[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Proposed Rules]
[Pages 22356-22358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06731]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Proposed 
Rules  

[[Page 22356]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0765; Project Identifier MCAI-2022-00981-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 EC130B4 and EC130T2 helicopters. This 
proposed AD was prompted by the determination that fatigue cracks may 
develop at the root section of certain tail rotor blades (TRBs). This 
proposed AD would require repetitively fluorescent penetrant inspecting 
those TRBs and, depending on the results, accomplishing corrective 
action. This proposed AD would also prohibit installing certain TRBs 
unless certain actions are accomplished. These actions are 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 May 16, 
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-2024-0765; 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, 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]; website easa.europa.eu. You may find the 
EASA material on the EASA website ad.easa.europa.eu.
     You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, 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 regulations.gov under Docket No. FAA-2024-0765.
    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 website 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: Joe Salameh, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
(206) 231-3536; 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-2024-0765; Project Identifier 
MCAI-2022-00981-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 Joe 
Salameh, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone (206) 231-3536; 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 2022-0150, dated July 21, 2022 (EASA 
AD 2022-0150), to correct an unsafe condition on all Airbus Helicopters 
Model EC 130 B4 and EC 130 T2 helicopters.
    This proposed AD was prompted by the determination that fatigue 
cracks may develop at the root section of certain part-numbered TRBs. 
The FAA is proposing this AD to address fatigue cracks on a TRB, which 
if not detected

[[Page 22357]]

and corrected, may lead to crack propagation and consequent TRB 
failure, possibly resulting in loss of control of the helicopter.
    You may examine EASA AD 2022-0150 in the AD docket at 
regulations.gov under Docket No. FAA-2024-0765.

Related AD

    AD 2021-10-25, Amendment 39-21558 (86 FR 29176, June 1, 2021) (AD 
2021-10-25) applies to certain Airbus Helicopters Model EC130B4 and 
EC130T2 helicopters. AD 2021-10-25 requires cleaning the TRBs, visual 
and dye penetrant inspections for cracks in the TRBs, a dimensional 
inspection to verify conformity of the TRB, and corrective actions if 
necessary. The FAA issued AD 2021-10-25 to address geometrical non-
conformities of the TRBs, which could lead to crack initiation and 
consequent blade failure, and possible loss of control of the 
helicopter. AD 2021-10-25 was prompted by EASA AD 2020-0187, dated 
August 21, 2020.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0150 requires repetitively dye penetrant inspecting 
certain part-numbered TRBs for cracking and, depending on the results, 
replacing the TRB with a serviceable TRB. Also, EASA AD 2022-0150 
prohibits installing certain TRBs on any helicopter unless its 
requirements are met.
    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 Alert Service Bulletin (ASB) 
No. EC130-05A041, Revision 0, dated July 7, 2022. This service 
information specifies procedures for inspecting certain part-numbered 
TRBs for cracks with dye penetrant.
    The FAA also reviewed Airbus Helicopters ASB No. EC130-05A033, 
Revision 1, dated February 9, 2021. This service information specifies 
procedures for inspecting certain part-numbered TRBs for cracks and 
accomplishing dimensional measurements of the distance from the drain 
hole axis to the shoulder, rib thickness, and remaining thickness of 
each TRB.

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 2022-0150, 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 2022-0150 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0150 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 2022-0150 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-
0150. Service information referenced in EASA AD 2022-0150 for 
compliance will be available at regulations.gov under Docket No. FAA-
2024-0765 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2022-0150 requires accomplishing dye penetrant inspections, 
whereas this proposed AD would require fluorescent penetrant 
inspections accomplished by a Level II or Level III inspector certified 
in the FAA-acceptable standards for nondestructive inspection 
personnel.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 275 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.
    Fluorescent penetrant inspecting a TRB would take about 1 work-hour 
for an estimated cost of up to $850 per helicopter (up to 10 affected 
TRBs per helicopter) and $233,750 for the U.S. fleet, per inspection 
cycle. Replacing a TRB would take about 4 work-hours and parts would 
cost about $4,175 for an estimated cost of $4,515 per TRB.

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.

[[Page 22358]]

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-2024-0765; Project Identifier 
MCAI-2022-00981-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 16, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model EC130B4 and EC130T2 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6410, Tail Rotor 
Blades.

(e) Unsafe Condition

    This AD was prompted by the determination that fatigue cracks 
may develop at the root section of a tail rotor blade (TRB). The FAA 
is issuing this AD to address fatigue cracks on a TRB. The unsafe 
condition, if not addressed, could result in crack propagation, TRB 
failure, 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 
2022-0150, dated July 21, 2022 (EASA AD 2022-0150).

(h) Exceptions to EASA AD 2022-0150

    (1) Where EASA AD 2022-0150 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2022-0150 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2022-0150 states to, 
``accomplish a dye penetrant inspection of that affected part in 
accordance with the instructions of the ASB;'' for this AD, replace 
that text with, ``accomplish a fluorescent penetrant inspection 
(FPI) of that affected part. This FPI must be accomplished by a 
Level II or Level III inspector certified in the FAA-acceptable 
standards for nondestructive inspection personnel.''
    Note 1 to paragraph (h)(3): Advisory Circular 65-31B contains 
examples of FAA-acceptable Level II and Level III qualification 
standards criteria for inspection personnel doing nondestructive 
test inspections.
    (4) Instead of complying with paragraph (2) of EASA AD 2022-
0150, for this AD, comply with the following: ``As a result of the 
inspection required by paragraph (1) of EASA AD 2022-0150, if there 
is a crack, before further flight, remove the affected part, as 
defined in EASA AD 2022-0150, from service and replace it with a 
serviceable part, as defined in EASA AD 2022-0150.''
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0150.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0150 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits are prohibited if there is a crack in a 
TRB.

(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 Joe Salameh, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone (206) 231-3536; 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 2022-0150, 
dated July 21, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0150, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find the EASA 
material on the EASA website ad.easa.europa.eu.
    (4) You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, 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 March 20, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-06731 Filed 3-29-24; 8:45 am]
BILLING CODE 4910-13-P