[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Proposed Rules]
[Pages 7768-7770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02769]



[[Page 7768]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0097; Project Identifier MCAI-2021-01115-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 EC 155B and EC155B1 helicopters. This 
proposed AD was prompted by a report of a discrepancy in the rotorcraft 
flight manual (RFM) where the rotorcraft stay-up flying capabilities 
for Category B operation were provided through performance data only, 
not as airworthiness limitations that are dependent upon on the number 
of passengers on board. This proposed AD would require revising the 
existing RFM for your helicopter, 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 March 28, 
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 the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +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. It is also available at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2022-0097.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0097; 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. Comments will be available in the AD 
docket shortly after receipt.

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; phone: (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-2022-0097; Project Identifier 
MCAI-2021-01115-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 proposal.

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 
Andrea Jimenez, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; phone: (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

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0225, dated October 8, 2021 
(EASA AD 2021-0225) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus Helicopters (formerly Eurocopter, Eurocopter France) 
Model EC 155 B and EC 155 B1 helicopters.
    This proposed AD was prompted by a report of a discrepancy in the 
RFM, where rotorcraft stay-up flying capabilities for Category B 
operation were provided through performance data only, but not as 
airworthiness limitations depending on the number of passengers on 
board. The FAA is proposing this AD to address this discrepancy in the 
RFM, which could lead to an incorrect determination of the stay-up 
flying capabilities, possibly resulting in reduced control of the 
helicopter. See EASA AD 2021-0225 for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0225 requires amending (revising) the Limitation 
Section of the applicable RFM by incorporating new weight limitations 
that are dependent upon the number of passengers on board. 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 and Requirements of This Proposed AD

    These helicopters have been approved by EASA and are approved for 
operation

[[Page 7769]]

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

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0225, 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 the MCAI.''

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 2021-0225 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0225 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 the EASA AD 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 the EASA AD. 
Service information specified in EASA AD 2021-0225 that is required for 
compliance with EASA AD 2021-0225 will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0097 after the FAA final rule is published.

Differences Between This Proposed AD and the MCAI

    EASA AD 2021-0225 requires operators to ``inform all flight crew'' 
of revisions to the RFM and, thereafter, to ``operate the helicopter 
accordingly.'' However, this proposed AD would not specifically require 
those actions. Nonetheless, the FAA recommends that flight crews of the 
helicopters listed in the applicability be made aware of the flight 
manual changes.
    14 CFR 91.9 requires that no person may operate a civil aircraft 
without complying with the operating limitations specified in the RFM. 
Therefore, including a requirement in this AD to operate the helicopter 
according to the revised RFM would be redundant and unnecessary. 
Further, compliance with such a requirement in an AD would be 
impracticable to demonstrate or track on an ongoing basis; therefore, a 
requirement to operate the helicopter in such a manner would be 
unenforceable.
    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, whereas EASA AD 2021-0225 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)(1) through (4) and 14 CFR 
91.417(a)(2)(v), and the record to be maintained as required by 14 CFR 
91.417 or 135.439.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 18 helicopters of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hours x $85 per hour = $85............................              $0              $85           $1,530
----------------------------------------------------------------------------------------------------------------

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

[[Page 7770]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Airbus Helicopters: Docket No. FAA-2022-0097; Project Identifier 
MCAI-2021-01115-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 28, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model EC 155B and 
EC155B1 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7600, Engine 
Controls.

(e) Unsafe Condition

    This AD was prompted by a report of a discrepancy in the 
Rotorcraft Flight Manual (RFM) where the rotorcraft stay-up flying 
capabilities for Category B operation were provided through 
performance data only, not as airworthiness limitations that are 
dependent upon the number of passengers on board. The FAA is issuing 
this AD to address this discrepancy in the RFM, which could lead to 
an incorrect determination of the stay-up flying capabilities, 
possibly resulting in reduced control of the helicopter.

(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 
2021-0225, dated October 8, 2021 (EASA AD 2021-0225).

(h) Exceptions to EASA AD 2021-0225

    (1) Where EASA AD 2021-0225 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2021-0225 specifies to 
``inform all flight crew and, thereafter, operate the helicopter 
accordingly,'' this AD does not require those actions.
    (3) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0225.
    (4) Where paragraph (2) of EASA AD 2021-0225 specifies an 
acceptable compliance method, replace the text ``which includes 
information of equal effect to that presented'' with ``which 
includes information identical to that presented.''
    (5) The action required by paragraphs (1) and (2) of EASA AD 
2021-0225 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)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record 
must be maintained as required by 14 CFR 91.417 or 135.439.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199, provided that no passengers are onboard.

(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 2021-0225, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +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-2022-0097.
    (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; phone: (516) 228-7330; 
email: [email protected].

    Issued on February 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02769 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P


