Proposed Rule2025-03012
Airworthiness Directives; Airbus Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 25, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Helicopters Model AS350B2, AS350B3, and EC130B4 helicopters. This proposed AD was prompted by reports of broken cargo swing frames and the determination to change an existing repetitive inspection threshold. This proposed AD would require repetitively inspecting the cargo swing installation and frame and, depending on the results, 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 36 (Tuesday, February 25, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 36 (Tuesday, February 25, 2025)]
[Proposed Rules]
[Pages 10619-10622]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03012]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0211; Project Identifier MCAI-2023-00706-R]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus Helicopters Model AS350B2, AS350B3, and EC130B4
helicopters. This proposed AD was prompted by reports of broken cargo
swing frames and the determination to change an existing repetitive
inspection threshold. This proposed AD would require repetitively
inspecting the cargo swing installation and frame and, depending on the
results, 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
[[Page 10620]]
AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this NPRM by April 11, 2025.
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-2025-0211; 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 mandatory continuing airworthiness
information (MCAI), 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 proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221
8999 000; email: <a href="/cdn-cgi/l/email-protection#ca8b8eb98aafabb9abe4afbfb8a5baabe4afbf"><span class="__cf_email__" data-cfemail="68292c1b280d091b09460d1d1a071809460d1d">[email protected]</span></a>; website: 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 Parkway, 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
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2025-0211.
FOR FURTHER INFORMATION CONTACT: Steven Warwick, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (817) 222-5225; email: <a href="/cdn-cgi/l/email-protection#7c2f08190a1912522e522b1d0e0b151f173c1a1d1d521b130a"><span class="__cf_email__" data-cfemail="df8cabbaa9bab1f18df188beada8b6bcb49fb9bebef1b8b0a9">[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 the ADDRESSES section. Include ``Docket No. FAA-2025-0211;
Project Identifier MCAI-2023-00706-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
Steven Warwick, 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 2023-0107, dated May 26, 2023;
corrected June 2, 2023 (EASA AD 2023-0107) (also referred to as the
MCAI), to correct an unsafe condition on Airbus Helicopters Model AS
350 B2, AS 350 B3, and EC 130 B4 helicopters, if equipped with cargo
hook onboard part number (P/N) 704A41811035 and with a cargo swing
frame (any P/N). The MCAI states there have been reports of a broken
cargo swing frame during a flight transition to hover, resulting in
loss of the load. Subsequent investigation determined that the interval
for the repetitive inspections of the swing cargo installation,
currently defined in operating hours in the applicable Aircraft
Maintenance Manual (AMM), must be based on sling cycles (SC), and that
certain cargo swing installations have been operated beyond the
applicable repetitive inspection interval based on SC.
The FAA is proposing this AD to prevent failure of a cargo swing
frame. This unsafe condition, if not addressed, could result in failure
of a cargo swing frame, in-flight loss of load, and subsequent damage
to and reduced control of the helicopter.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2025-0211.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2023-0107 requires a one-time inspection of the cargo swing
installation and frame for an anomaly, which may be indicated by a
crack, distortion, scratch, hammering mark, or impact mark. Depending
on the results, EASA AD 2023-0107 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.
FAA's Determination
This product has been approved by the aviation authority of another
country and is 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 the MCAI
above. The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0107, 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 NPRM and the MCAI.''
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
[[Page 10621]]
ADs. The FAA has been coordinating this process with manufacturers and
CAAs. As a result, the FAA proposes to incorporate EASA AD 2023-0107 by
reference in the FAA final rule. This proposed AD would, therefore,
require compliance with EASA AD 2023-0107 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 2023-0107
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 2023-0107. Material referenced in EASA AD 2023-0107 for
compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2025-0211 after the FAA final rule is published.
Differences Between This NPRM and the MCAI
The material referenced in EASA AD 2023-0107 specifies that certain
procedures may be done by a pilot with correct training and
accreditation, whereas this proposed AD would require those actions be
accomplished by persons authorized under 14 CFR 43.3. EASA AD 2023-0107
defines the acronym ``SC'' as swing cycles, whereas this proposed AD
and ``the ASB'' (the alert service bulletin) referenced in EASA AD
2023-0107 define SC as sling cycles. EASA AD 2023-0107 requires a one-
time inspection, whereas this proposed AD would require repetitive
inspections to require the updated threshold on an on-going basis.
Depending on the inspection results, EASA AD 2023-0107 specifies
contacting AH [Airbus Helicopters] to obtain approved corrective action
instructions and accomplishing those instructions, whereas this
proposed AD would require replacing the cargo swing frame.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,184 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.
