[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Proposed Rules]
[Pages 40164-40167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14325]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0808; Project Identifier MCAI-2022-00100-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 certain Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1 
and AS332L2 helicopters. This proposed AD was prompted by reports of a 
crack in the front upper hoist attachment fitting. This proposed AD 
would require inspecting each affected hoist attachment fitting 
(fitting) and depending on the results, removing any cracked fitting 
from service and reporting information. This proposed AD also prohibits 
installing an affected fitting unless the required actions are 
accomplished, 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 22, 
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-2022-0808.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0808; 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: Kristin Bradley, COS Program Manager, 
COS Program Management Section, Operational Safety Branch, 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-2022-0808; Project Identifier 
MCAI-2022-00100-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

[[Page 40165]]

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 
Kristin Bradley, COS Program Manager, COS Program Management Section, 
Operational Safety Branch, 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 Emergency AD 2022-0016-E, dated January 
26, 2022 (EASA AD 2022-0016-E), to correct an unsafe condition for 
Airbus Helicopters (AH), formerly Eurocopter, Eurocopter France, 
Aerospatiale, Model AS 332 C, AS 332 C1, AS 332 L, AS 332 L1, and AS 
332 L2 helicopters, equipped with front upper fitting manufacturer part 
number (MP/N) 332A87-1116-21, rear upper fitting MP/N 332A87-1117-20, 
or lower fitting MP/N 332A87-1176-20.
    This proposed AD was prompted by an occurrence of a front upper 
fitting crack reported on a helicopter equipped with a double hoist 
design, installed per a supplemental type certificate (STC). The STC 
has not been validated by the FAA; however, the FAA is proposing this 
AD because other hoists may have design similarities with the affected 
fitting installed. The FAA is proposing this AD to detect and address 
this unsafe condition, which if not corrected, could affect the 
structural integrity of a fitting, possibly leading to an in-flight 
detachment of the hoist support, and consequent damage to the 
helicopter or injury to a person being lifted. EASA considers its AD to 
be an interim action and further AD action may follow. See EASA AD 
2022-0016-E for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0016-E requires a one-time inspection of the front 
upper fitting MP/N 332A87-1116-21, rear upper fitting MP/N 332A87-1117-
20, and lower fitting MP/N 332A87-1176-20 for a crack. If there is a 
crack, EASA AD 2022-0016-E requires replacing the affected fitting. 
EASA AD 2022-0016-E also prohibits installing an affected fitting on 
any helicopter unless it passes the required inspection.
    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 25.03.95, Revision 0, dated January 25, 2022. This service 
information specifies procedures for inspecting and replacing an 
affected fitting. This service information also specifies reporting 
certain information to Airbus Helicopters, and for a cracked fitting, 
returning the fitting to Airbus Helicopters.

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 2022-0016-E, 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 EASA AD 2022-0016-E.''

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 2022-0016-E by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0016-E 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 2022-0016-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-
0016-E. Service information referenced in EASA AD 2022-0016-E for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0808 after the FAA final 
rule is published.

Differences Between This Proposed AD and EASA AD 2022-0016-E

    The EASA AD requires a compliance time of before next hoist 
operation or within 30 days, whichever occurs first after the effective 
date of EASA AD 2022-0016-E, whereas this proposed AD would require a 
compliance time of within 30 hours time in service or within 30 days, 
whichever occurs first after the effective date of this proposed AD. 
Where the service information referenced in the EASA AD specifies to 
perform dye penetrant inspection ``if you are not sure,'' this proposed 
AD would not require that action. Where EASA AD 2022-0016-E requires 
returning a fitting that was required to be removed as a result of the 
inspection, this proposed AD would not.

Interim Action

    The FAA considers this proposed AD would be an interim action. If 
final action is later identified, the FAA might consider further 
rulemaking then.

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.
    Inspecting all hoist attachment fittings would take about 0.5 work-
hour for an estimated cost of $42.50 per helicopter and $298 for the 
U.S. fleet.

[[Page 40166]]

    Replacing the front upper fitting would take about 4 hours and 
parts would cost $834 for an estimated cost of $1,174 per front upper 
fitting.
    Replacing the rear upper fitting would take about 4 hours and parts 
would cost $1,040 for an estimated cost of $1,380 per rear upper 
fitting.
    Replacing the lower fitting would take about 4 hours and parts 
would cost $1,874 for an estimated cost of $2,214 per lower fitting.
    The FAA estimates that it would take about 1 hour per product to 
comply with the proposed reporting requirement in this proposed AD. The 
average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting the inspection results on U.S. 
operators to be $595 or $85 per product.

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 a 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 current 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 take 
approximately 1 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

    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-2022-0808; Project Identifier 
MCAI-2022-00100-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 22, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS332C, AS332C1, 
AS332L, AS332L1, and AS332L2 helicopters, certificated in any 
category, with a front upper hoist attachment fitting manufacturer 
part number (MP/N) 332A87-1116-21, rear upper hoist attachment 
fitting MP/N 332A87-1117-20, or lower hoist attachment fitting MP/N 
332A87-1176-20, installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2500, Cabin 
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by reports of a crack on the front upper 
hoist attachment fitting. The FAA is issuing this AD to detect and 
address this unsafe condition, which could affect the structural 
integrity of a hoist attachment fitting, possibly leading to an in-
flight detachment of the hoist support, and consequent damage to the 
helicopter or injury to a person being lifted.

(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 2022-0016-E, dated January 26, 2022 (EASA AD 2022-0016-
E).

(h) Exceptions to EASA AD 2022-0016-E

    (1) Where EASA AD 2022-0016-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0016-E requires a compliance time of 
before next hoist operation or within 30 days, whichever occurs 
first after the effective date of EASA AD 2022-0016-E, this AD 
requires a compliance time of within 30 hours time in service or 
within 30 days, whichever occurs first after the effective date of 
this AD.
    (3) Where the service information referenced in EASA AD 2022-
0016-E specifies discarding parts, this AD requires removing those 
parts from service.
    (4) Where EASA AD 2022-0016-E specifies replacing parts and the 
service information referenced in EASA AD 2022-0016-E specifies 
returning parts to the manufacturer, this AD requires removing those 
parts from service.
    (5) Where the service information referenced in EASA AD 2022-
0016-E specifies reporting inspection results to Airbus Helicopters 
immediately after each inspection, this AD requires reporting 
inspection results at the following compliance times:
    (i) If there is not a crack, within 30 days after the 
inspection.
    (ii) If there is a crack, before the next hoist operation.
    (6) Where the service information referenced in EASA AD 2022-
0016-E specifies to perform dye penetrant inspection ``if you are 
not sure,'' this AD does not require a dye penetrant inspection.
    (7) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2022-0016-E.

[[Page 40167]]

(i) 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 (j)(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.

(j) Related Information

    (1) For EASA AD 2022-0016-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. 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-2022-0808.
    (2) For more information about this AD, contact Kristin Bradley, 
COS Program Manager, COS Program Management Section, Operational 
Safety Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone (817) 222-5110; email [email protected].

    Issued on June 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-14325 Filed 7-5-22; 8:45 am]
BILLING CODE 4910-13-P