Airworthiness Directives; Airbus Helicopters, 73238-73241 [2022-26011]
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Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Rules and Regulations
(d) Subject
Joint Aircraft Service Component (JASC)
Code: 5300, Fuselage Structure.
(e) Unsafe Condition
This AD was prompted by a report of a
crack on the tailboom lower skin due to
fatigue damage and the issuance of new and
more restrictive airworthiness limitations.
The FAA is issuing this AD to prevent failure
of a part, which could result in loss of control
of the helicopter.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Within 30 days after the effective date of
this AD, incorporate into maintenance
records required by 14 CFR 91.417(a)(2) or
135.439(a)(2), as applicable for your
helicopter, the requirements (airworthiness
limitations) specified in Bell BHT–407–MPI,
Chapter 04, Airworthiness Limitations
Schedule, Issue 3, dated June 21, 2021, of
Bell Model 407 Maintenance Planning
Information, PMC–407–97499–01000–00,
Issue No. 005, dated July 6, 2022.
(h) Provisions for Alternative Requirements
(Airworthiness Limitations)
After the actions required by paragraph (g)
of this AD have been done, no alternative
requirements (airworthiness limitations) are
allowed unless they are approved as an
alternative method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (j)(1) of this AD.
(i) Special Flight Permits
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199,
provided no passengers are onboard.
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(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)(1) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(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) Related Information
(1) For more information about this AD,
contact Andrea Jimenez, Aerospace Engineer,
COS Program Management Section,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart
Ave., Suite 410, Westbury, NY 11590;
telephone (516) 228–7330; email
andrea.jimenez@faa.gov.
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(2) The subject of this AD is addressed in
Transport Canada AD CF–2021–34, dated
October 22, 2021. You may view the
Transport Canada AD on the internet at
regulations.gov in Docket No. FAA–2022–
0992.
(l) 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 the AD specifies otherwise.
(i) Bell BHT–407–MPI, Chapter 04,
Airworthiness Limitations Schedule, Issue 3,
dated June 21, 2021, of Bell Model 407
Maintenance Planning Information, PMC–
407–97499–01000–00, Issue No. 005, dated
July 6, 2022.
(ii) [Reserved]
(3) For Bell Textron Canada Limited
service information identified in this AD,
contact Bell Textron Canada Limited, 12,800
Rue de l’Avenir, Mirabel, Quebec J7J 1R4,
Canada; telephone 1–450–437–2862 or 1–
800–363–8023; fax 1–450–433–0272; email
productsupport@bellflight.com; or at
bellflight.com/support/contact-support.
(4) You may view this service information
at 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 service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on October 27, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–26031 Filed 11–28–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0808; Project
Identifier MCAI–2022–00100–R; Amendment
39–22232; AD 2022–23–05]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus Helicopters Model AS332C,
SUMMARY:
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AS332C1, AS332L, AS332L1, and
AS332L2 helicopters. This AD was
prompted by reports of a crack in the
front upper hoist attachment fitting.
This AD requires inspecting each
affected hoist attachment fitting (fitting)
and depending on the results, removing
any cracked fitting from service and
reporting information. This AD also
prohibits installing an affected fitting
unless the required actions are
accomplished, as 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 January 3,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 3, 2023
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–0808; 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 EASA AD,
any comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For service information identified
in this final rule, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; internet
easa.europa.eu. You may find the EASA
material on the EASA website at
ad.easa.europa.eu.
• 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. It is also
available at regulations.gov under
Docket No. FAA–2022–0808.
Other Related Service Information:
For Airbus Helicopters service
information identified in this final rule,
contact Airbus Helicopters, 2701 North
Forum Drive, Grand Prairie, TX 75052,
United States; phone: (972) 641–0000 or
(800) 232–0323; fax (972) 641–3775;
email: customersupport.helicopters@
airbus.com; website: airbus.com/
helicopters/services/technicalsupport.html. This service information
is also available at the contact
information under Material
Incorporated by Reference above.
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Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Kristin Bradley, COS Program Manager,
COS Program Management Section,
Operational Safety Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone: (817) 222–5110; email:
kristin.bradley@faa.gov.
