DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2396; Project Identifier MCAI-2023-01147-R;
Amendment 39-22641; AD 2023-25-14]
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 superseding Airworthiness Directive (AD) 2022-27-
09, which applied to certain Airbus Helicopters Model EC130T2
helicopters. AD 2022-27-09 required repetitively inspecting the
vibration level on the tail rotor drive shaft and, depending on the
results, taking corrective action. AD 2022-27-09 also required
reporting information and prohibited installing certain rotor drive
shafts unless the inspection was done. Since the FAA issued AD 2022-27-
09, Airbus Helicopters revised its service information to update the
procedures for inspecting that vibration level, reduce an allowable
vibration level, and clarify when a balance correction may be
accomplished. This AD was prompted by the determination that a certain
vibration measurement tool was providing unexpected results and
therefore the threshold must be revised. This AD continues to require
certain actions in AD 2022-27-09 and also revises the procedures for
inspecting the vibration level on the tail rotor drive shaft and
depending on these results, requires replacing certain parts, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective January 12, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 28,
2023.
The FAA must receive comments on this AD by February 12, 2024.

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 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.
Material Incorporated by Reference:
For EASA material identified in this final rule, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu; You may find this material on the
website ad.easa.europa.eu.
You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call (817) 222 5110.
Other Related Service Information:
For Airbus Helicopters service information identified in
this final rule, contact Airbus Helicopters, 2701 North Forum Drive,
Grand Prairie, TX 75052; phone (972) 641-0000 or (800) 232-0323; fax
(972) 641-3775; or at airbus.com/en/products-services/helicopters/hcare-services/
airbusworld. You may also view this service information
at the FAA contact information under Material Incorporated by Reference
above.

Examining the AD Docket

You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2023-2396; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this final rule, the EASA 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: Dan McCully, Aviation Safety Engineer,
FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (404)
474-5548; email william.mccully@faa.gov.

SUPPLEMENTARY INFORMATION:

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-2023-2396; Project Identifier MCAI-
2023-01147-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
regulations.gov, 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 Dan McCully, Aviation
Safety Engineer, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590;
telephone (404) 474-5548; email william.mccully@faa.gov. Any commentary
that the FAA receives that is not specifically designated as CBI will
be placed in the public docket for this rulemaking.

Background

The FAA issued AD 2022-27-09, Amendment 39-22294 (88 FR 2199,
January 13, 2023) (AD 2022-27-09), for certain Airbus Helicopters Model
EC130T2 helicopters. AD 2022-01-05 was prompted by EASA Emergency AD
2022-0251-E, dated December 14, 2022 (EASA AD 2022-0251-E), originated
by EASA, which is the Technical Agent for the Member States of the
European Union. EASA AD 2022-0251-E was issued to correct an unsafe
condition on Airbus Helicopters Model EC 130 T2 helicopters with
modification 079809 incorporated in production. AD 2022-27-09 required
repetitively inspecting the balancing of the tail rotor drive shaft by
measuring the vibration level. Depending on the results, AD 2022-27-09
required accomplishing corrective action in accordance with a method
approved by the FAA, EASA, or Airbus Helicopters' EASA Design
Organization Approval, and reporting the results to Airbus Helicopters.
Lastly, AD 2022-27-09 prohibited installing certain part-numbered tail
rotor drive shafts on any helicopter unless its requirements were met.
The FAA issued AD 2022-27-09 to address an excessive vibration level on
the tail rotor drive shaft, which could result in failure of the tail
rotor drive shaft and subsequent loss of yaw control of the helicopter.

Actions Since AD 2022-27-09 Was Issued

Since the FAA issued AD 2022-27-09, EASA superseded EASA AD 2022-
0251-E by issuing EASA Emergency AD 2023-0190-E, dated November 2, 2023
(EASA AD 2023-0190-E), to correct an unsafe condition on Airbus
Helicopters Model EC 130 T2 helicopters with modification 079809
incorporated in production. EASA AD 2023-0190-E states that it was
identified that one of the vibration measurement tools was providing
different results than expected and therefore it was determined that
the threshold must be revised. Consequently, Airbus Helicopter revised
its service information to provide updated vibration inspection
instructions, reduce an allowable vibration level, and clarify when a
balance correction may be accomplished. Accordingly, EASA AD 2023-0190-
E retains the requirements of EASA AD 2022-0251-E and depending on the
results of the updated vibration inspection, requires replacing certain
parts with new (zero total hours time-in-service) parts. Additionally,
EASA AD 2023-0190-E prohibits performing a balance correction unless it
is performed concurrently with replacement of certain parts by
following certain procedures. However, if a balance correction has
already been performed independent of replacing the sliding flange and
the splined sleeve equipped, EASA AD 2023-0190-E requires contacting
Airbus Helicopter for further approved instructions. EASA considers its
AD an interim action and states that further AD action may follow. See
EASA AD 2023-0190-E for additional background information.
Additionally, the FAA discovered that an incorrect U.S. fleet count
was provided in the Costs of Compliance section of AD 2022-27-09. This
AD corrects that count.

