DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1506; Project Identifier MCAI-2023-00784-R;
Amendment 39-22512; AD 2023-13-51]
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) 2022-19-08
which applied to all Airbus Helicopters Model SA341G and SA342J
helicopters. AD 2022-19-08 was prompted by a report of manufacturing
defects on multiple tail rotor blades (TRBs) and required visually
inspecting certain part-numbered TRBs for the presence of a linear
indication, and, depending on the inspection results, fluorescent
penetrant inspecting the TRB and further corrective actions if
necessary. AD 2022-19-08 also prohibited installing an affected TRB
unless certain requirements had been met. This AD was prompted by the
determination that parts that have accumulated more than 500 flight
hours (FH) since new are also affected by the unsafe condition. In
addition, the defined compliance time for the visual inspection of the
root area of each affected part was determined to be too strict. This
AD retains certain requirements of AD 2022-19-08, includes all TRBs in
the inspection requirements, and increases a compliance time as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA previously sent this AD as an
emergency AD to all known U.S. owners and operators of these
helicopters. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective August 8, 2023. Emergency AD 2023-13-51,
issued on June 27, 2023, which contained the requirements of this
amendment, was effective with actual notice.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 8,
2023.
The FAA must receive comments on this AD by September 7, 2023.

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 incorporated by reference in this final
rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email ADs@easa.europa.eu; internet
easa.europa.eu. You may find the EASA material on the EASA website at
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. Service information that is
incorporated by reference is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1506.
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; telephone (972) 641-
0000 or (800) 232-0323; fax (972) 641-3775; or at airbus.com/helicopters/
services/technical-support.html. 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 under Docket No.
FAA-2023-1506; 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 Avenue, 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-2023-1506; Project Identifier MCAI-
2023-00784-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
Avenue, 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 2022-19-08, Amendment 39-22177 (87 FR 56865,
September 16, 2022) (AD 2022-19-08), for Airbus Helicopters Model
SA341G and SA342J helicopters. AD 2022-19-08 was prompted by a report
of manufacturing defects on TRBs. AD 2022-19-08 required visually
inspecting certain part-numbered TRBs for the presence of a linear
indication; and depending on the inspection results, fluorescent
penetrant inspecting the TRB and further corrective actions if
necessary. AD 2022-19-08 also prohibited installing an affected TRB
unless certain requirements had been met, as specified in EASA
Emergency AD 2022-0169-E, dated August 12, 2022 (EASA AD 2022-0169-E).
The FAA issued AD 2022-19-08 to detect linear indications on a TRB
which could result in an in-flight TRB loss, unbalance or damage to the
tail or other parts of the helicopter, and subsequent loss of control
of the helicopter.
EASA, which is the Technical Agent for the Member States of the
European Union, issued EASA AD 2022-0169-E to correct an unsafe
condition for Airbus Helicopters Model SA 341 G and SA 342 J (Gazelle)
helicopters, all serial numbers. EASA advised that an additional sample
of TRBs from different manufacturing batches were visually inspected
and further analysis revealed visual linear indications on
approximately 75% of the TRBs inspected. EASA further advised that the
visual linear indications were positioned at the aerofoil connection
radius and perpendicular to the grain flow direction. EASA advised that
follow-up dye penetrant inspections confirmed up to 20% of the TRBs
were found to be affected and have a high risk for crack propagation.
Additionally, EASA advised that the investigation of the root cause of
the unsafe condition was still on-going; therefore EASA considered EASA
AD 2022-0169-E an immediate protective measure and stated that further
action may follow.

Actions Since AD 2022-19-08 Was Issued

Since the FAA issued AD 2022-19-08, EASA superseded EASA AD 2022-
0169-E with EASA Emergency AD 2023-0128-E, dated June 26, 2023 (EASA AD
2023-0128-E). EASA advises that after EASA AD 2022-0169-E was issued,
it was determined that affected parts that have accumulated more than
500 FH since new are also affected. In addition, the defined compliance
time for the visual inspection of the root area of each affected part
was determined to be too strict. Consequently, Airbus Helicopters
revised its service information accordingly. Superseding EASA AD 2023-
0128-E retains most of the requirements of EASA AD 2022-0169-E, adds an
inspection of affected parts that accumulated more than 500 FH since
new, and amends the compliance time for the visual inspection of
affected parts. Additionally, EASA advises that EASA AD 2023-0128-E is
(still) considered an interim measure and that further AD action may
follow. See EASA AD 2023-0128-E for additional background information.

