Proposed Rule2022-02769
Airworthiness Directives; Airbus Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Helicopters Model EC 155B and EC155B1 helicopters. This proposed 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 proposed AD would require revising the existing RFM for your helicopter, 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.
Full Text
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<title>Federal Register, Volume 87 Issue 28 (Thursday, February 10, 2022)</title>
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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Proposed Rules]
[Pages 7768-7770]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02769]
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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]
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 EC 155B and EC155B1 helicopters. This
proposed 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 proposed AD would require revising the
existing RFM for your helicopter, 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 March 28,
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 material that is proposed for IBR in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: <a href="/cdn-cgi/l/email-protection#febfba8dbe9b9f8d9fd09b8b8c918e9fd09b8b"><span class="__cf_email__" data-cfemail="cb8a8fb88baeaab8aae5aebeb9a4bbaae5aebe">[email protected]</span></a>; internet: www.easa.europa.eu. You may
find this material on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
by searching for and locating Docket No. FAA-2022-0097.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above. Comments will be available in the AD
docket shortly after receipt.
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#d3b2bdb7a1b6b2fdb9babeb6bdb6a993b5b2b2fdb4bca5"><span class="__cf_email__" data-cfemail="22434c465047430c484b4f474c4758624443430c454d54">[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-2022-0097; Project Identifier
MCAI-2021-01115-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposal.
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; phone: (516) 228-
7330; email: <a href="/cdn-cgi/l/email-protection#ceafa0aabcabafe0a4a7a3aba0abb48ea8afafe0a9a1b8"><span class="__cf_email__" data-cfemail="4928272d3b2c28672320242c272c33092f2828672e263f">[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
The 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) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus Helicopters (formerly Eurocopter, Eurocopter France)
Model EC 155 B and EC 155 B1 helicopters.
This proposed AD was prompted by a report of a discrepancy in the
RFM, where rotorcraft stay-up flying capabilities for Category B
operation were provided through performance data only, but not as
airworthiness limitations depending on the number of passengers on
board. The FAA is proposing 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. See EASA AD 2021-0225 for additional background
information.
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.
FAA's Determination and Requirements of This Proposed AD
These helicopters have been approved by EASA and are approved for
operation
[[Page 7769]]
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 these same type designs.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0225, 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 the MCAI.''
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 2021-0225 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0225 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 the EASA AD 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 the EASA AD.
Service information specified in EASA AD 2021-0225 that is required for
compliance with EASA AD 2021-0225 will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2022-
0097 after the FAA final rule is published.
Differences Between This Proposed AD and the MCAI
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 proposed AD would 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 proposed AD would allow 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 proposed AD would require 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.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 18 helicopters of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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1 work-hours x $85 per hour = $85............................ $0 $85 $1,530
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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
[[Page 7770]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Airbus Helicopters: Docket No. FAA-2022-0097; Project Identifier
MCAI-2021-01115-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 28, 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)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#063f2b4750552b474f542b3135362b474b49454660676728616970"><span class="__cf_email__" data-cfemail="a89185e9fefb85e9e1fa859f9b9885e9e5e7ebe8cec9c986cfc7de">[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
(1) For EASA AD 2021-0225, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email:
<a href="/cdn-cgi/l/email-protection#fdbcb98ebd989c8e9cd398888f928d9cd39888"><span class="__cf_email__" data-cfemail="5011142310353123317e3525223f20317e3525">[email protected]</span></a>; internet: www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket
No. FAA-2022-0097.
(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; phone: (516) 228-7330;
email: <a href="/cdn-cgi/l/email-protection#36575852445357185c5f5b5358534c7650575718515940"><span class="__cf_email__" data-cfemail="3f5e515b4d5a5e115556525a515a457f595e5e11585049">[email protected]</span></a>.
Issued on February 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02769 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P
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