective date of this AD, whichever occurs first. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the 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, 
for the same reasons

[[Page 74355]]

the FAA found good cause to forego notice and comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-1165; Project Identifier MCAI-
2021-01414-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 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 [email protected]. 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

    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 prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects up to 64 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.
    Inspecting the rivets and local structure takes about 0.5 work-hour 
for an estimated cost of about $43 per helicopter and up to $2,752 for 
the U.S. fleet, per inspection cycle. Removing the Teflon tape and 
inspecting the rivet heads takes about 0.5 work-hour for an estimated 
cost of about $43 per helicopter and up to $2,752 for the U.S. fleet, 
per inspection cycle.
    Replacing a rivet takes about 0.5 work-hour and parts cost up to 
$20 for an estimated cost of up to $63 per rivet. The FAA has received 
no definitive data on which to base the cost estimates for other on-
condition repairs specified in this AD. Reporting information takes 
about 1 work-hour for an estimated cost of $85 per instance.

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 currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, 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

    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, 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.

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:
0
a. Removing Airworthiness Directive 2021-24-06, Amendment 39-21827 (86 
FR 66934, November 24, 2021); and
0
b. Adding the following new airworthiness directive:

2022-01-05 Airbus Helicopters: Amendment 39-21893; Docket No. FAA-
2021-1165; Project Identifier MCAI-2021-01414-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 14, 2022.

[[Page 74356]]

(b) Affected ADs

    This AD replaces AD 2021-24-06, Amendment 39-21827 (86 FR 66934, 
November 24, 2021) (AD 2021-24-06).

(c) Applicability

    This AD applies to Airbus Helicopters Model EC130T2 helicopters, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) Emergency AD 2021-0283-E, dated 
December 17, 2021 (EASA AD 2021-0283-E).

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5300, Fuselage 
Structure.

(e) Unsafe Condition

    This AD was prompted by a report of degradation of the rear 
transmission shaft bearing support and the determination that all of 
the attachment rivets of the transmission shaft bearing support were 
sheared. The FAA is issuing this AD to address sheared attachment 
rivets of the transmission shaft bearing support. This condition, if 
not addressed, could lead to failure of the tail rotor drive shaft 
and subsequent 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, EASA AD 2021-0283-E.

(h) Exceptions to EASA AD 2021-0283-E

    (1) Where EASA AD 2021-0283-E refers to November 1, 2021 (the 
effective date of EASA Emergency AD 2021-0235-E, dated October 28, 
2021), this AD requires using December 9, 2021 (the effective date 
of AD 2021-24-06).
    (2) Where EASA AD 2021-0283-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where EASA AD 2021-0283-E requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (4) Where paragraphs (1) and (2) of EASA AD 2021-0283-E require 
accomplishing inspections after each last flight of the day or 
``ALF,'' this AD requires accomplishing those inspections before 
each first flight of the day.
    (5) Where the service information referenced in EASA AD 2021-
0283-E specifies that certain inspections can be done by a 
mechanical technician, a pilot with correct training and 
accreditation, or a pilot-owner, this AD requires that those 
inspections be done by a qualified mechanic.
    (6) Where paragraphs (3) and (4) of EASA AD 2021-0283-E specify 
contacting Airbus Helicopters to obtain approved repair instructions 
and accomplishing those instructions, this AD requires repair done 
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.
    (7) Where paragraph (6) of EASA AD 2021-0283-E requires 
reporting inspection results to Airbus Helicopters within 30 days 
after each rivet replacement, this AD requires reporting inspection 
results at the applicable time in paragraph (h)(7)(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 10 days after each rivet 
replacement.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 10 days after the effective date 
of this AD.
    (8) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0283-E.

(i) Special Flight Permit

    Special flight permits may be permitted to accomplish the 
actions required by paragraphs (1) and (2) of EASA AD 2021-0283-E 
for the before each first flight of the day compliance time only, 
provided that there are no passengers on board. Special flight 
permits are prohibited for any other actions required by this AD.

(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: [email protected].
    (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 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 [email protected].

(l) 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) Emergency AD 
2021-0283-E, dated December 17, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0283-E, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; 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-2021-1165.
    (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 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
 [FR Doc. 2021-28340 Filed 12-27-21; 4:15 pm]
 BILLING CODE 4910-13-P


