[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Rules and Regulations]
[Pages 34770-34772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12183]


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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; 
Amendment 39-22068; AD 2022-11-18]
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 AS355E, AS355F, AS355F1, AS355F2, AS-365N2, AS 
365 N3, SA-365N, SA-365N1, EC 155B, and EC155B1 helicopters. 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. This AD requires 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 incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective July 13, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 13, 
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#3574714675505446541b5040475a45541b5040"><span class="__cf_email__" data-cfemail="b9f8fdcaf9dcd8cad897dccccbd6c9d897dccc">[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. 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. 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. 
Service information that is IBRed is also available in the AD docket 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 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; telephone (516) 228-7330; email <a href="/cdn-cgi/l/email-protection#7b1a151f091e1a551112161e151e013b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="f1909f95839490df9b989c949f948bb1979090df969e87">[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 2021-0265, 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 355F 1 and AS 355 F2 helicopters, 
all serial numbers.
    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 AS355E, AS355F, AS355F1, AS355F2, AS-365N2, AS 365 N3, SA-365N, 
SA-365N1, EC 155B, and EC155B1 helicopters. The NPRM published in the 
Federal Register on March 29, 2022 (87 FR 17955). The NPRM 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 NPRM proposed 
to require a one-time inspection of certain part-numbered engine 
cowlings, and corrective actions if necessary, as specified in EASA AD 
2021-0265.
    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

[[Page 34771]]

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.

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, except for minor editorial changes. Accordingly, the FAA is 
issuing this AD to address the unsafe condition on these helicopters.

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.

Differences Between This AD and EASA AD 2021-0265

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

Costs of Compliance

    The FAA estimates that this AD affects 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 AD.
    Inspecting each engine cowling takes 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 takes 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 takes about 4 work-hours and parts 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

    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:

2022-11-18 Airbus Helicopters: Amendment 39-22068; Docket No. FAA-
2022-0381; Project Identifier MCAI-2021-01314-R.

(a) Effective Date

    This airworthiness directive (AD) is effective July 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).

[[Page 34772]]

(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.
    (8) 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) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#71485c3027225c3038235c4642415c303c3e32311710105f161e07"><span class="__cf_email__" data-cfemail="9da4b0dccbceb0dcd4cfb0aaaeadb0dcd0d2deddfbfcfcb3faf2eb">[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

    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#adccc3c9dfc8cc83c7c4c0c8c3c8d7edcbcccc83cac2db"><span class="__cf_email__" data-cfemail="caaba4aeb8afabe4a0a3a7afa4afb08aacababe4ada5bc">[email protected]</span></a>.

(m) 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 2021-0265, 
dated November 23, 2021.
    (ii) [Reserved]
    (3) 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#8fcecbfccfeaeefceea1eafafde0ffeea1eafa"><span class="__cf_email__" data-cfemail="a7e6e3d4e7c2c6d4c689c2d2d5c8d7c689c2d2">[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.
    (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-2022-0381.
    (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#93f5e1bdfafde0e3f6f0e7fafcfdd3fdf2e1f2bdf4fce5"><span class="__cf_email__" data-cfemail="f79185d99e9984879294839e9899b799968596d9909881">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 24, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-12183 Filed 6-7-22; 8:45 am]
BILLING CODE 4910-13-P


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