[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Rules and Regulations]
[Pages 11781-11783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03606]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1490; Project Identifier MCAI-2022-01177-R; 
Amendment 39-22338; AD 2023-03-13]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters Model AS355E, AS355F, AS355F1, AS355F2, and AS355N 
helicopters. This AD was prompted by a report of a partially broken 
tail rotor drive fan support (fan support) and a completely broken fan 
support. This AD requires repetitively inspecting certain part-numbered 
fan supports (affected parts), and depending on the results, removing 
an affected part from service and replacing it with a serviceable part, 
which constitutes a terminating action for the repetitive inspections. 
This AD also requires replacing affected parts with serviceable parts 
unless already accomplished and prohibits installing an affected part 
on any helicopter, as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 31, 2023.

[[Page 11782]]

    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 31, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1490; 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, any comments received, and other 
information. The address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA material that is incorporated by reference in 
this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 8999 000; email [email protected]; internet 
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 at 
regulations.gov under Docket No. FAA-2022-1490.
    Other Related Service Information: 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 airbus.com/helicopters/services/technical-support.html. This service information 
is also available at the FAA contact information under Material 
Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Jared Hyman, Aerospace Engineer, 
Boston ACO Branch, Compliance & Airworthiness Division, FAA, 1200 
District Avenue, Burlington, Massachusetts 01803; telephone (781) 238-
7799; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued a series of EASA ADs with the most recent 
being EASA AD 2022-0180, dated August 29, 2022 (EASA AD 2022-0180), to 
correct an unsafe condition for Airbus Helicopters Model AS 355 E, AS 
355 F, AS 355 F1, AS 355 F2, and AS 355 N helicopters, all serial 
numbers.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Airbus Helicopters 
Model AS355E, AS355F, AS355F1, AS355F2, and AS355N helicopters. The 
NPRM published in the Federal Register on December 5, 2022 (87 FR 
74330). The NPRM was prompted by a report of a partially broken right-
hand side (RH) fan support and a completely broken left-hand side (LH) 
fan support found during scheduled maintenance on a Model AS355 
helicopter. The NPRM proposed to require repetitively inspecting 
certain part-numbered fan supports, and depending on the results, 
removing an affected part from service and replacing it with a 
serviceable part, which constitutes a terminating action for the 
repetitive inspections. The NPRM also proposed to require replacing 
affected parts with serviceable parts unless already accomplished and 
prohibit installing an affected part on any helicopter, as specified in 
EASA AD 2022-0180.
    You may examine EASA AD 2022-0180 in the AD docket at 
regulations.gov under Docket No. FAA-2022-1490.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA about the 
unsafe condition described in its AD. The FAA reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters. Except for minor editorial changes, 
this AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0180 requires repetitively inspecting certain part-
numbered RH and LH fan supports for a crack and broken leg and, if 
there is any crack or broken leg, replacing the affected fan support 
with a serviceable fan support. If the replacement is not required as a 
result of the inspection, EASA AD 2022-0180 requires the replacement at 
a longer compliance time. EASA AD 2022-0180 also states that the 
replacement constitutes terminating action for the repetitive 
inspections and prohibits installing an affected part on any 
helicopter.
    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 Alert Service Bulletin No. 
AS355-05.00.88, Revision 1, dated July 20, 2022. This service 
information specifies procedures for inspecting the RH and LH fan 
supports for a crack and failure (broken leg), replacing an affected 
part with a serviceable part, and performing a balancing of the tail 
rotor drive shaft.

Differences Between This AD and the EASA AD

    EASA AD 2022-0180 requires replacing each affected part with a 
serviceable part if any crack or broken leg is found during any 
required inspection or if the replacement was not previously performed 
as a result of an inspection, whereas this AD requires removing each 
affected part from service and replacing with a serviceable part if any 
crack or broken leg is found during any required inspection or if the 
replacement was not previously performed as a result of an inspection.

Costs of Compliance

    The FAA estimates that this AD affects 31 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.
    Visually inspecting a fan support for a crack and broken leg takes 
about 1 work-hour for an estimated cost of $170 per helicopter (2 fan 
supports per helicopter) per inspection cycle and up to $5,270 for the 
U.S. fleet per inspection cycle.
    Replacing a fan support takes about 8 work-hours and parts cost 
about $600 for an estimated cost of $1,280 per replacement and up to 
$39,680 for the U.S. fleet.

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

[[Page 11783]]

that section, Congress charges the FAA with promoting safe flight of 
civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2023-03-13 Airbus Helicopters: Amendment 39-22338; Docket No. FAA-
2022-1490; Project Identifier MCAI-2022-01177-R.

(a) Effective Date

    This airworthiness directive (AD) is effective March 31, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS355E, AS355F, 
AS355F1, AS355F2, and AS355N helicopters, all serial numbers, 
certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of a partially broken right-
hand side tail rotor drive fan support (fan support) and a 
completely broken left-hand side fan support. The FAA is issuing 
this AD to detect a cracked or broken fan support leg. The unsafe 
condition, if not addressed, could result in loss of main gearbox 
and engine oil cooling function, loss of tail rotor drive, and 
subsequent loss of control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency AD 2022-0180, 
dated August 29, 2022 (EASA AD 2022-0180).

(h) Exceptions to EASA AD 2022-0180

    (1) Where EASA AD 2022-0180 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2022-0180 refers to the effective dates 
specified in paragraphs (h)(2)(i) and (ii) of this AD, this AD 
requires using the effective date of this AD.
    (i) May 3, 2022 (the effective date of EASA AD 2022-0069, dated 
April 19, 2022).
    (ii) The effective date of EASA AD 2022-0180.
    (3) Where paragraphs (2) and (3) of EASA AD 2022-0180 specify 
``replacing each affected part with a serviceable part,'' for this 
AD, replace that text with ``removing each affected part from 
service and replacing it with a serviceable part.''
    (4) Where the service information referenced in EASA AD 2022-
0180 specifies to use tooling, this AD allows the use of equivalent 
tooling.
    (5) Where the service information referenced in EASA AD 2022-
0180 specifies to discard parts, this AD requires removing those 
parts from service.
    (6) This AD does not adopt the Remarks paragraph of EASA AD 
2022-0180.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0180 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits are prohibited.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (l) of 
this AD. Information may be emailed to: [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.

(l) Related Information

    For more information about this AD, contact Jared Hyman, 
Aerospace Engineer, Boston ACO Branch, Compliance & Airworthiness 
Division, FAA, 1200 District Avenue, Burlington, Massachusetts 
01803; telephone (781) 238-7799; email [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0180, 
dated August 29, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0180, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet easa.europa.eu. You may find the EASA 
material on the EASA website at 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.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 7, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-03606 Filed 2-23-23; 8:45 am]
BILLING CODE 4910-13-P


