AD 2016-23-05

[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Rules and Regulations]
[Pages 85126-85129]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2016-27638]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9396; Directorate Identifier 2016-SW-034-AD; 
Amendment 39-18712; AD 2016-23-05]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters (Previously 
Eurocopter France) Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2007-25-08 for 
Eurocopter France (now Airbus Helicopters) Model SA-365N1, AS-365N2, AS 
365 N3, SA-366G1, EC 155B, and EC155B1 helicopters. AD 2007-25-08 
required checking the tail rotor gearbox (TGB) oil, inspecting the 
magnetic plug, and either replacing the TGB or performing additional 
inspections. This AD was prompted by reports of new occurrences of loss 
of yaw control due to failure of the control rod bearing. This AD 
requires checking the TGB oil level and replacing the bearing with a 
new part-numbered bearing. These actions are intended to detect and 
prevent damage to the bearing resulting in end play, loss of tail rotor 
pitch control, and subsequent loss of control of the helicopter.

DATES: This AD becomes effective December 12, 2016.
    We must receive comments on this AD by January 24, 2017.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
    <bullet> Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
9396; or in person at the Docket Operations Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the European Aviation Safety Agency (EASA) AD, the 
economic evaluation, any comments received, and other information. The

[[Page 85127]]

street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.
    For service information identified in this final rule, contact 
Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX 75052; 
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at 
<a href="http://www.airbushelicopters.com/techpub">http://www.airbushelicopters.com/techpub</a>. You may view this referenced 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, Texas 
76177.

FOR FURTHER INFORMATION CONTACT: David Hatfield, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5116; email 
<a href="/cdn-cgi/l/email-protection#8ce8edfae5e8a2e4edf8eae5e9e0e8cceaededa2ebe3fa"><span class="__cf_email__" data-cfemail="533732253a377d3b3227353a363f37133532327d343c25">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, we 
invite you to participate in this rulemaking by submitting written 
comments, data, or views. We also invite comments relating to the 
economic, environmental, energy, or federalism impacts that resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit them only one time. We will file in the docket all comments that 
we receive, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    On November 27, 2007, we issued AD 2007-25-08, Amendment 39-15290 
(72 FR 69604, December 10, 2007) for Eurocopter France (now Airbus 
Helicopters) Model SA-365 N1, AS-365 N2, AS 365 N3, SA-366G1, EC 155B, 
and EC155B1 helicopters. AD 2007-25-08 required repetitively checking 
the TGB oil level to ensure it is at the maximum level. AD 2007-25-08 
also required repetitively inspecting the magnetic plug for chips, and 
depending on the quantity of chips found, either replacing the TGB or 
further inspecting for axial play in the spider. If axial play is found 
in the spider, AD 2007-25-08 required replacing the bearing. AD 2007-
25-08 was prompted by AD No. 2006-0258R1-E, dated August 29, 2006, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union, as well as the finding that metal chips were not 
detected on the magnetic plug due to insufficient oil flow because the 
oil in the TGB was being maintained at the minimum level. The actions 
of AD 2007-25-08 were intended to detect metal chips on the magnetic 
plug and to prevent damage to the bearing resulting in end play, loss 
of tail rotor pitch control, and subsequent loss of control of the 
helicopter.

Actions Since AD 2007-25-08 Was Issued

    After we issued AD 2007-25-08, we received reports of new 
occurrences of loss of yaw control due to failure of the control rod 
bearing and EASA superseded AD No. 2006-0258R1-E with several ADs, 
including AD No. 2012-0170R2, dated June 20, 2014, to correct an unsafe 
condition for these model helicopters. Therefore, we issued a notice of 
proposed rulemaking (NPRM) to amend 14 CFR part 39 by removing AD 2007-
25-08 and adding a new AD. The NPRM published in the Federal Register 
on September 2, 2015 (80 FR 53024). The NPRM proposed to retain the 
pilot checks of the TGB oil level and the magnetic plug inspections of 
AD 2007-25-08. The NPRM also proposed to revise the inspections for 
play in the double bearing to improve the detection of play, require 
replacing the TGB control shaft guide bushes, clarify the criteria 
concerning particle detection, and change the inspection for play in 
the double bearing after the guide bushes have been replaced.
    On May 23, 2016, EASA issued Emergency AD No. 2016-0097-E, which 
superseded AD No. 2012 0170R2. EASA Emergency AD No. 2016-0097-E was 
subsequently revised by EASA AD No. 2016-0097R1, dated May 25, 2016, to 
correct a paragraph reference. EASA AD No. 2016-0097R1 advises that 
after AD No. 2012-0170R2 was issued, a technical investigation of an AS 
365 N3 accident revealed a damaged TGB bearing. EASA further states 
that the affected control rod had been repetitively inspected as 
required by EASA AD 2012-0170R2, and that the investigation is still 
ongoing to determine the root cause of the damage and why the damage 
was not discovered during previous inspections. EASA AD No. 2016-0097R1 
requires repetitive inspections of the TGB oil level and magnetic chip 
detector. EASA AD No. 2016-0097R1 also requires replacing bearing part 
number (P/N) 704A33-651-093 or P/N 704A33-651-104, with an improved 
bearing, P/N 704A33-651-245 or 704A33-651-246, which is terminating 
action for the repetitive inspections of the magnetic chip detector but 
not of the oil level. The EASA AD also describes an alternative 
repetitive inspection for play that would defer replacing the bearing 
for an additional 110 hours TIS. Lastly, the EASA AD requires that 
helicopters with an improved bearing P/N 704A33-651-245 or 704A33-651-
246 (identified as post-modification 07 65B57 configuration) replace 
the bearing at intervals not to exceed 500 hours TIS.
    In light of EASA AD No. 2016-0097R1 and the corrective actions 
required by this final rule, we are issuing a separate action to 
withdraw the NPRM (80 FR 53024, September 2, 2015).

FAA's Determination

    These helicopters have been approved by the aviation authority of 
France and are approved for operation in the United States. Pursuant to 
our bilateral agreement with France, EASA, its technical 
representative, has notified us of the unsafe condition described in 
its AD. We are issuing this AD because we evaluated all known relevant 
information and determined that an unsafe condition is likely to exist 
or develop on other products of the same type design.

Related Service Information

    We reviewed Airbus Helicopters Alert Service Bulletin (ASB) No. 
AS365-01.00.67, Revision 0, dated May 4, 2016, for FAA type-
certificated Model SA-365N1, AS-365N2, and AS 365 N3 helicopters and 
for non-FAA type-certificated Model AS365F, Fi, and K helicopters; ASB 
No. EC155-04A014, Revision 0, dated May 4, 2016, for FAA type-
certificated Model EC 155B and EC155B1 helicopters; and ASB No. SA366-
01.29, Revision 0, dated May 4, 2016, for FAA type-certificated Model 
SA-366G1 and non-FAA type-certificated Model SA-366GA helicopters. Each 
ASB describes procedures for ensuring the TGB oil level is at maximum 
capacity; reducing the inspection interval for the TGB magnetic plug 
pending initial replacement of the bearing; removing the control rod 
assembly to inspect the bearing; and periodically replacing the 
bearing.

[[Page 85128]]

AD Requirements

    This AD applies to the affected model helicopters with bearing P/N 
704A33-651-093 or P/N 704A33-651-104 and requires:
    <bullet> Checking the TGB oil level at specified intervals. An 
owner/operator (pilot) may perform this visual check and must enter 
compliance into the helicopter maintenance records in accordance with 
14 CFR 43.9(a)(1) through (4) and 91.417(a)(2)(v). A pilot may perform 
this check because it involves only a visual check for the oil level in 
the TGB and can be performed equally well by a pilot or a mechanic. 
This check is an exception to our standard maintenance regulations.
    <bullet> Replacing the bearing part number (P/N) 704A33-651-093 or 
P/N 704A33-651-104 with a bearing, P/N 704A33-651-245 or 704A33-651-
246.
    This AD also prohibits installing bearing P/N 704A33-651-093 or P/N 
704A33-651-104 on any helicopter.

Differences Between This AD and the EASA AD

    The EASA AD requires replacing bearing P/N 704A33-651-093 and P/N 
704A33-651-104 that have 335 or more hours TIS within 15 hours TIS; 
this AD requires replacing these bearings within 15 hours TIS 
regardless of the amount of time the bearing has accumulated. The EASA 
AD requires a repetitive TGB magnetic chip detector inspection, while 
this AD does not. The EASA AD allows an alternative repetitive 
inspection for play to defer replacing the bearing for an additional 
110 hours TIS, while this AD does not. Lastly, the EASA AD requires 
replacing the improved bearing at intervals of 500 hours TIS; an AD for 
this action is not necessary because it is specified in the 
manufacturer's Instructions for Continued Airworthiness, and therefore 
mandated by other regulatory requirements.

