Published 2023-07-24 · Federal Register document 2023-15714
Airworthiness Directives; Airbus Helicopters
Publication 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.
Why this record is shown
Source: Federal Register annual FAA metadata. Acquired 2026-09-03T22:24:14.395624+00:00. The title, summary and date are source facts.
- Source revision
- federal_register_ad_metadata_2023-81e907e5105d0f2c
- Source row
- results[208]
- Raw source SHA-256
- 81e907e5105d0f2c522e15b6fa8c7277117367b7f70b363862619549836b75e8
Final-rule publication
Recorded publication clauses
- AD identifier printed in this edition
- 2023-13-51
- Effective date printed in this edition
- Unknown
Read 14 complete recorded clauses
Effective Date
(a) Effective Date
The FAA issued emergency Airworthiness Directive (AD) 2023-13-51
on June 27, 2023 directly to affected owners and operators. As
[[Page 47354]]
a result of such actual notice, the emergency AD was effective for
those owners and operators on the date it was provided. This AD
contains the same requirements as that emergency AD and, for those
who did not receive actual notice, is effective on August 8, 2023.
Exact source excerpt. Text positions 20812–21251, end exclusive, in the original decoded publication. SHA-256: b5a918a9aa1610c41fb9e355ae67a56599251df360fa56cf206a61ca958b94e8
Affected ADs
(b) Affected ADs
This AD replaces AD 2022-19-08, Amendment 39-22177 (87 FR 56865,
September 16, 2022) (AD 2022-19-08).
Exact source excerpt. Text positions 21251–21377, end exclusive, in the original decoded publication. SHA-256: e263c5ea7c2f63142d749f96eea8675af1eb68aa333e8100551b2fbb1e47adf9
Applicability wording · Applicability
(c) Applicability
This AD applies to all Airbus Helicopters Model SA341G and
SA342J helicopters, certificated in any category.
Exact source excerpt. Text positions 21377–21511, end exclusive, in the original decoded publication. SHA-256: c1e8b2b7d0e15da9b0ea1ca688ab942f66898c1c6f96754d02ce1269abb0a954
Subject
(d) Subject
Joint Aircraft System Component (JASC) Code: 6410, Tail Rotor
Blades.
Exact source excerpt. Text positions 21511–21600, end exclusive, in the original decoded publication. SHA-256: bfb95757ccc14d751b84aec9f2d7118e430c9218879adf094a86793148dbf152
Unsafe Condition
(e) Unsafe Condition
This AD was prompted by a report of manufacturing defects on
multiple tail rotor blades (TRBs) and a subsequent determination
that TRBs that have accumulated 500 or more hours time-in-service
(TIS), and which were not included in AD 2022-19-08, are also
affected by the unsafe condition and must perform the required
corrective actions. The FAA is issuing this AD to detect linear
indications on a TRB. The unsafe condition, if not addressed, 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.
Exact source excerpt. Text positions 21600–22234, end exclusive, in the original decoded publication. SHA-256: 322e73d184f3591bf5c2069e2ceb9ad3cbb51761214252f9b86b8b57a990104a
Compliance
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
Exact source excerpt. Text positions 22234–22336, end exclusive, in the original decoded publication. SHA-256: 00fbfa31932483f627d0ce0a11cbd2e35e15d9231842b91ac85623ce533912d3
Requirements
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency Emergency AD
2023-0128-E, dated June 26, 2023 (EASA AD 2023-0128-E).
Exact source excerpt. Text positions 22336–22619, end exclusive, in the original decoded publication. SHA-256: a8f7f074707767b0df678203fff86fa0ee083b0b0d17dda531c68c9f436bdb3e
Exceptions to EASA AD 2023-0128-E
(h) Exceptions to EASA AD 2023-0128-E
(1) Where EASA AD 2023-0128-E requires compliance in terms of
flight hours, this AD requires using hours TIS.
(2) Where EASA AD 2023-0128-E refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where EASA AD 2023-0128-E refers to the effective date of
EASA AD 2022-0169-E (dated August 12, 2022), this AD requires using
October 3, 2022 (the effective date of AD 2022-19-08).
(4) Where paragraph (2) of EASA AD 2023-0128-E states, ``linear
indication,'' for the purposes of this AD, a linear indication is
any linear indication perpendicular to the grain direction of the
blade that is detected regardless of size.
(5) Where paragraph (2) of EASA AD 2023-0128-E states to
``accomplish a dye penetrant inspection of the root area of that
discrepant part in accordance with the instructions of the ASB,''
for this AD replace that text with ``perform a fluorescent penetrant
inspection (FPI) of the root area of each affected part that has any
linear indication (perpendicular to the grain direction of the blade
and regardless of size), in accordance with the Accomplishment
Instructions, paragraph 3.B.3. of the ASB. This FPI must be
accomplished by a Level II or Level III inspector certified in the
FAA-acceptable standards for nondestructive inspection personnel.''
