[Federal Register Volume 89, Number 74 (Tuesday, April 16, 2024)]
[Proposed Rules]
[Pages 26794-26796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07878]


 ========================================================================
 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. 74 / Tuesday, April 16, 2024 / 
Proposed Rules  

[[Page 26794]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1002; Project Identifier MCAI-2022-01574-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 AS350B, AS350BA, AS350B1, AS350B2, 
AS350D, AS355E, AS355F, AS355F1, AS355F2, and AS355N helicopters. This 
proposed AD was prompted by reports of debonding on the leading edge 
protection of certain part-numbered main rotor blades (MRBs). This 
proposed AD would require repetitively tap inspecting the MRB and, 
depending on the results, taking corrective action. This proposed AD 
would also prohibit installing an affected MRB on any helicopter unless 
its requirements are met. 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 31, 
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-2024-1002; 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, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]. You may find the EASA material on the EASA website 
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-2024-1002.
    Other Related Service Information: For Airbus Helicopters service 
information identified in this NPRM, 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 Ave., Suite 410, Westbury, NY 11590; telephone (404) 
474-5548; 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-2024-1002; Project Identifier 
MCAI-2022-01574-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 Ave., Suite 410, 
Westbury, NY 11590; telephone (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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0246, dated December 12, 2022 
(EASA AD 2022-0246), to correct an unsafe condition for all Airbus 
Helicopters Model AS 350 B, AS 350 BA, AS 350 B1, AS 350 B2, AS 350 BB, 
AS 350 D, AS 355 E, AS 355 F, AS 355 F1, AS 355 F2, and AS 355 N 
helicopters.
    This proposed AD was prompted by reports of debonding on the 
stainless steel leading edge protection of certain part-numbered MRBs. 
The FAA is

[[Page 26795]]

proposing this AD to address the debonding of the MRB leading edge 
protection. The unsafe condition, if not detected and corrected, could 
lead to significant unbalance of the main rotor, a high level of 
vibration, failure of the main rotor, failure of the main gearbox, and 
subsequent loss of control of the helicopter.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0246 requires repetitively tap inspecting affected 
MRBs and, depending on findings, either repairing or replacing the MRB. 
For certain helicopters, EASA AD 2022-0246 prohibits installing an 
affected MRB unless it is a serviceable part as defined within and is 
inspected following installation. For other certain helicopters, EASA 
AD 2022-0246 prohibits installing an affected MRB.
    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 No. 
AS350-05.01.07 and No. AS355-05.00.91, both Revision 0 and dated 
December 6, 2022. This service information specifies procedures for tap 
inspecting the stainless steel leading edge protection of the MRB and, 
depending on the results, repairing or sending the MRB for repair to 
Airbus Helicopters. The service information also specifies sending 
certain information 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 2022-0246, 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 2022-0246 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0246 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 2022-0246 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-
0246. Service information referenced in EASA AD 2022-0246 for 
compliance will be available at regulations.gov under Docket No. FAA-
2024-1002 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2022-0246 applies to Model AS350BB helicopters, whereas 
this proposed AD would not because that model is not FAA-type 
certificated.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 405 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.
    Tap inspecting affected MRBs for disbonding would take up to 
approximately 1 work-hour (up to three MRBs per helicopter) for an 
estimated cost of up to $85 per helicopter and $34,425 for the U.S. 
fleet, per inspection cycle. Replacing a blade would take approximately 
6 work-hours and parts would cost up to approximately $84,000 for an 
estimated cost of up to $84,510 per MRB. The FAA has no data to 
determine the cost of or the number of helicopters that might need the 
MRB repaired.

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.

[[Page 26796]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Airbus Helicopters: Docket No. FAA-2024-1002; Project Identifier 
MCAI-2022-01574-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 31, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS350B, AS350BA, 
AS350B1, AS350B2, AS350D, AS355E, AS355F, AS355F1, AS355F2, and 
AS355N helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6210, Main Rotor 
Blades.

(e) Unsafe Condition

    This AD was prompted by reports of debonding on the stainless 
steel leading edge protection of certain main rotor blades (MRBs). 
The FAA is issuing this AD to address the debonding of the MRB 
leading edge protection. The unsafe condition, if not addressed, 
could result in a significant unbalance of the main rotor, a high 
level of vibration, failure of the main rotor, failure of the main 
gearbox, 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 
2022-0246, dated December 12, 2022 (EASA AD 2022-0246).

(h) Exceptions to EASA AD 2022-0246

    (1) Where EASA AD 2022-0246 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2022-0246 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where the service information referenced in paragraphs (2) 
and (3) of EASA AD 2022-0246 specifies sending removed blade(s) to 
Airbus Helicopters, this AD does not require that action.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0246.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0246 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) 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.

(k) Related Information

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

(l) 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 2022-0246, 
dated December 12, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0246, 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 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 April 9, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-07878 Filed 4-15-24; 8:45 am]
BILLING CODE 4910-13-P