SUPPLEMENTARY INFORMATION:
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Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA Emergency AD
2022–0016–E, dated January 26, 2022
(EASA AD 2022–0016–E), to correct an
unsafe condition for Airbus Helicopters
(AH), formerly Eurocopter, Eurocopter
France, Aerospatiale, Model AS 332 C,
AS 332 C1, AS 332 L, AS 332 L1, and
AS 332 L2 helicopters, equipped with
front upper fitting manufacturer part
number (MP/N) 332A87–1116–21, rear
upper fitting MP/N 332A87–1117–20, or
lower fitting MP/N 332A87–1176–20.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus Helicopters
Model AS332C, AS332C1, AS332L,
AS332L1, and AS332L2 helicopters,
with a front upper fitting MP/N
332A87–1116–21, rear upper fitting MP/
N 332A87–1117–20, or lower fitting
MP/N 332A87–1176–20, installed. The
NPRM published in the Federal
Register on July 6, 2022 (87 FR 40164).
The NPRM was prompted by an
occurrence of a front upper fitting crack
reported on a helicopter equipped with
a double hoist design, installed per a
supplemental type certificate (STC). The
STC has not been validated by the FAA;
however, other hoists may have design
similarities with the affected fitting
installed. In the NPRM, the FAA
proposed to require inspecting each
affected fitting and depending on the
results, removing any cracked fitting
from service. The NPRM also proposed
to require reporting results of the
inspection to the manufacturer, as
specified in EASA AD 2022–0016–E.
The FAA is issuing this AD to address
cracking of the front upper fitting,
which could affect the structural
integrity of a fitting, possibly leading to
an in-flight detachment of the hoist
support, and consequent damage to the
helicopter or injury to a person being
lifted. See EASA AD 2022–0016–E for
additional background information.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from
Airbus Helicopters. The following
presents the comment received on the
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NPRM and the FAA’s response to the
comment.
Request To Require Returning Parts
Airbus Helicopter requested the FAA
change the AD to require returning a
cracked fitting to Airbus Helicopters for
further engineering investigation as
required by EASA AD 2022–0016–E.
The FAA disagrees with this request
because the FAA does not have the
authority to direct operators to return
defective components to the
manufacturer. However, operators may
choose to return a cracked fitting to
Airbus Helicopters as this AD does not
prohibit an operator from returning a
part to a manufacturer. Additionally,
this AD requires reporting inspection
results to Airbus Helicopters within a
specific compliance time. Airbus
Helicopters will have direct knowledge
of any non-compliances and can work
with operators to return the parts at
their discretion.
Conclusion
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 reviewed the
relevant data, considered the comment
received, and determined that air safety
requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on these
helicopters. Except for minor editorial
changes, this AD is adopted as proposed
in the NPRM.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0016–E requires a
one-time inspection of the front upper
fitting MP/N 332A87–1116–21, rear
upper fitting MP/N 332A87–1117–20,
and lower fitting MP/N 332A87–1176–
20 for a crack. If there is a crack, EASA
AD 2022–0016–E requires replacing the
affected fitting. EASA AD 2022–0016–E
also prohibits installing an affected
fitting on any helicopter unless it passes
the required 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 ADDRESSES.
Other Related Service Information
The FAA reviewed Airbus Helicopters
Emergency Alert Service Bulletin
25.03.95, Revision 0, dated January 25,
2022. This service information specifies
procedures for inspecting and replacing
an affected fitting. This service
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73239
information also specifies reporting
certain information to Airbus
Helicopters, and for a cracked fitting,
returning the fitting to Airbus
Helicopters.
Differences Between This AD and the
EASA AD
EASA AD 2022–0016–E requires a
compliance time of before next hoist
operation or within 30 days, whichever
occurs first after its effective date,
whereas this AD requires a compliance
time of within 30 hours time-in-service
or within 30 days, whichever occurs
first after the effective date of this AD.
Where the service information
referenced in EASA AD 2022–0016–E
specifies to perform a dye penetrant
inspection ‘‘if you are not sure,’’ this AD
would not require that action. Where
EASA AD 2022–0016–E requires
returning a fitting that is required to be
removed as a result of the inspection,
this AD does not.
Interim Action
The FAA considers this AD an
interim action. If final action is later
identified, the FAA might consider
further rulemaking then.