Note 1 to paragraph (h)(5): Advisory Circular 65-31B contains
examples of FAA-acceptable Level II and Level III qualification
standards criteria for inspection personnel doing nondestructive
test inspections.
(6) Where paragraph (3) of EASA AD 2023-0128-E specifies to
replace any affected part having a confirmed linear indication with
a serviceable part; instead, for this AD, if as a result of the
action required by paragraph (2) of EASA AD 2023-0128-E, there is
any linear indication (perpendicular to the grain direction of the
blade and regardless of size), before further flight, remove the
affected TRB from service and replace it with a serviceable part as
defined in EASA AD 2023-0128-E.
(7) Where the service information referenced in EASA AD 2023-
0128-E specifies to discard the TRB if a linear indication is
detected, this AD requires, before further flight, removing that
part from service.
(8) Where the service information referenced in EASA AD 2023-
0128-E specifies to use tooling, this AD allows the use of
equivalent tooling.
(9) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0128-E.
Exact source excerpt. Text positions 22619–25155, end exclusive, in the original decoded publication. SHA-256: 4c1421d6a418b70c0ddb93557a260702267e9778a8d2e577492e716a0270200b
No Reporting Requirement
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-
0128-E specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
Exact source excerpt. Text positions 25155–25363, end exclusive, in the original decoded publication. SHA-256: db8a1bd5fc8a45565e18f1068630af9ee4d1a3d6b0d4ac0dec5d381d38a4066b
Credit for Previous Actions
(j) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using AD 2022-19-08.
Exact source excerpt. Text positions 25363–25574, end exclusive, in the original decoded publication. SHA-256: c7910d7f76ca95877124cad287665c2226a10473fd71d9ef06165fc0b2431ea1
Special Flight Permits
(k) Special Flight Permits
A special flight permit may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
visual inspection or FPI can be performed, provided no passengers
are onboard. Special flight permits are prohibited if a linear
indication has been detected by an FPI or a visible crack has been
detected on a TRB.
Exact source excerpt. Text positions 25574–25959, end exclusive, in the original decoded publication. SHA-256: 6cf9c0bed8752514e5905c60593a7ecf026ef144e04891ff2af07f218e13cc00
Alternative Methods of Compliance (AMOCs)
(l) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, 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. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (m) of
this AD. Information may be emailed to: [email protected].
(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.
Exact source excerpt. Text positions 25959–26749, end exclusive, in the original decoded publication. SHA-256: efb96afb1438769daae4c73b451fbced2c0337572c6afa38576547bc45f837ad
Related Information
(m) Related Information
For more information about this AD, contact Dan McCully,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone (404) 474-5548; email
[email protected].
Exact source excerpt. Text positions 26749–26973, end exclusive, in the original decoded publication. SHA-256: fa4c0128dd91f1e96f5ef05d708487e7eb47c8cc8760dffd5ff6215289b03319
Material Incorporated by Reference
(n) 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 this AD specifies otherwise.
(i) European Union Aviation Safety Agency Emergency AD 2023-
0128-E, dated June 26, 2023 (EASA AD 2023-0128-E).
(ii) [Reserved]
(3) For EASA AD 2023-0128-E, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find the EASA
material on the EASA website at ad.easa.europa.eu.
(4) 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. For information on the availability of
this material at the FAA, call (817) 222-5110. This material may be
found in the AD docket at regulations.gov under Docket No. FAA-2023-
1506.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Exact source excerpt. Text positions 26973–28353, end exclusive, in the original decoded publication. SHA-256: 1c9961c41b16a4cf411a026261f4ccc70c1aceb82fcb263871f754a4483fff0d
Explicit historical replacement wording
Find all recorded historical references to AD 2023-13-51 · 0 printed reference observations in this pinned collection.
These are observations from one dated publication. Current legal status is unknown; aircraft applicability, installed configuration, compliance and burden require separate evidence. Missing or unparsed conditions remain unknown.
Why these observations are shown
They were extracted offline from the same immutable official HTML source as the complete recorded text. The dated source wording, original text coordinates and exact quote digests are retained. PDF/text agreement and current regulatory effect have not been qualified.
Observation revision: whole-ad-publication-clause-observations-1.0.1. Text SHA-256: f93180e1da231c4099731d9136a150cacbe40caa6de6e859e945b10529a1ee8b. Source manifest: c21f7b01858c881f1f0d9238f2a2ee9ab1bbfbfc320f169d15973cd71ffab6a8.
Official source · 2023-07-24
Publication text
This is the complete recorded text of this dated publication.
Current legal effect is unknown. Aircraft applicability, installed configuration and compliance require separate evidence. PDF/text agreement has not been evaluated.
Read the complete official publication text
[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Rules and Regulations]
[Pages 47351-47354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15714]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Rules
and Regulations
[[Page 47351]]
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.
-----------------------------------------------------------------------
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:
<bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> 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:
<bullet> 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 [email protected]; internet
easa.europa.eu. You may find the EASA material on the EASA website at
ad.easa.europa.eu.
<bullet> 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 [email protected].
