AD 2021-08-17

[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Rules and Regulations]
[Pages 22109-22111]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-08568]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0300; Project Identifier MCAI-2020-01077-R; 
Amendment 39-21511; AD 2021-08-17]
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 
Airbus Helicopters Model AS332L2 helicopters. This AD was prompted by 
the discovery of a main gearbox (MGB) with worn ramps and broken roller 
cages. This AD requires installing a placard on the pilot instrument 
panel and replacing certain MGBs. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD becomes effective May 12, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of May 12, 2021.
    The FAA must receive comments on this AD by June 11, 2021.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to <a href="https://www.regulations.gov">https://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.
    For service information identified in this final rule, 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="https://www.airbus.com/helicopters/services/technical-support.html">https://www.airbus.com/helicopters/services/technical-support.html</a>. You may 
view the referenced service information at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, 
Fort Worth, TX 76177. It is also available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0300.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0300; 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, the European Union Aviation Safety Agency (EASA) AD, any 
service information that is incorporated by reference, 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: Rao Edupuganti, Aerospace Engineer, 
Dynamic Systems Section, Technical Innovation Policy Branch, Policy & 
Innovation Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone 817-222-5110; email <a href="/cdn-cgi/l/email-protection#b0c2d1df9ed5d4c5c0c5d7d1dec4d9f0d6d1d19ed7dfc6"><span class="__cf_email__" data-cfemail="bbc9dad495dedfcecbcedcdad5cfd2fbdddada95dcd4cd">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, issued EASA AD 2020-0141R1, dated July 30, 2020 (EASA 
AD 2020-0141R1) to correct an unsafe condition for Airbus Helicopters 
(formerly Eurocopter France, Aerospatiale) Model AS 332 L2 helicopters. 
EASA AD 2020-0141R1 advises that, during an overhaul of a Model EC 225 
LP helicopter with an MGB part number (P/N) 332A323001.XX equipped with 
main reduction gear module P/N 332A323011.XX in post-modification (mod) 
07-53016 configuration, where XX represents any number, wear was 
detected on ramps and roller cages. Mod 07-53016 corresponds to free 
wheel shaft P/N 332A322191.20. EASA states that an investigation is 
currently ongoing to determine the root cause of the occurrence and 
that Model AS 332 L2 helicopters could be affected by the same failure 
mechanism due to design similarity. According to EASA, this condition, 
if not corrected, could lead to reduced capacity to transfer one engine 
inoperative (OEI) power by the right engine following an in-flight shut 
down of the left engine, resulting in reduced control of the 
helicopter.
    EASA further states that Airbus Helicopters issued service 
information to provide instructions to introduce operational 
restrictions regarding training flights involving OEI and replacement 
of the affected MGB in order to allow Airbus Helicopters to accomplish 
a one-time wear inspection of the free wheel shaft. Consequently, EASA 
issued an AD to require an operational limitation for OEI training 
flights by installing placards and to require replacing the MGB if it 
has a right free wheel shaft P/N 332A322191.20. EASA revised its 
original AD and issued EASA AD 2020-0141R1 after Airbus Helicopters 
issued a change to its service information to clarify the wording of 
the operational limitation in the placard. EASA states that EASA AD 
2020-0141R1 is considered an interim action and that further AD action 
may follow.

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 
because the agency has determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design.

[[Page 22110]]

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Alert Service Bulletin AS332-
01.00.95, Revision 1, dated July 29, 2020, which specifies procedures 
to create and install a placard to prohibit the use of the ENG1 
``TRAINING IDLE'' switch in flight. This service information also 
specifies removing the MGB, sending it to the manufacturer, and 
replacing it with a serviceable MGB.
    This service information 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.

AD Requirements

    This AD applies to Model AS332L2 helicopters with a certain MGB 
installed and requires within 50 hours time-in-service (TIS), 
installing a placard on the instrument panel to prohibit use of the 
ENG1 ``TRAINING IDLE'' switch. The placard may be removed if the MGB is 
replaced with a MGB that does not have a certain free wheel shaft 
installed. This AD also requires replacing the MGB with an airworthy 
MGB before it accumulates 1,000 hours TIS or within 50 hours TIS after 
the effective date of the AD, whichever occurs later.
    This AD also prohibits installing certain MGBs unless the free 
wheel shaft has accumulated less than 1,000 total hours TIS.

Differences Between This AD and the EASA AD

    The EASA AD requires reporting information to Airbus Helicopters 
and sending an affected MGB to Airbus Helicopters or an approved repair 
center, whereas this AD does not.