Costs of Compliance
The FAA estimates that this AD,
affects 7 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 AD.
Inspecting all hoist attachment fittings
takes about 0.5 work-hour for an
estimated cost of $42.50 per helicopter
and $298 for the U.S. fleet.
Replacing the front upper fitting takes
about 4 hours and parts cost $834 for an
estimated cost of $1,174 per front upper
fitting.
Replacing the rear upper fitting takes
about 4 hours and parts cost $1,040 for
an estimated cost of $1,380 per rear
upper fitting.
Replacing the lower fitting takes about
4 hours and parts cost $1,874 for an
estimated cost of $2,214 per lower
fitting.
The FAA estimates that it takes about
1 hour per product to comply with the
reporting requirement in this AD. The
average labor rate is $85 per hour. Based
on these figures, the FAA estimates the
cost of reporting the inspection results
on U.S. operators to be $595 or $85 per
product.
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
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Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Rules and Regulations
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.
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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,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
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15:45 Nov 28, 2022
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on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Safety Agency Emergency AD 2022–0016–E,
dated January 26, 2022 (EASA AD 2022–
0016–E).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(h) Exceptions to EASA AD 2022–0016–E
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2022–23–05 Airbus Helicopters:
Amendment 39–22232; Docket No.
FAA–2022–0808; Project Identifier
MCAI–2022–00100–R.
(a) Effective Date
This airworthiness directive (AD) is
effective January 3, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters
Model AS332C, AS332C1, AS332L,
AS332L1, and AS332L2 helicopters,
certificated in any category, with a front
upper hoist attachment fitting manufacturer
part number (MP/N) 332A87–1116–21, rear
upper hoist attachment fitting MP/N
332A87–1117–20, or lower hoist attachment
fitting MP/N 332A87–1176–20, installed.
(d) Subject
Joint Aircraft Service Component (JASC)
Code: 2500, Cabin Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by reports of a
crack on the front upper hoist attachment
fitting. The FAA is issuing this AD to detect
and address this unsafe condition, which
could affect the structural integrity of a hoist
attachment fitting, possibly leading to an inflight detachment of the hoist support, and
consequent damage to the helicopter or
injury to a person being lifted.
(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
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(1) Where EASA AD 2022–0016–E refers to
its effective date, this AD requires using the
effective date of this AD.
(2) Where EASA AD 2022–0016–E requires
a compliance time of before next hoist
operation or within 30 days, whichever
occurs first after the effective date of EASA
AD 2022–0016–E, this AD requires a
compliance time of within 30 hours time-inservice or within 30 days, whichever occurs
first after the effective date of this AD.
(3) Where the service information
referenced in EASA AD 2022–0016–E
specifies discarding parts, this AD requires
removing those parts from service.
(4) Where EASA AD 2022–0016–E
specifies replacing parts and the service
information referenced in EASA AD 2022–
0016–E specifies returning parts to the
manufacturer, this AD requires removing
those parts from service.
(5) Where the service information
referenced in EASA AD 2022–0016–E
specifies reporting inspection results to
Airbus Helicopters immediately after each
inspection, this AD requires reporting
inspection results at the following
compliance times:
(i) If there is not a crack, within 30 days
after the inspection.
(ii) If there is a crack, before the next hoist
operation.
(6) Where the service information
referenced in EASA AD 2022–0016–E
specifies to perform a dye penetrant
inspection ‘‘if you are not sure,’’ this AD does
not require a dye penetrant inspection.
(7) This AD does not mandate compliance
with the ‘‘Remarks’’ section of EASA AD
2022–0016–E.
(i) 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.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(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 Kristin Bradley, COS Program
Manager, COS Program Management Section,
Operational Safety Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone: (817) 222–5110; email:
Kristin.Bradley@faa.gov.
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Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Rules and Regulations
(k) 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 the AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) Emergency AD 2022–0016–E, dated
January 26, 2022.
(ii) [Reserved]
(3) For EASA Emergency AD 2022–0016–
E, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
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 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 service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on October 27, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–26011 Filed 11–28–22; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1216
[Docket No. CPSC–2009–0066]
Safety Standard for Infant Walkers
Consumer Product Safety
Commission.
