[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Proposed Rules]
[Pages 73703-73706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28132]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1166; Project Identifier MCAI-2021-00952-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters (Type Certificate 
Previously Held by Eurocopter France) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-11-25, which applies to certain Airbus Helicopters (type 
certificate previously held by Eurocopter France) Model AS350B3 and 
EC130T2 helicopters. AD 2021-11-25 requires revising the existing 
rotorcraft flight manual (RFM) for your helicopter by inserting a new 
procedure (temporary). Since the FAA issued AD 2021-11-25, the 
manufacturer has identified an additional affected full authority 
digital engine control (FADEC) part number and developed an optional 
modification for the affected FADECs. This proposed AD would require 
revising the existing RFM for your helicopter by inserting a new 
procedure (temporary). This proposed AD would also require, for 
helicopters on which an optional terminating action (installation of 
serviceable FADECs) is done, removing the applicable temporary 
procedure from the existing RFM for your helicopter. In addition, this 
proposed AD would also add helicopters to the applicability. 
Furthermore, this proposed AD would prohibit the installation of an 
affected FADEC. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by February 
11, 2022.

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 Airbus Helicopters service information identified in this NPRM, 
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. For Safran Turbomeca service information identified in 
this NPRM contact Safran Helicopter Engines, S.A., 64511 Bordes, 
France; phone: +33 (0) 5 59 74 45 11. 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1166; 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 NPRM, the European 
Union Aviation Safety Agency (EASA) AD, any comments received, and 
other information. The street address for Docket Operations is listed 
above.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7330; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-1166; Project Identifier 
MCAI-2021-00952-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Andrea Jimenez, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; 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.

Background

    The FAA issued AD 2021-11-25, Amendment 39-21587 (86 FR 33097, June 
24, 2021), (AD 2021-11-25), for Airbus Helicopters (type certificate 
previously held by Eurocopter France) Model AS350B3 and EC130T2 
helicopters with an ARRIEL 2D engine and THALES FADEC part number (P/N) 
C13165DA00 without amendment A or P/N C13165FA00 without amendment B, 
installed. AD 2021-11-25 requires revising the Emergency Procedures of 
the existing RFM for your helicopter by inserting Appendix 4. of Airbus 
Helicopters Alert Service Bulletin (ASB) No. AS350-01.00.67 or ASB No. 
EC130-04A004, each Revision 2 and dated February 17, 2014 (ASB AS350-
01.00.67 or ASB EC130-04A004), as applicable to your helicopter. AD 
2021-11-25 was prompted by EASA AD 2013-0287, dated December 5, 2013 
(EASA AD 2013-0287), issued by EASA, which is the Technical Agent for 
the Member States of the European Union, to correct an unsafe condition 
for Eurocopter (formerly Eurocopter

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France, Aerospatiale) Model AS 350 B3 and EC 130 T2 helicopters with an 
ARRIEL 2D engine and THALES FADEC P/N C13165DA00 or P/N C13165FA00 
installed. EASA advised that there was a report of an in-flight event 
where the pilot noticed that the temporary amber governor (GOV) light 
had illuminated, followed by the failure of the vehicle engine 
monitoring display (VEMD) screens, and no availability of the automatic 
or auxiliary engine back-up control ancillary unit (EBCAU). Subsequent 
investigation identified an internal failure of the engine digital 
electronic control unit (DECU), which led to loss of fuel flow 
regulation (frozen fuel metering unit). This failure was not indicated 
to the pilot by a red GOV warning light as expected, but with amber GOV 
indication and loss of VEMD display instead. EASA also advised that if 
this fuel metering unit is frozen in the open position, it may lead to 
a rotor overspeed, and if it is frozen in the closed position, it may 
lead to unavailability of engine power. EASA stated that this 
condition, if not addressed, could result in the pilot identifying the 
type of failure condition incorrectly, possibly resulting in an 
improper response.
    Accordingly, and pending the development of a DECU assembly design 
improvement, EASA AD 2013-0287 required incorporating a new procedure 
into the Emergency Procedures section of the RFM and informing all 
flight crews of the RFM change. EASA considered its AD an interim 
action and stated that further AD action may follow.
    After EASA issued EASA AD 2013-0287, EASA issued safety information 
bulletin (SIB) No. 2013-23, dated December 19, 2013, for Eurocopter AS 
350 B3 and EC 130 T2 helicopters with a Turbom[eacute]ca ARRIEL 2D 
engine installed. The SIB recommended modifying certain electronic 
engine control units (EECUs).

