[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Rules and Regulations]
[Pages 10057-10060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03761]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / 
Rules and Regulations

[[Page 10057]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1166; Project Identifier MCAI-2021-00952-R; 
Amendment 39-21953; AD 2022-05-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters (Type Certificate 
Previously Held by Eurocopter France) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-11-
25, which applied to certain Airbus Helicopters (type certificate 
previously held by Eurocopter France) Model AS350B3 and EC130T2 
helicopters. AD 2021-11-25 required revising the existing rotorcraft 
flight manual (RFM) for your helicopter by inserting a new procedure 
(temporary). Since the FAA issued AD 2021-11-25, the manufacturer 
identified an additional affected full authority digital engine control 
(FADEC) part number and developed an optional modification for the 
affected FADECs. This AD requires revising the existing RFM for your 
helicopter by inserting a new procedure (temporary). This AD also 
requires, for helicopter on which an optional terminating action 
(installation of serviceable FADECs) was done, removing the applicable 
temporary procedure from the existing RFM for your helicopter. In 
addition, this AD also adds helicopters to the applicability. 
Furthermore, this AD prohibits the installation of an affected FADEC. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective March 30, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 29, 2021 
(86 FR 33097, June 24, 2021).

ADDRESSES: For Airbus Helicopters service information identified in 
this final rule, 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. For Safran Turbomeca service information 
identified in this NPRM contact Safran Helicopter Engines, S.A., 64511 
Bordes, France; phone: +33 (0) 5 59 74 45 11. You may view this 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. Service information that is incorporated by reference is also 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-1166.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1166; 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 final rule, the 
European Union Aviation Safety Agency (EASA) AD, any comments received, 
and other information. The address for Docket Operations is U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.

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#f3929d97819692dd999a9e969d9689b3959292dd949c85"><span class="__cf_email__" data-cfemail="afcec1cbddcace81c5c6c2cac1cad5efc9cece81c8c0d9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-11-25, Amendment 39-21587 (86 FR 
33097, June 24, 2021), (AD 2021-11-25). AD 2021-11-25 applied to Airbus 
Helicopters (type certificate previously held by Eurocopter France) 
Model AS350B3 and EC130T2 helicopters with an ARRIEL 2D engine and 
THALES FADEC part number (P/N) C13165DA00 without amendment A or THALES 
FADEC P/N C13165FA00 without amendment B, installed. The NPRM published 
in the Federal Register on December 28, 2021 (86 FR 73703). In the 
NPRM, the FAA proposed to require revising the existing RFM for your 
helicopter by inserting a new procedure (temporary). The NPRM also 
proposed to require, for helicopters on which an optional terminating 
action (installation of serviceable FADECs) is done, removing the 
applicable temporary procedure from the existing RFM for your 
helicopter. In addition, the NPRM also proposed to add helicopters to 
the applicability. Furthermore, the NPRM proposed to prohibit the 
installation of an affected FADEC.
    AD 2021-11-25 was prompted by EASA AD 2013-0287, dated December 5, 
2013 (EASA AD 2013-0287), issued by EASA, which is the Technical Agent 
for the Member States of the European Union, to correct an unsafe 
condition for Eurocopter (formerly Eurocopter France, Aerospatiale) 
Model AS 350 B3 and EC 130 T2 helicopters with an ARRIEL 2D engine and 
THALES FADEC P/N C13165DA00 or P/N C13165FA00 installed. EASA advised 
that there was a report of an in-flight event where the pilot noticed 
that the temporary amber governor (GOV) light had illuminated, followed 
by the failure of the vehicle engine monitoring display (VEMD) screens, 
and no availability of the automatic or auxiliary engine back-up 
control ancillary unit (EBCAU). Subsequent investigation identified an 
internal failure of the engine digital electronic control unit (DECU), 
which led to loss of fuel flow regulation (frozen fuel metering unit). 
This failure was not indicated to the pilot by a red GOV warning light 
as expected, but with amber GOV indication and loss of VEMD display 
instead. EASA also advised that if this fuel metering unit is frozen in 
the open position, it may lead to a rotor overspeed, and if it is 
frozen in the closed position, it may lead to unavailability of engine 
power. EASA stated that this condition, if not addressed, could result 
in the pilot

