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PROPOSED AD AIRBUS HELICOPTERS: Docket No. FAA-2022-0297; Project Identifier MCAI-2021-01099-R.
(a) COMMENTS DUE DATE

    The FAA must receive comments on this airworthiness directive (AD)  by
    May 12, 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  AS350B, AS350BA,
    AS350B1, AS350B2, AS350B3,  AS350D, EC130B4, and  EC130T2 helicopters,
    certificated in any category.

(d) SUBJECT

    Joint Aircraft Service Component (JASC) Codes:  2400, Electrical Power
    System; 2800, Aircraft Fuel System; 2900, Hydraulic Power System; 5200
    Doors; 5300, Fuselage Structure;  6200, Main Rotor System;  6300, Main
    Rotor Drive System;  6400, Tail Rotor System;  6500,  Tail Rotor Drive
    System; and 6700, Rotorcraft Flight Control.

(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 ACTIONS

    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 2021-0194R1,  dated October 8, 2021  (EASA AD
    2021-0194R1).

(h) PROVISIONS FOR ALTERNATIVE REQUIREMENTS (AIRWORTHINESS LIMITATIONS)

    After the action required  by paragraph (g) of this AD  has 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 2021-0194R1.

(i) TERMINATING ACTION FOR ADS 2011-22-05 R1 AND 2016-25-20

(1) Accomplishing the actions required by this AD  terminates all require-
    ments of AD 2011-22-05 R1 for Model AS350B, AS350BA, AS350B1, AS350B2,
    AS350B3, and AS350D helicopters only.

(2) Accomplishing the actions required by this AD  terminates all require-
    ments of AD 2016-25-20 for Model AS350B,  AS350BA,  AS350B1,  AS350B2,
    AS350B3, AS350D, EC130B4, and EC130T2 helicopters only.

(j) SPECIAL FLIGHT PERMIT

    Special flight permits,  as described in 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 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)(2)  of this AD. Information may  be
    emailed to: 9-AVS-AIR-730-AMOC@faa.gov.

(2) Before using any approved AMOC,  notify your appropriate principal in-
    spector, or lacking  a principal inspector,  the manager of  the local
    flight standards district office/certificate holding district office.

(l) RELATED INFORMATION

(1) For EASA AD 2021-0194R1,  contact EASA,  Konrad-Adenauer-Ufer 3, 50668
    Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu
    internet www.easa.europa.eu. You may find this EASA AD on the EASA web
    site at https://ad.easa.europa.eu.  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 avail-
    ability of this material at the FAA call (817) 222-5110. This material
    may be found in the AD docket at https://www.regulations.gov by search
    -ing for and locating Docket No. FAA-2022-0297.

(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; telephone (516) 228-7330; email andrea.jimenez@faa
    .gov.

Issued on March 22, 2022. Lance T. Gant, Director, Compliance & Airworthi-
ness Division, Aircraft Certification Service.

DATES: The FAA must receive comments on this proposed AD by May 12, 2022.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


14 CFR Part 39


[Docket No. FAA-2022-0297; Project Identifier MCAI-2021-01099-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2,
AS350B3, AS350D, EC130B4, and EC130T2 helicopters. This proposed AD was
prompted by the identification of certain parts needing maintenance
actions, including life limits and maintenance tasks. This proposed AD
would require incorporating into maintenance records requirements
(airworthiness limitations), 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 May 12,
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: (202) 493-2251.
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 material that is proposed for IBR in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may
find this material on the EASA website at https://ad.easa.europa.eu.
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 is also available at https://www.regulations.gov
by searching for and locating Docket No. FAA-2022-0297.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0297; 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.

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; telephone (516) 228-7330; email andrea.jimenez@faa.gov.

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-2022-0297; Project Identifier
MCAI-2021-01099-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
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 NPRM.

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;
telephone (516) 228-7330; email andrea.jimenez@faa.gov. Any commentary
that the FAA receives that is not specifically designated as CBI will
be placed in the public docket for this rulemaking.

Background

EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0194R1, dated October 8, 2021
(EASA AD 2021-0194R1), to correct an unsafe condition for all Airbus
Helicopters, formerly Eurocopter, Eurocopter France, and Aerospatiale,
Model AS 350 B, AS 350 BA, AS 350 BB, AS 350 B1, AS 350 B2, AS 350 B3,
AS 350 D, EC 130 B4, and EC 130 T2 helicopters. Model AS 350 BB
helicopters are not certificated by the FAA and are not included on the
U.S. type certificate data sheet; this proposed AD therefore does not
include those helicopters in the applicability.
This proposed AD was prompted by the identification of certain
parts needing maintenance actions, including life limits and
maintenance tasks. The FAA is proposing this AD to address the failure
of certain parts, which could result in the loss of control of the
helicopter. See EASA AD 2021-0194R1 for additional background
information.

Relationship Between Proposed AD and ADs 2011-22-05 R1 and 2016-25-20

This NPRM would not propose to supersede 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). Rather, the FAA has determined that a stand-alone AD
would be more appropriate to address the changes in the EASA AD. This
proposed AD would require incorporating into maintenance records
requirements (airworthiness limitations). Accomplishment of the
proposed actions would then terminate all of the requirements of AD
2011-22-05 for Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, and
AS350D helicopters only; and all requirements of AD 2016-25-20 for
Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350D, EC130B4, and
EC130T2 helicopters only.

Related Service Information Under 1 CFR Part 51

EASA AD 2021-0194R1 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.

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 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 in This NPRM

This proposed AD would require incorporating into maintenance
records requirements (airworthiness limitations), which are specified
in EASA AD 2021-0194R1 described previously, except as discussed under
``Differences Between this Proposed AD and the EASA AD.''

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 airworthiness limitations section (ALS) of the
existing maintenance manual or instructions for continued airworthiness
to incorporate new or revised inspections and life limits. This
proposed AD, however, would require operators to 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 an EASA 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 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 proposed AD would allow
operators to incorporate later approved revisions of the ALS document
as specified in the Ref. Publications section of EASA AD 2021-0194R1
without the need for an alternative method of compliance (AMOC).

Differences Between This Proposed AD and the EASA AD


Paragraph (1) of EASA AD 2021-0194R1 requires compliance with
actions and associated thresholds and intervals, including life limits
and maintenance tasks, from September 3, 2021, the effective date of
EASA AD 2021-0194, dated August 20, 2021 (EASA AD 2021-0194). Paragraph
(3) of EASA AD 2021-0194R1 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 2021-0194. This proposed AD
would require incorporating into maintenance records requirements
(airworthiness limitations) within 30 days after the effective date of
this 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, the
FAA proposes to incorporate EASA AD 2021-0194R1 by reference in the FAA
final rule. Service information referenced in EASA AD 2021-0194R1 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0297 after the FAA final
rule is published.

Costs of Compliance


The FAA estimates that this AD, if adopted as proposed, would
affect 1,191 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 proposed AD. Incorporating requirements
(airworthiness limitations) into maintenance records would require
about 2 work-hours for a cost of $170 per helicopter and a cost of
$202,470 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


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

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: