[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Rules and Regulations]
[Pages 33632-33634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11957]


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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; 
Amendment 39-22058; AD 2022-11-08]
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 AS350B, AS350BA, AS350B1, AS350B2, AS350B3, 
AS350D, EC130B4, and EC130T2 helicopters. This AD was prompted by the 
identification of certain parts needing maintenance actions, including 
life limits and maintenance tasks. This AD requires incorporating into 
maintenance records requirements (airworthiness limitations), 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 July 8, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 8, 
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
final rule, 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 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-2022-0297.

[[Page 33633]]

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 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: 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:

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 AD therefore does not include 
those helicopters in the applicability.
    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 AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350D, EC130B4, and 
EC130T2 helicopters. The NPRM published in the Federal Register on 
March 28, 2022 (87 FR 17206). The NPRM was prompted by the 
identification of certain parts needing maintenance actions, including 
life limits and maintenance tasks. The NPRM proposed to require 
incorporating into maintenance records requirements (airworthiness 
limitations), as specified in EASA AD 2021-0194R1.
    The FAA is issuing 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.

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 2021-0194R1 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.

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 AD, 
however, requires operators to incorporate into maintenance records 
required by 14 CFR 91.417(a)(2) or 135.439(a)(2), as applicable for 
your helicopter, the requirements (airworthiness limitations) specified 
in a civil aviation authority 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 AD allows 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 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 AD requires 
incorporating into maintenance records requirements (airworthiness 
limitations) within 30 days after the effective date of this AD.

Costs of Compliance

    The FAA estimates that this AD affects 1,191 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. Incorporating requirements (airworthiness limitations) into 
maintenance records requires 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.

[[Page 33634]]

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:

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:

2022-11-08 Airbus Helicopters: Amendment 39-22058; Docket No. FAA-
2022-0297; Project Identifier MCAI-2021-01099-R.

(a) Effective Date

    This airworthiness directive (AD) is effective July 8, 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) 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 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].

(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 2021-0194R1, 
dated October 8, 2021.
    (ii) [Reserved]
    (3) 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 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-2022-0297.
    (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 May 17, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-11957 Filed 6-2-22; 8:45 am]
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