[Federal Register Volume 87, Number 155 (Friday, August 12, 2022)]
[Proposed Rules]
[Pages 49773-49776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16776]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 87, No. 155 / Friday, August 12, 2022 / 
Proposed Rules  

[[Page 49773]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0988; Project Identifier MCAI-2021-00438-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for Airbus Helicopters Model SA-365N, SA-365N1, AS-365N2, AS 365 N3, EC 
155B, and EC155B1 helicopters. This proposed AD was prompted by reports 
of the cockpit doors failing to open after ditching with inflated 
floats on certain helicopters equipped with an emergency flotation 
system (EFS). This proposed AD would require revising the existing 
Rotorcraft Flight Manual (RFM) for your helicopter, installing 
placards, and depending on your model helicopter, modification of the 
jettisoning system, 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 September 
26, 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 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 EASA material that is proposed for IBR in this NPRM, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]. You may find the EASA material on 
the EASA website at https://ad.easa.europa.eu; internet 
www.easa.europa.eu. For Airbus Helicopters service information 
identified in this NPRM, contact Airbus Helicopters, 2701 North Forum 
Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-
0323; fax (972) 641-3775; or at www.airbus.com/helicopters/services/technical-support.html. 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. The EASA material is 
also available at www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0988.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0988; 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: Darren Gassetto, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7323; 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-2022-0988; Project Identifier 
MCAI-2021-00438-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 
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 
Darren Gassetto, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued a series of ADs, with the most recent being 
EASA AD 2021-0101R1, dated February 25, 2022 (EASA AD 2021-0101R1), to 
correct an unsafe condition for Airbus Helicopters (AH), formerly 
Eurocopter, Eurocopter France, Aerospatiale, Sud Aviation, Model SA

[[Page 49774]]

365 N, SA 365 N1, AS 365 N2, AS 365 N3, EC 155 B, and EC 155 B1 
helicopters.
    EASA initially issued EASA AD 2021-0041, dated January 28, 2021 
(EASA AD 2021-0041), for certain Model SA 365 N, SA 365 N1, AS 365 N2, 
AS 365 N3, EC 155 B, and EC 155 B1 helicopters, which required 
modifying the jettisoning system by installing an external handle on 
the jettison system of the pilot and co-pilot doors on certain Model 
SA/AS 365 helicopters, installing external instruction placards on the 
left-hand (LH) and right-hand (RH) side of the helicopter, and amending 
the RFM. EASA later issued EASA AD 2021-0101, dated April 12, 2021 
(EASA AD 2021-0101), which superseded EASA AD 2021-0041, to also 
address Model AS 365 helicopters with the Airbus Helicopters Forward 
Looking InfraRed (AH FLIR) system installed.
    EASA AD 2021-0101R1 retains the requirements of EASA AD 2021-0101 
and extends the compliance time for Model SA 365 N, SA 365 N1, AS 365 
N2, and AS 365 N3 helicopters, if equipped with the fixed parts of the 
AH FLIR system installation and that are not equipped with an EFS with 
a certain cabin layout where the passage between cabin and cockpit is 
smaller than a Type 4 passage (as defined in EASA AD 2021-0101R1); 
except helicopters that have Airbus Helicopters modification (AH MOD) 
MC90B73 embodied in production.
    This proposed AD was prompted by reports of failure of the cockpit 
doors to open after ditching with inflated floats on certain 
helicopters equipped with an EFS. EASA advises emergency evacuation was 
only possible by jettisoning the hinged doors from the inside or by 
accessing the emergency exits in the cabin. EASA further advises that 
the passage from the cockpit to the cabin may be impaired on 
helicopters with certain interior layouts.
    The FAA is proposing this AD to prevent cockpit doors failing to 
open during an emergency evacuation after an emergency ditching with 
inflated floats, which could result in the prevention of incapacitated 
occupants exiting the helicopter during an emergency from the outside 
by external rescuers. See EASA AD 2021-0101R1 for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0101R1 requires amending the RFM; installing placards 
on the LH and RH side of the helicopter; and for certain helicopters, 
modifying the jettison system by installing an external handle on the 
jettison system of the pilot and co-pilot doors.
    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 (ASB) 
No. AS365-52.00.27, Revision 1, dated June 4, 2021 (AS365-52.00.27, Rev 
1), which specifies procedures for installing labels (placards) on the 
pilot and co-pilot doors. AS365-52.00.27, Rev 1, also specifies 
procedures for installing an external handle on the jettison system.
    The FAA also reviewed Airbus Helicopters ASB No. AS365-52.00.29, 
Revision 1, dated February 9, 2022, ASB No. AS365-52.00.29, Revision 0, 
dated February 10, 2021, and ASB No. EC155-52A033, Revision 0, dated 
September 30, 2020. This service information specifies procedures for 
installing labels (placards) on the pilot and co-pilot doors.
    The FAA also reviewed Airbus Helicopters Flight Manual (FM) SA 365 
N Supplement, SUP.10.4, Normal Revision (NR) 7, date code 20-40; Airbus 
Helicopters FM SA 365 N1 Supplement, SUP.10.4, NR 9, date code 20-40; 
Airbus Helicopters FM AS 365 N2 Supplement, SUP.14, NR 6, date code 20-
40; Airbus Helicopters FM AS 365 N3 Supplement, SUP.14, NR 12, date 
code 20-28; Airbus Helicopters FM EC 155 B Supplement, SUP.14, NR 7, 
date code 20-11; and Airbus Helicopters FM EC 155 B1 Supplement, 
SUP.14, NR 8, date code 20-11. This service information provides 
updated procedures for ditching and emergency evacuation.

