Rule2022-07709
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
April 12, 2022
Effective
May 17, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 70 (Tuesday, April 12, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <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
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.
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 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
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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
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 <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
(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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
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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