Costs of Compliance

    We estimate that this AD affects 43 helicopters of U.S. Registry. 
We estimate that operators may incur the following costs in order to 
comply with this AD. At an average labor rate of $85, checking the TGB 
oil level will require about 0.5 work-hour, for a cost per helicopter 
of $43 and a total cost of $1,849 for the fleet, per inspection cycle. 
Replacing the bearing will require 16 work-hours and parts costing 
$1,125, for a total cost of $2,485 per helicopter and $106,855 for the 
fleet.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD requirements would delay implementing the safety actions 
needed to correct this known unsafe condition. Therefore, we find that 
the risk to the flying public justifies waiving notice and comment 
prior to the adoption of this rule because the initial inspections 
required by this AD must be accomplished before further flight, and the 
bearings must be replaced within 15 hours TIS, a very short interval 
for these model helicopters.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and that good 
cause exists for making this amendment effective in less than 30 days.

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.
    We are 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

    We determined that 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;
    2. Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. 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.
    We prepared an economic evaluation of the estimated costs to comply 
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 removing Airworthiness Directive (AD) 
2007-25-08, Amendment 39-15290 (72 FR 69604, December 10, 2007), and 
adding the following new airworthiness directive (AD):

2016-23-05 Airbus Helicopters (Previously Eurocopter France): 
Amendment 39-18712; Docket No. FAA-2016-9396; Directorate Identifier 
2016-SW-034-AD.

(a) Applicability

    This AD applies to Model SA-365N1, AS-365N2, AS 365 N3, SA-
366G1, EC 155B, and EC155B1 helicopters with a tail rotor gearbox 
(TGB) pitch control rod assembly double bearing (bearing) part 
number (P/N) 704A33-651-093 or P/N 704A33-651-104 installed, 
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as damage to the bearing, 
which could result in end play, loss of tail rotor pitch control, 
and subsequent loss of control of the helicopter.

 (c) Affected ADs

    This AD supersedes AD 2007-25-08, Amendment 39-15290 (72 FR 
69604, December 10, 2007).

 (d) Effective Date

    This AD becomes effective December 12, 2016.

 (e) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

[[Page 85129]]

 (f) Required Actions

    (1) Before further flight and thereafter at the following 
intervals, check the TGB oil level:
    (i) For Model SA-365N1, AS-365N2, and AS 365 N3 helicopters, at 
intervals not to exceed 10 hours time-in-service (TIS).
    (ii) For Model SA366G1 helicopters, before the first flight of 
each day.
    (iii) For Model EC 155B and EC155B1 helicopters, at intervals 
not to exceed 15 hours TIS.
    (iv) The actions required by paragraph (f)(1) of this AD may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records 
showing compliance with this AD in accordance with 14 CFR 43.9 
(a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record must be 
maintained as required by 14 CFR 91.417, 121.380, or 135.439.
    (2) If the oil level is not at maximum, before further flight, a 
qualified mechanic must fill it to the maximum level.
    (3) Within 15 hours TIS, replace the bearing P/N 704A33-651-093 
or P/N 704A33-651-104 with a bearing P/N 704A33-651-245 or P/N 
704A33-651-246.
    (4) Do not install bearing P/N 704A33-651-093 or P/N 704A33-651-
104 on any helicopter.

 (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: David Hatfield, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-
5116; email <a href="/cdn-cgi/l/email-protection#20190d6173770d6674770d616d6f630d7245515545535453604641410e474f56"><span class="__cf_email__" data-cfemail="596074180a0e741f0d0e741814161a740b3c282c3c2a2d2a193f3838773e362f">[email&#160;protected]</span></a>.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest 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.

 (h) Additional Information

    (1) Airbus Helicopters Alert Service Bulletin No. AS365-
01.00.67, No. EC155-04A014, and No. SA366-01.29, each Revision 0 and 
dated May 4, 2016, which are not incorporated by reference, contain 
additional information about the subject of this final rule. For 
service information identified in this AD, contact Airbus 
Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone 
(972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at <a href="http://www.airbushelicopters.com/techpub">http://www.airbushelicopters.com/techpub</a>. You may review 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.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2016-0097R1, dated May 25, 2016. You may 
view the EASA AD on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by 
searching for and locating it in Docket No. FAA-2016-9396.

 (i) Subject

    Joint Aircraft Service Component (JASC) Code: 6520 Tail Rotor 
Gearbox.

    Issued in Fort Worth, Texas, on November 2, 2016.
Lance T. Gant,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-27638 Filed 11-23-16; 8:45 am]
 BILLING CODE 4910-13-P