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 accomplishing the actions specified 
in EASA AD 2021-0101R1, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and EASA AD 2021-0101R1.''
    This proposed AD would also require revising the existing RFM for 
your helicopter by updating the normal procedures section. 
Incorporating the RFM revision 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) and 14 CFR 91.417(a)(2)(v). The record 
must be maintained as required by 14 CFR 91.417, 121.380, or 135.439.

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 2021-0101R1 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0101R1 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2021-0101R1 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 EASA AD 2021-
0101R1. Service information referenced in EASA AD 2021-0101R1 for 
compliance will be available at www.regulations.gov by searching for 
and locating Docket No. FAA-2022-0988 after the FAA final rule is 
published.

Differences Between This Proposed AD and EASA AD 2021-0101R1

    EASA AD 2021-0101R1 allows using Airbus Helicopters ASB No. AS365-
52.00.27, original issue, dated November 17, 2020 (including Erratum to 
ASB AS365-52.00.27, original issue, dated January 21, 2021); whereas 
this proposed AD would not. This proposed AD would require using Airbus 
Helicopters ASB No. AS365-52.00.27, Revision 1, dated June 4, 2021, 
instead.

[[Page 49775]]

Where paragraph (2) of EASA AD 2021-0101R1 specifies to ``modify the 
helicopter in accordance with the instructions of Section 3 of the 
applicable ASB,'' this proposed AD would require using the instructions 
of Section 3.B. of the applicable ASB.
    EASA AD 2021-0101R1 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 required by this proposed AD would apply to the 
emergency procedures and normal procedures sections 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 and normal procedures proposed by this AD.
    This proposed AD would allow the owner/operator (pilot) holding at 
least a private pilot certificate to revise the existing RFM for your 
helicopter and do the logbook entry, where as EASA AD 2021-0101R1 does 
not specify this. This proposed AD would require these actions to be 
entered into the aircraft records showing compliance with this AD in 
accordance with 14 CFR 43.9(a) and 14 CFR 91.417(a)(2)(v). The record 
must be maintained as required by 14 CFR 91.417, 121.380, or 135.439.
    For certain helicopters, this proposed AD would require revising 
section 4.1, Normal Procedures, of the existing RFM for your helicopter 
to add a check to the RH and LH Cockpit Door Jettison Handles, whereas 
EASA AD 2021-0101R1 does not require that action.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 40 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 would take about 0.25 
work-hour for an estimated cost of $21 per helicopter and $840 for the 
U.S. fleet.
    Installing placards on the pilot and co-pilot doors would take 
about 1 work-hour and parts would cost up to about $138 for an 
estimated cost of up to $223 per helicopter.
    For helicopters with the AH FLIR system installed, installing 
placards on the pilot and co-pilot doors would take about 0.5 work-hour 
and parts would cost about $52 for an estimated cost of $95 per 
helicopter.
    If required, installing an external handle on the jettison system 
would take about 7 work-hours and parts would cost about $1,328 for an 
estimated cost of $1,923 per helicopter and $51,921 for the U.S. fleet 
(27 helicopters).
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators.

