[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Proposed Rules]
[Pages 94623-94626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27814]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2542; Project Identifier MCAI-2023-00611-R]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters (Type Certificate
Previously Held by Eurocopter France)
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2008-10-01 and AD 2010-05-51, which apply to certain Eurocopter France
(now Airbus Helicopters) Model EC120B helicopters. AD 2008-10-01
requires replacing certain part-numbered and serial-numbered spherical
thrust bearings. AD 2010-05-51 requires repetitively inspecting the
main rotor (M/R) head rotor hub (rotor hub) and, depending on the
results, taking corrective action. Since the FAA issued those ADs, the
manufacturer revised the airworthiness limitations section (ALS) to
incorporate various airworthiness limitations, tasks, and associated
thresholds and intervals that were previously contained in service
bulletins, as well as incorporate a new task. This proposed AD would
require revising the ALS of the existing maintenance manual (MM) or
instructions for continued airworthiness (ICAs) and the existing
approved maintenance or inspection program, as applicable, 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 NPRM by January 13, 2025.
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 94624]]
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-2542; 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 proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221
8999 000; email: [email protected]; website: 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 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-2024-2542.
FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aviation Safety
Engineer, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone:
(206) 231-3758; 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-2024-2542; Project Identifier
MCAI-2023-00611-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
the 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: (206) 231-3758; 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
The FAA issued AD 2008-10-01, Amendment 39-15507 (73 FR 24856, May
6, 2008) (AD 2008-10-01), for Eurocopter France (now Airbus
Helicopters) Model EC120B helicopters with spherical thrust bearings
part number (P/N) 7050A3622036 having serial number LK0130, LK0142,
LK0155, or LK0158, installed. AD 2008-10-01 was prompted by Direction
generale de l'aviation civile France (DGAC), which was the aviation
authority for France before the European Aviation Safety Agency, AD F-
2006-040, dated February 15, 2006 (DGAC France AD F-2006-040), to
address a batch of non-conforming spherical thrust bearings. AD 2008-
10-01 requires removing any identified spherical thrust bearing and
installing an airworthy spherical thrust bearing. The FAA issued AD
2008-10-01 to prevent failure of a spherical thrust bearing during
flight, which, if not addressed, could cause the M/R system to separate
from the helicopter, which would be catastrophic.
The FAA issued AD 2010-05-51, Amendment 39-16265 (75 FR 22510,
April 29, 2010) (AD 2010-05-51), for Eurocopter France (now Airbus
Helicopters) Model EC120B helicopters with a rotor hub P/N
C622A1002103, C622A1002104, or C622A1002105, installed. AD 2010-05-51
was prompted by European Aviation Safety Agency, which was the aviation
authority for France after the DGAC and before the European Union
Aviation Safety Agency, Emergency AD 2010-0026-E, dated February 19,
2010 (European Aviation Safety Agency Emergency AD 2010-0026-E), to
address failure of a rotor hub attachment area in one of the three drag
damper fittings. AD 2010-05-51 requires repetitively inspecting the
rotor hub, and depending on the results, sanding the area to inspect
for cracks, and replacing the rotor hub if cracks are found. The FAA
issued AD 2010-05-51 to prevent failure of a rotor hub, excessive
vibrations, loss of an M/R blade, and subsequent loss of control of the
helicopter.
Actions Since AD 2008-10-01 and AD 2010-05-51 Were Issued
Since the FAA issued AD 2008-10-01 and AD 2010-05-51, EASA, which
is the Technical Agent for the Member States of the European Union
(including France), has issued EASA AD 2023-0083, dated April 19, 2023
(EASA AD 2023-0083), to supersede DGAC France AD F-2006-040 and
European Aviation Safety Agency Emergency AD 2010-0026-E. EASA advises
that airworthiness limitations instructions are identified as mandatory
for continued airworthiness and that Revision 3 of AH [Airbus
Helicopters] EC 120 B Chapter 4 ALS, dated July 18, 2022, was issued to
introduce new, or more restrictive tasks, or both, including
incorporation of the requirements of DGAC France AD F-2006-040 and EASA
Emergency AD 2010-0026-E. Consequently, EASA AD 2023-0083 retains the
requirements of DGAC France AD F-2006-040 and European Aviation Safety
Agency Emergency AD 2010-0026-E and requires accomplishing the actions
specified in, and the incorporation into the Aircraft Maintenance
Programme (AMP) of, AH [Airbus Helicopters] EC 120 B Chapter 4 ALS,
Revision 3, dated July 18, 2022. According to EASA, failure to
accomplish these instructions could result in an unsafe condition. You
may examine EASA AD 2023-0083 in the AD docket at regulations.gov under
Docket No. FAA-2024-2542.
Lastly, since the FAA issued AD 2008-10-01 and AD 2010-05-51,
Eurocopter France changed its name to Airbus Helicopters; this NPRM
reflects that change.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2023-0083, which requires replacing
components before exceeding their life limits and accomplishing all
applicable maintenance tasks within thresholds and intervals specified
in the ALS as defined within. Depending on the results of the
maintenance tasks, EASA AD 2023-0083 requires accomplishing corrective
action(s) or contacting AH
[[Page 94625]]
[Airbus Helicopters] for approved instructions and accomplishing those
instructions.
