[Federal Register Volume 90, Number 68 (Thursday, April 10, 2025)]
[Rules and Regulations]
[Pages 15301-15304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06120]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 90, No. 68 / Thursday, April 10, 2025 / Rules
and Regulations
[[Page 15301]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0614; Project Identifier MCAI-2025-00008-R;
Amendment 39-23010; AD 2025-07-08]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1
helicopters. This AD results from a report of the loss of the tail
rotor pitch control due to a fracture of the tail rotor slide of the
tail rotor head (TRH) assembly. This AD requires inspecting the slide
of the control plate of the TRH assembly for any score, scratch, crack,
or corrosion, removing corrosion and replacing the TRH assembly, slide
of the control plate, or pitch control assembly if discrepancies are
found, and reporting the results of the inspection. This AD prohibits
installing an affected TRH assembly unless the actions of this AD are
accomplished. All of these actions are specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective April 25, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 25,
2025.
The FAA must receive comments on this AD by May 27, 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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2025-0614; 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 final rule, the mandatory continuing airworthiness
information (MCAI), 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 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 Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call (817) 222-5110. It is also available at
regulations.gov under Docket No. FAA-2025-0614.
FOR FURTHER INFORMATION CONTACT: Evan Weaver, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (316)
944-8910; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2025-0614; Project Identifier MCAI-
2025-00008-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Evan
Weaver, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590. 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 2025-0001, dated January 6, 2025
(EASA AD 2025-0001) (also referred to as the MCAI), to correct an
unsafe condition on Airbus Helicopters Model AS 332 C, AS 332 C1, AS
332 L, AS 332 L1 helicopters. The MCAI states there was a report of the
loss of the tail rotor pitch control on an AS 332 L1 helicopter. An
investigation discovered a fracture of the tail rotor slide of the TRH
assembly. Due to their similarity in type design to the Model AS332L1
helicopters in the affected area, the FAA determined that the unsafe
condition could also exist or
[[Page 15302]]
develop on Airbus Helicopters Model AS332C, AS332C1, and AS332L
helicopters. The unsafe condition, if not addressed, could result in
structural failure of the TRH assembly and reduced or loss of control
of the helicopter.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2025-0614.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2025-0001 specifies procedures for inspecting the slide of
the control plate of the TRH assembly for any score, scratch, crack, or
corrosion. Depending on the results of the inspection and the
configuration of the helicopter (PRE MOD 0766205 OR POST MOD 0766205),
EASA AD 2025-0001 specifies to remove corrosion and replace an affected
part (TRH assembly as defined in EASA AD 2025-0001) with one repaired
by Airbus Helicopters, replace the slide of the control plate of the
TRH pitch assembly, or replace the pitch control assembly.
Additionally, if any discrepancy is detected during the inspection,
EASA AD 2025-0001 specifies reporting the results of the inspection to
Airbus Helicopters. Lastly, EASA AD 2025-001 specifies that it is
allowed to install an affected part on a helicopter provided that the
affected part passes an inspection.
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 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 AD after
evaluating all known relevant information and determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
AD Requirements
This AD requires accomplishing the actions specified in EASA AD
2025-0001, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.
Interim Action
The FAA considers this AD to be an interim action. The manufacturer
is currently investigating the root cause of the unsafe condition
identified in this AD. If final action is later identified, the FAA
might consider further rulemaking to address this unsafe condition.
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,
EASA AD 2025-0001 will be incorporated by reference in this FAA final
rule. This AD therefore, requires compliance with EASA AD 2025-0001 in
its entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Using
common terms that are the same as the heading of a particular section
in EASA AD 2025-0001 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 2025-0001. Material referenced in
EASA AD 2025-0001 for compliance is available at regulations.gov under
Docket No. FAA-2025-0614.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
551 et seq.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because the affected components are part of an assembly that is
critical to the control of a helicopter. The loss of the tail rotor
pitch control has been reported, and an investigation revealed a
fracture of the tail rotor slide. This unsafe condition may lead to a
TRH assembly failure, which in turn can cause loss of control of the
helicopter. Since this condition can result rapidly and without
warning, the required actions must be done within 50 hours TIS, a time
period of up to two months based on the average flight-hour utilization
rates of these helicopters. However, a significant portion of these
helicopters in the U.S. fleet are high usage helicopters, which have an
increased likelihood of occurrence of a failure and will reach the
compliance time within a period of approximately one week based on the
average flight-hour utilization rates of these helicopters. These
compliance times are shorter than the time necessary for the public to
comment and for publication of the final rule. Accordingly, notice and
opportunity for prior public comment are impracticable and contrary to
the public interest pursuant to 5 U.S.C. 553(b).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 10 helicopters of U.S.
registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates that operators may incur the following
costs in order to comply with this AD.
