[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Rules and Regulations]
[Pages 31116-31119]
[FR Doc No: 2022-11067]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0519; Project Identifier MCAI-2022-00589-R;
Amendment 39-22050; AD 2022-10-51]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters and Airbus
Helicopters Deutschland GmbH (AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Airbus Helicopters Model AS350B, AS350B1, AS350B2, AS350B3, AS350BA,
AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP, EC130B4, and
EC130T2 helicopters; and Airbus Helicopters Deutschland GmbH (AHD)
Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+,
EC135T3, MBB-BK 117 C-2, MBB-BK 117 D-2, and MBB-BK 117 D-3
helicopters. This AD was prompted by a supplier report of a non-
conformity occurring during production. This AD requires removing
certain flight control Flexball cables from service and prohibits
installing those flight control Flexball cables on any helicopter, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. This AD also requires reporting certain
information. The FAA previously sent an emergency AD to all known U.S.
owners and operators of these helicopters. The FAA is issuing this AD
to address the unsafe condition on these products.

DATES: This AD is effective June 7, 2022. Emergency AD 2022-10-51,
issued on May 3, 2022, which contained the requirements of this
amendment, was effective with actual notice.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 7,
2022.
    The FAA must receive comments on this AD by July 7, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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 [email protected]; internet
www.easa.europa.eu. You may find this IBR 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 North Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-
0000 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; 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<PHONE_NUMBER>. 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-2022-0519.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0519; 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 emergency 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: Kristi Bradley, Program Manager, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On May 3, 2022, the FAA issued Emergency AD 2022-10-51 for Airbus
Helicopters Model AS350B, AS350B1, AS350B2, AS350B3, AS350BA, AS350D,
AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP, EC130B4, and EC130T2
helicopters; and Airbus Helicopters Deutschland GmbH (AHD) Model
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+,
EC135T3, MBB-BK 117 C-2, MBB-BK 117 D-2, and MBB-BK 117 D-3
helicopters. Emergency AD 2022-10-51 requires removing certain part-
numbered and serial-numbered flight control Flexball cables from
service and prohibits installing those flight control Flexball cables
on any helicopter. Emergency AD 2022-10-51 also requires reporting
certain information to Airbus Helicopters or AHD, as applicable. The
FAA sent the emergency AD to all known U.S. owners and operators of
these helicopters. That action was prompted by EASA Emergency AD 2022-
0077-E, dated April 29, 2022 (EASA AD 2022-0077-E), to correct an
unsafe condition for Airbus Helicopters (AH), formerly Eurocopter,
Eurocopter France, Aerospatiale, Model AS 350 B, AS 350 B1, AS 350 B2,
AS 350 B3, AS 350 BA, AS 350 BB, AS 350 D, AS 355 E, AS 355 F, AS 355
F1, AS 355 F2, AS 355 N, AS 355 NP, EC 130 B4, and EC 130 T2
helicopters, all serial numbers (S/Ns); and Airbus Helicopters
Deutschland GmbH (AHD), formerly Eurocopter Deutschland GmbH,
Eurocopter Espa[ntilde]a S.A., Model EC 135 T1, EC 135 T2, EC 135 T2+,
EC 135 T3, EC 135 P1, EC 135 P2, EC 135 P2+, EC 135 P3, EC 635 T1, EC
635 T2+, EC 635 T3, EC 635 P2+, EC 635 P3, MBB-BK 117 D-2, MBB-BK 117
D-3, MBB-BK 117 D-3m, and MBB-BK 117 C-2 helicopters, all S/Ns.
    The FAA is issuing this AD to address non-conforming flight control
Flexball cables, which, if not addressed, could result in increased
friction inside the flight control Flexball cables, jamming of the
flight controls, and subsequent loss of control of the helicopter. See
EASA AD 2022-0077-E for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0077-E requires replacing affected flight control
Flexball cables with a serviceable part and prohibits installing an
affected flight control Flexball cable on any helicopter.
    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 Emergency Alert Service
Bulletin (EASB) AS350 67.00.81, AS355 67.00.49, and EC130 67A023, which
are co-published as one document along with AS550 67.00.45 (military)
and AS555 67.00.34 (military), EASB EC135-67A-043, EASB EC135H-67A-016,
EASB MBB-BK117 C-2-67A-032, and EASB MBB-BK117 D-2-67A-021, each
Revision 0 and dated April 29, 2022. This service information specifies
procedures for determining if an affected Flexball is installed. If an
affected Flexball is installed, or if it cannot be determined if an
affected Flexball is installed, this service information specifies
procedures for replacing the Flexball, returning the removed Flexball
to the supplier, and completing and emailing a reply form sheet to
Airbus Helicopters Customer Support or Airbus Helicopters Service
Bulletin Germany, depending on your model helicopter.

FAA's Determination

    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 emergency AD. The FAA is issuing this
AD after evaluating all pertinent information and determining that the
unsafe condition exists and is likely to exist or develop on other
helicopters of the same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2022-0077-E, described previously, as IBRed, except for any differences
identified as exceptions in the regulatory text of this AD and except
as discussed under ``Differences Between this AD and the EASA AD.''

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,
EASA AD 2022-0077-E is IBRed in this FAA final rule. This AD,
therefore, requires compliance with EASA AD 2022-0077-E in its entirety
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this AD. Using common terms that
are the same as the heading of a particular section in EASA AD 2022-
0077-E 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 EASA AD 2022-0077-E. Service information referenced in
EASA AD 2022-0077-E for compliance will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0519 after this final rule is published.

Differences Between This AD and the EASA AD

    EASA AD 2022-0077-E applies to Airbus Helicopters Model AS 350 BB
helicopters and Airbus Helicopters Deutschland GmbH (AHD) Model EC 635
T1, EC 635 T2+, EC 635 T3, EC 635 P2+, EC 635 P3, and MBB-BK 117 D-3m
helicopters. This AD does not apply to those model helicopters because
those models are not FAA type-certificated and are not included on the
U.S. type certificate data sheet (TCDS), except where the TCDS explains
that the Model EC635T2+ helicopter having serial number 0858 was
converted from Model EC635T2+ to Model EC135T2+. The service
information referenced in EASA AD 2022-0077-E specifies sending removed
Flexball cables to the supplier; whereas, this AD requires removing an
affected part from service. EASA AD 2022-0077-E specifies that a single
ferry flight without passengers is allowed to a maintenance location
where the action required by the AD can be accomplished; whereas this
AD may allow a special flight permit or continuous authorization flight
for a single flight, provided that there are no passengers onboard and
that there is no noticeable increase in friction in the flight control
system. EASA AD 2022-0077-E does not require reporting information;
whereas, this AD does.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that required the immediate adoption of
Emergency AD 2022-10-51, issued on May 3, 2022, to all known U.S.
owners and operators of these helicopters. The FAA found that the risk
to the flying public justified waiving notice and comment prior to
adoption of this rule because the affected component is part of the
flight control system and is critical to the control of a helicopter. A
non-conforming flight control Flexball cable, if not corrected, could
result in jamming of the flight controls during various operations and
phases of flight, and over various terrains. Additionally, the FAA has
no information pertaining to how quickly the condition may propagate to
failure. In light of this, the initial actions required by this AD must
be accomplished before next flight. These conditions still exist,
therefore, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0519; Project Identifier MCAI-
2022-00589-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Kristi
Bradley, Program Manager, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects up to 1,785 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.
    Replacing a flight control Flexball cable takes about 8 work-hours
and parts cost about $804 to $13,555, depending on part number, for an
estimated cost of $1,484 to $14,235 per helicopter and up to $437,780
to $4,199,325 for the U.S. fleet (there are up to 295 affected flight
control Flexball cables installed in the U.S. fleet). Reporting
information takes about 0.5 work-hour for an estimated cost of $43 per
helicopter and up to $76,755 for the U.S. fleet.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 0.5 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2022-10-51 Airbus Helicopters and Airbus Helicopters Deutschland
GmbH (AHD): Amendment 39-22050; Docket No. FAA-2022-0519; Project
Identifier MCAI-2022-00589-R.