[[Page 10058]]

identifying the type of failure condition incorrectly, possibly 
resulting in an improper response.
    Since the FAA issued AD 2021-11-25, EASA issued AD 2021-0195, dated 
August 20, 2021 (EASA AD 2021-0195), which supersedes EASA AD 2013-
0287. EASA advises that after EASA AD 2013-0287 was issued, Airbus 
Helicopters revised Alert Service Bulletin No. AS350-01.00.67, Revision 
2, dated February 17, 2014; and Alert Service Bulletin No. EC130-
04A004, Revision 2, dated February 17, 2014; to include an additional 
affected part number as part of the same rectification campaign. 
Additionally, EASA advises that in parallel, SAFRAN (formerly 
Turbom[eacute]ca) developed a modification of the affected part, which 
mitigates the risk of rotor speed fluctuations, loss of power or 
uncommanded in-flight shutdown, and issued Service Bulletin 292 73 2852 
providing FADEC replacement instructions. Consequently, Airbus 
Helicopters issued the applicable ASBs, providing instructions to 
remove the temporary procedure from the RFM Emergency Procedures 
section for helicopters with a modified FADEC. Accordingly, EASA AD 
2021-0195 retains the requirements of EASA AD 2013-0287 and requires 
removing the temporary revision from the Emergency Procedures section 
of the RFM for helicopters with a modified FADEC installed. EASA AD 
2021-0195 also prohibits the installation of an affected part after 
installation of a modified FADEC. Furthermore, EASA AD 2021-0195 
specifies to ``inform all flight crews'' of revisions to the RFM, and 
thereafter to ``operate the helicopter accordingly.''

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters. Except for minor editorial changes, 
this AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Alert Service Bulletin No. 
AS350-01.00.67, Revision 2, dated February 17, 2014; and Alert Service 
Bulletin No. EC130-04A004, Revision 2, dated February 17, 2014; which 
the Director of the Federal Register approved for incorporation by 
reference as of July 29, 2021.
    This service information 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 also reviewed Safran Turbomeca Mandatory Service Bulletin 
No. 292 73 2852, Revision C, dated June 6, 2016. This service 
information specifies replacing certain FADEC D EECUs with certain 
amended FADEC D EECUs.

Differences Between This AD and the EASA AD

    EASA AD 2021-0195 requires operators to ``inform all flight crews'' 
of revisions to the RFM, and thereafter to ``operate the helicopter 
accordingly.'' However, this AD does not specifically require those 
actions.
    FAA regulations mandate compliance with only the operating 
limitations section of the flight manual. The flight manual changes 
required by this AD apply to the emergency procedures section of the 
existing RFM for your helicopter. Furthermore, compliance with such 
requirements in an AD is impracticable to demonstrate or track on an 
ongoing basis; therefore, a requirement to operate the aircraft in such 
a manner is unenforceable. Nonetheless, the FAA recommends that flight 
crews of the helicopters listed in the applicability operate in 
accordance with the revised emergency procedures specified in this AD.

Costs of Compliance

    The FAA estimates that this AD affects up to 628 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 AD.
    Revising the existing RFM for your helicopter takes about 0.25 
work-hour for an estimated cost of $21 per helicopter and up to $13,188 
for the U.S. fleet. Accomplishing the optional terminating action, if 
done, takes about 1 work-hour, with a parts costs of $5,000, for an 
estimated cost of $5,085 per helicopter.

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

[[Page 10059]]

0
a. Removing Airworthiness Directive 2021-11-25, Amendment 39-21587 (86 
FR 33097, June 24, 2021); and
0
b. Adding the following new airworthiness directive:

2022-05-02 Airbus Helicopters (Type Certificate Previously Held by 
Eurocopter France): Amendment 39-21953; Docket No. FAA-2021-1166; 
Project Identifier MCAI-2021-00952-R.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2022.

(b) Affected ADs

    This AD replaces AD 2021-11-25, Amendment 39-21587 (86 FR 33097, 
June 24, 2021) (AD 2021-11-25).

(c) Applicability

    This AD applies to Airbus Helicopters (type certificate 
previously held by Eurocopter France) Model AS350B3 and EC130T2 
helicopters, certificated in any category, with an ARRIEL 2D engine 
and with THALES full authority digital engine control (FADEC) part 
number (P/N) C13165DA00 without amendment A, P/N C13165DA00PC00 
without amendment A, or P/N C13165FA00 without amendment B, that has 
a serial number below 1736, installed.
    Note 1 to paragraph (c): Helicopters with a Model AS350B3e 
designation are Model AS350B3 helicopters.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 7321, Engine Fuel 
Control/Turbine Engines.

(e) Unsafe Condition

    This AD was prompted by a report of failure of an engine digital 
electronic control unit. The FAA is issuing this AD to prevent 
incorrect indicator illumination, display failure, and loss of fuel 
flow regulation (frozen fuel metering unit). The unsafe condition, 
if not addressed, could result in misleading information to the 
pilot, rotor overspeed or unavailability of engine power, and 
subsequent loss of control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision to the Existing Rotorcraft Flight Manual (RFM) 
for Your Helicopter and Optional Terminating Action for Certain 
Helicopters With New Optional Terminating Action

