[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Proposed Rules]
[Pages 51468-51471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13222]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1686; Project Identifier MCAI-2023-00595-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, AS332L, AS332L1, and 
SA330J helicopters. This proposed AD was prompted by the installation 
of unapproved main gearbox (MGB) forward and rear suspension bar 
attachment plates. This proposed AD would require inspecting or 
measuring the MGB forward and rear suspension bar attachment plates 
and, depending on the results, taking corrective action, 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 August 2, 
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.

[[Page 51469]]

    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1686; 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 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. The EASA material is also 
available at regulations.gov under Docket No. FAA-2024-1686.
    Other Related Material: For Airbus Helicopters material, 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: Hye Yoon Jang, Aviation Safety 
Engineer, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone 
(817) 222-5584; 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-2024-1686; Project Identifier 
MCAI-2023-00595-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 Hye 
Yoon Jang, Aviation Safety Engineer, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone (817) 222-5584; 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 a series of ADs, the most recent being EASA 
AD 2023-0076, dated April 11, 2023 (EASA AD 2023-0076), to correct an 
unsafe condition on Airbus Helicopters Model SA 330 J, AS 332 C, AS 332 
C1, AS 332 L, and AS 332 L1 helicopters.
    This proposed AD was prompted by the installation of unapproved MGB 
forward and left-hand (LH) and right-hand (RH) rear suspension bar 
attachment plates. The FAA is proposing this AD to ensure installation 
of approved parts. The unsafe condition, if not addressed, could result 
in damage to the MGB suspension bar attachment plates and surrounding 
fuselage structure, and subsequent failure of load carrying structural 
elements. See EASA AD 2023-0076 for additional background information.

Related Material Under 1 CFR Part 51

    EASA AD 2023-0076 requires measuring the thickness of the MGB 
forward suspension bar attachment plate and inspecting the LH and RH 
MGB rear suspension bar attachment plates. Depending on the results, 
EASA AD 2023-0076 requires contacting AH [Airbus Helicopters] for 
approved corrective action instructions and accomplishing those 
instructions accordingly.
    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 Material

    The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB) 
No. AS332-53.02.15, Revision 0, dated March 6, 2023, and ASB No. SA330-
53.56, Revision 0, dated April 3, 2023. This material specifies 
procedures for measuring the thickness of the MGB front suspension bar 
attachment plate and visually checking the LH and RH MGB rear 
suspension bar attachment plate versions. Depending on the results, 
this material specifies procedures for contacting Airbus Helicopter to 
get an approved repair.

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 issuing this NPRM 
after 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 2023-0076, 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 2023-0076 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0076 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

[[Page 51470]]

as the heading of a particular section in EASA AD 2023-0076 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 2023-0076. Material referenced in EASA AD 2023-0076 for 
compliance will be available at regulations.gov under Docket No. FAA-
2024-1686 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    If, during the inspection or measurement, any discrepancy is 
detected, EASA AD 2023-0076 specifies contacting AH [Airbus 
Helicopters] to obtain approved corrective action instructions and 
accomplishing those instructions, and the material referenced in EASA 
AD 2023-0076 specifies contacting Airbus Helicopters to get an approved 
repair, whereas this proposed AD would require accomplishing the 
corrective action before further flight in accordance with a method 
approved by the FAA, EASA, or Airbus Helicopters' EASA Design 
Organization Approval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 38 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.
    Measuring the thickness of the MGB forward suspension bar 
attachment plate and inspecting the LH and RH MGB rear suspension bar 
attachment plates would take approximately 2 work-hours for an 
estimated cost of $170 per helicopter and $6,460 for the U.S. fleet.
    The corrective action that may be needed as a result of the 
inspection or measurement 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

    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-2024-1686; Project Identifier 
MCAI-2023-00595-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 2, 2024.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 5311, Fuselage 
Main, Frame.

(e) Unsafe Condition

    This AD was prompted by the installation of unapproved main 
gearbox (MGB) forward and left-hand and right-hand rear suspension 
bar attachment plates. The FAA is issuing this AD to ensure 
installation of approved parts. The unsafe condition, if not 
addressed, could result in damage to the MGB suspension bar 
attachment plates and surrounding fuselage structure, and subsequent 
failure of load carrying structural elements.

(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 
2023-0076, dated April 11, 2023 (EASA AD 2023-0076).

(h) Exceptions to EASA AD 2023-0076

    (1) Where EASA AD 2023-0076 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2023-0076 refers to its effective date and 
March 21, 2023 (the effective date of EASA AD 2023-0049, dated March 
7, 2023), this AD requires using the effective date of this AD.
    (3) Where paragraph (2) of EASA AD 2023-0076 specifies 
contacting AH [Airbus Helicopters] for approved corrective action 
instructions and within the compliance time indicated therein, 
accomplishing those instructions accordingly and, where the material 
referenced in paragraph (2) of EASA AD 2023-0076 specifies 
contacting Airbus Helicopters to get an approved repair, this AD 
requires, before further flight, corrective action 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.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0049.

(i) No Reporting Requirement

    Although the material referenced in EASA AD 2023-0076 specifies 
to submit certain information to the manufacturer, this AD does not 
require that action.

[[Page 51471]]

(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 or email to: [email protected]. If mailing 
information, also submit information by email.
    (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) Additional Information

    For more information about this AD, contact Hye Yoon Jang, 
Aviation Safety Engineer, 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; phone (817) 222-5584; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0076, 
dated April 11, 2023.
    (ii) [Reserved]
    (3) 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 this EASA 
material on the EASA website at ad.easa.europa.eu.
    (4) 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.
    (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 June 11, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-13222 Filed 6-17-24; 8:45 am]
BILLING CODE 4910-13-P