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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0455; Product Identifier 2019-SW-105-AD; Amendment
39-21130; AD 2020-11-05]
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 EC120B helicopters. This AD was prompted by a
report of recurrent loss of tightening torque on several attachment
bolts of the tail rotor hub body. This AD requires repetitive
inspections of the tail rotor hub body for cracks and applicable
corrective actions if necessary, and repetitive replacement of the
attachment bolts, washers, and nuts of the tail rotor hub body. The FAA
is issuing this AD to address the unsafe condition on these products.
DATES: This AD becomes effective June 8, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 8,
2020.
The FAA must receive comments on this AD by July 6, 2020.
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, 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 https://www.airbus.com/helicopters/services/technical-support.html.
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. It is also available on the internet at https://www.regulations.
gov by searching for and locating Docket No. FAA-2020-0455.
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-2020-
0455; 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: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email Kathleen.Arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0272R1, dated November 18, 2019
(referred to after this as the Mandatory Continuing Airworthiness
Information or ``the MCAI''), to correct an unsafe condition for all
Airbus Helicopters EC120B helicopters. EASA advises that an inspection
of the tail rotor hub body revealed a recurring loss of tightening
torque on several attachment bolts. EASA advises that this condition,
if not detected and corrected, could lead to cracking and potential
loss of the tail rotor drive and consequent loss of yaw control of the
helicopter. The MCAI requires repetitive inspections of the tail rotor
hub body for cracks and applicable corrective actions if necessary, as
well as repetitive replacement of the associated attachment bolts,
washers, and nuts.
You may examine the MCAI in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0455.
Related Service Information Under 1 CFR Part 51
Airbus Helicopters has issued Emergency Alert Service Bulletin
05A020, Revision 1, dated November 8, 2019. This service information
describes procedures for repetitive inspections of the tail rotor hub
body for cracks and applicable corrective actions if necessary, and
repetitive replacement of the attachment bolts, washers, and nuts of
the tail rotor hub body. Corrective actions include replacing the tail
rotor hub body and associated bolts, washers, and nuts, and an
inspection of the splined flange and the tail rotor hub body, and, if
necessary, replacing the splined flange.
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.
Other Related Service Information
Airbus Helicopters has issued Emergency Alert Service Bulletin
05A020, Revision 0, dated October 29, 2019. The actions specified in
this service bulletin are the same as those specified in Airbus
Helicopters Emergency Alert Service Bulletin 05A020, Revision 1, dated
November 8, 2019. However, Airbus Helicopters Emergency Alert Service
Bulletin 05A020, Revision 1, dated November 8, 2019, revised the
compliance time for repetitive inspections of the tail rotor hub body
for cracks from within every 15 hours time-in-service (TIS) but not to
exceed 7 days, to within every 15 hours TIS.
Airbus has issued ``Detailed Check--Splined Flange,'' Task 64-21-
00, 6-5, Airbus Aircraft Maintenance Manual (AMM), Version B, dated
April 7, 2014. This service information describes inspection criteria
and inspection areas for a detailed check of the tail rotor splined
flange.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is 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
and service information referenced above. The FAA is issuing this AD
after evaluating all pertinent information and determining the unsafe
condition exists and is likely to exist or develop on other products of
the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in the service
information described previously, except as discussed under
``Differences Between this AD and the MCAI or Service Information.''
Differences Between This AD and the MCAI
Where Note 1 of the MCAI allows a non-cumulative tolerance of 100
hours TIS to be applied to the compliance times for the initial
replacement of bolts, washers, and nuts (Table 1 of the MCAI) to allow
for synchronization of the required inspections with other maintenance
tasks, this AD does not allow a non-cumulative tolerance of 100 hours
TIS to be applied to the compliance times for the initial replacement
of bolts, washers, and nuts (Figure 3 to paragraph (j) of this AD).
FAA's 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.) 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. Similarly, Section 553(d) of the APA authorizes agencies to
make rules effective in less than thirty days, upon a finding of good
cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because recurrent loss of tightening torque on several tail rotor hub
body attachment bolts could lead to cracking and potential loss of the
tail rotor drive and consequent loss of yaw control of the helicopter.
The FAA determined a compliance time of 15 hours TIS or 7 days,
whichever occurs first, is required to correct the unsafe condition.
This compliance time is shorter than the time necessary for the public
to comment and for publication of the final rule.
Accordingly, notice and opportunity for prior public comment are
impracticable 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
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. However, the FAA invites you to send any written
relevant data, views, or arguments about this AD. Send your comments to
an address listed under the ADDRESSES section. Include ``Docket No.
FAA-2020-0455; Product Identifier 2019-SW-105-AD'' at the beginning of
your comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this AD. The
FAA will consider all comments received by the closing date and may
amend this AD based on those comments.
The FAA will post all comments received, without change, to https://www.
regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this AD.
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
The FAA estimates that this AD affects 90 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
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Cost per
product
|
Cost on
U.S. operators
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| 1 work-hour x $85 per hour =
$85 |
$0
|
$85
|
$7,650
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The FAA has received no definitive
data that would enable it to
provide cost estimates for the on-condition actions specified in this
AD.
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 above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866 and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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