[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53197-53200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20464]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0785; Project Identifier AD-2021-00989-R; 
Amendment 39-21734; AD 2021-19-16]
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) 2021-16-
02, which applied to certain Airbus Helicopters Model SA330J, AS332C, 
AS332L, AS332L1, AS332L2, and EC225LP helicopters. AD 2021-16-02 
required inspecting the locking safety mechanism of the left-hand (LH) 
side stairway door handle and depending on the results, corrective 
action. AD 2021-16-02 also required modifying that locking safety 
mechanism. This AD retains the requirements in AD 2021-16-02, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference, and clarifies a certain exception. This 
AD was prompted by the need to clarify that exception. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective October 12, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
24, 2021 (86 FR 46771).
    The FAA must receive comments on this AD by November 12, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 8999 000; email [email protected]; internet www.easa.europa.eu. 
You may find this material on the EASA website at https://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. It is also available in the 
AD docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0785.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0785; 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, 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: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; telephone (202) 267-9167; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued AD 2021-16-02, Amendment 39-21663 (86 FR 46771, 
August 20, 2021) (AD 2021-16-02), for certain Airbus Helicopters Model 
SA330J, AS332C, AS332L, AS332L1, AS332L2, and EC225LP helicopters. AD 
2021-16-02 required inspecting the locking safety mechanism of the LH 
side stairway door handle and depending on the results, corrective 
action. AD 2021-16-02 also required modifying that locking safety 
mechanism.
    AD 2021-16-02 was prompted by EASA AD 2020-0087, dated April 15, 
2020 (EASA AD 2020-0087), issued by EASA, which is the Technical Agent 
for the Member States of the European Union, to correct an unsafe 
condition for Airbus Helicopters (AH), formerly Eurocopter, Eurocopter 
France, Aerospatiale, Sud Aviation, Model SA330J, AS332C, AS332L, 
AS332L1, AS332L2, and EC225LP helicopters, if equipped with an LH side 
stairway door, except helicopters modified in accordance with AH 
modification (MOD) 07 28281 (AS 332, EC 225) or MOD 07 27338 (SA 330). 
EASA issued EASA AD 2020-0087 to supersede EASA Emergency AD 2014-0241-
E, dated November 4, 2014 (EASA AD 2014-0241-E).

[[Page 53198]]

    The FAA issued AD 2021-16-02 to address incorrect locking of the LH 
side stairway door, which could result in an in-flight opening of the 
door and subsequent damage to the helicopter or injury to persons on 
the ground. See EASA AD 2020-0087 for additional background 
information.

Actions Since AD 2021-16-02 Was Issued

    Since AD 2021-16-02 was issued, the FAA has determined that is 
necessary to clarify a required exception. As published, paragraph 
(h)(7) of AD 2021-16-02 could cause confusion with paragraph (h)(5) of 
AD 2021-16-02. Paragraph (h)(7) of this AD clarifies that the 
terminating action for the repetitive inspections as required by 
paragraph (2) of EASA AD 2020-0087 does not apply to this AD. The 
repetitive inspections as required by paragraph (2) of EASA AD 2020-
0087 are not required by paragraph (h)(5) of this AD, and accordingly, 
this AD cannot provide terminating action for those repetitive 
inspections.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0087 requires repetitively inspecting the locking 
safety mechanism of the LH side stairway door handle for correct 
operation and depending on the results, reconditioning the locking 
safety mechanism or contacting the Airbus Helicopters Support and 
Services Department. EASA AD 2020-0087 also requires modifying the 
locking safety mechanism, which constitutes terminating action for the 
repetitive inspections.
    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.

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 about the 
unsafe condition described in its AD. The FAA is issuing this AD after 
evaluating all known relevant information and determining that the 
unsafe condition described previously is likely to exist or develop on 
other helicopters of these same type designs.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD 
2020-0087, 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 AD.''

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 2020-0087 is incorporated by reference in this FAA final rule. 
This AD, therefore, requires compliance with EASA AD 2020-0087 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 2020-0087 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 the EASA AD. Service information referenced 
in EASA AD 2020-0087 for compliance will be available at https://www.regulations.gov by searching for and locating FAA-2021-0785.

Differences Between This AD and the EASA AD

    Where EASA AD 2020-0087 refers to the effective date of EASA AD 
2014-0241-E or its effective date, this AD requires using the effective 
date of this AD. Where EASA AD 2020-0087 refers to Group 1 and 2 
helicopters, this AD does not refer to any groups of helicopters. Where 
the service information referenced in EASA AD 2020-0087 allows the 
pilot to perform the requirements of the ASB, this AD requires the 
requirements to be performed by a qualified mechanic. Where the service 
information referenced in EASA AD 2020-0087 specifies to submit certain 
information to the manufacturer, this AD does not include that 
requirement. Where the service information referenced in EASA AD 2020-
0087 specifies to discard certain parts, this AD requires removing 
those parts from service instead. EASA AD 2020-0087 requires repeating 
the inspection before next flight after each application of painting on 
the LH side stairway door or its external door handle, whereas this AD 
does not. EASA AD 2020-0087 allows a terminating action for the 
repetitive inspections, whereas this AD does not. EASA AD 2020-0087 
requires contacting the Airbus Helicopters Support and Services 
Department if it is impossible to recondition the locking safety 
mechanism by moving the door handle, whereas this AD requires, before 
further flight, accomplishing paragraph (5) of EASA AD 2020-0087 or 
accomplishing corrective action using a method approved by the Manager, 
International Validation Branch, FAA. The Manager's approval letter 
must specifically refer to this AD.