    For helicopters with FADEC P/N C13165DA00 without amendment A or 
P/N C13165FA00 without amendment B installed:
    (1) Within 25 hours time-in-service after July 29, 2021 (the 
effective date of AD 2021-11-25), revise the Emergency Procedures of 
the existing RFM for your helicopter by inserting Appendix 4. of 
Airbus Helicopters Alert Service Bulletin (ASB) No. AS350-01.00.67 
or ASB No. EC130-04A004, each Revision 2 and dated February 17, 2014 
(ASB AS350-01.00.67 or ASB EC130-04A004), as applicable to your 
helicopter model. Inserting a different document with information 
identical to that in Appendix 4. of ASB AS350-01.00.67 or ASB EC130-
04A004, as applicable to your helicopter model, is acceptable for 
compliance with the requirement of this paragraph.
    (2) As an optional terminating action for the requirement of 
paragraph (g)(1) of this AD, install amendment A on FADEC P/N 
C13165DA00 or amendment B on FADEC P/N C13165FA00.
    (3) As an optional terminating action for the requirement of 
paragraph (g)(1) of this AD, install a FADEC unit having P/N 
C13165DA00 with amendment A, P/N C13165DA00PC00 with amendment A, or 
;P/N C13165FA00 with amendment B; or install a FADEC unit other than 
a FADEC unit having P/N C13165DA00, P/N C13165DA00PC00, or P/N 
C13165FA00, that has a serial number below 1736.

(h) New Requirement: Revision to the Existing RFM for Your Helicopter 
and Optional Terminating Action for Certain Other Helicopters

    For helicopters that have FADEC P/N C13165DA00PC00 without 
amendment A installed:
    (1) Within 25 hours time-in-service after the effective date of 
this AD, revise the existing RFM for your helicopter by inserting 
Appendix 4. of ASB AS350-01.00.67 or ASB EC130-04A004, as applicable 
to your helicopter model. Inserting a different document with 
information identical to that in Appendix 4. of ASB AS350-01.00.67 
or ASB EC130-04A004, as applicable to your helicopter model, is 
acceptable for compliance with the requirement of this paragraph.
    (2) As an optional terminating action for the requirement of 
paragraph (h)(1) of this AD, install amendment A on FADEC P/N 
C13165DA00PC00.
    (3) As an optional terminating action for the requirement of 
paragraph (h)(1) of this AD, install a FADEC unit having P/N 
C13165DA00 with amendment A, P/N C13165DA00PC00 with amendment A, or 
;P/N C13165FA00 with amendment B; or install a FADEC unit other than 
a FADEC unit having P/N C13165DA00, P/N C13165DA00PC00, or P/N 
C13165FA00, that has a serial number below 1736.

(i) New Requirement: Removal of Temporary Revision From the Existing 
RFM for Your Helicopter

    (1) For helicopters that accomplish the optional terminating 
action specified in paragraph (g)(2) or (3) of this AD: Concurrently 
with the installation, before further flight, remove the temporary 
revision to the existing RFM for your helicopter that was inserted 
in accordance with the requirement of paragraph (g)(1) of this AD.
    (2) For helicopters that accomplish the optional terminating 
action specified in paragraph (h)(2) or (3) of this AD: Concurrently 
with the installation, before further flight, remove the temporary 
revision to the existing RFM for your helicopter that was inserted 
in accordance with the requirement of paragraph (h)(1) of this AD.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on 
any helicopter a FADEC identified in paragraph (c) of this AD 
(affected FADEC part).
    Note 2 to paragraph (j): Removal of an affected FADEC part from 
a helicopter and reinstallation of that same affected FADEC part on 
the same helicopter during the same maintenance visit is not 
considered ``install'' as specified in paragraph (j) of this AD.

(k) Special Flight Permits

    Special flight permits may be issued to operate the helicopter 
to a location where the actions specified in this AD can be 
performed, provided no passengers are onboard.

(l) 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 (m)(1) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#cff6e28e999ce28e869de2f8fcffe28e82808c8fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="f2cbdfb3a4a1dfb3bba0dfc5c1c2dfb3bfbdb1b2949393dc959d84">[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.

(m) Related Information

    (1) 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#16777872647377387c7f7b7378736c5670777738717960"><span class="__cf_email__" data-cfemail="7f1e111b0d1a1e511516121a111a053f191e1e51181009">[email protected]</span></a>.
    (2) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2021-0195, dated August 20, 2021. 
You may view the EASA AD on the internet at https://www.regulations.gov in Docket No. FAA-2021-1166.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
July 29, 2021 (86 FR 33097, June 24, 2021).
    (i) Airbus Helicopters Alert Service Bulletin No. AS350-
01.00.67, Revision 2, dated February 17, 2014.
    (ii) Airbus Helicopters Alert Service Bulletin No. EC130-04A004, 
Revision 2, dated February 17, 2014.
    (4) For Airbus Helicopters service information identified in 
this AD, contact

[[Page 10060]]

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.
    (5) You may view this 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.
    (6) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: <a href="/cdn-cgi/l/email-protection#94f2e6bafdfae7e4f1f7e0fdfbfad4faf5e6f5baf3fbe2"><span class="__cf_email__" data-cfemail="abcdd985c2c5d8dbcec8dfc2c4c5ebc5cad9ca85ccc4dd">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 16, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-03761 Filed 2-22-22; 8:45 am]
BILLING CODE 4910-13-P


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