(a) Effective Date

    The FAA issued Emergency Airworthiness Directive (AD) 2022-10-51
on May 3, 2022, directly to affected owners and operators. As a
result of such actual notice, that AD was effective for those owners
and operators on the date it was provided. This AD contains the same
requirements as that emergency AD and, for those who did not receive
actual notice, is effective on June 7, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the helicopters identified in paragraphs
(c)(1) and (2) of this AD, certificated in any category.
    (1) Airbus Helicopters Model AS350B, AS350B1, AS350B2, AS350B3,
AS350BA, AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP,
EC130B4, and EC130T2 helicopters.
    Note 1 to paragraph (c)(1): Helicopters with an AS350B3e
designation are Model AS350B3 helicopters.
    (2) Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1,
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3,
MBB-BK 117 C-2, MBB-BK 117 D-2, and MBB-BK 117 D-3 helicopters.
    Note 2 to paragraph (c)(2): Helicopters with an EC135P3H
designation are Model EC135P3 helicopters. Helicopters with an
EC135T3H designation are Model EC135T3 helicopters. Helicopters with
an MBB-BK117 C-2e designation are Model MBB-BK117 C-2 helicopters.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2700, Flight
Control System.

(e) Unsafe Condition

    This AD was prompted by a supplier report of a non-conformity
occurring during

production. The FAA is issuing this AD to address non-conforming
flight control Flexball cables. The unsafe condition, if not
addressed, could result in increased friction inside the flight
control Flexball cables, jamming of the flight controls, and
subsequent loss of 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)
Emergency AD 2022-0077-E, dated April 29, 2022 (EASA AD 2022-0077-
E).

(h) Exceptions to EASA AD 2022-0077-E

    (1) Where EASA AD 2022-0077-E refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where the service information referenced in EASA AD 2022-
0077-E specifies returning a part to the supplier, this AD requires
removing an affected part from service.
    (3) The note to paragraph (1) of EASA AD 2022-0077-E does not
apply to this AD; instead, see the provisions in paragraph (j) of
this AD.
    (4) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2022-0077-E.

(i) Reporting Requirement

    Within 10 days after accomplishing the actions required by
paragraph (g) of this AD, report the information requested in
Appendix 1 to this AD to the email address identified in paragraph
(i)(1) or (2) of this AD, depending on your helicopter model.
    (1) For Model AS350B, AS350B1, AS350B2, AS350B3, AS350BA,
AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP, EC130B4,
and EC130T2 helicopters: [email protected].
    (2) For Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1,
EC135T2, EC135T2+, EC135T3, MBB-BK 117 C-2, MBB-BK 117 D-2, and MBB-
BK 117 D-3 helicopters: [email protected].

(j) Special Flight Permit

    A special flight permit or continuous authorization flight for a
single flight may be issued, provided that there are no passengers
onboard and that there is no noticeable increase in friction in the
flight control system.

(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: [email protected].
    (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
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
[email protected].

(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) Emergency AD
2022-0077-E, dated April 29, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0077-E, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; 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<PHONE_NUMBER>. This material may be
found in the AD docket at https://www.regulations.gov by searching
for and locating Docket No. FAA-2022-0519.
    (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
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Appendix 1 to Airworthiness Directive 2022-10-51

Conformity of the Flexballs (sample format)

    Provide the following information by email as follows:
    For Model AS350B, AS350B1, AS350B2, AS350B3, AS350BA, AS350D,
AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP, EC130B4, and
EC130T2 helicopters: [email protected].
    For Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2,
EC135T2+, EC135T3, MBB-BK 117 C-2, MBB-BK 117 D-2, and MBB-BK 117 D-
3 helicopters: [email protected].
Helicopter Model and Serial Number:
Flexball Part Number:
Flexball Serial Number:

    Issued on May 9, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-11067 Filed 5-19-22; 11:15 am]
BILLING CODE 4910-13-P