[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Proposed Rules]
[Pages 9277-9280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03515]



[[Page 9277]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0102; Project Identifier MCAI-2021-00841-R]
RIN 2120-AA64


Airworthiness Directives; Airbus 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) 
2021-05-05, which applies to all Airbus Helicopters Model SA-365N1, AS-
365N2, AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters. AD 2021-
05-05 requires modifying the helicopter by replacing the tail rotor 
gearbox (TGB) control shaft guide bushes; repetitive inspections 
(checks) of the oil level of the TGB and, if necessary, filling the oil 
to the maximum level; repetitive inspections of the TGB magnetic plug 
and corrective actions if necessary; repetitive replacements of a 
certain control rod double bearing (bearing); and modifying the 
helicopter by replacing the TGB. Since the FAA issued AD 2021-05-05, 
the FAA determined that the magnetic plug inspection interval must be 
reduced and the compliance time for replacement of the affected part 
must be reduced. This proposed AD would continue to require certain 
actions in AD 2021-05-05; and would also reduce the intervals of the 
magnetic plug inspection, revise the corrective actions if particles 
are detected, and revise the compliance time for replacement of the 
affected part, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is proposed for incorporation by reference (IBR). 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 April 4, 
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 http://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 that is proposed for 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 IBR 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-2022-0102.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0102; 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 EASA 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, Compliance & Airworthiness Division, FAA, 
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2022-0102; 
Project Identifier MCAI-2021-00841-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 Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; telephone (202) 267-9167; 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 2021-05-05, Amendment 39-21448 (86 FR 13972, 
March 12, 2021) (AD 2021-05-05), for all Airbus Helicopters Model SA-
365N1, AS-365N2, AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters. 
AD 2021-05-05 requires repetitive checks of the oil level of the TGB 
and if necessary, filling the oil to the maximum level. AD 2021-05-05 
also requires modifying the helicopter by replacing the TGB control 
shaft guide bushes; repetitive inspections of the TGB magnetic plug and 
corrective actions if necessary; repetitive replacements of the 
bearing; and modifying the helicopter by replacing the TGB. AD 2021-05-
05 was prompted by EASA AD 2017-0125, dated July 21, 2017 (EASA AD 
2017-0125), issued by EASA, which is the Technical Agent for the Member 
States of the European Union, to correct an unsafe condition for all 
Airbus Helicopters Model SA 365 N1, AS 365 N2, AS 365 N3, SA 366 G1, EC 
155 B, and EC 155 B1 helicopters. EASA AD 2017-0125 superseded EASA AD 
2017-0007, dated January 13, 2017,

[[Page 9278]]

which superseded EASA AD 2016-0097R1, dated May 25, 2016.
    EASA AD 2017-0125 added helicopters to the applicability, added 
repetitive inspections of the magnetic plug after bearing replacement, 
required the use of the revised service information instructions, and 
required replacement of the TGB with a modified unit, which terminated 
the repetitive inspections.

Actions Since AD 2021-05-05 Was Issued

    Since the FAA issued AD 2021-05-05, EASA issued EASA AD 2021-0171, 
dated July 19, 2021 (EASA AD 2021-0171), which supersedes EASA AD 2017-
0125. EASA advises that additional testing of the affected TGB 
determined that the magnetic plug inspection interval must be reduced 
to allow timely detection of an impending TGB bearing failure. EASA 
further advises Airbus Helicopters published updated service 
information, which includes the new inspection interval, and amends the 
criteria for corrective action following particle detection.
    Accordingly, EASA AD 2021-0171 retains the requirements of EASA 
2017-0125 and requires inspection of the TGB magnetic plug at reduced 
intervals, and depending on the inspection results, accomplishing the 
corrective actions using the updated service information. EASA AD 2021-
0171 also revises the calendar compliance time for replacement of 
affected parts, and revises the applicability by removing the reference 
to Model SA 366 G1 helicopters, for which the EASA type certificate has 
been surrendered.
    This proposed AD was prompted by a report where during a landing 
phase, a helicopter lost tail rotor pitch control, which caused 
significant damage to the TGB bearing. This AD was also prompted by the 
determination that reduced inspection intervals, updated corrective 
actions, and a revised compliance time for replacement of affected 
parts are necessary to address the unsafe condition. Furthermore, the 
FAA determined that the magnetic plug inspection interval must be 
reduced based on additional testing of the affected part by the 
manufacturer, and the compliance time for replacement of the affected 
part must be reduced.
    Accordingly, the FAA is proposing this AD to prevent damage to the 
bearing, which could result in loss of yaw control of the helicopter. 
See EASA AD 2021-0171 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0171 specifies procedures for modifying the helicopter 
by replacing TGB control shaft guide bushes, and specifies procedures 
for repetitive inspections of the oil level of the TGB, and if 
necessary, filling the oil to the maximum level. EASA AD 2021-0171 also 
describes procedures for repetitive inspections of the TGB magnetic 
plug for the presence of particles and updated corrective actions if 
necessary (corrective actions include removing the TGB; complying with 
certain work cards to address any particles found, and other conditions 
such as abrasions, scales, flakes, and splinters; placing the 
helicopter under close monitoring; and if required replacing any 
affected bearing); initial and repetitive replacements of the bearing 
with an improved part; and modifying the helicopter by replacing the 
TGB bearing or replacing the TGB. EASA AD 2021-0171 specifies replacing 
the TGB bearing is a terminating action for the repetitive inspections 
of the magnetic plug; and replacing the TGB is a terminating action for 
the repetitive inspections of the magnetic plug, and the repetitive 
replacements of the bearing. EASA AD 2021-0171 also prohibits 
installing a certain bearing or a certain TGB on any helicopter.
    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.

