Proposed Rule2024-01989
Airworthiness Directives; Airbus Helicopters
Primary source
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Published
February 2, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Helicopters Model AS332C, AS332C1, AS3322L, AS332L1, AS332L2, and EC225LP helicopters. This proposed AD was prompted by a report of cracks on the fuel filter bowl (bowl) due to over-torquing. This proposed AD would require visually inspecting the bowls of the right hand (RH) and left hand (LH) fuel filters for any cracks and seepage. Depending on the inspection results, this proposed AD would require removing an affected fuel filter from service and replacing that part. This proposed AD would also allow a certain fuel filter to be installed on a helicopter if certain actions are accomplished, 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.
Full Text
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<title>Federal Register, Volume 89 Issue 23 (Friday, February 2, 2024)</title>
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[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Proposed Rules]
[Pages 7302-7305]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01989]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0042; Project Identifier MCAI-2023-00659-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, AS3322L, AS332L1,
AS332L2, and EC225LP helicopters. This proposed AD was prompted by a
report of cracks on the fuel filter bowl (bowl) due to over-torquing.
This proposed AD would require visually inspecting the bowls of the
right hand (RH) and left hand (LH) fuel filters for any cracks and
seepage. Depending on the inspection results, this proposed AD would
require removing an affected fuel filter from service and replacing
that part. This proposed AD would also allow a certain fuel filter to
be installed on a helicopter if certain actions are accomplished, 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 March 18,
2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-0042; 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:
<bullet> For EASA material identified in this NPRM, contact EASA,
Konrad-Adenauer Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email <a href="/cdn-cgi/l/email-protection#8dccc9fecde8ecfeeca3e8f8ffe2fdeca3e8f8"><span class="__cf_email__" data-cfemail="6c2d281f2c090d1f0d4209191e031c0d420919">[email protected]</span></a>; internet easa.europa.eu. You may find
the EASA material on the EASA website at ad.easa.europa.eu.
<bullet> You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N 321,
Fort Worth, TX
[[Page 7303]]
76177. For information on the availability of this material at the FAA,
call (817) 222-5110. The EASA material is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0042.
Other Related Service Information: For Airbus Helicopters service
information identified in this NPRM, contact Airbus Helicopters, 2701
North Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or
(800) 232-0323; fax (972) 641-3775; or at <a href="http://airbus.com/en/products-services/helicopters/hcare-services/airbusworld">airbus.com/en/products-services/helicopters/hcare-services/airbusworld</a>. 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 Avenue, Suite 410, Westbury, NY 11590; phone (781)
238-7244; email <a href="/cdn-cgi/l/email-protection#c6b1afaaaaafa7abe8aba5a5b3aaaabf86a0a7a7e8a1a9b0"><span class="__cf_email__" data-cfemail="ddaab4b1b1b4bcb0f3b0bebea8b1b1a49dbbbcbcf3bab2ab">[email protected]</span></a>.
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-2024-0042; Project Identifier
MCAI-2023-00659-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
<a href="http://regulations.gov">regulations.gov</a>, 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 Avenue, Suite 410,
Westbury, NY 11590; phone (781) 238-7244; email
<a href="/cdn-cgi/l/email-protection#addac4c1c1c4ccc083c0ceced8c1c1d4edcbcccc83cac2db"><span class="__cf_email__" data-cfemail="0a7d636666636b67246769697f6666734a6c6b6b246d657c">[email protected]</span></a>. 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 2023-0095, dated May 8, 2023 (EASA
AD 2023-0095), to correct an unsafe condition on Airbus Helicopters AS
332 C, AS 332 C1, AS 332 L, AS 332 L1, AS 332 L2, and EC 225 LP
helicopters, all serial numbers.
This proposed AD was prompted by a report of cracks on the bowl due
to over-torquing. The FAA is proposing this AD to inspect for cracks
and seepage on the bowl of the LH and RH fuel filter. The unsafe
condition, if not addressed, could result in failure of the bowl, in-
flight shutdown, and subsequent reduced control of the helicopter.
You may examine EASA AD 2023-0095 in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0042.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0095 requires a one-time inspection of the bowls of
the LH and RH fuel filters for cracks and seepage. Depending on the
inspection results, EASA AD 2023-0095 requires replacement of an
affected part with a serviceable part, as defined in EASA AD 2023-0095.
EASA AD 2023-0095 also allows certain fuel filters to be installed on a
helicopter if certain actions are accomplished.
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
(ASB) No. AS332-28.00.88, and Airbus Helicopters ASB No. EC225-28A030,
both Revision 0, and both dated April 25, 2023. This service
information specifies procedures for a visual inspection the bowls on
the RH and LH fuel filters for any cracks and seepage. Depending on the
inspection results, this service information specifies procedures to
remove and replace an affected fuel filter. This service information
also specifies sending an affected fuel filter along with certain
information to Airbus Helicopters, and performing an aspect check after
replacement of the affected parts.
