[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Rules and Regulations]
[Pages 68618-68621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24876]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0988; Project Identifier MCAI-2021-00438-R; 
Amendment 39-22217; AD 2022-22-02]
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 
Airbus Helicopters Model SA-365N, SA-365N1, AS-365N2, AS 365 N3, EC 
155B, and EC155B1 helicopters. This 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 AD requires 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 incorporated 
by reference (IBR). The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective December 21, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 21, 
2022.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
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 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.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email [email protected]; internet easa.europa.eu. 
You may find the EASA material on the EASA website at 
ad.easa.europa.eu.
     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. It is also available at 
regulations.gov under Docket No. FAA-2022-0988.
    Other Related Service Information: For Airbus Helicopters service 
information identified in this final rule, contact Airbus Helicopters, 
2701 North Forum Drive, Grand Prairie, TX 75052, United States; phone: 
(972) 641-0000 or (800) 232-0323; fax (972) 641-3775; email: 
[email protected]; website: airbus.com/helicopters/services/technical-support.html.

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:

[[Page 68619]]

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 365 
N, SA 365 N1, AS 365 N2, AS 365 N3, EC 155 B, and EC 155 B1 
helicopters.
    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 SA-365N, SA-365N1, AS-365N2, AS 365 N3, EC 155B, and EC155B1 
helicopters. The NPRM published in the Federal Register on August 12, 
2022 (87 FR 49773). The NPRM 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 NPRM proposed to require 
revising the existing RFM for your helicopter, installing placards, and 
depending on your model helicopter, modification of the jettisoning 
system, as specified in EASA AD 2021-0101R1.
    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. See EASA AD 2021-0101R1 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 of the 
unsafe condition described in the EASA AD referenced above. 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. This AD is 
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0101R1 requires amending the RFM; installing placards 
on the left-hand (LH) and right-hand (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.

Differences Between This AD and the EASA AD

    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 AD does not. This AD requires using AS365-52.00.27, Rev 1 instead. 
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 AD requires 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 AD does 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 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 specified by this AD.
    This AD allows the owner/operator (pilot) holding at least a 
private pilot certificate to revise the existing RFM for your 
helicopter and do the logbook entry, whereas EASA AD 2021-0101R1 does 
not specify this. This AD requires 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 AD requires 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 affects 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 AD.
    Revising the existing RFM for your helicopter takes 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 takes about 1 
work-hour and parts cost up to about $138 for an estimated cost of up 
to $223 per helicopter.
    For helicopters with the Airbus Helicopters Forward Looking 
InfraRed (AH FLIR) system installed, installing placards on the pilot 
and co-pilot doors

[[Page 68620]]

takes about 0.5 work-hour and parts cost about $52 for an estimated 
cost of $95 per helicopter.
    If required, installing an external handle on the jettison system 
takes about 7 work-hours and parts 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 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

    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:

2022-22-02 Airbus Helicopters: Amendment 39-22217; Docket No. FAA-
2022-0988; Project Identifier MCAI-2021-00438-R.

(a) Effective Date

    This airworthiness directive (AD) is effective December 21, 
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 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.

[[Page 68621]]

(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) Additional 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; telephone (516) 228-
7323; email [email protected].

(l) 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 2021-0101R1, 
dated February 25, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2021-0101R1, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet easa.europa.eu. You may find the EASA 
material on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at 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.
    (5) You may view this service information 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 12, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-24876 Filed 11-15-22; 8:45 am]
BILLING CODE 4910-13-P