[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Rules and Regulations]
[Pages 71283-71287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22856]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1998; Project Identifier MCAI-2023-01045-R; 
Amendment 39-22572; AD 2023-20-51]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and 
SA330J helicopters. This AD was prompted by a report of three newly 
supplied main rotor swashplate bushing retaining plates with oversized 
internal diameters. This AD requires accomplishing a one-time 
inspection to measure the internal diameter of affected bushing 
retaining plates and depending on the results, accomplishing an 
additional inspection, replacing non-conforming bushing retaining 
plates, or accomplishing additional corrective action, as specified in 
a European Union Aviation Safety Agency (EASA) AD, which is 
incorporated by reference. The FAA previously sent this AD as an 
emergency AD to all known U.S. owners and operators of these 
helicopters. The FAA is issuing this AD to address the unsafe condition 
on these products.

[[Page 71284]]


DATES: This AD is effective October 31, 2023. Emergency AD 2023-20-51, 
issued on October 2, 2023, which contained the requirements of this 
amendment, was effective with actual notice.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 31, 
2023.
    The FAA must receive comments on this AD by November 30, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1998; 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, any comments received, and other 
information. The address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material 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 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. It is also available at 
regulations.gov under Docket No. FAA-2023-1998.
    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; phone (972) 641-0000 
or (800) 232-0323; fax (972) 641-3775; or at airbus.com/en/products-services/helicopters/hcare-services/airbusworld. You may also view this 
service information at the FAA contact information under Material 
Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (404) 
474-5548; email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-1998; Project Identifier MCAI-
2023-01045-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Dan 
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone (404) 474-5548; 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

    The FAA issued Emergency AD 2023-20-51, dated October 2, 2023 (the 
emergency AD), to address an unsafe condition on Airbus Helicopters 
Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and SA330J 
helicopters. The FAA sent the emergency AD to all known U.S. owners and 
operators of these helicopters. The emergency AD requires accomplishing 
a one-time inspection to measure the internal diameter of affected 
bushing retaining plates and depending on the results, inspecting the 
scissor attachment ball joint seating or replacing non-conforming 
bushing retaining plates. Depending on the results of the scissor 
attachment ball joint seating inspection, the emergency AD requires 
accomplishing repair in accordance with a method approved by the FAA, 
EASA, or Airbus Helicopters' EASA Design Organization Approval (DOA). 
Lastly, the emergency AD prohibits installing an affected bushing 
retaining plate unless it has passed its required inspection.
    The emergency AD was prompted by EASA Emergency AD 2023-0174-E, 
dated October 2, 2023 (EASA AD 2023-0174-E), issued by EASA, which is 
the Technical Agent for the Member States of the European Union, to 
correct an unsafe condition on Airbus Helicopters Model SA 330 J, AS 
332 C, AS 332 C1, AS 332 L, AS 332 L1, and AS 332 L2 helicopters. EASA 
AD 2023-0174-E states that during an overhaul of a main rotor assembly, 
three newly supplied main rotor swashplate retaining bushes were 
identified as out of tolerance with a diameter of 39 mm (1.535 in.) 
instead of 31 mm (1.22 in.). EASA AD 2023-0174-E also states that 
affected retaining bushes may be installed on main rotor rotating and 
non-rotating swashplates.
    You may examine EASA AD 2023-0174-E in the AD docket at 
regulations.gov under Docket No. FAA-2023-1998.
    The FAA is issuing this AD to detect out of tolerance main rotor 
swashplate bushing retaining plates. This condition, if not addressed, 
could result in damage to the main rotor assembly and subsequent loss 
of control of the helicopter.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0174-E, which requires a one-time 
inspection to measure the internal diameter of affected retaining 
bushes and depending on the results, inspecting the scissor attachment 
ball joint seating or replacing non-

[[Page 71285]]

conforming retaining bushes. Depending on the results of the scissor 
attachment ball joint seating inspection, EASA AD 2023-0174-E requires 
contacting AH [Airbus Helicopters] for approved repair instructions and 
accomplishing those instructions accordingly. Lastly, EASA AD 2023-
0174-E prohibits installing an affected retaining bush unless it has 
passed its required inspection. Additionally, EASA AD 2023-0174-E 
refers to a ``bushing retaining plate'' as a ``retaining bush.''
    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 also reviewed Airbus Helicopters Emergency Alert Service 
Bulletins AS332-62-00-0001 and SA330-65-00-0003, each Revision 1 and 
dated September 29, 2023. This service information specifies procedures 
for measuring the internal diameter of the bush retainings on the 
rotating and non-rotating swashplates and, if at least one internal 
diameter of the three bush retainings is more than 33 mm (1.3 in.), 
contacting Airbus Helicopters, removing and discarding each out of 
tolerance bush retaining, and checking the ball joint seating on the 
support. If the ball joint is not properly seated on the support, this 
service information specifies contacting Airbus Helicopters to get a 
repair solution. Lastly, this service information specifies procedures 
for installing new bush retainings. Additionally, Airbus Helicopters 
refers to a ``bushing retaining plate'' as either a ``bush retaining,'' 
``stop ring,'' ``retaining bush,'' or ``locking ring'' in its service 
information.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
the European Union and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the European Union, 
EASA, its technical representative, has notified the FAA of the unsafe 
condition described in its emergency AD. The FAA is issuing this AD 
after evaluating all pertinent information and determining that the 
unsafe condition exists and is likely to exist or develop on other 
helicopters of these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2023-0174-E, described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and except as discussed under ``Differences Between this AD and 
the EASA Emergency 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, 
EASA AD 2023-0174-E is incorporated by reference in this FAA final 
rule. This AD, therefore, requires compliance with EASA AD 2023-0174-E 
in its entirety through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this AD. Using 
common terms that are the same as the heading of a particular section 
in EASA AD 2023-0174-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 2023-0174-E. Service information 
referenced in EASA AD 2023-0174-E for compliance will be available at 
regulations.gov under Docket No. FAA-2023-1998 after this final rule is 
published.

