[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Proposed Rules]
[Pages 7302-7305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01989]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0042; Project Identifier MCAI-2023-00659-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, AS3322L, AS332L1, 
AS332L2, and EC225LP helicopters. This proposed AD was prompted by a 
report of cracks on the fuel filter bowl (bowl) due to over-torquing. 
This proposed AD would require visually inspecting the bowls of the 
right hand (RH) and left hand (LH) fuel filters for any cracks and 
seepage. Depending on the inspection results, this proposed AD would 
require removing an affected fuel filter from service and replacing 
that part. This proposed AD would also allow a certain fuel filter to 
be installed on a helicopter if certain actions are accomplished, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference. 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 March 18, 
2024.

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-2024-0042; 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.
    Material Incorporated by Reference:
     For EASA material identified in this NPRM, 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

[[Page 7303]]

76177. For information on the availability of this material at the FAA, 
call (817) 222-5110. The EASA material is also available at 
regulations.gov under Docket No. FAA-2024-0042.
    Other Related Service Information: 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 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 (781) 
238-7244; 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-2024-0042; Project Identifier 
MCAI-2023-00659-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 
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 Dan 
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone (781) 238-7244; 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 2023-0095, dated May 8, 2023 (EASA 
AD 2023-0095), to correct an unsafe condition on Airbus Helicopters AS 
332 C, AS 332 C1, AS 332 L, AS 332 L1, AS 332 L2, and EC 225 LP 
helicopters, all serial numbers.
    This proposed AD was prompted by a report of cracks on the bowl due 
to over-torquing. The FAA is proposing this AD to inspect for cracks 
and seepage on the bowl of the LH and RH fuel filter. The unsafe 
condition, if not addressed, could result in failure of the bowl, in-
flight shutdown, and subsequent reduced control of the helicopter.
    You may examine EASA AD 2023-0095 in the AD docket at 
regulations.gov under Docket No. FAA-2024-0042.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0095 requires a one-time inspection of the bowls of 
the LH and RH fuel filters for cracks and seepage. Depending on the 
inspection results, EASA AD 2023-0095 requires replacement of an 
affected part with a serviceable part, as defined in EASA AD 2023-0095. 
EASA AD 2023-0095 also allows certain fuel filters to be installed on a 
helicopter if certain actions are accomplished.
    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 Alert Service Bulletin 
(ASB) No. AS332-28.00.88, and Airbus Helicopters ASB No. EC225-28A030, 
both Revision 0, and both dated April 25, 2023. This service 
information specifies procedures for a visual inspection the bowls on 
the RH and LH fuel filters for any cracks and seepage. Depending on the 
inspection results, this service information specifies procedures to 
remove and replace an affected fuel filter. This service information 
also specifies sending an affected fuel filter along with certain 
information to Airbus Helicopters, and performing an aspect check after 
replacement of the affected parts.

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 of 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 the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2023-0095, 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 2023-0095 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0095 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 2023-0095 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-
0095. Service information referenced in EASA

[[Page 7304]]

AD 2023-0095 for compliance will be available at regulations.gov under 
Docket No. FAA-2024-0042 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2023-0095 requires replacing each affected fuel filter with 
a serviceable fuel filter if any discrepancy is detected, whereas this 
proposed AD would require removing each affected fuel filter from 
service and replacing it with a serviceable fuel filter, as described 
in EASA AD 2023-0095, if any crack or seepage is detected.
    Service information referenced in EASA AD 2023-0095 specifies 
reporting certain information and sending affected parts to Airbus 
Helicopters, whereas this proposed AD would not require sending 
information or parts to Airbus Helicopters.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 40 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 each bowl for cracks (with 2 bowls per helicopter) and 
seepage would take approximately 1 work-hour for an estimated cost of 
$170 per helicopter and $6,800 for the U.S. fleet.
    Replacing an affected fuel filter with a serviceable fuel filter 
would take approximately 1 work-hour and parts would cost approximately 
$6,290 for an estimated cost of $6,375 per fuel filter replacement.

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-2024-0042; Project Identifier 
MCAI-2023-00659-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 18, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS332C, AS332C1, 
AS332L, AS332L1, AS332L2, and EC225LP helicopters, certificated in 
any category,

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2821, Aircraft 
fuel filter/strainer.

(e) Unsafe Condition

    This AD was prompted by a report of cracks on the fuel filter 
bowl (bowl) due to over-torquing. The FAA is proposing this AD to 
inspect for cracks and seepage on the bowl of the left-hand (LH) and 
right-hand (RH) fuel filter. The unsafe condition, if not addressed, 
could result in failure of the bowl, in-flight shutdown, and 
subsequent reduced 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 
2023-0095, dated May 8, 2023 (EASA AD 2023-0095).

(h) Exceptions to EASA AD 2023-0095

    (1) Where EASA AD 2023-0095 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2023-0095 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2023-0095 requires an 
inspection ``in accordance with the instructions of the applicable 
ASB,'' for this AD, replace that text with, ``in accordance with 
paragraph 3.B.2.a. of the applicable ASB, except you are not 
required to comply with paragraph 3.B.2.b or 3.B.3.''
    (4) Where paragraph (2) of EASA AD 2023-0095 states ``replace 
the affected part with a serviceable part in accordance with the 
instructions of the applicable ASB,'' this AD requires replacing 
those words with ``remove the affected part from service and replace 
it with a serviceable part.''
    (5) Where the service information referenced in EASA AD 2023-
0095 specifies to ``make sure that there is no crack and no seepage 
on the bowls (a) of the RH and LH fuel filters (b),'' this AD 
requires replacing those words with ``Inspect for any crack and 
seepage on the bowls (a) of the RH and LH fuel filters (b).''
    (6) Where the service information referenced in EASA AD 2023-
0095 specifies ``If there is a crack and/or a seepage on the bowls 
(a) of the RH and LH fuel filters (b), comply with paragraph 
3.B.2.b.,'' this AD requires replacing that text with ``If there is 
a crack or seepage on the bowls (a) of the RH or LH fuel filter (b), 
before further flight, remove the affected part from service and 
replace with a serviceable part, as defined in EASA AD 2023-0095.''
    (7) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0095.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0095 
specifies to submit certain information and return parts to the 
manufacturer, this AD does not include those requirements.

(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

[[Page 7305]]

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 (781) 238-7244; 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 
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) AD 2023-0095, 
dated May 8, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0095, 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 at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on January 26, 2024.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-01989 Filed 2-1-24; 8:45 am]
BILLING CODE 4910-13-P