DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0988; Project Identifier MCAI-2021-00438-R;
Amendment 39-22217; AD 2022-22-02]
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
Airbus Helicopters Model SA-365N, SA-365N1, AS-365N2, AS 365 N3, EC
155B, and EC155B1 helicopters. This AD was prompted by reports of the
cockpit doors failing to open after ditching with inflated floats on
certain helicopters equipped with an emergency flotation system (EFS).
This AD requires revising the existing Rotorcraft Flight Manual (RFM)
for your helicopter, installing placards, and depending on your model
helicopter, modification of the jettisoning system, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference (IBR). The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective December 21, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 21,
2022.

ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0988; 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.
Material Incorporated by Reference:
For service information identified in this final rule,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email ADs@easa.europa.eu; internet easa.europa.eu.
You may find the EASA material on the EASA website at
ad.easa.europa.eu.
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. It is also available at
regulations.gov under Docket No. FAA-2022-0988.
Other Related Service Information: For Airbus Helicopters service
information identified in this final rule, contact Airbus Helicopters,
2701 North Forum Drive, Grand Prairie, TX 75052, United States; phone:
(972) 641-0000 or (800) 232-0323; fax (972) 641-3775; email:
customersupport.helicopters@airbus.com; website: airbus.com/helicopters/
services/technical-support.html.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228-7323; email OperationalSafety@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

EASA, which is the Technical Agent for the Member States of the
European Union, has issued a series of ADs, with the most recent being
EASA AD 2021-0101R1, dated February 25, 2022 (EASA AD 2021-0101R1), 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, 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 SA-365N, SA-365N1, AS-365N2, AS 365 N3, EC 155B, and EC155B1
helicopters. The NPRM published in the Federal Register on August 12,
2022 (87 FR 49773). The NPRM was prompted by reports of failure of the
cockpit doors to open after ditching with inflated floats on certain
helicopters equipped with an EFS. EASA advises emergency evacuation was
only possible by jettisoning the hinged doors from the inside or by
accessing the emergency exits in the cabin. EASA further advises that
the passage from the cockpit to the cabin may be impaired on
helicopters with certain interior layouts. The NPRM proposed to require
revising the existing RFM for your helicopter, installing placards, and
depending on your model helicopter, modification of the jettisoning
system, as specified in EASA AD 2021-0101R1.
The FAA is issuing this AD to inform external rescuers that the
cockpit door jettison function needs to be utilized to successfully
egress incapacitated flight crew from the cockpit during an emergency
when the EFS is activated. See EASA AD 2021-0101R1 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 of the
unsafe condition described in the EASA AD referenced above. 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 2021-0101R1 requires amending the RFM; installing placards
on the left-hand (LH) and right-hand (RH) side of the helicopter; and
for certain helicopters, modifying the jettison system by installing an
external handle on the jettison system of the pilot and co-pilot doors.
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. AS365-52.00.27, Revision 1, dated June 4, 2021 (AS365-52.00.27, Rev
1), which specifies procedures for installing labels (placards) on the
pilot and co-pilot doors. AS365-52.00.27, Rev 1, also specifies
procedures for installing an external handle on the jettison system.
The FAA also reviewed Airbus Helicopters ASB No. AS365-52.00.29,
Revision 1, dated February 9, 2022, ASB No. AS365-52.00.29, Revision 0,
dated February 10, 2021, and ASB No. EC155-52A033, Revision 0, dated
September 30, 2020. This service information specifies procedures for
installing labels (placards) on the pilot and co-pilot doors.
The FAA also reviewed Airbus Helicopters Flight Manual (FM) SA 365
N Supplement, SUP.10.4, Normal Revision (NR) 7, date code 20-40; Airbus
Helicopters FM SA 365 N1 Supplement, SUP.10.4, NR 9, date code 20-40;
Airbus Helicopters FM AS 365 N2 Supplement, SUP.14, NR 6, date code 20-
40; Airbus Helicopters FM AS 365 N3 Supplement, SUP.14, NR 12, date
code 20-28; Airbus Helicopters FM EC 155 B Supplement, SUP.14, NR 7,
date code 20-11; and Airbus Helicopters FM EC 155 B1 Supplement,
SUP.14, NR 8, date code 20-11. This service information provides
updated procedures for ditching and emergency evacuation.

Differences Between This AD and the EASA AD

EASA AD 2021-0101R1 allows using Airbus Helicopters ASB No. AS365-
52.00.27, original issue, dated November 17, 2020 (including Erratum to
ASB AS365-52.00.27, original issue, dated January 21, 2021); whereas
this AD does not. This AD requires using AS365-52.00.27, Rev 1 instead.
Where paragraph (2) of EASA AD 2021-0101R1 specifies to ``modify the
helicopter in accordance with the instructions of Section 3 of the
applicable ASB,'' this AD requires using the instructions of Section
3.B. of the applicable ASB.
EASA AD 2021-0101R1 requires operators to ``inform all flight
crews'' of revisions to the RFM, and thereafter to ``operate the
helicopter accordingly.'' However, this AD does not specifically
require those actions. FAA regulations mandate compliance with only the
operating limitations section of the flight manual. The flight manual
changes required by this AD would apply to the emergency procedures and
normal procedures sections of the existing RFM for your helicopter.
Furthermore, compliance with such requirements in an AD is
impracticable to demonstrate or track on an ongoing basis; therefore, a
requirement to operate the aircraft in such a manner is unenforceable.
Nonetheless, the FAA recommends that flight crews of the helicopters
listed in the applicability operate in accordance with the revised
emergency procedures and normal procedures specified by this AD.
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 2021-0101R1 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) and 14 CFR 91.417(a)(2)(v). The record must be maintained
as required by 14 CFR 91.417, 121.380, or 135.439.
For certain helicopters, this AD requires revising section 4.1,
Normal Procedures, of the existing RFM for your helicopter to add a
check to the RH and LH Cockpit Door Jettison Handles, whereas EASA AD
2021-0101R1 does not require that action.

Costs of Compliance

The FAA estimates that this AD affects 40 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.
Revising the existing RFM for your helicopter takes about 0.25
work-hour for an estimated cost of $21 per helicopter and $840 for the
U.S. fleet.
Installing placards on the pilot and co-pilot doors takes about 1
work-hour and parts cost up to about $138 for an estimated cost of up
to $223 per helicopter.
For helicopters with the Airbus Helicopters Forward Looking
InfraRed (AH FLIR) system installed, installing placards on the pilot
and co-pilot doors takes about 0.5 work-hour and parts cost about $52 for
an estimated cost of $95 per helicopter.
If required, installing an external handle on the jettison system
takes about 7 work-hours and parts cost about $1,328 for an estimated
cost of $1,923 per helicopter and $51,921 for the U.S. fleet (27
helicopters).
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

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

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: