[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Rules and Regulations]
[Pages 16632-16634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06043]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0021; Project Identifier MCAI-2020-01088-R; 
Amendment 39-21994; AD 2021-03-16R1]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; removal; request for comments.

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SUMMARY: The FAA is removing Airworthiness Directive (AD) 2021-03-16, 
which applied to all Airbus Helicopters Model AS350B, AS350B1, AS350B2, 
AS350B3, AS350BA, AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, and 
AS355NP helicopters. AD 2021-03-16 required inspecting each sliding 
door and replacing the upper rail or front roller or removing the front 
roller from service if necessary. Since the FAA issued AD 2021-03-16, 
inspection results and further investigation have confirmed that the 
in-flight loss of a sliding door, which prompted AD 2021-03-16, was an 
isolated case resulting from incorrect operation and maintenance error. 
Therefore, the FAA has determined that no unsafe condition is likely to 
exist or develop on the sliding doors on other helicopters in the 
fleet. Accordingly, AD 2021-03-16 is removed.

DATES: This AD becomes effective March 24, 2022.
    The FAA must receive comments on this AD by May 9, 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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0021; 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: Matt Fuller, AD Program Manager, 
General Aviation & Rotorcraft Unit, Airworthiness Products Section, 
Operational Safety Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone 817-222-5110; email <a href="/cdn-cgi/l/email-protection#95f8f4e1e1fdf0e2bbf3e0f9f9f0e7d5f3f4f4bbf2fae3"><span class="__cf_email__" data-cfemail="ddb0bca9a9b5b8aaf3bba8b1b1b8af9dbbbcbcf3bab2ab">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0021 and Project Identifier 
MCAI-2020-01088-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Matt 
Fuller, AD Program Manager, General Aviation & Rotorcraft Unit, 
Airworthiness Products Section, Operational Safety Branch, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email 
<a href="/cdn-cgi/l/email-protection#117c7065657974663f77647d7d7463517770703f767e67"><span class="__cf_email__" data-cfemail="0d606c797965687a236b786161687f4d6b6c6c236a627b">[email protected]</span></a>. Any commentary that the FAA receives which 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 2020-0175-CN, dated September 13, 
2021 (EASA AD 2020-0175-CN) to cancel EASA AD 2020-0175, dated August 
5, 2020 (EASA AD 2020-0175) which was issued to correct an unsafe 
condition for all serial-numbered Airbus Helicopters Model AS 350 and 
AS 355 helicopters if equipped with a left-hand (LH) and/or right-hand 
(RH) sliding door. EASA AD 2020-0175 prompted FAA
    AD 2021-03-16, Amendment 39-21419 (86 FR 9433, February 16, 2021) 
(AD 2021-03-16). AD 2021-03-16 applied to Airbus Helicopters Model 
AS350B, AS350B1, AS350B2, AS350B3, AS350BA, AS350D, AS355E, AS355F, 
AS355F1, AS355F2, AS355N, and AS355NP helicopters with any sliding door 
installed. AD 2021-03-16 required, within 30 hours time-in-service, 
inspecting the upper rail of each RH and LH door for parallelism, 
deformation, corrosion, and cracking and repairing or replacing the 
upper rail before further flight if necessary; and

[[Page 16633]]

with each sliding door removed, inspecting the front roller to 
determine if it is below the minimum diameter and height, if it has any 
corrosion or flat spot, and if it is correctly installed. If the front 
roller was below the minimum diameter, below the minimum height, or had 
any flat spot or corrosion, AD 2021-03-16 required removing the front 
roller from service before further flight. If the front roller was not 
correctly installed, AD 2021-03-16 required reinstalling it correctly 
before further flight.

Actions Since AD 2021-03-16 Was Issued

    Since the FAA issued AD 2021-03-16, reported inspection results and 
further investigation have confirmed that the in-flight loss of the 
sliding door, which prompted EASA AD 2020-0175 and AD 2021-03-16, was 
an isolated case resulting from incorrect operation and maintenance 
error, and therefore no unsafe condition is likely to exist or develop 
on the affected helicopters. The FAA is issuing this AD to remove AD 
2021-03-16.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    There are currently 965 helicopters of U.S. registry affected by AD 
2021-03-16. However, the FAA notes that AD 2021-03-16 required 
unnecessary inspections because the identified unsafe condition does 
not exist on these helicopters. Therefore, it is unlikely that the FAA 
would receive any adverse comments or useful information about this AD 
from U.S. operators that would cause a need for public comment prior to 
adoption. Accordingly, notice and opportunity for prior public comment 
are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for 
the foregoing reasons, the FAA finds that good cause exists pursuant to 
5 U.S.C. 553(d) for making this amendment effective in less than 30 
days.

FAA's Conclusions

    Upon further consideration, the FAA has determined that AD 2021-03-
16 is not necessary. Accordingly, this AD removes AD 2021-03-16. 
Removal of AD 2021-03-16 does not preclude the FAA from issuing another 
related action or commit the FAA to any course of action in the future.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Related Costs of Compliance

    This AD adds no cost. This AD removes AD 2021-03-16 from 14 CFR 
part 39; therefore, operators are no longer required to show compliance 
with that AD.

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.

Regulatory Findings

    The FAA determined that 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; and
    2. Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of 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:
0
a. Removing Airworthiness Directive (AD) 2021-03-16, Amendment 39-21419 
(86 FR 9433, February 16, 2021), and
0
b. Adding the following new AD:

2021-03-16R1 Airbus Helicopters: Amendment 39-21994; Docket No. FAA-
2021-0021; Project Identifier MCAI-2020-01088-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 24, 
2022.

(b) Affected AD

    This AD replaces AD 2021-03-16, Amendment 39-21419 (86 FR 9433, 
February 16, 2021).

(c) Applicability

    This airworthiness directive (AD) applies to Airbus Helicopters 
Model AS350B, AS350B1, AS350B2, AS350B3, AS350BA, AS350D, AS355E, 
AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters, 
certificated in any category, with any sliding door installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5210, Passenger/Crew 
Doors.

(e) Related Information

    (1) For more information about this AD, contact Matt Fuller, AD 
Program Manager, General Aviation & Rotorcraft Unit, Airworthiness 
Products Section, Operational Safety Branch, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email 
<a href="/cdn-cgi/l/email-protection#1875796c6c707d6f367e6d74747d6a587e7979367f776e"><span class="__cf_email__" data-cfemail="eb868a9f9f838e9cc58d9e87878e99ab8d8a8ac58c849d">[email protected]</span></a>.
    (2) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD No. 2020-0175-CN, dated September 
13, 2021. You may view the EASA AD on the internet at https://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2021-0021.

(f) Material Incorporated by Reference

    None.


[[Page 16634]]


    Issued on March 17, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-06043 Filed 3-23-22; 8:45 am]
BILLING CODE 4910-13-P


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