[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Rules and Regulations]
[Pages 76955-76958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26422]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1027; Project Identifier MCAI-2020-01375-R; 
Amendment 39-21333; AD 2020-24-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350D, 
AS355E, AS355F, AS355F1, and AS355F2 helicopters. This AD requires 
testing the UP/DOWN switches of a certain part-numbered DUNLOP cyclic 
stick grip, installing a placard, and revising the existing Rotorcraft 
Flight Manual (RFM) for your helicopter, or removing the DUNLOP cyclic 
stick grip. This AD was prompted by an inadvertent activation of the 
rescue hoist cable cutter. The actions of this AD are intended to 
address an unsafe condition on these products.

DATES: This AD becomes effective December 16, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of December 16, 
2020.
    The FAA must receive comments on this AD by January 15, 2021.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.

[[Page 76956]]

     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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-
1027; 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 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 the referenced service information at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, 
Fort Worth, TX 76177. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1027.

FOR FURTHER INFORMATION CONTACT: Daniel E. Moore, Aviation Safety 
Engineer, Regulations & Policy Section, Rotorcraft Standards Branch, 
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-
5110; 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 the docket number FAA-2020-1027 and Project 
Identifier MCAI-2020-01375-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 
https://www.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 Daniel 
E. Moore, Aviation Safety Engineer, Regulations & Policy Section, 
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone 817-222-5110; email [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD No. 2020-0217-E, dated 
October 6, 2020, to correct an unsafe condition for Airbus Helicopters 
(AH), formerly Eurocopter, Eurocopter France, Aerospatiale, Model AS 
350 B, AS 350 BA, AS 350 B1, AS 350 B2, AS 350 D, AS 355 E, AS 355 F, 
AS 355 F1, and AS 355 F2 helicopters. EASA advises of a report of an 
unintended release of the rescue hoist hook on a Model AS 350 B2 
helicopter during a ground check. The operator was using the UP/DOWN 
switches for rescue hoist control, installed on DUNLOP cyclic stick 
grip part number (P/N) AC66444, when the hoist's electrically-actuated 
cable cutter function activated. EASA states that this condition, if 
not corrected, could lead to further events of inadvertent activation 
of the rescue hoist cable cutter function and consequent detachment of 
an external load or person from the helicopter hoist, possibly 
resulting in personal injury or injury to persons on the ground.
    To address this potential unsafe condition, Airbus Helicopters 
published Emergency Alert Service Bulletin (EASB) Nos. 01.00.58 and 
01.00.72, each Revision 0 and dated October 1, 2020, to introduce an 
operational limitation.
    Accordingly, the EASA AD requires installing a dedicated placard in 
the cockpit and amending the applicable RFM to prohibit the in-flight 
use of the UP/DOWN switches for rescue hoist control installed on 
DUNLOP cyclic stick grip P/N AC66444. EASA states its AD is considered 
an interim action and further AD action may follow.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA of the 
unsafe condition described in its AD. The FAA is issuing this AD after 
evaluating all information provided by EASA and determining the unsafe 
condition exists and is likely to exist or develop on other helicopters 
of these same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA has reviewed Airbus Helicopters EASB No. 01.00.58 for Model 
AS355-series helicopters and Airbus Helicopters EASB No. 01.00.72 for 
Model AS350-series helicopters, each Revision 0 and dated October 1, 
2020, which are co-published as one document. This service information 
specifies installing a placard and revising the Flight Manual to 
prohibit the use of the UP/DOWN switches of the DUNLOP cyclic stick 
grip manufacturer P/N (MP/N) AC66444.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

AD Requirements

    This AD requires accomplishing a ground test of the UP/DOWN 
switches of DUNLOP cyclic stick grip MP/N AC66444 for proper function 
before each hoist operation. If there is any uncommanded hoist action, 
this AD requires removing the DUNLOP cyclic stick grip from service.
    If DUNLOP cyclic stick grip MP/N AC66444 is installed, before the 
next hoist operation, this AD requires installing a placard and 
revising the existing RFM for your helicopter to prohibit the use of 
the UP/DOWN

[[Page 76957]]

switches of the DUNLOP cyclic stick grip. Alternatively, this AD allows 
removing DUNLOP cyclic stick grip MP/N AC66444, however before the 
DUNLOP cyclic stick grip is re-installed, this AD requires 
accomplishing the ground test of the UP/DOWN switches and installing 
the placard and revising the existing RFM for your helicopter. This AD 
also prohibits installing an affected DUNLOP cyclic stick grip unless 
the ground testing of the UP/DOWN switches has been accomplished, the 
placard has been installed, and the existing RFM for your helicopter 
has been revised.