ACTION: Direct final rule.
AGENCY:
In June 2010, the U.S.
Consumer Product Safety Commission
(CPSC) published a consumer product
safety standard for infant walkers under
section 104 of the Consumer Product
Safety Improvement Act of 2008
(CPSIA), incorporating by reference the
2007 version of ASTM’s voluntary
standard for infant walkers that was in
effect at the time, with modifications
approved by the Commission. ASTM
updated its standard for infant walkers
in 2012, and CPSC accepted the revised
voluntary standard, without any
modifications, as the mandatory
standard for infant walkers. ASTM has
notified CPSC of a 2022 update to the
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SUMMARY:
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infant walkers voluntary standard. This
direct final rule updates the mandatory
standard for infant walkers to
incorporate by reference ASTM’s 2022
version of the voluntary standard.
DATES: The rule is effective on February
25, 2023, unless CPSC receives a
significant adverse comment by
December 29, 2022. If CPSC receives
such a comment, it will publish a
document in the Federal Register,
withdrawing this direct final rule before
its effective date. The incorporation by
reference of the publication listed in
this rule is approved by the Director of
the Federal Register as of February 25,
2023.
ADDRESSES: You can submit comments,
identified by Docket No. CPSC–2009–
0066, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at:
www.regulations.gov. Follow the
instructions for submitting comments.
Do not submit through this website:
confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public. CPSC
typically does not accept comments
submitted by electronic mail (email),
except as described below.
Mail/Hand Delivery/Courier/
Confidential Written Submissions: CPSC
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal. You may, however,
submit comments by mail, hand
delivery, or courier to: Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301)
504–7479.
Instructions: All submissions must
include the agency name and docket
number. CPSC may post all comments
without change, including any personal
identifiers, contact information, or other
personal information provided, to:
www.regulations.gov. If you wish to
submit confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public, you may submit such
comments by mail, hand delivery, or
courier, or you may email them to: cpscos@cpsc.gov.
Docket: For access to the docket to
read background documents or
comments received, go to:
www.regulations.gov, and insert the
docket number, CPSC–2009–0066, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT:
Keysha Walker, Compliance Officer,
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U.S. Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301)
504–6820; email: KWalker@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
1. Statutory Authority
Section 104(b)(1) of the CPSIA
requires the Commission to assess the
effectiveness of voluntary standards for
durable infant or toddler products and
to adopt mandatory standards for these
products. 15 U.S.C. 2056a(b)(1). A
mandatory standard must be
‘‘substantially the same as’’ the
corresponding voluntary standard, or it
may be ‘‘more stringent than’’ the
voluntary standard, if the Commission
determines that more stringent
requirements would further reduce the
risk of injury associated with the
product. Id.
Section 104(b)(4)(B) of the CPSIA
specifies the process for updating the
Commission’s rules when a voluntary
standards organization revises a
standard that the Commission
previously incorporated by reference
under section 104(b)(1). 15 U.S.C.
2056a(b)(4)(B). First, the voluntary
standards organization must notify the
Commission of the revision. Once the
Commission receives this notification,
the Commission may reject or accept the
revised standard. The Commission may
reject the revised standard by notifying
the voluntary standards organization,
within 90 days of receiving notice of the
revision, that it has determined that the
revised standard does not improve the
safety of the consumer product and that
it is retaining the existing standard. If
the Commission does not take this
action to reject the revised standard,
then the revised voluntary standard will
be considered a consumer product
safety standard issued under section 9
of the Consumer Product Safety Act (15
U.S.C. 2058), effective 180 days after the
Commission received notification of the
revision or on a later date specified by
the Commission in the Federal Register.