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.
    This AD clarifies an exception in AD 2021-16-02 that could affect 
compliance and the public was previously provided opportunity for 
comment on the costs of the AD and required actions.
    Accordingly, notice and opportunity for prior public comment are 
unnecessary 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.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0785; Project Identifier AD-
2021-00989-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the AD, explain the reason for 
any recommended change, and include supporting data. The FAA will 
consider all comments received by the closing

[[Page 53199]]

date and may amend this AD 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 AD.

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 Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 950 
L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-9167; 
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.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 37 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.
    Inspecting the operation of the locking safety mechanism on the LH 
side stairway door handle takes about 0.1 work-hour for an estimated 
cost of $9 per helicopter and $333 for the U.S. fleet. Moving the 
external door handle from the ``Locked'' to the ``Unlocked'' position 
to determine if the safety mechanism on the LH side stairway door 
handle can lock automatically takes about 0.5 work-hour for an 
estimated cost of $43 per helicopter. Modifying the locking safety 
mechanism on the LH side stairway door handle takes about 8 work-hours 
and parts cost about $5,000 for an estimated cost of $5,680 per 
helicopter.

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 would not have federalism 
implications under Executive Order 13132. This AD would 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 this regulation:
    (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 2021-16-02, Amendment 39-21663 (86 
FR 46771, August 20, 2021); and
0
b. Adding the following new airworthiness directive:

2021-19-16 Airbus Helicopters: Amendment 39-21734; Docket No. FAA-
2021-0785; Project Identifier AD-2021-00989-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 12, 
2021.

(b) Affected ADs

    This AD replaces AD 2021-16-02, Amendment 39-21663 (86 FR 46771, 
August 20, 2021) (AD 2021-16-02).

(c) Applicability

    This AD applies to Airbus Helicopters Model SA330J, AS332C, 
AS332L, AS332L1, AS332L2, and EC225LP helicopters, certificated in 
any category, as identified in the Applicability of European Union 
Aviation Safety Agency AD 2020-0087, dated April 15, 2020 (EASA AD 
2020-0087).

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5210, Passenger/
Crew Doors.

(e) Unsafe Condition

    This AD was prompted by a report of a left-hand (LH) side 
stairway door that inadvertently opened and tore off from its 
attachment fittings during flight. The FAA is issuing this AD to 
address incorrect locking of the LH side stairway door, which could 
result in an in-flight opening of the door and subsequent damage to 
the helicopter or injury to persons on the ground.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2020-0087.

(h) Exceptions to EASA AD 2020-0087

    (1) Where EASA AD 2020-0087 refers to November 6, 2014 (the 
effective date of EASA AD 2014-0241-E, dated November 4, 2014) or 
its effective date, this AD requires using the effective date of 
this AD.
    (2) Where EASA AD 2020-0087 refers to Group 1 and Group 2 
helicopters, this AD does not refer to any groups of helicopters.
    (3) Where the service information referenced in EASA AD 2020-
0087 permits certain actions to be performed by a mechanical 
engineering technician or pilot, this AD requires that the actions 
be performed by a qualified mechanic.
    (4) Where the service information referenced in EASA AD 2020-
0087 specifies

[[Page 53200]]

to discard certain parts, this AD requires removing those parts from 
service.
    (5) While paragraph (2) of EASA AD 2020-0087 requires actions 
before next flight after each application of painting on the LH side 
stairway door or its external door handle, those actions are not 
required by this AD.
    (6) Where paragraph (3) of EASA AD 2020-0087 requires 
reconditioning the locking safety mechanism, and the service 
information referenced in paragraph (3) of EASA AD 2020-0087 
specifies contacting the Airbus Helicopters Support and Services 
Department if it is impossible to recondition the locking safety 
mechanism by moving the door handle, this AD requires moving the 
external door handle from the ``Locked'' to the ``Unlocked'' 
position to determine if the safety mechanism can lock 
automatically. If the safety mechanism does not lock automatically, 
this AD requires, before further flight accomplishing paragraph (5) 
of EASA AD 2020-0087 or accomplishing corrective action using a 
method approved by the Manager, International Validation Branch, 
FAA. The Manager's approval letter must specifically refer to this 
AD.
    (7) Where paragraph (5) of EASA AD 2020-0087 identifies the 
modification as required by paragraph (4) of EASA AD 2020-0087 as 
terminating action for the repetitive inspections as required by 
paragraph (2) of EASA AD 2020-0087 for that helicopter, the 
terminating action for the repetitive inspections as required by 
paragraph (2) of EASA AD 2020-0087 does not apply to this AD.
    (8) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2020-0087.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0087 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) 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.

(k) Related Information

    For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, FAA, 950 L'Enfant 
Plaza N SW, Washington, DC 20024; telephone (202) 267-9167; email 
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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.
    (3) The following service information was approved for IBR on 
September 24, 2021 (86 FR 46771).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0087, 
dated April 15, 2020.
    (ii) [Reserved]
    (4) For EASA AD 2020-0087, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (5) 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 https://www.regulations.gov by searching 
for and locating FAA-2021-0785.
    (6) 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 https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-20464 Filed 9-24-21; 8:45 am]
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