Proposed Rule2024-06731
Airworthiness Directives; Airbus Helicopters
Primary source
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Published
April 1, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Helicopters Model EC130B4 and EC130T2 helicopters. This proposed AD was prompted by the determination that fatigue cracks may develop at the root section of certain tail rotor blades (TRBs). This proposed AD would require repetitively fluorescent penetrant inspecting those TRBs and, depending on the results, accomplishing corrective action. This proposed AD would also prohibit installing certain TRBs unless certain actions are accomplished. 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.
Full Text
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<title>Federal Register, Volume 89 Issue 63 (Monday, April 1, 2024)</title>
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[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Proposed Rules]
[Pages 22356-22358]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06731]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 63 / Monday, April 1, 2024 / Proposed
Rules
[[Page 22356]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0765; Project Identifier MCAI-2022-00981-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 EC130B4 and EC130T2 helicopters. This
proposed AD was prompted by the determination that fatigue cracks may
develop at the root section of certain tail rotor blades (TRBs). This
proposed AD would require repetitively fluorescent penetrant inspecting
those TRBs and, depending on the results, accomplishing corrective
action. This proposed AD would also prohibit installing certain TRBs
unless certain actions are accomplished. 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 proposed AD by May 16,
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-2024-0765; 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, 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#e8a9ac9ba88d899b89c68d9d9a879889c68d9d"><span class="__cf_email__" data-cfemail="cb8a8fb88baeaab8aae5aebeb9a4bbaae5aebe">[email protected]</span></a>; website easa.europa.eu. You may find the
EASA material on the EASA website ad.easa.europa.eu.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0765.
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 website <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: Joe Salameh, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
(206) 231-3536; email <a href="/cdn-cgi/l/email-protection#62080d074c11030e030f070a220403034c050d14"><span class="__cf_email__" data-cfemail="254f4a400b5644494448404d654344440b424a53">[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-2024-0765; Project Identifier
MCAI-2022-00981-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 Joe
Salameh, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone (206) 231-3536; email
<a href="/cdn-cgi/l/email-protection#157f7a703b6674797478707d557374743b727a63"><span class="__cf_email__" data-cfemail="84eeebe1aaf7e5e8e5e9e1ecc4e2e5e5aae3ebf2">[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 2022-0150, dated July 21, 2022 (EASA
AD 2022-0150), to correct an unsafe condition on all Airbus Helicopters
Model EC 130 B4 and EC 130 T2 helicopters.
This proposed AD was prompted by the determination that fatigue
cracks may develop at the root section of certain part-numbered TRBs.
The FAA is proposing this AD to address fatigue cracks on a TRB, which
if not detected
[[Page 22357]]
and corrected, may lead to crack propagation and consequent TRB
failure, possibly resulting in loss of control of the helicopter.
You may examine EASA AD 2022-0150 in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0765.
Related AD
AD 2021-10-25, Amendment 39-21558 (86 FR 29176, June 1, 2021) (AD
2021-10-25) applies to certain Airbus Helicopters Model EC130B4 and
EC130T2 helicopters. AD 2021-10-25 requires cleaning the TRBs, visual
and dye penetrant inspections for cracks in the TRBs, a dimensional
inspection to verify conformity of the TRB, and corrective actions if
necessary. The FAA issued AD 2021-10-25 to address geometrical non-
conformities of the TRBs, which could lead to crack initiation and
consequent blade failure, and possible loss of control of the
helicopter. AD 2021-10-25 was prompted by EASA AD 2020-0187, dated
August 21, 2020.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0150 requires repetitively dye penetrant inspecting
certain part-numbered TRBs for cracking and, depending on the results,
replacing the TRB with a serviceable TRB. Also, EASA AD 2022-0150
prohibits installing certain TRBs on any helicopter unless its
requirements are met.
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 reviewed Airbus Helicopters Alert Service Bulletin (ASB)
No. EC130-05A041, Revision 0, dated July 7, 2022. This service
information specifies procedures for inspecting certain part-numbered
TRBs for cracks with dye penetrant.
The FAA also reviewed Airbus Helicopters ASB No. EC130-05A033,
Revision 1, dated February 9, 2021. This service information specifies
procedures for inspecting certain part-numbered TRBs for cracks and
accomplishing dimensional measurements of the distance from the drain
hole axis to the shoulder, rib thickness, and remaining thickness of
each TRB.