Other Related Service Information

    The FAA reviewed Airbus Helicopters Alert Service Bulletin No. 
AS365-01.00.67 (ASB AS365-01.00.67 Rev 6) and Airbus Helicopters Alert 
Service Bulletin No. EC155-04A014 (ASB EC155-04A014 Rev 6), both 
Revision 6, and both dated June 14, 2021. ASB AS365-01.00.67 Rev 6 and 
ASB EC155-04A014 Rev 6 both specify procedures for replacement of the 
TGB bearing before mod 07 65B63 installation, inspection of the TGB 
magnetic plug, removing the control shaft/rod assembly to inspect the 
bearing, and maintaining the TGB operating oil at the maximum level, 
and specify the monitoring criteria of the bearing.
    The FAA also reviewed Eurocopter Service Bulletin AS365 No. 
65.00.17, and Eurocopter Service Bulletin EC155 No. 65-006, both 
Revision 1 and both dated February 23, 2011. Both service bulletins 
specify instructions for introducing Eurocopter (EC) mod 07 65B58.

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 design.

Proposed AD Requirements

    This proposed AD would retain certain actions required by AD 2021-
05-05 and would require accomplishing the actions specified in EASA AD 
2021-0171 described previously, as incorporated by reference, except 
for any differences as discussed under ``Differences Between this 
Proposed AD and EASA AD 2021-0171.
    This proposed AD would also allow the oil level inspections 
(checks) to be performed by the owner/operator (pilot) holding at least 
a private pilot certificate and must be entered into the aircraft 
records showing compliance with this proposed AD in accordance with 14 
CFR 43.9 (a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record must 
be maintained as required by 14 CFR 91.417 or 135.439.

Differences Between This Proposed AD and EASA AD 2021-0171

    EASA AD 2021-0171 revises the applicability by removing the 
reference to Model SA 366 G1 helicopters because the EASA type 
certificate has been surrendered. However, Model SA-366G1 helicopters 
are still on the U.S. type certificate data sheet, even though there 
are no current U.S. operators. Therefore, this proposed AD includes 
Model SA-366G1 helicopters.

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 2021-0171 will be 
incorporated by reference in the FAA final rule. This proposed AD 
would, therefore, require compliance with EASA AD 2021-0171 in its 
entirety, through that incorporation, except for any differences 
identified as

[[Page 9279]]

exceptions in the regulatory text of this proposed 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 
2021-0171 that is required for compliance with EASA AD 2021-0171 will 
be available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0102 after the FAA final 
rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 50 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:

                                  Estimated Costs for Retained Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                   Cost on U.S.
              Action                      Labor cost         Parts cost       Cost per product         fleet
----------------------------------------------------------------------------------------------------------------
Replace guide bushes..............  4.00 work-hours x $85          $1,586  $1,926 per                    $96,300
                                     per hour = $340.                       replacement.
Daily oil level inspection........  1.00 work-hour x $85                0  $85 per inspection              4,250
                                     per hour = $85.                        cycle.
Recurring plug inspection.........  1.00 work-hour x $85                0  $85 per inspection              4,250
                                     per hour = $85.                        cycle.
Inspect bearing...................  8.00 work-hours x $85               0  $680 per inspection..          34,000
                                     per hour = $680.
Replace bearing...................  48.00 work-hours x                377  $4,457 per                    222,850
                                     $85 per hour =                         replacement.
                                     $4,080.
Replace TGB.......................  8.00 work-hours x $85         155,302  $155,982 per                7,799,100
                                     per hour = $680.                       replacement.
----------------------------------------------------------------------------------------------------------------

    This proposed AD does not add new required actions; however, the 
compliance times for certain actions have been reduced and a certain 
on-condition action has been revised.

