Airworthiness Directives; Airbus Helicopters, 13165-13168 [2021-04800]
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Rules and Regulations
(f) Alternative Methods of Compliance
(AMOC)
DEPARTMENT OF TRANSPORTATION
(1) The Manager, Los Angeles ACO Branch,
FAA, may approve AMOCs for this AD. Send
your proposal to: Danny Nguyen, Aerospace
Engineer, Los Angeles ACO Branch, FAA,
3960 Paramount Blvd., Lakewood, California
90712; telephone 562–627–5247; email 9ANM-LAACO-AMOC-REQUESTS@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, the FAA suggests
that you 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.
Federal Aviation Administration
(g) Related Information
SUMMARY:
For service information identified in this
AD, contact Robinson Helicopter Company,
2901 Airport Drive, Torrance, CA 90505;
telephone 310–539–0508; fax 310–539–5198;
or at https://www.robinsonheli.com. You may
view a copy of the service information at the
FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177.
(h) 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 the AD specifies otherwise.
(i) Robinson KI–235 R66 TRDS Forward
Yoke Assembly and Hanger Installation Kit
Instructions, Revision A, dated June 23, 2015.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Robinson Helicopter
Company, 2901 Airport Drive, Torrance, CA
90505; telephone 310–539–0508; fax 310–
539–5198; or at https://
www.robinsonheli.com.
(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.
(i) Subject
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Joint Aircraft Service Component (JASC)
Code: 6510, Tail Rotor Drive Shaft.
Issued on February 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–03656 Filed 3–5–21; 8:45 am]
BILLING CODE 4910–13–P
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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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
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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
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
PO 00000
13165
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
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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 righthand 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.
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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
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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.
required within 55 hours time-inservice, 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.
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.
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.
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
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
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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
13167
Costs of Compliance
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.
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
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
7 work-hour × $85 per hour = $595 ............................................................................................
$0
$595
$386,750
Labor cost
Parts cost
Cost per
product
8 work-hours × $85 per hour = $680 ......................................................................................................................
$7,300
$7,980
ESTIMATED COSTS FOR OPTIONAL ACTIONS
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
Action
Labor cost
Replacement .................................................................
4 work-hours × $85 per hour = $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.
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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:
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 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.
PO 00000
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$17,052
Cost per
product
$17,392
(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.
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
Parts cost
(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.
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(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.
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(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-AIR730-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.
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(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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2020–0941; Airspace
Docket No. 20–ASO–24]
RIN 2120–AA66
Amendment and Cancellation of VOR
Federal Airways V–49 and V–541 in the
Vicinity of Decatur, AL
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action modifies VHF
Omni-directional Range Federal airway
SUMMARY:
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V–541 and removes V–49, in the
vicinity of Decatur, AL. This action is
necessary due to the planned
decommissioning of the Decatur, AL,
VOR/Distance Measuring Equipment
(DME) navigation aid, which provides
navigation guidance for segments of the
routes. This will provide for the safe
and efficient use of navigable airspace
within the National Airspace System
(NAS) while reducing NAVAID
dependencies throughout the NAS as
part of the FAA VOR Minimum
Operation Network program.
DATES: Effective date 0901 UTC, August
12, 2021. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.11 and publication of
conforming amendments.
ADDRESSES: FAA Order 7400.11E,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Rules and Regulations Group,
Federal Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email:
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Sean Hook, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
modify the VOR Federal airway route
structure in the eastern United States to
maintain the efficient flow of air traffic.
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[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 [email protected]; 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: [email protected].
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:
[email protected]. Any commentary that the FAA receives that
is not specifically
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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
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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: [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 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: [email protected].
(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
[email protected]; 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
[email protected], 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]
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