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 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 these same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0150, 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 2022-0150 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0150 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 2022-0150 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-
0150. Service information referenced in EASA AD 2022-0150 for
compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2024-0765 after the FAA final rule is published.
Differences Between This Proposed AD and the EASA AD
EASA AD 2022-0150 requires accomplishing dye penetrant inspections,
whereas this proposed AD would require fluorescent penetrant
inspections accomplished by a Level II or Level III inspector certified
in the FAA-acceptable standards for nondestructive inspection
personnel.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 275 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.
Fluorescent penetrant inspecting a TRB would take about 1 work-hour
for an estimated cost of up to $850 per helicopter (up to 10 affected
TRBs per helicopter) and $233,750 for the U.S. fleet, per inspection
cycle. Replacing a TRB would take about 4 work-hours and parts would
cost about $4,175 for an estimated cost of $4,515 per TRB.
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.
[[Page 22358]]
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-2024-0765; Project Identifier
MCAI-2022-00981-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 16, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Model EC130B4 and EC130T2
helicopters, certificated in any category.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 6410, Tail Rotor
Blades.
(e) Unsafe Condition
This AD was prompted by the determination that fatigue cracks
may develop at the root section of a tail rotor blade (TRB). The FAA
is issuing this AD to address fatigue cracks on a TRB. The unsafe
condition, if not addressed, could result in crack propagation, TRB
failure, 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
2022-0150, dated July 21, 2022 (EASA AD 2022-0150).
(h) Exceptions to EASA AD 2022-0150
(1) Where EASA AD 2022-0150 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2022-0150 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraph (1) of EASA AD 2022-0150 states to,
``accomplish a dye penetrant inspection of that affected part in
accordance with the instructions of the ASB;'' for this AD, replace
that text with, ``accomplish a fluorescent penetrant inspection
(FPI) of that affected part. This FPI must be accomplished by a
Level II or Level III inspector certified in the FAA-acceptable
standards for nondestructive inspection personnel.''
Note 1 to paragraph (h)(3): Advisory Circular 65-31B contains
examples of FAA-acceptable Level II and Level III qualification
standards criteria for inspection personnel doing nondestructive
test inspections.
(4) Instead of complying with paragraph (2) of EASA AD 2022-
0150, for this AD, comply with the following: ``As a result of the
inspection required by paragraph (1) of EASA AD 2022-0150, if there
is a crack, before further flight, remove the affected part, as
defined in EASA AD 2022-0150, from service and replace it with a
serviceable part, as defined in EASA AD 2022-0150.''
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0150.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-0150
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Special Flight Permit
Special flight permits are prohibited if there is a crack in a
TRB.
(k) 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 (l) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#122b3f5344413f535b403f2521223f535f5d51527473733c757d64"><span class="__cf_email__" data-cfemail="96afbbd7c0c5bbd7dfc4bba1a5a6bbd7dbd9d5d6f0f7f7b8f1f9e0">[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 Joe Salameh,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone (206) 231-3536; email
<a href="/cdn-cgi/l/email-protection#b0dadfd59ec3d1dcd1ddd5d8f0d6d1d19ed7dfc6"><span class="__cf_email__" data-cfemail="f892979dd68b999499959d90b89e9999d69f978e">[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 2022-0150,
dated July 21, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0150, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#d8999cab98bdb9abb9f6bdadaab7a8b9f6bdad"><span class="__cf_email__" data-cfemail="1e5f5a6d5e7b7f6d7f307b6b6c716e7f307b6b">[email protected]</span></a>; website easa.europa.eu. You may find the EASA
material on the EASA website ad.easa.europa.eu.
(4) 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.
(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#b3d5c19ddaddc0c3d6d0c7dadcddf3ddd2c1d29dd4dcc5"><span class="__cf_email__" data-cfemail="9dfbefb3f4f3eeedf8fee9f4f2f3ddf3fceffcb3faf2eb">[email protected]</span></a>.
Issued on March 20, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-06731 Filed 3-29-24; 8:45 am]
BILLING CODE 4910-13-P
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