15 U.S.C. 2056a(b)(4)(B).
2. Safety Standard for Infant Walkers
Under section 104(b)(1) of the CPSIA,
the Commission adopted a mandatory
rule for infant walkers, codified in 16
CFR part 1216. The rule incorporated by
reference ASTM F977–07, Standard
Consumer Safety Specification for
Infant Walkers, with numerous
modifications. 75 FR 35266 (June 21,
2010). ASTM revised the voluntary
standard in 2012, to ASTM F977–12. In
June 2013, the Commission accepted the
revision to the standard as the
E:\FR\FM\29NOR1.SGM
29NOR1
Agencies
[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73238-73241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26011]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0808; Project Identifier MCAI-2022-00100-R;
Amendment 39-22232; AD 2022-23-05]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, and
AS332L2 helicopters. This AD was prompted by reports of a crack in the
front upper hoist attachment fitting. This AD requires inspecting each
affected hoist attachment fitting (fitting) and depending on the
results, removing any cracked fitting from service and reporting
information. This AD also prohibits installing an affected fitting
unless the required actions are accomplished, as 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 January 3, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 3,
2023
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0808; 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 EASA AD, any comments received,
and other information. The address for Docket Operations is U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
Material Incorporated by Reference:
For service information identified in this final rule,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet easa.europa.eu.
You may find the EASA material on the EASA website at
ad.easa.europa.eu.
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. It is also available at
regulations.gov under Docket No. FAA-2022-0808.
Other Related Service Information: For Airbus Helicopters service
information identified in this final rule, contact Airbus Helicopters,
2701 North Forum Drive, Grand Prairie, TX 75052, United States; phone:
(972) 641-0000 or (800) 232-0323; fax (972) 641-3775; email:
[email protected]; website: airbus.com/helicopters/services/technical-support.html. This service information
is also available at the contact information under Material
Incorporated by Reference above.
[[Page 73239]]
FOR FURTHER INFORMATION CONTACT: Kristin Bradley, COS Program Manager,
COS Program Management Section, Operational Safety Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone: (817) 222-5110; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2022-0016-E, dated January
26, 2022 (EASA AD 2022-0016-E), to correct an unsafe condition for
Airbus Helicopters (AH), formerly Eurocopter, Eurocopter France,
Aerospatiale, Model AS 332 C, AS 332 C1, AS 332 L, AS 332 L1, and AS
332 L2 helicopters, equipped with front upper fitting manufacturer part
number (MP/N) 332A87-1116-21, rear upper fitting MP/N 332A87-1117-20,
or lower fitting MP/N 332A87-1176-20.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus
Helicopters Model AS332C, AS332C1, AS332L, AS332L1, and AS332L2
helicopters, with a front upper fitting MP/N 332A87-1116-21, rear upper
fitting MP/N 332A87-1117-20, or lower fitting MP/N 332A87-1176-20,
installed. The NPRM published in the Federal Register on July 6, 2022
(87 FR 40164). The NPRM was prompted by an occurrence of a front upper
fitting crack reported on a helicopter equipped with a double hoist
design, installed per a supplemental type certificate (STC). The STC
has not been validated by the FAA; however, other hoists may have
design similarities with the affected fitting installed. In the NPRM,
the FAA proposed to require inspecting each affected fitting and
depending on the results, removing any cracked fitting from service.
The NPRM also proposed to require reporting results of the inspection
to the manufacturer, as specified in EASA AD 2022-0016-E.
The FAA is issuing this AD to address cracking of the front upper
fitting, which could affect the structural integrity of a fitting,
possibly leading to an in-flight detachment of the hoist support, and
consequent damage to the helicopter or injury to a person being lifted.
See EASA AD 2022-0016-E for additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Airbus Helicopters. The following
presents the comment received on the NPRM and the FAA's response to the
comment.
Request To Require Returning Parts
Airbus Helicopter requested the FAA change the AD to require
returning a cracked fitting to Airbus Helicopters for further
engineering investigation as required by EASA AD 2022-0016-E.
The FAA disagrees with this request because the FAA does not have
the authority to direct operators to return defective components to the
manufacturer. However, operators may choose to return a cracked fitting
to Airbus Helicopters as this AD does not prohibit an operator from
returning a part to a manufacturer. Additionally, this AD requires
reporting inspection results to Airbus Helicopters within a specific
compliance time. Airbus Helicopters will have direct knowledge of any
non-compliances and can work with operators to return the parts at
their discretion.
Conclusion
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 reviewed the relevant
data, considered the comment received, and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these helicopters. Except
for minor editorial changes, this AD is adopted as proposed in the
NPRM.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0016-E requires a one-time inspection of the front
upper fitting MP/N 332A87-1116-21, rear upper fitting MP/N 332A87-1117-
20, and lower fitting MP/N 332A87-1176-20 for a crack. If there is a
crack, EASA AD 2022-0016-E requires replacing the affected fitting.
