Rule2022-20542
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
September 22, 2022
Effective
October 27, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus Helicopters Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters. This AD was prompted by the identification of certain parts needing maintenance actions, including life limits and maintenance tasks. This AD requires incorporating into existing maintenance records requirements (airworthiness limitations), 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 183 (Thursday, September 22, 2022)</title>
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[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57814-57817]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20542]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0805; Project Identifier MCAI-2021-00951-R;
Amendment 39-22182; AD 2022-19-13]
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, AS355N,
[[Page 57815]]
and AS355NP helicopters. This AD was prompted by the identification of
certain parts needing maintenance actions, including life limits and
maintenance tasks. This AD requires incorporating into existing
maintenance records requirements (airworthiness limitations), 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 October 27, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 27,
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#ce8f8abd8eabafbdafe0abbbbca1beafe0abbb"><span class="__cf_email__" data-cfemail="0342477043666270622d6676716c73622d6676">[email protected]</span></a>; internet
easa.europa.eu. You may find the EASA material on the EASA website at
ad.easa.europa.eu. For Airbus Helicopters service information
identified in this final rule, contact Airbus Helicopters, 2701 North
Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800)
232-0323; fax (972) 641-3775; or at <a href="http://airbus.com/helicopters/services/technical-support.html">airbus.com/helicopters/services/technical-support.html</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. Service information that
is IBRed is also available in the AD docket at <a href="http://regulations.gov">regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0805.
Examining the AD Docket
You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> by searching for
and locating Docket No. FAA-2022-0805; 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: Kristi Bradley, Program Manager, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222-5110; email <a href="/cdn-cgi/l/email-protection#6f041d061c1b0601410d1d0e0b030a162f090e0e41080019"><span class="__cf_email__" data-cfemail="08637a617b7c6166266a7a696c646d71486e6969266f677e">[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 2021-0193, dated August 20, 2021
(EASA AD 2021-0193) to correct an unsafe condition for Airbus
Helicopters (AH), formerly Eurocopter, Eurocopter France, and
Aerospatiale, Model AS 355 E, AS 355 F, AS 355 F1, AS 355 F2, AS 355 N,
and AS 355 NP helicopters, all serial numbers. EASA AD 2021-0193
requires accomplishment of the actions in the applicable Airworthiness
Limitations Section (ALS) as defined in EASA AD 2021-0193.
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, AS355N, and AS355NP
helicopters. The NPRM published in the Federal Register on June 30,
2022 (87 FR 39019). The NPRM was prompted by the identification of
certain parts needing maintenance actions, including life limits and
maintenance tasks. The NPRM proposed to require incorporating into
maintenance records requirements (airworthiness limitations), as
specified in EASA AD 2021-0193.
Relationship Between This AD and Other Relevant Rulemaking
EASA AD 2021-0193 states that it takes over the requirements for
Model AS 355 helicopters from EASA AD 2010-0006, dated January 7, 2010
(EASA AD 2010-0006) (which prompted FAA AD 2011-22-05 R1, Amendment 39-
17765 (79 FR 14169, March 13, 2014) (AD 2011-22-05 R1)) and EASA AD
2015-0094, dated May 29, 2015 (EASA AD 2015-0094) (which prompted FAA
AD 2016-25-20, Amendment 39-18746 (81 FR 94954, December 27, 2016) (AD
2016-25-20)). EASA AD 2021-0193 also notes that the requirements of
EASA AD 2010-0006 and EASA AD 2015-0094 have been incorporated into the
applicable ALS specified in EASA AD 2021-0193.
Accordingly, this final rule does not supersede AD 2011-22-05 R1 or
AD 2016-25-20. Rather, the FAA has determined that a stand-alone AD is
more appropriate to address the changes in EASA AD 2021-0193.
Therefore, this AD requires incorporating into existing maintenance
records requirements (airworthiness limitations), as specified in the
applicable ALS, as defined in EASA AD 2021-0193. Accomplishment of the
required actions terminates all of the requirements of AD 2011-22-05 R1
and AD 2016-25-20 for Model AS355E, AS355F, AS355F1, AS355F2, AS355N,
and AS355NP helicopters only.
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. This AD is adopted as proposed in the
NPRM.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0193 requires certain actions and associated
thresholds and intervals, including life limits and maintenance tasks.
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 AS 355 E Chapter 04 ALS
Revision 010, dated September 14, 2020; Airbus Helicopters AS 355 F
Chapter 04 ALS Revision 010, dated September 14, 2020; Airbus
Helicopters AS 355 F1 Chapter 04 ALS Revision 010, dated September 14,
2020; Airbus Helicopters AS 355 F2 Chapter 04 ALS Revision 011, dated
September 14, 2020; Airbus Helicopters AS 355 N Chapter 04 ALS,
Revision 010, dated September 14, 2020; and Airbus Helicopters AS 355
NP Chapter 04 ALS Revision 009, dated February 4, 2019. This service
information specifies procedures for mandatory actions for continued
airworthiness.
