[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Proposed Rules]
[Pages 17206-17208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06425]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0297; Project Identifier MCAI-2021-01099-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 adopt a new airworthiness directive (AD) 
for all Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, 
AS350B3, AS350D, EC130B4, and EC130T2 helicopters. This proposed AD was 
prompted by the identification of certain parts needing maintenance 
actions, including life limits and maintenance tasks. This proposed AD 
would require incorporating into maintenance records requirements 
(airworthiness limitations), 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 May 12, 
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 that is proposed for IBR in this AD, contact 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. This material is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0297.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0297; 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.

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-2022-0297; Project Identifier 
MCAI-2021-01099-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

[[Page 17207]]

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 that is not specifically designated as CBI will 
be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0194R1, dated October 8, 2021 
(EASA AD 2021-0194R1), to correct an unsafe condition for all Airbus 
Helicopters, formerly Eurocopter, Eurocopter France, and Aerospatiale, 
Model AS 350 B, AS 350 BA, AS 350 BB, AS 350 B1, AS 350 B2, AS 350 B3, 
AS 350 D, EC 130 B4, and EC 130 T2 helicopters. Model AS 350 BB 
helicopters are not certificated by the FAA and are not included on the 
U.S. type certificate data sheet; this proposed AD therefore does not 
include those helicopters in the applicability.
    This proposed AD was prompted by the identification of certain 
parts needing maintenance actions, including life limits and 
maintenance tasks. The FAA is proposing this AD to address the failure 
of certain parts, which could result in the loss of control of the 
helicopter. See EASA AD 2021-0194R1 for additional background 
information.

Relationship Between Proposed AD and ADs 2011-22-05 R1 and 2016-25-20

    This NPRM would not propose to supersede AD 2011-22-05 R1, 
Amendment 39 17765 (79 FR 14169, March 13, 2014) (AD 2011-22-05 R1); 
and AD 2016-25-20, Amendment 39-18746 (81 FR 94954, December 27, 2016) 
(AD 2016-25-20). Rather, the FAA has determined that a stand-alone AD 
would be more appropriate to address the changes in the EASA AD. This 
proposed AD would require incorporating into maintenance records 
requirements (airworthiness limitations). Accomplishment of the 
proposed actions would then terminate all of the requirements of AD 
2011-22-05 for Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, and 
AS350D helicopters only; and all requirements of AD 2016-25-20 for 
Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350D, EC130B4, and 
EC130T2 helicopters only.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0194R1 requires certain actions and associated 
thresholds and intervals, including life limits and maintenance tasks.
    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 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 these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require incorporating into maintenance 
records requirements (airworthiness limitations), which are specified 
in EASA AD 2021-0194R1 described previously, except as discussed under 
``Differences Between this Proposed AD and the EASA AD.''

ADs Mandating Airworthiness Limitations

    The FAA has previously mandated airworthiness limitations by 
mandating each airworthiness limitation task (e.g., inspections and 
replacements (life limits)) as an AD requirement or issuing ADs that 
require revising the airworthiness limitations section (ALS) of the 
existing maintenance manual or instructions for continued airworthiness 
to incorporate new or revised inspections and life limits. This 
proposed AD, however, would require operators to incorporate into 
maintenance records required by 14 CFR 91.417(a)(2) or 135.439(a)(2), 
as applicable for your rotorcraft, the requirements (airworthiness 
limitations) specified in an EASA AD. The FAA does not intend this as a 
substantive change. For these ADs, the ALS requirements for operators 
are the same but are complied with differently. Requiring the 
incorporation of the new ALS requirements into the maintenance records, 
rather than requiring individual ALS tasks (e.g., repetitive 
inspections and replacements), requires operators to record AD 
compliance once after updating the maintenance records, rather than 
after every time the ALS task is completed.
    In addition, paragraph (h) of this proposed AD would allow 
operators to incorporate later approved revisions of the ALS document 
as specified in the Ref. Publications section of EASA AD 2021-0194R1 
without the need for an alternative method of compliance (AMOC).