Differences Between This AD and the EASA Emergency AD

    The service information referenced in EASA AD 2023-0174-E specifies 
contacting Airbus Helicopters to get a repair solution and EASA AD 
2023-0174-E requires contacting AH [Airbus Helicopters] for approved 
repair instructions and accomplishing those instructions accordingly if 
a scissor attachment ball joint is not properly seated, whereas this AD 
requires repair done in accordance with a method approved by the FAA, 
EASA, or Airbus Helicopters' EASA DOA.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that required the immediate adoption of 
Emergency AD 2023-20-51, issued on October 2, 2023, to all known U.S. 
owners and operators of these helicopters. The FAA found that the risk 
to the flying public justified waiving notice and comment prior to 
adoption of this rule because the affected components are part of an 
assembly that is critical to the control of a helicopter. As the FAA 
has no information pertaining to the quantity of non-conforming 
components that may currently exist in the U.S. fleet or how quickly 
the condition may propagate to failure, the actions required by this AD 
must be accomplished within two days. These conditions still exist, 
therefore, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 14 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 the bushing retaining plates takes about 0.5 work-hour 
for an estimated cost of $43 per helicopter and up to $602 for the U.S. 
fleet. If required, replacing a non-conforming bushing retaining plate 
takes about 6 work-hours and parts cost about $600 for an estimated 
cost of $1,110 per replacement.
    If required, inspecting the scissor attachment ball joint seating 
takes about 3 work-hours and costs about $255 per helicopter. The 
corrective action that may be needed as a result of that

[[Page 71286]]

inspection could vary significantly from helicopter to helicopter. The 
FAA has no data to determine the costs to accomplish the corrective 
action or the number of helicopters that may require corrective action.

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, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2023-20-51 Airbus Helicopters: Amendment 39-22572; Docket No. FAA-
2023-1998; Project Identifier MCAI-2023-01045-R.

(a) Effective Date

    The FAA issued Emergency Airworthiness Directive (AD) 2023-20-51 
on October 2, 2023, directly to affected owners and operators. As a 
result of such actual notice, that emergency AD was effective for 
those owners and operators on the date it was provided. This AD 
contains the same requirements as that emergency AD and, for those 
who did not receive actual notice, is effective on October 31, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS332C, AS332C1, 
AS332L, AS332L1, AS332L2, and SA330J helicopters, certificated in 
any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6230, Main Rotor 
Mast/Swashplate.

(e) Unsafe Condition

    This AD was prompted by a report of three newly supplied main 
rotor swashplate bushing retaining plates with oversized internal 
diameters. The FAA is issuing this AD to detect out of tolerance 
main rotor swashplate bushing retaining plates. The unsafe 
condition, if not addressed, could result in damage to the main 
rotor assembly and subsequent loss of control of the helicopter.
    Note 1 to paragraph (e): European Union Aviation Safety Agency 
(EASA) Emergency AD 2023-0174-E, dated October 2, 2023 (EASA AD 
2023-0174-E), refers to a ``bushing retaining plate'' as a 
``retaining bush.'' The service information referenced in EASA AD 
2023-0174-E refers to a ``bushing retaining plate'' as either a 
``bush retaining,'' ``stop ring,'' ``retaining bush,'' or ``locking 
ring.''

(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, EASA AD 2023-0174-E.

(h) Exceptions to EASA AD 2023-0174-E

    (1) Where EASA AD 2023-0174-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2023-0174-E states, ``before 
next flight,'' for this AD, replace that text with, ``within two 
calendar days.''
    (3) Where paragraph (2) of EASA AD 2023-0174-E specifies 
inspecting the scissor attachment ball joint seating without a 
compliance time, this AD requires that action before further flight.
    (4) Where the service information referenced in EASA AD 2023-
0174-E specifies discarding parts, this AD requires removing those 
parts from service.
    (5) Where the service information referenced in EASA AD 2023-
0174-E specifies contacting Airbus Helicopters if at least one 
internal diameter of the three bushing retaining plates is more than 
33 mm (1.3 in), this AD does not require that action.
    (6) Where the service information referenced in EASA AD 2023-
0174-E specifies contacting Airbus Helicopters to get a repair 
solution and paragraph (4) of EASA AD 2023-0174-E requires 
contacting AH [Airbus Helicopters] for approved repair instructions 
and accomplishing those instructions accordingly if a scissor 
attachment ball joint is not properly seated, this AD requires 
repair done in accordance with a method approved by the Manager, 
International Validation Branch, FAA; or EASA; or Airbus 
Helicopters' EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.
    (7) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0174-E.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-
0174-E 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) 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

    For more information about this AD, contact Dan McCully, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone (404) 474-5548; email 
[email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this

[[Page 71287]]

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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) Emergency AD 
2023-0174-E, dated October 2, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0174-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 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.
    (5) You may view this material 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 11, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22856 Filed 10-12-23; 4:15 pm]
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