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-2022-0988; Project Identifier 
MCAI-2021-00438-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 26, 2022.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Joint Aircraft Service Component (JASC) Codes: 1100, Placards 
and Markings; and 5210, Passenger/Crew Doors.

(e) Unsafe Condition

    This AD was prompted by reports of failure of the cockpit doors 
to open after ditching with inflated floats on certain helicopters 
equipped with an emergency flotation system (EFS). The FAA is 
issuing this AD to inform external rescuers that the cockpit door 
jettison function needs to be utilized to successfully egress 
incapacitated flight crew from the cockpit during an emergency when 
the EFS is activated. This unsafe condition, if not addressed, could 
result in incapacitated occupants not being able to exit the 
helicopter after an emergency ditching with inflated floats.

(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

[[Page 49776]]

Safety Agency (EASA) AD 2021-0101R1, dated February 25, 2022 (EASA 
AD 2021-0101R1) and paragraph (i) of this AD.

(h) Exceptions to EASA AD 2021-0101R1

    (1) Where EASA AD 2021-0101R1 refers to effective dates ``11 
February 2021 [the effective date of EASA AD 2021-0041]'' and ``26 
April 2021 [the effective date of the original issue of this AD],'' 
this AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2021-0101R1 specifies to 
``inform all flight crews and, thereafter, operate the helicopter 
accordingly,'' this AD does not require those actions.
    (3) The action required by paragraph (1) of EASA AD 2021-0101R1 
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) and 14 CFR 91.417(a)(2)(v). The record must be maintained as 
required by 14 CFR 91.417, 121.380, or 135.439.
    (4) Where paragraph (2) of EASA AD 2021-0101R1 specifies to 
``modify the helicopter in accordance with the instructions of 
Section 3 of the applicable ASB,'' for this AD, replace that text 
with, ``modify the helicopter in accordance with Section 3.B. in the 
Accomplishment Instructions of the applicable ASB.''
    (5) Where EASA AD 2021-0101R1 refers to ``ASB AS365-52.00.27'' 
and ``AH ASB AS365-52.00.27 original issue dated 17 November 2020 
(including Erratum to ASB AS365-52.00.27 original issue dated 21 
January 2021),'' this AD requires replacing each instance of that 
text with ``Airbus Helicopters Alert Service Bulletin No. AS365-
52.00.27, Revision 1, dated June 4, 2021.''
    (6) Where the service information referenced in paragraph (2) of 
EASA AD 2021-0101R1 specifies discarding parts, this AD requires 
removing those parts from service.
    (7) Where the service information referenced in paragraph (2) of 
EASA AD 2021-0101R1 specifies to use tooling, this AD allows the use 
of equivalent tooling.
    (8) Where the service information referenced in paragraph (2) of 
EASA AD 2021-0101R1 specifies parking the helicopter in a hangar or 
maintenance hangar, this AD does not require those actions.
    (9) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0101R1.

(i) Required Rotorcraft Flight Manual (RFM) Amendment

    (1) For Group 2 helicopters as defined in EASA AD 2021-0101R1, 
concurrently with accomplishing the actions specified in paragraph 
(1) of EASA AD 2021-0101R1, revise the existing RFM for your 
helicopter by adding the following text at the end of section 4.1, 
Normal Procedures: ``right and left hand Cockpit Door Jettison 
Handles are properly closed and secured.''
    (2) The action required by paragraph (i)(1) of this AD 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) 
and 14 CFR 91.417(a)(2)(v). The record must be maintained as 
required by 14 CFR 91.417, 121.380, or 135.439.

(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)(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.

(k) Related Information

    (1) For EASA AD 2021-0101R1, 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. This material may be found in the AD 
docket at www.regulations.gov by searching for and locating Docket 
No. FAA-2022-0988.
    (2) 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; telephone (516) 228-
7323; email [email protected].
    (3) For Airbus Helicopters service information identified in 
this AD, contact Airbus Helicopters, 2701 North Forum Drive, Grand 
Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax 
(972) 641-3775; or at www.airbus.com/helicopters/services/technical-support.html. 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.

    Issued on July 27, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-16776 Filed 8-11-22; 8:45 am]
BILLING CODE 4910-13-P