Inspecting the TRH assembly will take 2 work-hours for an estimated
cost of $170 per helicopter and $1,700 for the U.S. fleet.
If required, removing corrosion from the slide of the control plate
of the TRH assembly will take 1 work-hour for an estimated cost of $85
per helicopter.
If required, replacing the slide of the control plate of the TRH
assembly will take 6 work-hours and parts will cost $8,042 for an
estimated cost of $8,552 per slide.
If required, replacing the TRH assembly will take 8 work-hours and
[[Page 15303]]
parts will cost $248,932 for an estimated cost of $249,612 per TRH
assembly.
If required, replacing the pitch control assembly will take 12
work-hours and parts will cost $30,000 for an estimated cost of $31,020
per pitch control assembly. If required, reporting the results of the
inspection to the manufacturer takes 1 work-hour for an estimated cost
of $85 per helicopter.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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
This AD will not have federalism implications under Executive Order
13132. This AD will 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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:
2025-07-08 Airbus Helicopters: Amendment 39-23010; Docket No. FAA-
2025-0614; Project Identifier MCAI-2025-00008-R.
(a) Effective Date
This airworthiness directive (AD) is effective April 25, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus Helicopters Model AS332C, AS332C1,
AS332L, and AS332L1 helicopters. certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 6420 Tail Rotor
Head.
(e) Unsafe Condition
This AD was prompted by a report of the loss of the tail rotor
pitch control. The FAA is issuing this AD to detect and address any
score, scratch, crack, or corrosion on the slide of the control
plate of the tail rotor head assembly. The unsafe condition, if not
addressed, could result in structural failure of the tail rotor head
assembly and reduced or 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 paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with European Union Aviation Safety Agency (EASA) AD
2025-0001, dated January 6, 2025 (EASA AD 2025-0001).
(h) Exceptions to EASA AD 2025-0001
(1) Where EASA AD 2025-0001 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2025-0001 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where the material referenced in EASA AD 2025-0001 specifies
discarding certain parts, this AD requires removing these parts from
service.
(4) Where paragraph (3.1) of EASA AD 2025-0001 specifies
replacing the TRH assembly with an assembly repaired in accordance
with AH instructions, this AD requires replacement in accordance
with a method approved by the Manager, International Validation
Branch, FAA, or EASA, or Airbus Helicopters Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA authorized signature.
(5) Where the material referenced in EASA AD 2025-0001 specifies
sending the TRH to Airbus Helicopters for replacement of the slide,
this AD requires replacement in accordance with a method approved by
the Manager, International Validation Branch, FAA, or EASA, or
Airbus Helicopters DOA. If approved by the DOA, the approval must
include the DOA authorized signature.
(6) Where paragraph (4) of EASA AD 2025-0001 states to submit
inspection results to AH within 30 days after that inspection, for
this AD, report inspection results at the applicable times specified
in paragraph (h)(6)(i) or (ii) of this AD.
(i) For an inspection done on or after the effective date of
this AD: Submit the report within 7 days after the inspection.
(ii) For an inspection done before the effective date of this
AD: Submit the report within 7 days after the effective date of this
AD.
(7) This AD does not adopt the ``Remarks'' section of EASA AD
2025-0001.
(i) Special Flight Permits
Special flight permits are prohibited.
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 (j) of
this AD and email to: [email protected].
[[Page 15304]]
(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.
(j) Additional Information
For more information about this AD, contact Evan Weaver,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (817) 222-5134; email:
[email protected].
(k) 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 the AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2025-0001,
dated January 6, 2025.
(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 April 4, 2025.
Paul R. Bernado,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-06120 Filed 4-7-25; 11:15 am]
BILLING CODE 4910-13-P