[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54035-54037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21117]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0559; Project Identifier MCAI-2021-00079-R; 
Amendment 39-21727; AD 2021-19-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-24-
03, which applied to certain Airbus Helicopters Model AS350B, AS350BA, 
AS350B1, AS350B2, AS350D, AS355E, AS355F, AS355F1, and AS355F2 
helicopters. AD 2020-24-03 required 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 retains 
some requirements of AD 2020-24-03 and also requires incorporating a 
new modification, and removing the placard and the RFM amendment 
installed previously as required by AD 2020-24-03. The additional 
actions are required as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. This AD was 
prompted by the development of a modification (MOD) procedure by Airbus 
Helicopters for the electrical wiring of the hoist control of the 
DUNLOP cyclic stick. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective November 4, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 4, 
2021.

ADDRESSES: 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-2021-0559.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0559; 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, any 
comments received, and other information. The address for Docket 
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Daniel Poblete, Aerospace Engineer, 
Systems & Equipment Section, Los Angeles ACO Branch, Compliance & 
Airworthiness Division, 3960 Paramount Blvd., Lakewood, CA 90712; 
telephone (562) 627-5335; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0023, dated January 19, 2021 
(EASA AD 2021-0023) to correct an unsafe condition for Airbus 
Helicopters Model AS 350 and AS 355 helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-24-03, Amendment 39-21333 (85 FR 
76955, December 1, 2020) (AD 2020-24-03). AD 2020-24-03 applied to 
Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350D, 
AS355E, AS355F, AS355F1, and AS355F2 helicopters with DUNLOP cyclic 
stick grip manufacturer part number (MP/N) AC66444 with UP/DOWN 
switches for rescue hoist control installed. The NPRM published in the 
Federal Register on July 12, 2021 (86 FR 36516). The NPRM was prompted 
by Airbus Helicopters developing MOD MC20096 and Airbus Helicopters 
issuing service information for performing this modification on the 
DUNLOP cyclic stick. The NPRM proposed to continue to require ground 
testing of the UP/DOWN switches, installing a placard, and revising the 
existing RFM for your helicopter. The NPRM also proposed to require 
modifying the electrical wiring of the DUNLOP cyclic stick and removing 
both the placard and RFM amendment previously installed as specified in 
EASA AD 2021-0023.
    The FAA is issuing this AD to address 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, as specified in 
an EASA AD. See EASA AD 2021-0023 for additional background 
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. As published in the NPRM, three 
instances of ``EASA AD 2020-0023'' have been changed to ``EASA AD 2021-
0023'' in this Final rule. These minor changes correct a typographical 
error and the FAA has determined that they:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0023 specifies procedures for installing the placard 
and revising the Flight Manual to prohibit the use of the UP/DOWN 
switches of the DUNLOP cyclic stick MP/N AC66444. EASA AD 2021-0023 
also specifies procedures for modifying the electrical wiring of the 
DUNLOP cyclic stick and removing both the placard and RFM amendment 
previously installed.
    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.

[[Page 54036]]

Differences Between This AD and the EASA AD

    For helicopters with DUNLOP cyclic stick grip MP/N AC66444 with UP/
DOWN switches for rescue hoist control installed, 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. Where EASA 
AD 2021-0023 refers to its effective date or the effective date of EASA 
Emergency AD 2020-0217-E, dated October 8, 2020, this AD requires using 
the effective date of this AD. Where the service information referenced 
in EASA AD 2021-0023 specifies ``work must be performed on the 
helicopter by the operator,'' this AD requires that the work be 
accomplished by a mechanic that meets the requirements of 14 CFR part 
65 subpart D. Where the service information referenced in EASA AD 2021-
0023 specifies to discard certain placards and Flight Manual pages 
(that were required by EASA AD 2020-0217-E), this AD requires removing 
them instead.
    EASA AD 2021-0023 requires operators to ``inform all flight crews'' 
of revisions to the RFM, and thereafter to ``operate the helicopter 
accordingly.'' However, this AD does not specifically require those 
actions.
    14 CFR 91.9 requires that no person may operate a civil aircraft 
without complying with the operating limitations specified in the RFM. 
Therefore, including a requirement in this AD to operate the helicopter 
according to the revised RFM would be redundant and unnecessary. 
Further, compliance with such a requirement in an AD would be 
impracticable to demonstrate or track on an ongoing basis; therefore, a 
requirement to operate the helicopter in such a manner would be 
unenforceable.
    Where paragraph (4) of EASA AD 2021-0023 allows modifying a Group 2 
helicopter into a Group 1 helicopter, this AD also requires 
accomplishing the requirements of paragraph (g)(1) of this AD. Finally, 
the service information referenced in EASA AD 2021-0023 requires 
reporting certain information, whereas this AD does not.

Costs of Compliance

    The FAA estimates that this AD affects 390 helicopters of U.S. 
Registry. The FAA estimates that operators may incur the following 
costs in order to comply with this AD. Labor costs are estimated at $85 
per work-hour.
    Accomplishing a ground test of the UP/DOWN switches for proper 
function takes a minimal amount of time for a nominal cost. Replacing a 
DUNLOP cyclic stick grip, if required, takes about 2.5 work-hours and 
parts cost about $2,500 for an estimated cost of $2,713. Installing the 
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.
    Modifying the electrical wiring of the DUNLOP cyclic stick takes up 
to 4 work-hours and parts cost $2,147 for an estimated cost of up to 
$2,487 per helicopter and $969,930 for the U.S. fleet. Removing the 
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.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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 (AD) 2020-24-03, Amendment 39-21333 
(85 FR 76955, December 1, 2020); and
0
b. Adding the following new AD:

2021-19-09 Airbus Helicopters: Amendment 39-21727; Docket No. FAA-
2021-0559; Project Identifier MCAI-2021-00079-R.

(a) Effective Date

    This airworthiness directive (AD) is effective November 4, 2021.

(b) Affected ADs

    This AD replaces AD 2020-24-03, Amendment 39-21333 (85 FR 76955, 
December 1, 2020) (AD 2020-24-03).

(c) Applicability

    This AD applies to Airbus Helicopters Model AS350B, AS350BA, 
AS350B1, AS350B2, AS350D, AS355E, AS355F, AS355F1, and AS355F2 
helicopters, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2021-0023, dated January 19, 
2021 (EASA AD 2021-0023).

(d) Subject

    Joint Aircraft System Component (JASC) Code 2500, Cabin 
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by the development of a modification of the 
electrical wiring of the hoist control on the DUNLOP cyclic stick 
grip. The FAA is issuing this AD to prevent 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.

(f) Compliance

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

(g) Requirements

    (1) For helicopters with DUNLOP cyclic stick grip manufacturer 
part number AC66444 with UP/DOWN switches for rescue

[[Page 54037]]

hoist control installed, before each hoist operation after December 
16, 2020 (the effective date of AD 2020-24-03), accomplish a ground 
test of the UP/DOWN switches for proper function. If there is any 
uncommanded hoist action, before further flight, remove the DUNLOP 
cyclic stick grip from service. Accomplishing the modification in 
paragraph (2) of EASA AD 2021-0023 constitutes terminating action 
for the requirements of this paragraph.
    (2) 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 2021-0023.

(h) Exceptions to EASA AD 2021-0023

    (1) Where EASA AD 2021-0023 refers to October 8, 2020 (the 
effective date of EASA Emergency AD 2020-0217-E, dated October 6, 
2020 (EASA AD 2020-0217-E)), this AD requires using the effective 
date of this AD.
    (2) Where the service information referenced in paragraph (1) of 
EASA AD 2021-0023 specifies that the ``work must be performed on the 
helicopter by the operator,'' this AD requires that the work be 
accomplished by a mechanic that meets the requirements of 14 CFR 
part 65 subpart D.
    (3) Where EASA AD 2021-0023 refers to its effective date, this 
AD requires using the effective date of this AD.
    (4) Where EASA AD 2021-0023 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (5) Where the service information referenced in EASA AD 2021-
0023 specifies to discard certain placards and Flight Manual pages 
(that were required by EASA AD 2020-0217-E), this AD requires 
removing them.
    (6) Where paragraph (3) of EASA AD 2021-0023 specifies to 
``inform all flight crews and, thereafter, operate the helicopter 
accordingly,'' this AD does not require those actions.
    (7) Where paragraph (4) of EASA AD 2021-0023 allows modifying a 
Group 2 helicopter into a Group 1 helicopter, this AD also requires 
accomplishing the requirements of paragraph (g)(1) of this AD.
    (8) The ``Remarks'' section of EASA AD 2021-0023 does not apply 
to this AD.

(i) No Reporting Requirement

    Where the service information referenced in EASA AD 2021-0023 
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 Daniel Poblete, 
Aerospace Engineer, Systems & Equipment Section, Los Angeles ACO 
Branch, Compliance & Airworthiness Division, 3960 Paramount Blvd., 
Lakewood, CA 90712; telephone (562) 627-5335; 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0023, 
dated January 19, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0023, 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.
    (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 https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0559.
    (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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 7, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-21117 Filed 9-29-21; 8:45 am]
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