Actions Since AD 2021-11-25 Was Issued

    Since the FAA issued AD 2021-11-25, EASA issued AD 2021-0195, dated 
August 20, 2021 (EASA AD 2021-0195), which supersedes EASA AD 2013-
0287. EASA advises that after EASA AD 2013-0287 was issued, Airbus 
Helicopters revised ASB AS350-01.00.67 and ASB EC130-04A004 to include 
an additional affected part number as part of the same rectification 
campaign. Additionally, EASA advises that in parallel, SAFRAN (formerly 
Turbom[eacute]ca) developed a modification of the affected part, which 
mitigates the risk of rotor speed fluctuations, loss of power or 
uncommanded in-flight shutdown, and issued Service Bulletin 292 73 2852 
providing FADEC replacement instructions. Consequently, Airbus 
Helicopters issued the applicable ASBs, providing instructions to 
remove the temporary procedure from the RFM Emergency Procedures 
section for helicopters with a modified FADEC. Accordingly, EASA AD 
2021-0195 retains the requirements of EASA AD 2013-0287 and requires 
removing the temporary revision from the Emergency Procedures section 
of the RFM for helicopters with a modified FADEC installed. EASA AD 
2021-0195 also prohibits the installation of an affected part after 
installation of a modified FADEC. Furthermore, EASA AD 2021-0195 
specifies to ``inform all flight crews'' of revisions to the RFM, and 
thereafter to ``operate the helicopter accordingly.''

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 proposing 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 the same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Alert Service Bulletin No. 
AS350-01.00.67, Revision 2, dated February 17, 2014; and Alert Service 
Bulletin No. EC130-04A004, Revision 2, dated February 17, 2014; which 
the Director of the Federal Register approved for incorporation by 
reference as of July 29, 2021.
    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.

Other Related Service Information

    The FAA also reviewed Safran Turbomeca Mandatory Service Bulletin 
No. 292 73 2852, Revision C, dated June 6, 2016. This service 
information specifies replacing certain FADEC D EECUs with certain 
amended FADEC D EECUs.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all of the requirements of AD 2021-
11-25. This proposed AD would also expand the applicability by adding 
helicopters that have a FADEC, P/N C13165DA00PC00 without amendment A, 
installed. This proposed AD would also require, for the added 
helicopters, revising the existing RFM for your helicopter by inserting 
a new procedure (temporary) into the Emergency Procedures section. This 
proposed AD would also provide an optional terminating action 
(installation of serviceable FADECs). This proposed AD would also 
require, for helicopters on which the terminating action is done, 
removing the applicable procedure (temporary) from the Emergency 
Procedures section of the existing RFM for your helicopter. 
Furthermore, this proposed AD would prohibit the installation of an 
affected FADEC.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2021-0195 requires operators to ``inform all flight crews'' 
of revisions to the RFM, and thereafter to ``operate the helicopter 
accordingly.'' However, this proposed AD would not specifically require 
those actions.
    FAA regulations mandate compliance with only the operating 
limitations section of the flight manual. The flight manual changes 
that would be required by this proposed AD would apply to the emergency 
procedures section of the existing RFM for your helicopter. 
Furthermore, compliance with such requirements in an AD is 
impracticable to demonstrate or track on an ongoing basis; therefore, a 
requirement to operate the aircraft in such a manner is unenforceable. 
Nonetheless, the FAA recommends that flight crews of the helicopters 
listed in the applicability operate in accordance with the revised 
emergency procedures specified in this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect up to 628 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 proposed AD.
    Revising the existing RFM for your helicopter takes about 0.25 
work-hour for an estimated cost of $21 per helicopter and up to $13,188 
for the U.S. fleet.
    Accomplishing the optional terminating action, if done, takes about 
1 work-hour, with a parts costs of $5,000, for an estimated cost of 
$5,085 per helicopter.

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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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed 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, I certify this proposed regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 2021-11-25, Amendment 39-21587 (86 
FR 33097, June 24, 2021); and
0
b. Adding the following new airworthiness directive:

Airbus Helicopters (Type Certificate Previously Held by Eurocopter 
France): Docket No. FAA-2021-1166; Project Identifier MCAI-2021-
00952-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by February 11, 2022.

(b) Affected ADs

    This AD replaces AD 2021-11-25, Amendment 39-21587 (86 FR 33097, 
June 24, 2021) (AD 2021-11-25).

(c) Applicability

    This AD applies to Airbus Helicopters (type certificate 
previously held by Eurocopter France) Model AS350B3 and EC130T2 
helicopters, certificated in any category, with an ARRIEL 2D engine 
and with THALES full authority digital engine control (FADEC) part 
number (P/N) C13165DA00 without amendment A, P/N C13165DA00PC00 
without amendment A, or P/N C13165FA00 without amendment B, that has 
a serial number below 1736, installed.
    Note 1 to paragraph (c): Helicopters with a Model AS350B3e 
designation are Model AS350B3 helicopters.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 7321, Engine Fuel 
Control/Turbine Engines.