Visually inspecting the cargo swing installation and frame would
take 2 work-hours for an estimated cost of $170 per helicopter and
$201,280 for the U.S. fleet. If required, dye penetrant inspecting the
cargo swing installation and frame would take 6 work-hours for an
estimated cost of $510 per helicopter. Replacing the cargo swing frame
would take 4 work-hours and the part would cost $25,507, for an
estimated cost of $25,847 per helicopter.
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(f), 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-2025-0211; Project Identifier
MCAI-2023-00706-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 11, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Model AS350B2, AS350B3,
and EC130B4 helicopters, certificated in any category, as identified
in European Union Aviation Safety Agency AD 2023-0107, dated May 26,
2023; corrected June 2, 2023 (EASA AD 2023-0107).
(d) Subject
Joint Aircraft System Component (JASC) Code 2500, Cabin
Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by reports of broken cargo swing frames and
the determination to change an existing repetitive inspection
threshold. The FAA is issuing this AD to prevent failure of a cargo
swing frame. The unsafe condition, if not addressed, could result in
failure of a cargo swing frame, in-flight loss of load, and
subsequent damage to and 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, EASA AD 2023-0107.
(h) Exceptions to EASA AD 2023-0107
(1) Where EASA AD 2023-0107 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2023-0107 defines SC as ``swing cycles,'' this
AD requires replacing that text with ``sling cycles.''
(3) Where the material referenced in EASA AD 2023-0107 specifies
that certain procedures may be done by a pilot with correct training
and accreditation, this AD requires that those actions be
accomplished by persons authorized under 14 CFR 43.3.
(4) Where paragraph (1) of EASA AD 2023-0107 states ``within the
compliance time
[[Page 10622]]
specified in Table 1 of this AD, as applicable,'' this AD requires
replacing that text with ``within the compliance time specified in
Table 1 of this AD, as applicable, and thereafter at intervals not
to exceed 12 months and 36 days or 550 SC, whichever occurs first.''
(5) Where the AMM task, as defined in EASA AD 2023-0107,
specifies dye penetrant inspecting the cargo swing installation and
frame if in doubt if there is a crack, this AD requires dye
penetrant inspecting the cargo swing installation and frame if, as a
result of the visual inspection, there is a line having no visible
gap or misalignment to determine if the line is a scratch or a
crack.
Note 1 to paragraph (h)(5): Entering compliance into helicopter
maintenance records showing that a dye penetrant inspection was
performed improves the accuracy of maintenance records regarding use
of dye penetrant inspection dye.
(6) Instead of complying with paragraph (2) of EASA AD 2023-
0107, comply with the following, ``As a result of the actions
required by paragraph (1) of EASA AD 2023-0107, if there is a
distortion, scratch, hammering mark, or impact mark that exceeds the
allowable limit, or any crack, gap, or misalignment, before further
flight, remove the cargo swing frame from service and replace it
with an airworthy cargo swing frame.''
(7) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0107.
(i) No Reporting Requirement
Although the material referenced in EASA AD 2023-0107 specifies
to submit certain information to the manufacturer, this AD does not
require that action.
(j) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199, provided no external cargo or person(s) is
hoisted.
(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 and emailed to: <a href="/cdn-cgi/l/email-protection#8bcac6c4c8cbedeaeaa5ece4fd"><span class="__cf_email__" data-cfemail="1554585a56557374743b727a63">[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) Additional Information
For more information about this AD, contact Steven Warwick,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (817) 222-5225; email:
<a href="/cdn-cgi/l/email-protection#b3e0c7d6c5d6dd9de19de4d2c1c4dad0d8f3d5d2d29dd4dcc5"><span class="__cf_email__" data-cfemail="3e6d4a5b485b50106c10695f4c49575d557e585f5f10595148">[email protected]</span></a>.
(m) 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 2023-0107,
dated May 26, 2023; corrected June 2, 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: <a href="/cdn-cgi/l/email-protection#26676255664347554708435354495647084353"><span class="__cf_email__" data-cfemail="1d5c596e5d787c6e7c3378686f726d7c337868">[email protected]</span></a>; website: 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 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#cbadb9e5a2a5b8bbaea8bfa2a4a58ba5aab9aae5aca4bd"><span class="__cf_email__" data-cfemail="a2c4d08ccbccd1d2c7c1d6cbcdcce2ccc3d0c38cc5cdd4">[email protected]</span></a>.
Issued on February 19, 2025.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-03012 Filed 2-24-25; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 25, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.