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 evaluating all known relevant information and 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 2023-0095, 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 2023-0095 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0095 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 2023-0095 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-
0095. Service information referenced in EASA
[[Page 7304]]
AD 2023-0095 for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-0042 after the FAA final rule is published.
Differences Between This Proposed AD and the EASA AD
EASA AD 2023-0095 requires replacing each affected fuel filter with
a serviceable fuel filter if any discrepancy is detected, whereas this
proposed AD would require removing each affected fuel filter from
service and replacing it with a serviceable fuel filter, as described
in EASA AD 2023-0095, if any crack or seepage is detected.
Service information referenced in EASA AD 2023-0095 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 40 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.
Inspecting each bowl for cracks (with 2 bowls per helicopter) and
seepage would take approximately 1 work-hour for an estimated cost of
$170 per helicopter and $6,800 for the U.S. fleet.
Replacing an affected fuel filter with a serviceable fuel filter
would take approximately 1 work-hour and parts would cost approximately
$6,290 for an estimated cost of $6,375 per fuel filter replacement.
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-2024-0042; Project Identifier
MCAI-2023-00659-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 18, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus Helicopters Model AS332C, AS332C1,
AS332L, AS332L1, AS332L2, and EC225LP helicopters, certificated in
any category,
(d) Subject
Joint Aircraft Service Component (JASC) Code: 2821, Aircraft
fuel filter/strainer.
(e) Unsafe Condition
This AD was prompted by a report of cracks on the fuel filter
bowl (bowl) due to over-torquing. The FAA is proposing this AD to
inspect for cracks and seepage on the bowl of the left-hand (LH) and
right-hand (RH) fuel filter. The unsafe condition, if not addressed,
could result in failure of the bowl, in-flight shutdown, and
subsequent reduced 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
2023-0095, dated May 8, 2023 (EASA AD 2023-0095).
(h) Exceptions to EASA AD 2023-0095
(1) Where EASA AD 2023-0095 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2023-0095 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraph (1) of EASA AD 2023-0095 requires an
inspection ``in accordance with the instructions of the applicable
ASB,'' for this AD, replace that text with, ``in accordance with
paragraph 3.B.2.a. of the applicable ASB, except you are not
required to comply with paragraph 3.B.2.b or 3.B.3.''
(4) Where paragraph (2) of EASA AD 2023-0095 states ``replace
the affected part with a serviceable part in accordance with the
instructions of the applicable ASB,'' this AD requires replacing
those words with ``remove the affected part from service and replace
it with a serviceable part.''
(5) Where the service information referenced in EASA AD 2023-
0095 specifies to ``make sure that there is no crack and no seepage
on the bowls (a) of the RH and LH fuel filters (b),'' this AD
requires replacing those words with ``Inspect for any crack and
seepage on the bowls (a) of the RH and LH fuel filters (b).''
(6) Where the service information referenced in EASA AD 2023-
0095 specifies ``If there is a crack and/or a seepage on the bowls
(a) of the RH and LH fuel filters (b), comply with paragraph
3.B.2.b.,'' this AD requires replacing that text with ``If there is
a crack or seepage on the bowls (a) of the RH or LH fuel filter (b),
before further flight, remove the affected part from service and
replace with a serviceable part, as defined in EASA AD 2023-0095.''
(7) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0095.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-0095
specifies to submit certain information and return parts to the
manufacturer, this AD does not include those requirements.
(j) Special Flight Permit
Special flight permits are prohibited.
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve
[[Page 7305]]
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 (l) of this AD. Information may be
emailed to: <a href="/cdn-cgi/l/email-protection#dde4f09c8b8ef09c948ff0eaeeedf09c90929e9dbbbcbcf3bab2ab"><span class="__cf_email__" data-cfemail="5b62761a0d08761a1209766c686b761a1614181b3d3a3a753c342d">[email protected]</span></a>.
(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 Dan McCully,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone (781) 238-7244; email
<a href="/cdn-cgi/l/email-protection#88ffe1e4e4e1e9e5a6e5ebebfde4e4f1c8eee9e9a6efe7fe"><span class="__cf_email__" data-cfemail="c3b4aaafafaaa2aeedaea0a0b6afafba83a5a2a2eda4acb5">[email protected]</span></a>.
(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 this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0095,
dated May 8, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0095, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#edaca99ead888c9e8cc388989f829d8cc38898"><span class="__cf_email__" data-cfemail="0a4b4e794a6f6b796b246f7f78657a6b246f7f">[email protected]</span></a>; 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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#660014480f0815160305120f0908260807140748010910"><span class="__cf_email__" data-cfemail="98feeab6f1f6ebe8fdfbecf1f7f6d8f6f9eaf9b6fff7ee">[email protected]</span></a>.
Issued on January 26, 2024.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-01989 Filed 2-1-24; 8:45 am]
BILLING CODE 4910-13-P
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