Related Service Information Under 1 CFR Part 51

EASA AD 2023-0190-E requires repetitively checking the balancing of
the tail rotor drive shaft by measuring the vibration level. Depending
on the results, EASA AD 2023-0190-E requires replacing certain parts
with new parts. EASA AD 2023-0190-E also prohibits performing a balance
correction unless this action is performed concurrently with replacing
certain parts. If a balance correction has already been performed
independently of replacing those parts, EASA AD 2023-0190-E requires
contacting Airbus Helicopters to obtain approved instructions and
accomplishing those instructions. EASA AD 2023-0190-E also requires
reporting the vibration measurements to Airbus Helicopters. Lastly,
EASA AD 2023-0190-E prohibits installing certain part-numbered tail
rotor drive shafts on any helicopter unless its requirements are met.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Other Related Service Information

The FAA reviewed Airbus Helicopters Emergency Alert Service
Bulletin No. EC130-05A042, Revision 1, dated November 2, 2023 (EASB
EC130-05A042 Rev 1). This service information specifies procedures for
measuring the vibration level on the tail rotor drive shaft, reporting
the results to Airbus Helicopters, and replacing the sliding flange and
the splined sleeve equipped.
The FAA also reviewed AMM Task 65-11-01,5-1A, Adjustment--Balancing
of the tail rotor drive line (with the STEADY Control tuning
equipment)--Tail Drive Line POST MOD 079809 and AMM Task 65-11-01,5-1B,
Adjustment--Balancing of the tail rotor drive shaft (with the VIBREX
2000 adjustment equipment)--Tail Drive Line POST MOD 079809, both
Update 2 and dated July 3, 2022. This service information specifies
procedures for measuring the vibration level on the tail rotor drive
shaft, analyzing the results, and balancing the tail rotor drive line
or shaft.

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 emergency AD. 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
helicopters of the same type design.

AD Requirements

This AD retains certain requirements of AD 2022-27-09. This AD also
requires accomplishing the actions specified in EASA AD 2023-0190-E,
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
EASA Emergency AD.''
EASA AD 2023-0190-E refers to EASB EC130-05A042 Rev 1, for
compliance times to replace the spline sleeve equipped and sliding
flange. This AD requires those compliance times, as incorporated by
reference, and are as follows:

Explanation of Required Compliance Information

In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2023-0190-E will be incorporated by reference in this FAA final
rule. This AD would, therefore, require compliance with EASA AD 2023-
0190-E 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 EASA AD 2023-0190-E 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 EASA AD 2023-0190-E. Service information
referenced in EASA AD 2023-0190-E for compliance will be available at
regulations.gov by searching for and locating Docket No. FAA-2023-2396
after the FAA final rule is published.

Differences Between This AD and the EASA Emergency AD

EASA AD 2023-0190-E requires tail rotor drive shaft checks, whereas
this AD requires tail rotor drive shaft inspections because those
actions must be accomplished by persons authorized under 14 CFR 43.3.
For helicopters that accomplished a balance correction in
accordance with the instructions of the applicable AMM before the
effective date of EASA AD 2023-0190-E, except if this balance
correction was accomplished before next flight after replacing the
sliding flange and the splined sleeve equipped, EASA AD 2023-0190-E
requires contacting AH [Airbus Helicopters] to obtain approved
instructions, and within the compliance time(s) specified therein,
accomplishing those instructions accordingly. Whereas, for helicopters
that accomplished a balance correction in accordance with the
instructions of the applicable AMM before the effective date of this
AD, except not those that only accomplished a balance correction before
the next flight after installing a new (zero total hours time-in-
service) sliding flange and a new (zero total hours time-in-service)
splined sleeve equipped, this AD requires corrective action
accomplished in accordance with a method approved by the FAA, EASA, or
Airbus Helicopters' EASA Design Organization Approval.
EASA AD 2023-0190-E requires reporting information to AH [Airbus
Helicopters], whereas this AD does not.
EASA AD 2023-0190-E allows credit for the initial instance of the
vibration measurements accomplished before its effective date, whereas
this AD allows credit for any instance of the vibration measurements
accomplished before the effective date of this AD.
EASA AD 2023-0190-E prohibits performing a balance correction,
except if it is accomplished as part of its requirements. This AD does
not, because such a compliance time would be difficult to enforce.

Interim Action

The FAA considers this AD interim action. 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 providing notice and seeking
comment prior to issuance. Further, 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 foregoing notice and comment prior to adoption of this rule
because the tail rotor drive shaft is critical to the control of a
helicopter and a failure of the tail rotor drive shaft could occur
during any phase of flight without previous indication. The FAA also
has no information pertaining to how quickly the condition may
propagate to failure. In light of this and, depending how many hours
the helicopter has accumulated, for some operators the initial
inspection must be accomplished before further flight. For other
operators, the initial inspection must be accomplished before
accumulating 50 total hours time-in-service or within three months,
whichever occurs first, which 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 and contrary to the 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,
for the same reasons the FAA found good cause to forgo notice and
comment.

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 prior notice and
comment, RFA analysis is not required.

Costs of Compliance

The FAA estimates that this AD affects 117 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
Inspecting the tail rotor drive shaft takes approximately 4 work-
hours for an estimated cost of $340 per helicopter and $39,780 for the
U.S. fleet, per inspection cycle.
If required, replacing the sliding flange and the splined sleeve
equipped takes approximately 40 work-hours and parts cost $3,420 for an
estimated cost of $6,820, per replacement cycle.
For helicopters that accomplished a balance correction in
accordance with the instructions of the applicable AMM before the
effective date of this AD, except not those that only accomplished a
balance correction before the next flight after installing a new (zero
total hours time-in-service) sliding flange and a new (zero total hours
time-in-service) splined sleeve equipped, the corrective action that
may be needed could vary significantly from helicopter to helicopter.
The FAA has no data to determine the costs to accomplish the corrective
action or the number of helicopters that may require corrective action.

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

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.

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:

a. Removing Airworthiness Directive 2022-27-09, Amendment 39-22294 (88
FR 2199, January 13, 2023); and

b. Adding the following new airworthiness directive: