[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33097-33099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13200]



[[Page 33097]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0432; Project Identifier 2013-SW-074-AD; Amendment 
39-21587; AD 2021-11-25]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Helicopters (Type Certificate previously held by 
Eurocopter France) Model AS350B3 and EC130T2 helicopters. This AD was 
prompted by a report of failure of an engine digital electronic control 
unit (DECU). This AD requires revising the existing Rotorcraft Flight 
Manual (RFM) for your helicopter. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective July 29, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of July 29, 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 final rule, contact Safran Helicopter Engines, S.A., 
64511 Bordes, France; phone: +33 (0) 5 59 74 45 11. You may view the 
referenced service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort 
Worth, TX 76177. The Airbus Helicopters service information is also 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2017-0432.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2017-0432; 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 Aviation Safety Agency (now European Union Aviation Safety 
Agency) (EASA) AD, the EASA safety information bulletin (SIB), any 
service information that is incorporated by reference, any comments 
received, and other information. The street 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: Jon Jordan, Rotorcraft Flight Test 
Pilot, Southwest Section, Flight Test Branch, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
<a href="/cdn-cgi/l/email-protection#bad0d5d494d0d5c8dedbd4fadcdbdb94ddd5cc"><span class="__cf_email__" data-cfemail="e3898c8dcd898c9187828da3858282cd848c95">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Airbus Helicopters 
(Type Certificate previously held by Eurocopter France) Model AS350B3 
and EC130T2 helicopters with an ARRIEL 2D engine and THALES full 
authority digital engine control (FADEC) part number (P/N) C13165DA00 
without amendment A or P/N C13165FA00 without amendment B, installed. 
The NPRM published in the Federal Register on March 22, 2021 (86 FR 
15140). In the NPRM, the FAA proposed to require revising 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 and ASB EC130-04A004) or a 
different document with information identical to that in Appendix 4., 
as applicable to your helicopter model. As an optional terminating 
action for the RFM revision, the NPRM proposed to allow installing 
amendment A on FADEC P/N C13165DA00 or amendment B on FADEC P/N 
C13165FA00.
    The NPRM 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 advises of 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 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 advises 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 states that this condition, if not 
addressed, could result in the pilot identifying the type of failure 
condition incorrectly, possibly resulting in an improper response.
    Accordingly, and pending the development of a DECU assembly design 
improvement, the EASA AD requires incorporating a new procedure into 
the Emergency Procedures section of the RFM and informing all flight 
crews of the RFM change. EASA considers its AD an interim action and 
states that further AD action may follow.
    After EASA issued EASA AD 2013-0287, EASA issued SIB No. 2013-23, 
dated December 19, 2013, for Eurocopter AS 350 B3 and EC 130 T2 
helicopters with a Turbom[eacute]ca ARRIEL 2D engine installed. The SIB 
recommends modifying certain electronic engine control units (EECUs).

Comments

    The FAA received comments from an anonymous commenter. The 
commenter stated that the EECU or DECU is an engine component and 
requested this be reflected as an engine AD and not an airframe AD. The 
commenter further stated that this AD is unnecessary because the flight 
manual revision is required as part of the certification of the 
aircraft and is already regulatory as the flight manual is an FAA 
approved manual. The FAA does not agree; EASA, as the state of design 
authority for Airbus Helicopters, determined that the unsafe condition 
exists only in the Model AS 350 B3 and EC 130 T2 helicopters. 
Additionally, one of the actions mitigating the unsafe condition is 
modification of the RFM. Consequently, EASA issued AD 2013-0287 against 
the airframe. As the validating authority, the FAA, in accordance with 
the bilateral agreement with the European Union, did not find just 
cause to change the effectivity for

[[Page 33098]]

the FAA AD. Per 14 CFR 21.5, an approved RFM must be presented to the 
owner upon delivery of the rotorcraft. Unless required through an 
operational certificate or operational specification, the rotorcraft 
owner is not required by regulation to adopt flight manual revisions 
made after delivery of the rotorcraft. To mandate a change to the RFM 
to address the unsafe condition, the FAA must issue an AD.

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, considered the comments received, 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.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters ASB AS350-01.00.67 and ASB 
EC130-04A004. ASB AS350-01.00.67 applies to Model AS350B3 helicopters 
and ASB EC130-04A004 applies to Model EC130T2 helicopters. This service 
information provides a new RFM procedure in the event of illumination 
of the amber GOV followed by the loss of the VEMD display.
    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 B, dated February 12, 2014. This service 
information specifies replacing certain FADEC D EECUs with certain 
amended FADEC D EECUs.

Differences Between This AD and the EASA AD

    The EASA AD applies to Model AS350B3 and EC130T2 helicopters, with 
an ARRIEL 2D engine and THALES FADEC P/N C13165DA00 or P/N C13165FA00 
installed, whereas this AD applies to those helicopters except not 
those with THALES FADEC P/N C13165DA00 with amendment A or P/N 
C13165FA00 with amendment B installed. This AD also allows installing 
those amendments on the FADEC as an optional terminating action, 
whereas the EASA AD does not.

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.

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 helicopters 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 adding the following new airworthiness 
directive:

2021-11-25 Airbus Helicopters (Type Certificate Previously Held by 
Eurocopter France): Amendment 39-21587; Docket No. FAA-2017-0432; 
Project Identifier 2013-SW-074-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective July 29, 2021.

(b) Affected ADs

    None.

(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 THALES full authority digital engine control (FADEC) part number 
(P/N) C13165DA00 without amendment A or P/N C13165FA00 without 
amendment B, installed.

    Note 1 to paragraph (c):  Helicopters with an 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) Required Actions

    (1) Within 25 hours time-in-service after the effective date of 
this AD, revise the Emergency Procedures of the existing Rotorcraft 
Flight Manual (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

[[Page 33099]]

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.

(h) 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 (i)(1) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#82bbafc3d4d1afc3cbd0afb5b1b2afc3cfcdc1c2e4e3e3ace5edf4"><span class="__cf_email__" data-cfemail="91a8bcd0c7c2bcd0d8c3bca6a2a1bcd0dcded2d1f7f0f0bff6fee7">[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.

(i) Related Information

    (1) For more information about this AD, contact Jon Jordan, 
Rotorcraft Flight Test Pilot, Southwest Section, Flight Test Branch, 
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 
222-5110; email <a href="/cdn-cgi/l/email-protection#03696c6d2d696c7167626d436562622d646c75"><span class="__cf_email__" data-cfemail="4e2421206024213c2a2f200e282f2f60292138">[email protected]</span></a>.
    (2) Safran Turbomeca Mandatory Service Bulletin No. 292 73 2852, 
Revision B, dated February 12, 2014, which is not incorporated by 
reference, contains additional information about the subject of this 
AD. Contact Safran Helicopter Engines, S.A., 64511 Bordes, France; 
phone: +33 (0) 5 59 74 45 11 for this service information. 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.
    (3) The subject of this AD is addressed in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
2013-0287, dated December 5, 2013. You may view the EASA AD at 
https://www.regulations.gov in Docket No. FAA-2017-0432.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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.
    (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.
    (3) For Airbus Helicopters service information identified in 
this AD, 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.
    (4) 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.
    (5) 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#ee888b8a9c8b89c0828b898f82ae808f9c8fc0898198"><span class="__cf_email__" data-cfemail="197f7c7d6b7c7e37757c7e78755977786b78377e766f">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 24, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-13200 Filed 6-23-21; 8:45 am]
BILLING CODE 4910-13-P


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