7768 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 

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 stayup 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, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; phone: +49 221 8999 000; 

email: ADs@easa.europa.eu; 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: 

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–2022–0097; 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: 

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. 

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 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 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

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

1 work-hours × $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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701 


jspears on DSK121TN23PROD with PROPOSALS1
7770 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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 stayup 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: 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. 

(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: 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–2022–0097. 

(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: andrea.jimenez@

faa.gov. 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0096; Project 

Identifier MCAI–2021–01092–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 

supersede Airworthiness Directive (AD) 

2020–22–01 which applies to all Airbus 

Helicopters Model AS332C, AS332C1, 

AS332L, and AS332L1 helicopters. AD 

2020–22–01 requires inspecting the 

affected parts and associated frame 

bores for discrepancies, applicable 

corrective actions, and reporting certain 

information if necessary. Since the FAA 

issued AD 2020–22–01, a significant 

number of reports were received of 

finding corrosion on the affected parts. 

This proposed AD would retain the 

requirements of AD 2020–22–01, add 

recurring inspections, and update the 

applicable service information. 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 service information identified in 

this NPRM, contact Airbus Helicopters, 

2701 N. 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 referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

10101 Hillwood Pkwy., Room 6N–321, 

Fort Worth, TX 76177. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. 


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