Differences Between This AD and the EASA AD

    The EASA AD applies to all Airbus Helicopters Model AS 350 B, AS 
350 BA, AS 350 B1, AS 350 B2, AS 350 D, AS 355 E, AS 355 F, AS 355 F1, 
and AS 355 F2 helicopters, whereas this AD applies to Airbus 
Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350D, AS355E, 
AS355F, AS355F1, and AS355F2 helicopters with DUNLOP cyclic stick grip 
MP/N AC66444 with UP/DOWN switches for rescue hoist control installed 
instead. This AD requires accomplishing a ground test of the UP/DOWN 
switches for proper function before each hoist operation, whereas the 
EASA AD does not.

Interim Action

    The FAA considers this AD to be an interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

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 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 390 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this AD.
    Accomplishing a ground test of the UP/DOWN switches for proper 
function takes a minimal amount of time for a nominal cost. Installing 
a placard and revising the existing RFM for your helicopter takes about 
0.5 work-hour for an estimated cost of $43 per helicopter and $16,770 
for the U.S. fleet. Alternatively, replacing the affected DUNLOP cyclic 
stick grip takes about 2.5 work-hours and parts cost about $2,500 for 
an estimated cost of $2,713.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (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.
    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 there are required corrective actions that must be completed 
before the next hoist operation. Therefore, notice and opportunity for 
prior public comment are impracticable and contrary to public interest 
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.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866, and
    2. Will not affect intrastate aviation in Alaska.

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

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2020-24-03 Airbus Helicopters: Amendment 39-21333; Docket No. FAA-
2020-1027; Project Identifier MCAI-2020-01375-R.

(a) Applicability

    This airworthiness directive (AD) applies to Airbus Helicopters 
Model AS350B, AS350BA, AS350B1, AS350B2, AS350D, AS355E, AS355F, 
AS355F1, and AS355F2 helicopters, certificated in any category, with 
DUNLOP cyclic stick grip manufacturer part number AC66444 with UP/
DOWN switches for rescue hoist control installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as inadvertent activation 
of the rescue hoist cable cutter and consequent detachment of an 
external load or person from the helicopter hoist. This condition 
could result in personal injury or injury to persons on the ground.

(c) Effective Date

    This AD becomes effective December 16, 2020.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    (1) Before each hoist operation, accomplish a ground test of the 
UP/DOWN switches for proper function. If there is any

[[Page 76958]]

uncommanded hoist action, before further flight, remove the DUNLOP 
cyclic stick grip from service.
    (2) Before the next hoist operation:
    (i) Install a placard in full view of the pilot by following the 
Accomplishment Instructions, paragraph 3.B., of Airbus Helicopters 
Emergency Alert Service Bulletin (EASB) No. 01.00.58 or 01.00.72, 
each Revision 0 and dated October 1, 2020 (EASB 01.00.58 or 
01.00.72), as applicable to your helicopter.
    (ii) Revise the existing Rotorcraft Flight Manual (RFM) for your 
helicopter by inserting the Limitations page applicable to your 
helicopter model and version from Appendix 4.C. through L, of EASB 
01.00.58 or 01.00.72. Inserting a different document with 
information identical to that in Appendix 4.C. through L., of EASB 
01.00.58 or 01.00.72, as applicable to your helicopter model and 
version, is acceptable for compliance with the requirement of this 
paragraph.
    (3) After complying with paragraph (e)(2) of this AD, each time 
the DUNLOP cyclic stick grip that is identified in paragraph (a) of 
this AD is removed from the helicopter, you may remove the placard 
and RFM revision that are required by paragraphs (e)(2)(i) and (ii) 
of this AD. Before the DUNLOP cyclic stick grip is re-installed, you 
must re-install the placard and RFM revision that are required by 
paragraphs (e)(2)(i) and (ii) of this AD.
    (4) As of the effective date of this AD, do not install a DUNLOP 
cyclic stick grip that is identified in paragraph (a) of this AD 
unless the requirements of paragraphs (e)(1) and (2) of this AD have 
been accomplished.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve 
AMOCs for this AD. Send your proposal to: Daniel E. Moore, Aviation 
Safety Engineer, Regulations & Policy Section, Rotorcraft Standards 
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
817-222-5110; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, the FAA suggests 
that you notify your principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district office 
or certificate holding district office, before operating any 
aircraft complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Union Aviation 
Safety Agency (EASA) AD No. 2020-0217-E, dated October 6, 2020. You 
may view the EASA AD on the internet at https://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2020-1027.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6700, Rotorcraft 
Flight Control.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Emergency Alert Service Bulletin (EASB) 
No. 01.00.58, Revision 0, dated October 1, 2020.
    (ii) Airbus Helicopters EASB No. 01.00.72, Revision 0, dated 
October 1, 2020.

    Note 1 to paragraph (i)(2):  Airbus Helicopters EASB Nos. 
01.00.58 and 01.00.72, each Revision 0 and dated October 1, 2020, 
are co-published as one document.

    (3) For service information identified in this AD, contact 
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; 
telephone 972-641-0000 or 800-232-0323; fax 972-641-3775; or at 
https://www.airbus.com/helicopters/services/technical-support.html.
    (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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 12, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-26422 Filed 11-30-20; 8:45 am]
BILLING CODE 4910-13-P