ADs Mandating Airworthiness Limitations
The FAA has previously mandated airworthiness limitations by
mandating each airworthiness limitation task (e.g., inspections and
replacements (life limits)) as an AD requirement or issuing ADs that
require revising the ALS of the existing maintenance manual or
instructions for continued airworthiness
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to incorporate new or revised inspections and life limits. This AD,
however, requires operators to incorporate into maintenance records
required by 14 CFR 91.417(a)(2) or 135.439(a)(2), as applicable for
your helicopter, the requirements (airworthiness limitations) specified
in a civil aviation authority AD. The FAA does not intend this as a
substantive change. For these ADs, the ALS requirements for operators
are the same but are complied with differently. Requiring the
incorporation of the new ALS requirements into the existing maintenance
records, rather than requiring individual ALS tasks (e.g., repetitive
inspections and replacements), requires operators to record AD
compliance once after updating the maintenance records, rather than
after every time the ALS task is completed.
In addition, paragraph (h) of this AD allows operators to
incorporate later approved revisions of the ALS document as specified
in the Ref. Publications section of EASA AD 2021-0193 without the need
for an alternative method of compliance (AMOC).
Differences Between This AD and EASA AD 2021-0193
Paragraph (1) of EASA AD 2021-0193 requires compliance with actions
and associated thresholds and intervals, including life limits and
maintenance tasks, from the effective date of EASA AD 2021-0193.
Paragraph (3) of EASA AD 2021-0193 requires incorporating the actions
and associated thresholds and intervals, including life limits and
maintenance tasks, into the approved maintenance program within 12
months after the effective date of EASA AD 2021-0193. This AD requires
incorporating into existing maintenance records requirements
(airworthiness limitations) within 30 days after the effective date of
this AD.
Costs of Compliance
The FAA estimates that this AD affects 45 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.
Incorporating into existing maintenance records, requirements
(airworthiness limitations) takes about 2 work-hours for an estimated
cost of $170 per helicopter and $7,650 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 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:
2022-19-13 Airbus Helicopters: Amendment 39-22182; Docket No. FAA-
2022-0805; Project Identifier MCAI-2021-00951-R.
(a) Effective Date
This airworthiness directive (AD) is effective October 27, 2022.
(b) Affected ADs
This AD affects AD 2011-22-05 R1, Amendment 39-17765 (79 FR
14169, March 13, 2014) (AD 2011-22-05 R1); and AD 2016-25-20,
Amendment 39-18746 (81 FR 94954, December 27, 2016) (AD 2016-25-20).
(c) Applicability
This AD applies to all Airbus Helicopters Model AS355E, AS355F,
AS355F1, AS355F2, AS355N, and AS355NP helicopters, certificated in
any category.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 6410, Tail Rotor
Blades.
(e) Unsafe Condition
This AD was prompted by the identification of certain parts
needing maintenance actions, including life limits and maintenance
tasks. The FAA is issuing this AD to address the failure of certain
parts, which could result in the loss of control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Action
Within 30 days after the effective date of this AD, incorporate
into maintenance records required by 14 CFR 91.417(a)(2) or
135.439(a)(2), as applicable for your rotorcraft, the requirements
(airworthiness limitations) specified in paragraph (1) of European
Union Aviation Safety Agency (EASA) AD 2021-0193, dated August 20,
2021 (EASA AD 2021-0193).
(h) Provisions for Alternative Requirements (Airworthiness Limitations)
After the actions required by paragraph (g) of this AD have been
done, no alternative requirements (airworthiness limitations) are
allowed unless they are approved as specified in the provisions of
the ``Ref. Publications'' section of EASA AD 2021-0193.
(i) Terminating Action for ADs 2011-22-05 R1 and 2016-25-20
(1) Accomplishing the actions required by this AD terminates all
requirements of AD 2011-22-05 R1 for Model AS355E, AS355F, AS355F1,
AS355F2, AS355N, and AS355NP helicopters only.
(2) Accomplishing the actions required by this AD terminates all
requirements of AD 2016-25-20 for Model AS355E, AS355F, AS355F1,
AS355F2, AS355N, and AS355NP helicopters only.
(j) Special Flight Permit
Special flight permits in accordance with 14 CFR 21.197 and
21.199, are prohibited.
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve
[[Page 57817]]
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#97aebad6c1c4bad6dec5baa0a4a7bad6dad8d4d7f1f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="fac3d7bbaca9d7bbb3a8d7cdc9cad7bbb7b5b9ba9c9b9bd49d958c">[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 Kristi Bradley,
Program Manager, COS Program Management Section, Operational Safety
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Parkway, Fort Worth, TX 76177; telephone (817) 222-5110; email
<a href="/cdn-cgi/l/email-protection#d9b2abb0aaadb0b7f7bbabb8bdb5bca099bfb8b8f7beb6af"><span class="__cf_email__" data-cfemail="660d140f15120f0848041407020a031f2600070748010910">[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 2021-0193,
dated August 20, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0193, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#d79693a497b2b6a4b6f9b2a2a5b8a7b6f9b2a2"><span class="__cf_email__" data-cfemail="f1b0b582b194908290df9484839e8190df9484">[email protected]</span></a>; internet easa.europa.eu. You may find the EASA
material on the EASA website at 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 <a href="http://regulations.gov">regulations.gov</a> by searching for and
locating Docket No. FAA-2022-0805.
(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#284e5a0641465b584d4b5c4147466846495a49064f475e"><span class="__cf_email__" data-cfemail="a1c7d38fc8cfd2d1c4c2d5c8cecfe1cfc0d3c08fc6ced7">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on September 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-20542 Filed 9-21-22; 8:45 am]
BILLING CODE 4910-13-P
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