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 4 work-hours $85 per hour = $340..  Up to $1,395......................  Up to $1,735.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
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 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

    The FAA has 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 above, I certify that the 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 (AD) 2021-05-05, Amendment 39-21448 
(86 FR 13972, March 12, 2021); and
0
b. Adding the following new AD:

Airbus Helicopters: Docket No. FAA-2022-0102; Project Identifier 
MCAI-2021-00841-R.

[[Page 9280]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by April 4, 2022.

(b) Affected ADs

    This AD replaces AD 2021-05-05, Amendment 39-21448 (86 FR 13972, 
March 12, 2021) (AD 2021-05-05).

(c) Applicability

    This AD applies to Airbus Helicopters Model SA-365N1, AS-365N2, 
AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters, all serial 
numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6500, Tail Rotor 
Drive System.

(e) Unsafe Condition

    This AD was prompted by a report where during a landing phase, a 
helicopter lost tail rotor pitch control, which was caused by 
significant damage to the tail rotor gearbox (TGB) control rod 
double bearing (bearing). This AD was also prompted by the 
determination that reduced inspection intervals, updated corrective 
actions, and increased compliance time for replacement of affected 
parts are necessary to address the unsafe condition. The FAA is 
issuing this AD to prevent damage to the bearing, which if not 
addressed, could result in loss of yaw control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) For Model SA-365N1, AS-365N2, AS 365 N3, EC 155B, and 
EC155B1 helicopters: 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 2021-0171, dated July 19, 2021 (EASA AD 2021-0171).
    (2) For Model SA-366G1 helicopters: Before further flight after 
the effective date of this AD, accomplish the actions (e.g., modify 
the helicopter by replacing the TGB control shaft guide bushes, do 
repetitive inspections of the TGB magnetic plug and applicable 
corrective actions; do repetitive replacements of a certain bearing; 
and modify the helicopter by replacing the TGB) specified in 
paragraph (g)(l) of this AD using a method approved by the FAA.

(h) Exceptions to EASA AD 2021-0171

    (1) Where EASA AD 2021-0171 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0171 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (3) Where EASA AD 2021-0171 requires action after the last 
flight of the day or ``ALF,'' this AD requires those actions before 
the first flight of the day.
    (4) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0171.
    (5) Where paragraph (2) of EASA AD 2021-0171 requires 
inspections (checks) to be done ``in accordance with the 
instructions of Paragraph 3.B.1 of the applicable inspection ASB,'' 
for this AD, those instructions are for reference only and are not 
required for the actions in paragraph (2) of EASA AD 2021-0171. The 
inspections (checks) required by paragraph (2) of EASA AD 2021-0171 
may be performed by the owner/operator (pilot) holding at least a 
private pilot certificate and must be entered into the aircraft 
records showing compliance with this AD in accordance with 14 CFR 
43.9 (a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record must 
be maintained as required by 14 CFR 91.417 or 135.439.
    (6) Where paragraph (5) of EASA AD 2021-0171 specifies ``if any 
discrepancy is detected, as defined in the applicable inspection 
ASB, before next flight, accomplish the applicable corrective 
action(s) in accordance with the instructions of Paragraph 3.B.1 of 
the applicable inspection ASB,'' for this AD, a qualified mechanic 
must add oil to the TGB to the ``max'' level if the oil level is not 
at maximum. The instructions are for reference only and are not 
required for the actions in paragraph (5) of EASA AD 2021-0171.
    (7) Where paragraph (6) of EASA AD 2021-0171 refers to ``any 
discrepancy,'' for this AD, discrepancies include the presence of 
particles and other conditions such as abrasions, scales, flakes, 
and splinters.
    (8) Where the service information referred to in EASA AD 2021-
0171 specifies to perform a metallurgical analysis and contact the 
manufacturer if collected particles are not clearly characterized, 
this AD does not require contacting the manufacturer to determine 
the characterization of the particles collected.
    (9) Although service information referenced in EASA AD 2021-0171 
specifies to scrap parts, this AD does not include that requirement.
    (10) Although service information referenced in EASA AD 2021-
0171 specifies reporting information to Airbus Helicopters, filling 
in a ``particle detection'' follow-up sheet, and returning a 
``bearing monitoring sheet'' to Airbus Helicopters, this AD does not 
include those requirements.
    (11) Although service information referenced in EASA AD 2021-
0171 specifies returning certain parts to an approved workshop and 
returning certain parts to Airbus Helicopters, this AD does not 
include those requirements.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0171 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 provided that there are no passengers onboard.

(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 certification office, send it to the 
attention of the person identified in paragraph (l)(2) 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

    (1) For EASA AD 2021-0171, 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 EASA 
AD 2021-0171 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. This material may be found in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0102.
    (2) 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; telephone (202) 267-9167; email [email protected].

    Issued on February 11, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-03515 Filed 2-17-22; 8:45 am]
BILLING CODE 4910-13-P