[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Proposed Rules]
[Pages 42397-42399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09549]


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 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. 95 / Wednesday, May 15, 2024 / 
Proposed Rules  

[[Page 42397]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1291; Project Identifier MCAI-2022-00901-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 SA330J helicopters. This proposed AD 
was prompted by a report of a main rotor gearbox (MGB) flange assembly 
coupling (coupling) that was incorrectly assembled. This proposed AD 
would require a one-time visual inspection to determine correct 
assembly of each sliding flange installed on each MGB coupling, and if 
necessary, further corrective actions. This proposed AD would also 
prohibit installing certain MGB couplings or any MGB equipped with 
certain MGB couplings on any helicopter. 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 NPRM by July 1, 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-2024-1291; 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]; 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. The EASA material is 
also available at regulations.gov under Docket No. FAA-2024-1291.
    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.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aviation Safety Engineer, 
FAA; 3960 Paramount Boulevard, Lakewood, CA 90712; telephone (303) 342-
1080; 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-2024-1291; Project Identifier 
MCAI-2022-00901-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 Hal 
Jensen, Aviation Safety Engineer, FAA; 3960 Paramount Boulevard, 
Lakewood, CA 90712; telephone (303) 342-1080; email [email protected]. 
Any commentary that the FAA receives which 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 2022-0140, dated July 7, 2022 (EASA 
AD 2022-0140), to correct an unsafe condition on Airbus Helicopters 
Model SA 330 J helicopters, all serial numbers.
    This proposed AD was prompted by a report of an incorrectly 
assembled MGB coupling part number (P/N) 330A32-9392-01 which was 
installed in the reverse position, deviating from the assembly 
instructions. The FAA is proposing this AD to detect and address 
incorrectly assembled MGB couplings, which if not addressed, could lead 
to loss of the drive transmission from the

[[Page 42398]]

left-hand or right-hand engine, and subsequent loss of control of the 
helicopter.
    You may examine the EASA AD in the AD docket at regulations.gov 
under Docket No. FAA-2024-1291.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0140 requires a one-time inspection of the left-hand 
and right-hand MGB coupling P/N 330A32-9392-01 for correct assembly. If 
any MGB coupling is incorrectly assembled, EASA AD 2022-0140 requires 
replacing an affected MGB coupling with a serviceable MGB coupling. 
EASA AD 2022-0140 also prohibits installing an affected MGB coupling or 
an MGB equipped with an affected coupling installed, on any helicopter 
unless it has passed inspection requirements.
    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 also reviewed Airbus Helicopters Alert Service Bulletin No. 
SA330-65.140, Revision 0, dated June 30, 2022, which specifies 
procedures for inspecting the assembly of the MGB coupling by ensuring 
the sliding flange is correctly assembled and there is no presence of 
embossments. This service information also specifies procedures for 
replacing an affected MGB coupling with a correctly assembled MGB 
coupling and instructions to send affected parts 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 of the 
unsafe condition described in its AD. The FAA is proposing this AD 
after 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 2022-0140, described previously, as incorporated by 
reference, except for any differences identified 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 2022-0140 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0140 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 2022-0140 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-
0140. Service information referenced in EASA AD 2022-0140 for 
compliance will be available at regulations.gov under Docket No. FAA-
2024-1291 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    If any incorrectly assembled MGB coupling is found during the 
inspection, EASA AD 2022-0140 requires replacing each affected part 
with a serviceable part, whereas this proposed AD would require 
removing each affected part from service and replacing it with a 
serviceable part, as defined in EASA AD 2022-0140.
    Service information referenced in EASA AD 2022-0140 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 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 proposed AD.
    Visually inspecting each MGB coupling would take approximately 4 
work-hours for an estimated cost of $340 per helicopter and up to 
$2,380 for the U.S. fleet.
    If required, removing and replacing the MGB coupling would take 
approximately 8 work-hours and parts would cost approximately $23,215 
for an estimated cost of $23,895 per helicopter.

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:

[[Page 42399]]

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-2024-1291; Project Identifier 
MCAI-2022-00901-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 1, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model SA330J 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6320, Main rotor 
gearbox.

(e) Unsafe Condition

    This AD was prompted by a report of an incorrectly assembled 
main rotor gearbox (MGB) flange assembly coupling (coupling). The 
FAA is issuing this AD to detect and address incorrectly assembled 
MGB couplings. The unsafe condition, if not addressed, could result 
in loss of the drive transmission from the left-hand or right-hand 
engine, 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 
2022-0140, dated July 7, 2022 (EASA AD 2022-0140).

(h) Exceptions to EASA AD 2022-0140

    (1) Where EASA AD 2022-0140 requires compliance in terms of 
flight hours, this AD, requires using hours time-in-service.
    (2) Where EASA AD 2022-0140 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2022-0140 states, ``in 
accordance with the instructions of the ASB,'' for this AD, replace 
that text with ``in accordance with the Accomplishment Instructions, 
paragraph 3.B.2.b. of the ASB, except you are not required to comply 
with paragraph 3.B.2.c.''
    (4) Where paragraph (2) of EASA AD 2022-0140 states to ``replace 
the affected part with a serviceable part, in accordance with the 
instructions of the ASB'' for this AD, replace that text with 
``remove the affected part, as defined in EASA AD 2022-0140, from 
service and replace it with a serviceable part, as defined in EASA 
AD 2022-0140, in accordance with the Accomplishment Instructions, 
paragraph 3.B.2.d. of the ASB, except you are not required to send 
an affected part to Airbus Helicopters or comply with paragraphs 2.D 
or 3.B.3 of the ASB.''
    (5) Where the service information referenced in EASA AD 2022-
0140 specifies ``install a flange assy coupling (1) correctly 
assembled,'' for this AD, replace that text with ``install a 
correctly assembled MGB coupling.''
    (6) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0140.

(i) No Reporting or Return of Parts

    Although the service information referenced in EASA AD 2022-0140 
specifies to submit certain information and return parts to the 
manufacturer, this AD does not require those actions.

(j) Special Flight Permits

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 in order to fly to a maintenance area to perform 
the required actions in this AD, provided there are no passengers 
onboard.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, West Certification 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 certification office, 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 Hal Jensen, Aviation 
Safety Engineer, FAA; 3960 Paramount Boulevard, Lakewood, CA 90712; 
telephone (303) 342-1080; 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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0140, 
dated July 7, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-00140, 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 April 26, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09549 Filed 5-14-24; 8:45 am]
BILLING CODE 4910-13-P