[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73238-73241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26011]


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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; 
Amendment 39-22232; AD 2022-23-05]
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 
certain Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, and 
AS332L2 helicopters. This AD was prompted by reports of a crack in the 
front upper hoist attachment fitting. This AD requires inspecting each 
affected hoist attachment fitting (fitting) and depending on the 
results, removing any cracked fitting from service and reporting 
information. This 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 incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective January 3, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 3, 
2023
    AD Docket: You may examine the AD docket at regulations.gov under 
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 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 [email protected]; 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-2022-0808.
    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: 
[email protected]; website: airbus.com/helicopters/services/technical-support.html. This service information 
is also available at the contact information under Material 
Incorporated by Reference above.

[[Page 73239]]


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: 

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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus 
Helicopters Model AS332C, AS332C1, AS332L, AS332L1, and AS332L2 
helicopters, with a front upper fitting MP/N 332A87-1116-21, rear upper 
fitting MP/N 332A87-1117-20, or lower fitting MP/N 332A87-1176-20, 
installed. The NPRM published in the Federal Register on July 6, 2022 
(87 FR 40164). The NPRM 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, other hoists may have 
design similarities with the affected fitting installed. In the NPRM, 
the FAA proposed to require inspecting each affected fitting and 
depending on the results, removing any cracked fitting from service. 
The NPRM also proposed to require reporting results of the inspection 
to the manufacturer, as specified in EASA AD 2022-0016-E.
    The FAA is issuing this AD to address cracking of the front upper 
fitting, which 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. 
See EASA AD 2022-0016-E for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Airbus Helicopters. The following 
presents the comment received on the NPRM and the FAA's response to the 
comment.

Request To Require Returning Parts

    Airbus Helicopter requested the FAA change the AD to require 
returning a cracked fitting to Airbus Helicopters for further 
engineering investigation as required by EASA AD 2022-0016-E.
    The FAA disagrees with this request because the FAA does not have 
the authority to direct operators to return defective components to the 
manufacturer. However, operators may choose to return a cracked fitting 
to Airbus Helicopters as this AD does not prohibit an operator from 
returning a part to a manufacturer. Additionally, this AD requires 
reporting inspection results to Airbus Helicopters within a specific 
compliance time. Airbus Helicopters will have direct knowledge of any 
non-compliances and can work with operators to return the parts at 
their discretion.

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 its AD. The FAA reviewed the relevant 
data, considered the comment received, 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. Except 
for minor editorial changes, this AD is adopted as proposed in the 
NPRM.

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 ADDRESSES.

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.

Differences Between This AD and the EASA AD

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

Interim Action

    The FAA considers this AD 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, affects 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 AD.
    Inspecting all hoist attachment fittings takes about 0.5 work-hour 
for an estimated cost of $42.50 per helicopter and $298 for the U.S. 
fleet.
    Replacing the front upper fitting takes about 4 hours and parts 
cost $834 for an estimated cost of $1,174 per front upper fitting.
    Replacing the rear upper fitting takes about 4 hours and parts cost 
$1,040 for an estimated cost of $1,380 per rear upper fitting.
    Replacing the lower fitting takes about 4 hours and parts cost 
$1,874 for an estimated cost of $2,214 per lower fitting.
    The FAA estimates that it takes about 1 hour per product to comply 
with the reporting requirement in this 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

[[Page 73240]]

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 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

    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

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:

2022-23-05 Airbus Helicopters: Amendment 39-22232; Docket No. FAA-
2022-0808; Project Identifier MCAI-2022-00100-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 3, 2023.

(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 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 a 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.

(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) 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) Additional Information

    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].

[[Page 73241]]

(k) 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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) Emergency AD 
2022-0016-E, dated January 26, 2022.
    (ii) [Reserved]
    (3) For EASA Emergency AD 2022-0016-E, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]; internet easa.europa.eu. You may find the 
EASA material on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at 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.
    (5) You may view this service information 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 27, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26011 Filed 11-28-22; 8:45 am]
BILLING CODE 4910-13-P