[Federal Register Volume 87, Number 70 (Tuesday, April 12, 2022)]
[Rules and Regulations]
[Pages 21549-21551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07709]



[[Page 21549]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0097; Project Identifier MCAI-2021-01115-R; 
Amendment 39-22005; AD 2022-08-02]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 all 
Airbus Helicopters Model EC 155B and EC155B1 helicopters. 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 on the number of 
passengers on board. This AD requires revising the existing RFM for 
your helicopter, as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 17, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 17, 
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; phone: +49 221 8999 000; email: <a href="/cdn-cgi/l/email-protection#6f2e2b1c2f0a0e1c0e410a1a1d001f0e410a1a"><span class="__cf_email__" data-cfemail="5d1c192e1d383c2e3c7338282f322d3c733828">[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. It is also available 
in the AD docket 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 final rule, the 
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; phone: (516) 228-7330; email: <a href="/cdn-cgi/l/email-protection#0a6b646e786f6b246063676f646f704a6c6b6b246d657c"><span class="__cf_email__" data-cfemail="05646b617760642b6f6c68606b607f456364642b626a73">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    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), to correct an unsafe condition for all Airbus 
Helicopters (formerly Eurocopter, Eurocopter France) Model EC 155 B and 
EC 155 B1 helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus Helicopters 
Model EC 155B and EC155B1 helicopters. The NPRM published in the 
Federal Register on February 10, 2022 (87 FR 7768). The NPRM was 
prompted by a report of a discrepancy in the 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 on the number of passengers on board. The NPRM 
proposed to require revising the existing RFM for your helicopter, as 
specified in EASA AD 2021-0225.
    The FAA is issuing this AD to address a discrepancy in the 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 on the number of 
passengers on board, 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.

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

    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.

Differences Between This AD and the EASA AD

    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 AD does 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 AD allows 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 AD requires 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.

[[Page 21550]]

Costs of Compliance

    The FAA estimates that this AD affects 18 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.

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hours x $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

    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:

2022-08-02 Airbus Helicopters: Amendment 39-22005; Docket No. FAA-
2022-0097; Project Identifier MCAI-2021-01115-R.

(a) Effective Date

    This airworthiness directive (AD) is effective May 17, 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 stay-up 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) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#c5fce8849396e8848c97e8f2f6f5e884888a8685a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="083125495e5b2549415a253f3b38254945474b486e6969266f677e">[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.

(k) Related Information

    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:

[[Page 21551]]

(516) 228-7330; email: <a href="/cdn-cgi/l/email-protection#96f7f8f2e4f3f7b8fcfffbf3f8f3ecd6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="6908070d1b0c08470300040c070c13290f0808470e061f">[email protected]</span></a>.

(l) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0225, 
dated October 8, 2021.
    (ii) [Reserved]
    (3) For the EASA AD 2021-0225, contact Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
<a href="/cdn-cgi/l/email-protection#a5e4e1d6e5c0c4d6c48bc0d0d7cad5c48bc0d0"><span class="__cf_email__" data-cfemail="acede8dfecc9cddfcd82c9d9dec3dccd82c9d9">[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.
    (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. This material may be 
found in the AD docket at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0097.
    (5) You may view this material 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#4e283c6027203d3e2b2d3a2721200e202f3c2f60292138"><span class="__cf_email__" data-cfemail="6b0d19450205181b0e081f0204052b050a190a450c041d">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-07709 Filed 4-11-22; 8:45 am]
BILLING CODE 4910-13-P


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