Differences Between This Proposed AD and the EASA AD

    Paragraph (1) of EASA AD 2021-0194R1 requires compliance with 
actions and associated thresholds and intervals, including life limits 
and maintenance tasks, from September 3, 2021, the effective date of 
EASA AD 2021-0194, dated August 20, 2021 (EASA AD 2021-0194). Paragraph 
(3) of EASA AD 2021-0194R1 requires incorporating the actions and 
associated thresholds and intervals, including life limits and 
maintenance tasks, into the approved maintenance program within 12 
months after the effective date of EASA AD 2021-0194. This proposed AD 
would require incorporating into maintenance records requirements 
(airworthiness limitations) within 30 days after the effective date of 
this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2021-0194R1 by reference in the FAA 
final rule. Service information referenced in EASA AD 2021-0194R1 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0297 after the FAA final 
rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,191

[[Page 17208]]

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. Incorporating requirements 
(airworthiness limitations) into maintenance records would require 
about 2 work-hours for a cost of $170 per helicopter and a cost of 
$202,470 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

    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 above, 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 adding the following new airworthiness 
directive:

Airbus Helicopters: Docket No. FAA-2022-0297; Project Identifier 
MCAI-2021-01099-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 12, 2022.

(b) Affected ADs

    This AD affects AD 2011-22-05 R1, Amendment 39-17765 (79 FR 
14169, March 13, 2014) (AD 2011-22-05 R1); and AD 2016-25-20, 
Amendment 39-18746 (81 FR 94954, December 27, 2016) (AD 2016-25-20).

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS350B, AS350BA, 
AS350B1, AS350B2, AS350B3, AS350D, EC130B4, and EC130T2 helicopters, 
certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Codes: 2400, Electrical 
Power System; 2800, Aircraft Fuel System; 2900, Hydraulic Power 
System; 5200, Doors; 5300, Fuselage Structure; 6200, Main Rotor 
System; 6300, Main Rotor Drive System; 6400, Tail Rotor System; 
6500, Tail Rotor Drive System; and 6700, Rotorcraft Flight Control.

(e) Unsafe Condition

    This AD was prompted by the identification of certain parts 
needing maintenance actions, including life limits and maintenance 
tasks. The FAA is issuing this AD to address the failure of certain 
parts, which could result in the loss of control of the helicopter.

(f) Compliance

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

(g) Required Actions

    Within 30 days after the effective date of this AD, incorporate 
into maintenance records required by 14 CFR 91.417(a)(2) or 
135.439(a)(2), as applicable for your rotorcraft, the requirements 
(airworthiness limitations) specified in paragraph (1) of European 
Union Aviation Safety Agency (EASA) AD 2021-0194R1, dated October 8, 
2021 (EASA AD 2021-0194R1).

(h) Provisions for Alternative Requirements (Airworthiness Limitations)

    After the action required by paragraph (g) of this AD has been 
done, no alternative requirements (airworthiness limitations) are 
allowed unless they are approved as specified in the provisions of 
the ``Ref. Publications'' section of EASA AD 2021-0194R1.

(i) Terminating Action for ADs 2011-22-05 R1 and 2016-25-20

    (1) Accomplishing the actions required by this AD terminates all 
requirements of AD 2011-22-05 R1 for Model AS350B, AS350BA, AS350B1, 
AS350B2, AS350B3, and AS350D helicopters only.
    (2) Accomplishing the actions required by this AD terminates all 
requirements of AD 2016-25-20 for Model AS350B, AS350BA, AS350B1, 
AS350B2, AS350B3, AS350D, EC130B4, and EC130T2 helicopters only.

(j) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are prohibited.

(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)(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 2021-0194R1, contact 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. 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-2022-0297.
    (2) 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].

    Issued on March 22, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-06425 Filed 3-25-22; 8:45 am]
BILLING CODE 4910-13-P