[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Proposed Rules]
[Pages 4820-4822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01805]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / 
Proposed Rules

[[Page 4820]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0018; Project Identifier MCAI-2021-00853-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 AS332L2 and EC225LP helicopters. This 
proposed AD was prompted by 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 17, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#99d8ddead9fcf8eaf8b7fcecebf6e9f8b7fcec"><span class="__cf_email__" data-cfemail="66272215260307150748031314091607480313">[email protected]</span></a>; 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 EASA material is also 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0018.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0018; 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 <a href="/cdn-cgi/l/email-protection#2a4b444e584f4b044043474f444f506a4c4b4b044d455c"><span class="__cf_email__" data-cfemail="23424d475146420d494a4e464d4659634542420d444c55">[email protected]</span></a>.

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-2022-0018; Project Identifier 
MCAI-2021-00853-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 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 <a href="/cdn-cgi/l/email-protection#f2939c96809793dc989b9f979c9788b2949393dc959d84"><span class="__cf_email__" data-cfemail="34555a504651551a5e5d59515a514e745255551a535b42">[email protected]</span></a>. 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 2021-0174, dated July 21, 2021 (EASA 
AD 2021-0174), to correct an unsafe condition for Airbus Helicopters, 
formerly Eurocopter, Eurocopter France, and Aerospatiale, Model AS 332 
L2 and EC 225 LP helicopters.
    This proposed AD was prompted by a discrepancy in the 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. The FAA is proposing this AD to address this

[[Page 4821]]

discrepancy in the RFM, which, if not addressed, could lead to 
incorrect determination of the stay-up flying capabilities of the 
helicopter, resulting in reduced control of the helicopter. See EASA AD 
2021-0174 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0174 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

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA about the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other helicopters of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0174, 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 EASA 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 2021-0174 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0174 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2021-0174 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0174. Service information referenced in EASA AD 2021-0174 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0018 after the FAA final 
rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2021-0174 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.
    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 2021-0174 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 38 helicopters of U.S. Registry. Labor rates are estimated at 
$85 per work-hour. Based on these numbers, the FAA estimates the 
following costs to comply with this proposed AD.
    Revising the existing RFM for your helicopter takes about 0.50 
work-hour for an estimated cost of $42.50 per helicopter and $1,615 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.

[[Page 4822]]

Sec.  39.13   [Amended]

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

Airbus Helicopters: Docket No. FAA-2022-0018; Project Identifier 
MCAI-2021-00853-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 17, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS332L2 and 
EC225LP helicopters, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by 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, if not addressed, could lead to 
incorrect determination of the stay-up flying capabilities of the 
helicopter, 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 
2021-0174, dated July 21, 2021 (EASA AD 2021-0174).

(h) Exceptions to EASA AD 2021-0174

    (1) Where EASA AD 2021-0174 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2021-0174 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 2021-0174.
    (4) Where paragraph (2) of EASA AD 2021-0174 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 
2021-0174 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 permitted provided that there are 
no passengers on board.

(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: <a href="/cdn-cgi/l/email-protection#0b32264a5d58264a4259263c383b264a4644484b6d6a6a256c647d"><span class="__cf_email__" data-cfemail="af9682eef9fc82eee6fd82989c9f82eee2e0ecefc9cece81c8c0d9">[email protected]</span></a>.
    (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 2021-0174, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#89c8cdfac9ece8fae8a7ecfcfbe6f9e8a7ecfc"><span class="__cf_email__" data-cfemail="d49590a794b1b5a7b5fab1a1a6bba4b5fab1a1">[email protected]</span></a>; internet www.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-2022-0018.
    (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 <a href="/cdn-cgi/l/email-protection#a4c5cac0d6c1c58acecdc9c1cac1dee4c2c5c58ac3cbd2"><span class="__cf_email__" data-cfemail="ddbcb3b9afb8bcf3b7b4b0b8b3b8a79dbbbcbcf3bab2ab">[email protected]</span></a>.

    Issued on January 24, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-01805 Filed 1-28-22; 8:45 am]
BILLING CODE 4910-13-P


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