Additionally, EASA AD 2023-0083 requires revising the AMP by
incorporating the limitations, tasks, and associated thresholds and
intervals described in the specified ALS, as applicable. Revising the
AMP constitutes terminating action for the requirement to record
accomplishment of the actions of replacing components before exceeding
their life limits and accomplishing maintenance tasks within thresholds
and intervals specified in the applicable ALS as required by EASA AD
2023-0083 for demonstration of AD compliance on a continued basis.
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.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
its AD referenced above. The FAA is issuing this NPRM after determining
that the unsafe condition described previously is likely to exist or
develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require revising the ALS of the existing MM
or ICAs and the existing approved maintenance or inspection program, as
applicable, by incorporating new or more restrictive actions and
associated thresholds and intervals, including any life limits,
specified in EASA AD 2023-0083, 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 2023-0083 by reference in the FAA
final rule. Using common terms that are the same as the heading of a
particular section in EASA AD 2023-0083 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-
0083. Material referenced in EASA AD 2023-0083 for compliance will be
available at regulations.gov under Docket No. FAA-2024-2542 after the
FAA final rule is published.
Differences Between This Proposed AD and the EASA AD
EASA AD 2023-0083 requires, as individual tasks, replacing certain
components before exceeding applicable life limits, accomplishing
certain maintenance tasks within thresholds and intervals as specified
in the ALS, as defined within, and depending on the results,
accomplishing corrective action(s), whereas this proposed AD would not.
EASA AD 2023-0083 also requires revising the approved AMP to
incorporate the limitations, tasks, and associated thresholds and
intervals described in that ALS within 12 months, whereas this proposed
AD would require revising the ALS of the existing MM or ICAs and the
existing approved maintenance or inspection program, as applicable, by
incorporating the limitations, tasks, and associated thresholds and
intervals described in that ALS within 30 days, and clarifies that if
the initial instance of an incorporated limitation or threshold therein
is reached before 30 days after the effective date of the final rule of
this proposed AD, you still have up to 30 days after the effective date
of the final rule of this proposed AD to accomplish the corresponding
task.
Lastly, the material referenced in ``the ALS,'' as defined in EASA
AD 2023-0083, specifies contacting Airbus [Helicopters] if there is a
crack in the rotor hub, whereas this proposed AD would not require
contacting Airbus Helicopters.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 65 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.
Revising the ALS of the existing MM or ICAs and the existing
approved maintenance or inspection program, as applicable, would take 1
work-hour, at an estimated cost of $85 per helicopter and $5,525 for
the U.S. fleet.
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 that the 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 94626]]
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]
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2. The FAA amends Sec. 39.13 by:
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a. Removing Airworthiness Directive 2008-10-01, Amendment 39-15507 (73
FR 24856, May 6, 2008), and AD 2010-05-51, Amendment 39-16265 (75 FR
22510, April 29, 2010); and
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b. Adding the following new airworthiness directive:
Airbus Helicopters (Type Certificate previously held by Eurocopter
France): Docket No. FAA-2024-2542; Project Identifier MCAI-2023-
00611-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 13, 2025.
(b) Affected ADs
This AD replaces AD 2008-10-01, Amendment 39-15507 (73 FR 24856,
May 6, 2008), and AD 2010-05-51, Amendment 39-16265 (75 FR 22510,
April 29, 2010).
(c) Applicability
This AD applies to Airbus Helicopters (type certificate
previously held by Eurocopter France) Model EC120B helicopters,
certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code: 6220, Main Rotor
Head.
(e) Unsafe Condition
This AD was prompted by new and more restrictive airworthiness
limitations. The FAA is issuing this AD to prevent failure of
certain parts, which if not addressed, could result in subsequent
loss of control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
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 AD 2023-0083,
dated April 19, 2023 (EASA AD 2023-0083).
(h) Exceptions to EASA AD 2023-0083
(1) Where EASA AD 2023-0083 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt paragraphs (1), (2), (4), and (5) of
EASA AD 2023-0083.
(3) Where paragraph (3) of EASA AD 2023-0083 specifies ``Within
12 months after the effective date of this AD, revise the approved
AMP,'' this AD requires replacing that text with ``Within 30 days
after the effective date of this AD, revise the airworthiness
limitations section of the existing maintenance manual or
instructions for continued airworthiness and the existing approved
maintenance or inspection program, as applicable.''
(4) Regarding ``the ALS'' as defined in EASA AD 2023-0083; where
the material referenced in ``the ALS'' in paragraph (3) of EASA AD
2023-0083 specifies contacting Airbus [Helicopters] if there is a
crack in the (main rotor head rotor) hub body, this AD does not
require contacting Airbus Helicopters.
(5) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0083 is on or before the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0083 or within 30 days
after the effective date of this AD, whichever occurs later.
(6) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0083.
(i) Provisions for Alternative Actions and Intervals
After the action required by paragraph (g) of this AD has been
done, no alternative actions and associated thresholds and
intervals, including life limits, are allowed unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2023-0083.
(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. If sending information directly to the manager of the
International Validation Branch, mail it to the address 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: (206) 231-3758; email: [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 the AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0083,
dated April 19, 2023.
(ii) [Reserved]
(3) For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: [email protected]; website: easa.europa.eu. You may
find the 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 November 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-27814 Filed 11-27-24; 8:45 am]
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