Airworthiness Directives; Airbus Helicopters, 17206-17208 [2022-06425]
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Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Proposed Rules
prevent structural failure of an elevator,
which could lead to loss of glider control.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
Issued on March 22, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–06390 Filed 3–25–22; 8:45 am]
BILLING CODE 4910–13–P
(g) Actions
Within 30 days after the effective date of
this AD and thereafter at intervals not to
exceed 12 months or 500 flight cycles,
whichever occurs first, inspect the glue joint
between elevator rib number 1 and the
plywood skin for damage by following
section 3 of Alexander Schleicher GmbH &
Co. Segelflugzeugbau Appendix 01–2021,
Flight and Operating Manual, dated March 1,
2021. For purposes of this AD, a flight cycle
would be counted anytime the glider
launches and then lands. If there is any
damage on the glue joint, repair before
further flight.
(h) 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 (i)(1) of this AD and
email to: 9-AVS-AIR-730-AMOC@faa.gov.
(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.
jspears on DSK121TN23PROD with PROPOSALS1
(i) Related Information
(1) For more information about this AD,
contact Jim Rutherford, Aviation Safety
Engineer, General Aviation & Rotorcraft
Section, International Validation Branch,
FAA, 901 Locust, Room 301, Kansas City,
MO 64106; phone: (816) 329–4165; email:
jim.rutherford@faa.gov.
(2) Refer to European Union Aviation
Safety Agency (EASA) AD 2021–0230, dated
October 14, 2021, for related information.
You may examine the EASA AD in the AD
docket at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2022–0293.
(3) For service information identified in
this AD, contact Alexander Schleicher GmbH
& Co. Segelflugzeugbau, AlexanderSchleicher-Str. 1, Poppenhausen, Germany
D–36163; phone: +49 (0) 06658 89–0; email:
info@alexander-schleicher.de; website:
https://www.alexander-schleicher.de. You
may view this service information at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
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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
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; internet
www.easa.europa.eu. You may find this
SUMMARY:
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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
andrea.jimenez@faa.gov.
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
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Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Proposed Rules
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
andrea.jimenez@faa.gov. Any
commentary that the FAA receives that
is not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
jspears on DSK121TN23PROD with PROPOSALS1
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
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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)
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17207
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
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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.
jspears on DSK121TN23PROD with PROPOSALS1
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:
VerDate Sep<11>2014
16:45 Mar 25, 2022
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PART 39—AIRWORTHINESS
DIRECTIVES
specified in the provisions of the ‘‘Ref.
Publications’’ section of EASA AD 2021–
0194R1.
1. The authority citation for part 39
continues to read as follows:
(i) Terminating Action for ADs 2011–22–05
R1 and 2016–25–20
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 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
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(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: 9-AVS-AIR730-AMOC@faa.gov.
(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 ADs@easa.europa.eu; 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
andrea.jimenez@faa.gov.
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]
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Agencies
[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]
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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]
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