Related Service Information Under 1 CFR Part 51

EASA AD 2023-0128-E requires, before any cleaning of the TRB, using
a lamp (1000 lux) to visually inspect the root area of each affected
TRB for the presence of any linear indication; and cleaning certain
areas of each TRB and repeating the visual inspection of the TRB for a
linear indication. Depending on the inspection results, EASA AD 2023-
0128-E requires performing a dye penetrant inspection of the root area
of a TRB, and if a linear indication is detected, replacing the
affected TRB with a serviceable part. Finally, EASA AD 2023-0128-E
prohibits installing an affected TRB on any helicopter after its
effective date.
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 (EASB) No. SA341-65.71 for Model SA341G helicopters and non
FAA-type certificated military Model SA341B, C, D, E, F, and H
helicopters; and EASB No. SA342-65.71 for Model SA342J helicopters and
non FAA-type certified military Model SA342K, L, L1, M, M1, and MA
helicopters, each Revision 2 and dated June 19, 2023 (co-published as
one document). This service information specifies procedures for
visually checking the TRB for presence of a linear indication; cleaning
the TRB with a lint free rag and solvent and repeating the visual
check; performing a fluorescent penetrant inspection if a linear
indication is detected; removing and replacing any affected TRB if
necessary; and recording compliance with the service information.

FAA's Determination

These helicopters 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, its technical representative,
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 requires accomplishing the actions specified in EASA AD
2023-0128-E, described previously, which is 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 EASA AD 2023-0128-E.''

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 2023-0128-E is incorporated by reference in this FAA final
rule. This AD, therefore, requires compliance with EASA AD 2023-0128-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 2023-0128-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 EASA AD 2023-0128-E. Service information
referenced in EASA AD 2023-0128-E for compliance will be available at
regulations.gov under Docket No. FAA-2023-1506.

Differences Between This AD and EASA AD 2023-0128-E

Although EASA AD 2023-0128-E does not define the phrase ``a linear
indication,'' service information referenced in EASA AD 2023-0128-E
defines this phrase as an indication for which the longest dimension is
at least three times longer than the smallest one. This AD defines a
linear indication as any linear indication perpendicular to the grain
direction of the blade that is detected regardless of size. Where EASA
AD 2023-0128-E requires performing a dye penetrant inspection, this AD
requires a fluorescent penetrant inspection performed by a Level II or
Level III inspector certified in the FAA-acceptable standards for
nondestructive inspection personnel.

Interim Action

The FAA considers this AD to be interim action.

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 required the immediate adoption of
Emergency AD 2023-13-51, issued on June 27, 2023, to all known U.S.
owners and operators of these helicopters. The FAA found that the risk
to the flying public justified waiving notice and comment prior to
adoption of this rule because the affected part is critical to the
control of a helicopter. In addition, failure of an affected part can
cause the part to depart from the helicopter, thereby causing damage to
the helicopter and subsequent loss of control of the helicopter. Also,
the FAA has no information pertaining to how quickly the condition may
propagate to failure. Investigation is still on-going to determine the
root cause of the defect and the number of parts affected by the same
condition. In light of this, the initial visual inspection must be
accomplished within 10 hours time-in-service. These conditions still
exist, therefore, 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 forego 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 22 helicopters of U.S.
Registry. There may be up to 13 affected TRBs per helicopter. Labor
rates are estimated at $85 per work-hour. Based on these numbers, the
FAA estimates the following costs to comply with this AD.
Visually inspecting one TRB for presence of a linear indication
takes about 1 work-hour for an estimated cost of $85 per inspection.
Visually inspecting each additional TRB takes about 0.1 work-hour for
an estimated cost of $9 per inspection. The cost for inspecting each
helicopter may be up to $193 and the cost for the U.S. fleet may be up
to $4,246.
If required, fluorescent penetrant inspecting a TRB for the
presence of a linear indication takes about 2 work-hours for an
estimated cost of $170 per inspection.
If required, removing an affected TRB and replacing it with a
serviceable TRB takes about 2 work-hours and parts cost about $3,630
for an estimated cost of $3,800 per replacement. Removing each
additional affected TRB and replacing it with a serviceable TRB takes
about an additional 0.5 work-hour and parts cost about $3,630 for an
estimated cost of $3,673 for each additional replacement.

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, 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 2022-19-08, Amendment 39-22177 (87
FR 56865, September 16, 2022); and

b. Adding the following new airworthiness directive: