[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Proposed Rules]
[Pages 39019-39022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13863]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0805; Project Identifier MCAI-2021-00951-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus Helicopters Model AS355E, AS355F, AS355F1, AS355F2, 
AS355N, and AS355NP 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 August 15, 
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 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]; internet www.easa.europa.eu. You 
may find the EASA material on the EASA website at https://ad.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 https://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 https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0805.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0805; 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: Kristi Bradley, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Parkway, Fort Worth, TX 
76177; telephone (817) 222-5110; 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-2022-0805; Project Identifier 
MCAI-2021-00951-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

[[Page 39020]]

(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 Kristi Bradley, Program 
Manager, COS Program Management Section, Operational Safety Branch, 
Compliance & Airworthiness Division, FAA, 10101 Hillwood Parkway, Fort 
Worth, TX 76177; telephone (817) 222-5110; 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 2021-0193, dated August 20, 2021 
(EASA AD 2021-0193) to correct an unsafe condition for Airbus 
Helicopters (AH), formerly Eurocopter, Eurocopter France, and 
Aerospatiale, Model AS 355 E, AS 355 F, AS 355 F1, AS 355 F2, AS 355 N, 
and AS 355 NP helicopters, all serial numbers. EASA AD 2021-0193 
requires accomplishment of the actions in the applicable Airworthiness 
Limitations Section (ALS) as defined in EASA AD 2021-0193.
    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 2021-0193 for additional background 
information.

Relationship Between Proposed AD and Other Relevant Rulemaking

    EASA AD 2021-0193 also states that it takes over the requirements 
for Model AS 355 helicopters from EASA AD 2010-0006, dated January 7, 
2010 (EASA AD 2010-0006) (which prompted FAA AD 2011-22-05 R1, 
Amendment 39-17765 (79 FR 14169, March 13, 2014) (AD 2011-22-05 R1)) 
and EASA AD 2015-0094, dated May 29, 2015 (EASA AD 2015-0094) (which 
prompted FAA AD 2016-25-20, Amendment 39-18746 (81 FR 94954, December 
27, 2016) (AD 2016-25-20)). EASA AD 2021-0193 notes that the 
requirements of EASA AD 2010-0006 and EASA AD 2015-0094 have been 
incorporated into the applicable ALS specified in EASA AD 2021-0193.
    Accordingly, this NPRM would not propose to supersede AD 2011-22-05 
R1, or AD 2016-25-20. Rather, the FAA has determined that a stand-alone 
AD would be more appropriate to address the changes in EASA AD 2021-
0193. Therefore, this proposed AD would require incorporating into 
maintenance records requirements (airworthiness limitations), as 
specified in the applicable ALS, as defined in EASA AD 2021-0193. 
Accomplishment of the proposed actions would then terminate all of the 
requirements of AD 2011-22-05 R1 and AD 2016-25-20 for Model AS355E, 
AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters only.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0193 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.

Other Related Service Information

    The FAA reviewed Airbus Helicopters AS 355 E Chapter 04 ALS 
Revision 010, dated September 14, 2020; Airbus Helicopters AS 355 F 
Chapter 04 ALS Revision 010, dated September 14, 2020; Airbus 
Helicopters AS 355 F1 Chapter 04 ALS Revision 010, dated September 14, 
2020; Airbus Helicopters AS 355 F2 Chapter 04 ALS Revision 011, dated 
September 14, 2020; Airbus Helicopters AS 355 N Chapter 04 ALS, 
Revision 010, dated September 14, 2020; and Airbus Helicopters AS 355 
NP Chapter 04 ALS Revision 009, dated February 4, 2019. This service 
information specifies procedures for mandatory actions for continued 
airworthiness.

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 2021-0193 described previously, except as discussed under 
``Differences Between this Proposed AD and EASA AD 2021-0193.''

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 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 EASA AD 2021-
0193. 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 the proposed AD allows operators to 
incorporate later approved revisions of the ALS document as specified 
in the provisions of the ``Ref. Publications'' section of EASA AD 2021-
0193 without the need for an alternative method of compliance (AMOC).

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 2021-0193 by reference in the FAA 
final rule. Service

[[Page 39021]]

information referenced in EASA AD 2021-0193 for compliance will be 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0805 after the FAA final rule is published.

Differences Between This Proposed AD and EASA AD 2021-0193

    Paragraph (1) of EASA AD 2021-0193 requires compliance with actions 
and associated thresholds and intervals, including life limits and 
maintenance tasks, from the effective date of EASA AD 2021-0193. 
Paragraph (3) of EASA AD 2021-0193 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 2021-0193. This proposed AD 
would require incorporating into maintenance records requirements 
(airworthiness limitations) within 30 days after the effective date of 
this AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 45 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 into maintenance records, requirements (airworthiness 
limitations) would require about 2 work-hours for an estimated cost of 
$170 per helicopter and $7,650 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-2022-0805; Project Identifier 
MCAI-2021-00951-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 15, 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 AS355E, AS355F, 
AS355F1, AS355F2, AS355N, and AS355NP helicopters, certificated in 
any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6410, Tail Rotor 
Blades.

(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 Action

    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 2021-0193, dated August 20, 
2021 (EASA AD 2021-0193).

(h) Provisions for Alternative Requirements (Airworthiness Limitations)

    After the actions required by paragraph (g) of this AD have 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 2021-0193.

(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 AS355E, AS355F, AS355F1, 
AS355F2, AS355N, and AS355NP helicopters only.
    (2) Accomplishing the actions required by this AD terminates all 
requirements of AD 2016-25-20 for Model AS355E, AS355F, AS355F1, 
AS355F2, AS355N, and AS355NP helicopters only.

(j) Special Flight Permit

    Special flight permits in accordance with 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)(1) 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 more information about this AD, contact Kristi Bradley, 
Program Manager, COS Program Management Section,

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Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-
5110; email [email protected]
    (2) For EASA AD 2021-0193, 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 https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0805.

    Issued on June 23, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-13863 Filed 6-29-22; 8:45 am]
BILLING CODE 4910-13-P