(e) Unsafe Condition

    This AD was prompted by a report of failure of an engine digital 
electronic control unit. The FAA is issuing this AD to prevent 
incorrect indicator illumination, display failure, and loss of fuel 
flow regulation (frozen fuel metering unit). The unsafe condition, 
if not addressed, could result in misleading information to the 
pilot, rotor overspeed or unavailability of engine power, and 
subsequent loss of control of the helicopter.

(f) Compliance

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

(g) Retained Revision to the Existing Rotorcraft Flight Manual (RFM) 
for Your Helicopter and Optional Terminating Action for Certain 
Helicopters With New Optional Terminating Action

    For helicopters with FADEC P/N C13165DA00 without amendment A or 
P/N C13165FA00 without amendment B installed:
    (1) Within 25 hours time-in-service after July 29, 2021 (the 
effective date of AD 2021-11-25), revise the Emergency Procedures of 
the existing RFM for your helicopter by inserting Appendix 4. of 
Airbus Helicopters Alert Service Bulletin (ASB) No. AS350-01.00.67 
or ASB No. EC130-04A004, each Revision 2 and dated February 17, 2014 
(ASB AS350-01.00.67 or ASB EC130-04A004), as applicable to your 
helicopter model. Inserting a different document with information 
identical to that in Appendix 4. of ASB AS350-01.00.67 or ASB EC130-
04A004, as applicable to your helicopter model, is acceptable for 
compliance with the requirement of this paragraph.
    (2) As an optional terminating action for the requirement of 
paragraph (g)(1) of this AD, install amendment A on FADEC P/N 
C13165DA00 or amendment B on FADEC P/N C13165FA00.
    (3) As an optional terminating action for the requirement of 
paragraph (g)(1) of this AD, install a FADEC unit having P/N 
C13165DA00 with amendment A, P/N C13165DA00PC00 with amendment A, or 
P/N C13165FA00 with amendment B; or install a FADEC unit other than 
a FADEC unit having P/N C13165DA00, P/N C13165DA00PC00, or P/N 
C13165FA00, that has a serial number below 1736.

(h) New Requirement: Revision to the Existing RFM for Your Helicopter 
and Optional Terminating Action for Certain Other Helicopters

    For helicopters that have FADEC P/N C13165DA00PC00 without 
amendment A installed:
    (1) Within 25 hours time-in-service after the effective date of 
this AD, revise the existing RFM for your helicopter by inserting 
Appendix 4. of ASB AS350-01.00.67 or ASB EC130-04A004, as applicable 
to your helicopter model. Inserting a different document with 
information identical to that in Appendix 4. of ASB AS350-01.00.67 
or ASB EC130-04A004, as applicable to your helicopter model, is 
acceptable for compliance with the requirement of this paragraph.
    (2) As an optional terminating action for the requirement of 
paragraph (h)(1) of this AD, install amendment A on FADEC P/N 
C13165DA00PC00.
    (3) As an optional terminating action for the requirement of 
paragraph (h)(1) of this AD, install a FADEC unit having P/N 
C13165DA00 with amendment A, P/N C13165DA00PC00 with amendment A, or 
P/N C13165FA00 with amendment B; or install a FADEC unit other than 
a FADEC unit having P/N C13165DA00, P/N C13165DA00PC00, or P/N 
C13165FA00, that has a serial number below 1736.

(i) New Requirement: Removal of Temporary Revision From the Existing 
RFM for Your Helicopter

    (1) For helicopters that accomplish the optional terminating 
action specified in paragraph (g)(2) or (3) of this AD: Concurrently 
with the installation, before further flight, remove the temporary 
revision to the existing RFM for your helicopter that was inserted 
in accordance with the requirement of paragraph (g)(1) of this AD.
    (2) For helicopters that accomplish the optional terminating 
action specified in paragraph (h)(2) or (3) of this AD: Concurrently 
with the installation, before further flight, remove the temporary 
revision to the existing RFM for your helicopter that was inserted 
in accordance with the requirement of paragraph (h)(1) of this AD.

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(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on 
any helicopter a FADEC identified in paragraph (c) of this AD 
(affected FADEC part).

     Note 2 to paragraph (j):  Removal of an affected FADEC part 
from a helicopter and reinstallation of that same affected FADEC 
part on the same helicopter during the same maintenance visit is not 
considered ``install'' as specified in paragraph (j) of this AD.

(k) Special Flight Permits

    Special flight permits may be issued to operate the helicopter 
to a location where the actions specified in this AD can be 
performed, provided no passengers are onboard.

(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)(1) 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

    (1) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].
    (2) For Airbus Helicopters 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. For Safran Turbomeca service information 
identified in this AD, contact Safran Helicopter Engines, S.A., 
64511 Bordes, France; phone: +33 (0) 5 59 74 45 11. You may view 
this referenced 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.
    (3) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2021-0195, dated August 20, 2021. 
You may view the EASA AD on the internet at https://www.regulations.gov in Docket No. FAA-2021-1166.

    Issued on December 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-28132 Filed 12-27-21; 8:45 am]
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