[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Proposed Rules]
[Pages 17955-17957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06577]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0381; Project Identifier MCAI-2021-01314-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, AS-
365N2, AS 365 N3, SA-365N, SA-365N1, EC 155B, and EC155B1 helicopters. 
This proposed AD was prompted by investigation results from an engine 
compartment fire, which determined some of the internal parts of the 
engine upper fixed cowling (engine cowling) were painted with finish 
paint on top of the primer layer. This proposed AD would require a one-
time inspection of certain part-numbered engine cowlings, and 
corrective actions if necessary, 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 May 13, 
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#7233360132171301135c1707001d02135c1707"><span class="__cf_email__" data-cfemail="3574714675505446541b5040475a45541b5040">[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 material is also 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0381.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0381; 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#0b6a656f796e6a256162666e656e714b6d6a6a256c647d"><span class="__cf_email__" data-cfemail="32535c564057531c585b5f575c5748725453531c555d44">[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-2022-0381; Project Identifier 
MCAI-2021-01314-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#5c3d32382e393d72363531393239261c3a3d3d723b332a"><span class="__cf_email__" data-cfemail="22434c465047430c484b4f474c4758624443430c454d54">[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 2021-0265, dated November 23, 2021 
(EASA AD 2021-0265), to correct an unsafe condition for Airbus 
Helicopters (AH), formerly Eurocopter, Eurocopter France, Aerospatiale, 
Sud Aviation, Model SA 365 N, SA 365 N1, AS 365 N2, AS 365 N3, EC 155 
B, EC 155 B1, AS 355 E, AS 355 F, AS 355 F1 and AS 355 F2 helicopters, 
all serial numbers.
    This proposed AD was prompted by investigation results from an 
engine compartment fire, which determined some of the internal parts of 
the engine cowling were painted with finish paint on top of the primer 
layer. The FAA is proposing this AD to detect finish paint inside the 
duct of the engine cowling. The unsafe condition, if not addressed, 
could result in fire propagation in case of exposure to high 
temperature, damage to the helicopter, and injury to the occupants. See 
EASA AD 2021-0265 for additional background information.

[[Page 17956]]

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0265 requires a one-time inspection of certain part-
numbered engine cowlings (e.g., an affected part as defined in EASA AD 
2021-0265) for finish paint and depending on the inspection results, 
accomplishment of applicable corrective actions. EASA AD 2021-0265 also 
allows an affected part to be installed on any helicopter, provided it 
is a serviceable part as defined in EASA AD 2021-0265. Corrective 
actions include repainting the affected part and replacing the affected 
part.
    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 Alert Service Bulletin (ASB) 
No. AS355-53.00.38, ASB No. AS365-53.00.65, and ASB No. EC155-53A040, 
all Revision 0, and all dated October 27, 2021, which specify 
procedures for inspecting the inside of the duct of the engine cowling 
for finish paint and corrective actions.

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 the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0265, 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 EASA AD 2021-0265.''

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 2021-0265 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0265 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 2021-0265 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-
0265. Service information referenced in EASA AD 2021-0265 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0381 after the FAA final 
rule is published.

Differences Between This Proposed AD and EASA AD 2021-0265

    Service information referenced in EASA AD 2021-0265 specifies 
recording compliance of the applicable ASBs, whereas this proposed AD 
would not.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 93 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.
    Inspecting each engine cowling would take about 1 work-hour for an 
estimated cost of $85 per helicopter and $7,905 for the U.S. fleet.
    Repainting each engine cowling with primer only would take about 8 
work-hours for an estimated cost of $680 per helicopter.
    Replacing an engine cowling with a ``serviceable part'' as defined 
in EASA AD 2021-0265 would take about 4 work-hours and parts would cost 
up to $7,800 for an estimated cost of up to $8,140 per replacement.

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-2022-0381; Project Identifier 
MCAI-2021-01314-R.

[[Page 17957]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 13, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS355E, AS355F, 
AS355F1, AS355F2, AS-365N2, AS 365 N3, SA-365N, SA-365N1, EC 155B, 
and EC155B1 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 7110, Engine 
Cowling System.

(e) Unsafe Condition

    This AD was prompted by investigation results from an engine 
compartment fire, which determined some of the internal parts of the 
engine upper fixed cowling (engine cowling) were painted with finish 
paint on top of the primer layer. The FAA is issuing this AD to 
detect finish paint inside the duct of the engine cowling. The 
unsafe condition, if not addressed, could result in fire propagation 
in case of exposure to high temperature, damage to the helicopter, 
and injury to the occupants.

(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 
2021-0265, dated November 23, 2021 (EASA AD 2021-0265).

(h) Exceptions to EASA AD 2021-0265

    (1) Where EASA AD 2021-0265 requires compliance in terms of 
flight hours (FH), this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0265 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2021-0265 specifies ``in 
accordance with the instructions of paragraph 3.B of the applicable 
ASB,'' for this AD replace ``in accordance with the instructions of 
paragraph 3.B of the applicable ASB'' with ``in accordance with the 
Accomplishment Instructions, paragraphs 3.B.2.a. through 3.B.2.b. of 
the applicable ASB.''
    (4) Where paragraph (2) of EASA AD 2021-0265 specifies to 
repaint or replace the affected part, replace the text ``repaint 
(with primer layer only) that affected part or replace it with a 
serviceable part in accordance with the instructions of paragraph 
3.B. of the applicable ASB,'' with ``repaint (with primer layer 
only) that affected part in accordance with the instructions of 
paragraph 3.B.2.b. of the applicable ASB, or replace the affected 
part with a `serviceable part' as defined in EASA AD 2021-0265.''
    (5) Where the service information referenced in EASA AD 2021-
0265 specifies ``identify again the engine upper fixed cowling (a), 
refer to paragraph 3.C.,'' this AD does require modifying your 
helicopter by marking ``ASB No. 53.00.38,'' ``ASB No. 53A40,'' or 
``ASB No. 53.00.65,'' as applicable to your helicopter, after the 
old P/N on the engine cowling with indelible ink, but does not 
require compliance with paragraph 3.C. of the ``applicable ASB'' as 
defined in EASA AD 2021-0265.
    (6) Where the service information referenced in EASA AD 2021-
0265 specifies during the interpretation of results from the visual 
check of the inside of the duct of the engine cowling, if there is 
any finish paint inside the duct, obey with paragraph 3.B.2.b. 
(i.e., perform corrective actions) not more than 6 months after you 
complied with paragraph 3.B.2.a., for this AD, if there is any 
finish paint inside the duct of the engine cowling, perform the 
corrective actions not more than 6 months after you complied with 
paragraph 3.B.2.a. Work Card 20-04-05-402 (MTC), referenced in the 
Accomplishment Instructions, paragraph 3.B.2.b. of the ``applicable 
ASB'' as defined in EASA AD 2021-0265 is for reference only and is 
not required for the actions in this AD.
    (7) Where the Accomplishment Instructions, paragraph 3.B.2.b of 
Airbus Helicopters Alert Service Bulletin (ASB) No. AS365-53.00.65, 
and ASB EC155-53A040, both Revision 0, and both dated October 27, 
2021, specify to refer to Work Card 53-50-00-402 (MET), or Task 53-
54-00-061(AMM), to remove and install the engine cowling, for this 
AD those instructions are for reference only and are not required 
for the actions in this AD.
    (9) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0265.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0265 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199, provided no passengers are onboard.

(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)(2) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#edd4c0acbbbec0aca4bfc0dadeddc0aca0a2aead8b8c8cc38a829b"><span class="__cf_email__" data-cfemail="a69f8be7f0f58be7eff48b9195968be7ebe9e5e6c0c7c788c1c9d0">[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.

(l) Related Information

    (1) For EASA AD 2021-0265, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#a6e7e2d5e6c3c7d5c788c3d3d4c9d6c788c3d3"><span class="__cf_email__" data-cfemail="2d6c695e6d484c5e4c0348585f425d4c034858">[email protected]</span></a>; internet www.easa.europa.eu. You may find EASA 
AD 2021-0265 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-2022-0381.
    (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#c5a4aba1b7a0a4ebafaca8a0aba0bf85a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="f0919e94829591de9a999d959e958ab0969191de979f86">[email protected]</span></a>.

    Issued on March 24, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-06577 Filed 3-28-22; 8:45 am]
BILLING CODE 4910-13-P


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