[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7695-7698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02759]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1181; Project Identifier MCAI-2021-00562-R; 
Amendment 39-21901; AD 2022-02-04]
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 adopting a new airworthiness directive (AD) for 
certain Airbus Helicopters Model AS350B, AS350B2, AS350B3, and AS350BA 
helicopters. This AD was prompted by a report that a modification of 
the electrical wiring of the hydraulic system was wrongly embodied on 
certain helicopters, and a wiring non-conformity caused the solenoid of 
the tail rotor (TR) load compensator to de-energize when the ``HYD'' 
cut-off switch was activated. This AD requires installing a placard in 
the cockpit, in full view of the pilots; a functional check of the main 
rotor (MR) and TR servo actuator solenoids, and corrective actions 
(modification) if necessary; a modification (unless already done); and, 
after corrective actions or modification, optional removal of the 
placard, 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 becomes effective February 25, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 25, 
2022.
    The FAA must receive comments on this AD by March 28, 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 material incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +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 on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2021-1181.

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-2021-
1181; 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: Darren Gassetto, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; phone: (516) 228-7323; email: [email protected].

[[Page 7696]]


SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD 2021-0123-E, dated May 7, 
2021 (EASA AD 2021-0123-E) (also referred to as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for certain Airbus Helicopters Model AS350B, AS350B2, 
AS350B3, and AS350BA helicopters.
    This AD was prompted by a report that a modification of the 
electrical wiring of the hydraulic system was wrongly embodied on 
certain helicopters, and a wiring non-conformity caused the solenoid of 
the TR load compensator to de-energize when the ``HYD'' cut-off switch 
was activated. The FAA is issuing this AD to address the unsafe 
condition, which if not corrected, could lead to loss of hydraulic 
power in TR control during application of the emergency procedure for 
loss of MR hydraulic, or during hydraulic off training when the ``HYD'' 
cut-off switch is activated, possibly resulting in loss of control of 
the helicopter. See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2021-0123-E specifies procedures for installing a placard 
in the cockpit, in full view of the pilots; a functional check of the 
MR and TR servo actuator solenoids, and corrective actions 
(modification) if necessary; a modification (unless already done); and, 
after corrective actions or modification, optional removal of the 
placard. 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 products have been approved by the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the State of Design 
Authority, the FAA has been notified of the unsafe condition described 
in the MCAI referenced above. The FAA is issuing this AD after 
evaluating all pertinent information and determining that the unsafe 
condition exists and is likely to exist or develop on other products of 
the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2021-0123-E, described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities to use this process. As a result, EASA AD 2021-0123-E will 
be incorporated by reference in the FAA final rule. This AD would, 
therefore, require compliance with EASA AD 2021-0123-E 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 the EASA AD 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 specified in EASA AD 2021-0123-E that 
is required for compliance with EASA AD 2021-0123-E is available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-1181.

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.
    There are currently no domestic operators of these products. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
foregoing reasons, 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.

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-2021-1181; Project Identifier MCAI-
2021-00562-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 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 Darren 
Gassetto, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; phone: (516) 228-
7323; 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.

[[Page 7697]]

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 prior notice and comment, RFA analysis is not 
required.

Costs of Compliance

    Currently, there are no affected U.S.-registered helicopters. If an 
affected helicopter is imported and placed on the U.S. Register in the 
future, the FAA provides the following cost estimates to comply with 
this AD:

                                                 Estimated Costs
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                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
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Install Placard............................  1 work-hour x $85 per hour = $85...              $0             $85
Functional Check...........................  1 work-hour x $85 per hour = $85...               0              85
Modification...............................  2 work-hours x $85 per hour = $170.             500             670
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    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required inspections. The FAA has no way of determining the number of 
helicopters that might need this on-condition action:

                                               On-Condition Costs
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                                                                                                     Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Modification..............................  2 work-hours x $85 per hour = $170            $500             $670
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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 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 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 adding the following new airworthiness 
directive:

2022-02-04 Airbus Helicopters: Amendment 39-21901; Docket No. FAA-
2021-1181; Project Identifier MCAI-2021-00562-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 25, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS350B, AS350B2, 
AS350B3, and AS350BA helicopters, certificated in any category, 
serial numbers 1241, 1525, 1601, 1708, 1825, 1910, 1973, 2056, 2072, 
2361, 2394, 3170, 3223, 3479, 3789, 9005, 9010, and 9035.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2997, Hydraulic 
Power System Wiring.

(e) Unsafe Condition

    This AD was prompted by a report that a modification of the 
electrical wiring of the hydraulic system was wrongly embodied on 
certain helicopters, and a wiring non-conformity caused the solenoid 
of the tail rotor (TR) load compensator to de-energize when the 
``HYD'' cut-off switch was activated. The FAA is issuing this AD to 
address the unsafe condition, which if not corrected, could lead to 
loss of hydraulic power in TR control during application of the 
emergency procedure for loss of main rotor (MR) hydraulic, or during 
hydraulic off training when the ``HYD'' cut-off switch is activated, 
possibly resulting in loss of control of the helicopter.

(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) 
Emergency AD 2021-0123-E, dated May 7, 2021 (EASA AD 2021-0123-E).

[[Page 7698]]

(h) Exceptions to EASA AD 2021-0123-E

    (1) Where EASA AD 2021-0123-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0123-E does not 
apply to this AD.
    (3) Where EASA AD 2021-0123-E refers to flight hours (FH), this 
AD requires using hours time-in-service.
    (4) Where Paragraph (1) of EASA AD 2021-0123-E specifies ``do 
not perform any training of in-flight hydraulic off as specified in 
FMS SUP.7,'' this AD requires installing a placard in the cockpit, 
in full view of the pilots, with the specific statement ``Do not 
perform any training of in-flight hydraulic off as specified in FMS 
SUP.7.''
    (5) Where EASA AD 2021-0123-E refers to ``discrepancies,'' for 
the purposes of this AD the definition of ``discrepancies'' is 
failure of the functional check.
    (6) Where the service information referenced in EASA AD 2021-
0123-E specifies to scrap certain wires, this AD requires removing 
those wires from service.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-
0123-E 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 Darren Gassetto, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; phone: (516) 228-7323; 
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) Emergency AD 
2021-0123-E, dated May 7, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0123-E, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-1181.
    (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 January 6, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02759 Filed 2-9-22; 8:45 am]
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