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
[[Page 47352]]
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
[email protected]. 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
[[Page 47353]]
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
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:
0
a. Removing Airworthiness Directive 2022-19-08, Amendment 39-22177 (87
FR 56865, September 16, 2022); and
0
b. Adding the following new airworthiness directive:
2023-13-51 Airbus Helicopters: Amendment 39-22512; Docket No. FAA-
2023-1506; Project Identifier MCAI-2023-00784-R.
(a) Effective Date
The FAA issued emergency Airworthiness Directive (AD) 2023-13-51
on June 27, 2023 directly to affected owners and operators. As
[[Page 47354]]
a result of such actual notice, the emergency AD was effective for
those owners and operators on the date it was provided. This AD
contains the same requirements as that emergency AD and, for those
who did not receive actual notice, is effective on August 8, 2023.
(b) Affected ADs
This AD replaces AD 2022-19-08, Amendment 39-22177 (87 FR 56865,
September 16, 2022) (AD 2022-19-08).
(c) Applicability
This AD applies to all Airbus Helicopters Model SA341G and
SA342J helicopters, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code: 6410, Tail Rotor
Blades.
(e) Unsafe Condition
This AD was prompted by a report of manufacturing defects on
multiple tail rotor blades (TRBs) and a subsequent determination
that TRBs that have accumulated 500 or more hours time-in-service
(TIS), and which were not included in AD 2022-19-08, are also
affected by the unsafe condition and must perform the required
corrective actions. The FAA is issuing this AD to detect linear
indications on a TRB. The unsafe condition, if not addressed, 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.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency Emergency AD
2023-0128-E, dated June 26, 2023 (EASA AD 2023-0128-E).
(h) Exceptions to EASA AD 2023-0128-E
(1) Where EASA AD 2023-0128-E requires compliance in terms of
flight hours, this AD requires using hours TIS.
(2) Where EASA AD 2023-0128-E refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where EASA AD 2023-0128-E refers to the effective date of
EASA AD 2022-0169-E (dated August 12, 2022), this AD requires using
October 3, 2022 (the effective date of AD 2022-19-08).
(4) Where paragraph (2) of EASA AD 2023-0128-E states, ``linear
indication,'' for the purposes of this AD, a linear indication is
any linear indication perpendicular to the grain direction of the
blade that is detected regardless of size.
(5) Where paragraph (2) of EASA AD 2023-0128-E states to
``accomplish a dye penetrant inspection of the root area of that
discrepant part in accordance with the instructions of the ASB,''
for this AD replace that text with ``perform a fluorescent penetrant
inspection (FPI) of the root area of each affected part that has any
linear indication (perpendicular to the grain direction of the blade
and regardless of size), in accordance with the Accomplishment
Instructions, paragraph 3.B.3. of the ASB. This FPI must be
accomplished by a Level II or Level III inspector certified in the
FAA-acceptable standards for nondestructive inspection personnel.''
Note 1 to paragraph (h)(5): Advisory Circular 65-31B contains
examples of FAA-acceptable Level II and Level III qualification
standards criteria for inspection personnel doing nondestructive
test inspections.
(6) Where paragraph (3) of EASA AD 2023-0128-E specifies to
replace any affected part having a confirmed linear indication with
a serviceable part; instead, for this AD, if as a result of the
action required by paragraph (2) of EASA AD 2023-0128-E, there is
any linear indication (perpendicular to the grain direction of the
blade and regardless of size), before further flight, remove the
affected TRB from service and replace it with a serviceable part as
defined in EASA AD 2023-0128-E.
(7) Where the service information referenced in EASA AD 2023-
0128-E specifies to discard the TRB if a linear indication is
detected, this AD requires, before further flight, removing that
part from service.
(8) Where the service information referenced in EASA AD 2023-
0128-E specifies to use tooling, this AD allows the use of
equivalent tooling.
(9) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0128-E.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-
0128-E specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(j) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using AD 2022-19-08.
(k) Special Flight Permits
A special flight permit may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
visual inspection or FPI can be performed, provided no passengers
are onboard. Special flight permits are prohibited if a linear
indication has been detected by an FPI or a visible crack has been
detected on a TRB.
(l) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, 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. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (m) of
this AD. Information may be emailed to: [email protected].
(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.
(m) Related Information
For more information about this AD, contact Dan McCully,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone (404) 474-5548; email
[email protected].
(n) 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 this AD specifies otherwise.
(i) European Union Aviation Safety Agency Emergency AD 2023-
0128-E, dated June 26, 2023 (EASA AD 2023-0128-E).
(ii) [Reserved]
(3) For EASA AD 2023-0128-E, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find the EASA
material on the EASA website at ad.easa.europa.eu.
(4) 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. For information on the availability of
this material at the FAA, call (817) 222-5110. This material may be
found in the AD docket at regulations.gov under Docket No. FAA-2023-
1506.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on July 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-15714 Filed 7-20-23; 4:15 pm]
BILLING CODE 4910-13-P
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