Interim Action

    The FAA considers this AD to be an interim action. The 
investigation to determine the root cause of this unsafe condition is 
on-going. 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 seeking comment prior to the 
rulemaking. Further, section 553(d) of the APA authorizes agencies to 
make rules effective in less than thirty days, upon a finding of good 
cause.
    There are no helicopters with this type certificate on the U.S. 
Registry and thus, it is unlikely that the FAA will receive any adverse 
comments or useful information about this AD from U.S. operators. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
reasons stated above, 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 data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0300; Project Identifier MCAI-
2020-01077-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 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 Rao 
Edupuganti, Aerospace Engineer, Dynamic Systems Section, Technical 
Innovation Policy Branch, Policy & Innovation Division, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email 
<a href="/cdn-cgi/l/email-protection#6113000e4f040514111406000f1508210700004f060e17"><span class="__cf_email__" data-cfemail="196b7876377c7d6c696c7e78776d70597f7878377e766f">[email&#160;protected]</span></a>. Any commentary that the FAA receives which 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 notice and comment, 
RFA analysis is not required.

Costs of Compliance

    There are no costs of compliance with this AD because there are no 
helicopters of this type certificate on the U.S. Registry.

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 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.

[[Page 22111]]

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:

2021-08-17 Airbus Helicopters: Amendment 39-21511; Docket No. FAA-
2021-0300; Project Identifier MCAI-2020-01077-R.

(a) Effective Date

    This airworthiness directive (AD) is effective May 12, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS332L2 helicopters 
with main gearbox (MGB) part number (P/N) 332A323001.XX with a main 
reduction gear module (module) P/N 332A323011.XX that has free wheel 
shaft P/N 332A322191.20 installed, where ``XX'' stands for any two 
digit dash number, certificated in any category.

    Note 1 to paragraph (c):  Free wheel shaft P/N 332A322191.20 is 
also referred to as modification 07-53016.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6320, Main Rotor 
Gearbox.

(e) Unsafe Condition

    This AD defines the unsafe condition as wear on the ramps and 
roller cages of the MGB free wheel shaft. This condition could 
result in reduced one engine inoperative (OEI) power from by the 
right engine following an in-flight shut-down of the left engine, 
resulting in reduced control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless accomplished previously.

(g) Required Actions

    (1) Within 50 hours time-in-service (TIS) after the effective 
date of this AD, install a placard on the instrument panel 
prohibiting use of the ENG1 ``TRAINING IDLE'' switch in accordance 
with Figure 3 of Airbus Helicopters Alert Service Bulletin AS332-
01.00.95, Revision 1, dated July 29, 2020.
    (2) Replace the MGB with an airworthy MGB at the following 
compliance time:
    (i) If the free wheel shaft has accumulated less than 950 total 
hours TIS, before the free wheel shaft accumulates 1,000 total hours 
TIS; or
    (ii) If the free wheel shaft has accumulated 950 or more total 
hours TIS, within 50 hours TIS after the effective date of this AD.
    (3) As of the effective date of this AD, do not install a right 
free wheel shaft P/N 332A322191.20 on any helicopter unless the free 
wheel shaft has accumulated less than 1,000 total hours TIS.
    (4) If you replace the MGB with a MGB that does not have free 
wheel shaft P/N 332A322191.20 installed, you may remove the placard 
required by paragraph (g)(1) of this AD.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, 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. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#6d54402c3b3e402c243f405a5e5d402c20222e2d0b0c0c430a021b"><span class="__cf_email__" data-cfemail="8ab3a7cbdcd9a7cbc3d8a7bdb9baa7cbc7c5c9caecebeba4ede5fc">[email&#160;protected]</span></a>.
    (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.

(i) Related Information

    (1) For more information about this AD, contact Rao Edupuganti, 
Aviation Safety Engineer, Dynamic Systems Section, Technical 
Innovation Policy Branch, Policy & Innovation Division, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email 
<a href="/cdn-cgi/l/email-protection#0f7d6e60216a6b7a7f7a686e617b664f696e6e21686079"><span class="__cf_email__" data-cfemail="95e7f4fabbf0f1e0e5e0f2f4fbe1fcd5f3f4f4bbf2fae3">[email&#160;protected]</span></a>.
    (2) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2020-0141R1, dated July 30, 2020. 
You may view the EASA AD on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating it in Docket No. 
FAA-2021-0300.

(j) 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 the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin AS332-01.00.95, 
Revision 1, dated July 29, 2020.
    (ii) [Reserved]
    (3) 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="https://www.airbus.com/helicopters/services/technical-support.html">https://www.airbus.com/helicopters/services/technical-support.html</a>.
    (4) You may view this service information at 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 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 <a href="/cdn-cgi/l/email-protection#533536372136347d3f3634323f133d3221327d343c25"><span class="__cf_email__" data-cfemail="8ceae9e8fee9eba2e0e9ebede0cce2edfeeda2ebe3fa">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on April 8, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-08568 Filed 4-26-21; 8:45 am]
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