[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Proposed Rules]
[Pages 38689-38691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13825]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0804; Project Identifier MCAI-2022-00081-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1 
helicopters. This proposed AD was prompted by review of maintenance 
instructions that showed conflicting methods of recording torque cycles 
for certain parts. This proposed AD would require recalculating the 
torque cycles of certain parts, updating log cards, and replacing those 
parts before exceeding their recalculated service life limits (life 
limits); removing certain other parts from service; and applying an 
operational restriction on certain parts, 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 August 15, 
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 EASA material that is proposed for IBR in this NPRM, 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. For Airbus Helicopters service information 
identified in this NPRM, 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 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 (817) 222-5110. The EASA material is 
also available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0804.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0804; 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: Kristi Bradley, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5110; email [email protected].

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-2022-0804; Project Identifier 
MCAI-2022-00081-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 
Kristi Bradley, Program Manager, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 
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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0012, dated January 24, 2022 
(EASA AD 2022-0012), to correct an unsafe condition for Airbus 
Helicopters (AH), formerly Eurocopter, Eurocopter France, Aerospatiale, 
Model AS 332 C, AS 332 C1, AS 332 L, and AS 332 L1 helicopters.
    This proposed AD was prompted by review of maintenance instructions 
that showed conflicting methods of recording torque cycles for certain 
parts. The FAA is proposing this AD to address under-calculated torque 
cycle accumulations and prevent a part from remaining in service beyond 
its fatigue

[[Page 38690]]

life. The unsafe condition, if not addressed, could result in failure 
of a part and subsequent loss of control of the helicopter. See EASA AD 
2022-0012 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0012 requires recalculating the torque cycles of 
certain affected parts, updating log cards, and replacing those parts 
before exceeding their recalculated service life limits. EASA AD 2022-
0012 also requires removing certain other affected parts from service 
and prohibits installing those parts. Lastly, EASA AD 2022-0012 applies 
an operational restriction to certain affected parts.
    The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB) 
No. AS332-01.00.76, Revision 1, dated March 8, 2022 (ASB AS332-
01.00.76, Rev 1). This service information specifies procedures for 
determining the corrected accumulated torque cycles and updating the 
log cards for certain parts, new life limits expressed in torque 
cycles, and new procedures for counting torque cycles.
    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 accomplishing the actions specified 
in EASA AD 2022-0012, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed 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, the 
FAA proposes to incorporate EASA AD 2022-0012 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0012 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2022-0012 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-
0012. Service information referenced in EASA AD 2022-0012 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0804 after the FAA final 
rule is published.

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 helicopter, the requirements (airworthiness 
limitations) specified in service information required by a CAA 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.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2022-0012 allows using Airbus Helicopters ASB No. AS332-
01.00.76, Revision 0, dated December 16, 2021, for corrective actions; 
whereas this proposed AD would not and would instead require using ASB 
AS332-01.00.76, Rev 1. EASA AD 2022-0012 requires replacing each 
affected part before exceeding its re-calculated life limit; whereas 
this proposed AD would require, within 30 days after the effective date 
of the AD, incorporating the re-calculated life limits into maintenance 
records required by 14 CFR 91.417(a)(2) or 135.439(a)(2), as applicable 
for your helicopter.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 7 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.
    Recalculating the torque cycles and updating maintenance records 
would take about 4 work-hours for an estimated cost of about $340 per 
helicopter and $2,380 for the U.S. fleet. Incorporating actions and 
associated thresholds and intervals, including life limits and 
maintenance tasks, into maintenance records, would require about 2 
work-hours for a cost of $170 per helicopter and a cost of $1,190 for 
the U.S. fleet. Replacing a main rotor shaft would take about 40 work-
hours and parts would cost about $175,684 for an estimated cost of 
$179,084. Replacing a main gearbox flexible mounting plate support 
would take about 80 work-hours and parts would cost about $57,457 for 
an estimated cost of $64,257.

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

[[Page 38691]]

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

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:

Airbus Helicopters: Docket No. FAA-2022-0804; Project Identifier 
MCAI-2022-00081-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 15, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS332C, AS332C1, 
AS332L, and AS332L1 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 1400, 
Miscellaneous Hardware.

(e) Unsafe Condition

    This AD was prompted by review of maintenance instructions that 
showed conflicting methods of recording torque cycles for certain 
parts. The FAA is issuing this AD to address under-calculated torque 
cycle accumulations and prevent a part from remaining in service 
beyond its fatigue life. The unsafe condition, if not addressed, 
could result in failure of a part 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 paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0012, dated January 24, 2022 (EASA AD 2022-0012).

(h) Exceptions to EASA AD 2022-0012

    (1) Where EASA AD 2022-0012 defines ``the ASB'' as ``AH Alert 
Service Bulletin (ASB) AS332-01.00.76,'' for this AD replace that 
definition with ``Airbus Helicopters Alert Service Bulletin No. 
AS332-01.00.76, Revision 1, dated March 8, 2022.''
    (2) Where EASA AD 2022-0012 references flight hours (FH) and the 
service information referenced in EASA AD 2022-0012 specifies life 
limit thresholds in terms of FH, this AD requires using total hours 
time-in-service.
    (3) Where EASA AD 2022-0012 refers to its effective date, this 
AD requires using the effective date of this AD.
    (4) This AD does not mandate paragraph (3) of EASA AD 2022-0012; 
instead, for this AD, 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 helicopter, 
the actions and associated thresholds and intervals, including life 
limits and maintenance tasks, specified in the Appendix, section 4., 
of Airbus Helicopters Alert Service Bulletin No. AS332-01.00.76, 
Revision 1, dated March 8, 2022. After the action required by this 
paragraph has been done, no alternative actions and associated 
thresholds and intervals, including life limits, may be used unless 
the actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (k)(1) of this AD.
    (5) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2022-0012.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0012 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits 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: [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

    (1) For EASA AD 2022-0012, 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. 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 may be found in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0804.
    (2) 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 (817) 222-5110; email 
[email protected].
    (3) For Airbus Helicopters service information identified in 
this AD, 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 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 (817) 222-5110.

    Issued on June 23, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-13825 Filed 6-28-22; 8:45 am]
BILLING CODE 4910-13-P