[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Rules and Regulations]
[Pages 69990-69992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26604]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0796; Project Identifier MCAI-2021-00098-R; 
Amendment 39-21824; AD 2021-24-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters Model AS355NP helicopters. This AD was prompted by a 
report of mechanical deformation found on the protective cover (also 
referred to as switch guard) of the ``SHEAR'' control pushbutton 
installed on a co-pilot collective stick of a Model EC225LP helicopter, 
caused by incorrect handling; due to having an identical design switch 
guard installed on the pilot collective stick, Model AS355NP 
helicopters are also affected. This AD requires replacement of the 
protective cover of the ``SHEAR'' control pushbutton, and re-
identification of the pilot collective stick, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective January 13, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 13, 
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +49 221 8999 000; email: [email protected]; internet: 
www.easa.europa.eu. You may find the EASA 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-2021-0796.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by

[[Page 69991]]

searching for and locating Docket No. FAA-2021-0796; 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 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: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
950 L'Enfant Plaza N SW, Washington, DC 20024; phone: (202) 267-9167; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0027R1, dated January 22, 2021 
(EASA AD 2021-0027R1), to correct an unsafe condition for all Airbus 
Helicopters (formerly Eurocopter) Model AS355NP helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus Helicopters 
Model AS355NP helicopters. The NPRM published in the Federal Register 
on September 23, 2021 (86 FR 52853). The NPRM was prompted by a report 
of mechanical deformation found on the protective cover (also referred 
to as switch guard) of the ``SHEAR'' control pushbutton installed on a 
co-pilot collective stick of a Model EC225LP helicopter, caused by 
incorrect handling; due to having an identical design switch guard 
installed on the pilot collective stick, Model AS355NP helicopters are 
also affected. The NPRM proposed to require replacement of the 
protective cover of the ``SHEAR'' control pushbutton, and re-
identification of the pilot collective stick, as specified in EASA AD 
2021-0027R1.
    The FAA is issuing this AD to address mechanical deformation on the 
protective cover of the ``SHEAR'' control pushbutton installed on the 
pilot collective stick. The unsafe condition, if not addressed, could 
result in unintended shearing of the hoist cable, possibly resulting in 
injury to hoisted person(s). See EASA AD 2021-0027R1 for additional 
background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters. Except for minor editorial changes, 
this AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0027R1 requires replacement of the protective cover of 
the ``SHEAR'' control pushbutton, and re-identification of the pilot 
collective stick. 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.

Costs of Compliance

    The FAA estimates that this AD affects 2 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD.

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................            $360             $530           $1,060
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the cost estimate.

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:

[[Page 69992]]

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:

2021-24-03 Airbus Helicopters: Amendment 39-21824; Docket No. FAA-
2021-0796; Project Identifier MCAI-2021-00098-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 13, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS355NP 
helicopters, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of mechanical deformation found 
on the protective cover (also referred to as switch guard) of the 
``SHEAR'' control pushbutton installed on a co-pilot collective 
stick of a Model EC225LP helicopter, caused by incorrect handling; 
due to having an identical design switch guard installed on the 
pilot collective stick, Model AS355NP helicopters are also affected. 
The FAA is issuing this AD to address mechanical deformation on the 
protective cover of the ``SHEAR'' control pushbutton installed on 
the pilot collective stick. The unsafe condition, if not addressed, 
could result in unintended shearing of the hoist cable, possibly 
resulting in injury to hoisted person(s).

(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, European Union Aviation Safety Agency (EASA) AD 
2021-0027R1, dated January 22, 2021 (EASA AD 2021-0027R1).

(h) Exceptions to EASA AD 2021-0027R1

    (1) Where EASA AD 2021-0027R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not require the ``Remarks'' section of EASA AD 
2021-0027R1.

(i) Flight Condition Limitation

    As of the effective date of this AD: Do not perform external 
load operations until the modification required by Paragraph (1) of 
EASA AD 2021-0027R1 is complete.

(j) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-
0027R1 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(k) 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 (l) 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.

(l) Related Information

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

(m) 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 (EASA) AD 2021-0027R1, 
dated January 22, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0027R1, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]; internet: www.easa.europa.eu. You may find the 
EASA material 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-2021-0796.
    (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 November 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-26604 Filed 12-8-21; 8:45 am]
BILLING CODE 4910-13-P