EASA AD 2022-0016-E also prohibits installing an affected fitting on
any helicopter unless it passes the required 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 ADDRESSES.
Other Related Service Information
The FAA reviewed Airbus Helicopters Emergency Alert Service
Bulletin 25.03.95, Revision 0, dated January 25, 2022. This service
information specifies procedures for inspecting and replacing an
affected fitting. This service information also specifies reporting
certain information to Airbus Helicopters, and for a cracked fitting,
returning the fitting to Airbus Helicopters.
Differences Between This AD and the EASA AD
EASA AD 2022-0016-E requires a compliance time of before next hoist
operation or within 30 days, whichever occurs first after its effective
date, whereas this AD requires a compliance time of within 30 hours
time-in-service or within 30 days, whichever occurs first after the
effective date of this AD. Where the service information referenced in
EASA AD 2022-0016-E specifies to perform a dye penetrant inspection
``if you are not sure,'' this AD would not require that action. Where
EASA AD 2022-0016-E requires returning a fitting that is required to be
removed as a result of the inspection, this AD does not.
Interim Action
The FAA considers this AD an interim action. If final action is
later identified, the FAA might consider further rulemaking then.
Costs of Compliance
The FAA estimates that this AD, affects 7 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 AD.
Inspecting all hoist attachment fittings takes about 0.5 work-hour
for an estimated cost of $42.50 per helicopter and $298 for the U.S.
fleet.
Replacing the front upper fitting takes about 4 hours and parts
cost $834 for an estimated cost of $1,174 per front upper fitting.
Replacing the rear upper fitting takes about 4 hours and parts cost
$1,040 for an estimated cost of $1,380 per rear upper fitting.
Replacing the lower fitting takes about 4 hours and parts cost
$1,874 for an estimated cost of $2,214 per lower fitting.
The FAA estimates that it takes about 1 hour per product to comply
with the reporting requirement in this AD. The average labor rate is
$85 per hour. Based on these figures, the FAA estimates the cost of
reporting the inspection results on U.S. operators to be $595 or $85
per product.
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
[[Page 73240]]
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,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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 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:
2022-23-05 Airbus Helicopters: Amendment 39-22232; Docket No. FAA-
2022-0808; Project Identifier MCAI-2022-00100-R.
(a) Effective Date
This airworthiness directive (AD) is effective January 3, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Model AS332C, AS332C1,
AS332L, AS332L1, and AS332L2 helicopters, certificated in any
category, with a front upper hoist attachment fitting manufacturer
part number (MP/N) 332A87-1116-21, rear upper hoist attachment
fitting MP/N 332A87-1117-20, or lower hoist attachment fitting MP/N
332A87-1176-20, installed.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 2500, Cabin
Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by reports of a crack on the front upper
hoist attachment fitting. The FAA is issuing this AD to detect and
address this unsafe condition, which could affect the structural
integrity of a hoist attachment fitting, possibly leading to an in-
flight detachment of the hoist support, and consequent damage to the
helicopter or injury to a person being lifted.
(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 Emergency AD
2022-0016-E, dated January 26, 2022 (EASA AD 2022-0016-E).
(h) Exceptions to EASA AD 2022-0016-E
(1) Where EASA AD 2022-0016-E refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0016-E requires a compliance time of
before next hoist operation or within 30 days, whichever occurs
first after the effective date of EASA AD 2022-0016-E, this AD
requires a compliance time of within 30 hours time-in-service or
within 30 days, whichever occurs first after the effective date of
this AD.
(3) Where the service information referenced in EASA AD 2022-
0016-E specifies discarding parts, this AD requires removing those
parts from service.
(4) Where EASA AD 2022-0016-E specifies replacing parts and the
service information referenced in EASA AD 2022-0016-E specifies
returning parts to the manufacturer, this AD requires removing those
parts from service.
(5) Where the service information referenced in EASA AD 2022-
0016-E specifies reporting inspection results to Airbus Helicopters
immediately after each inspection, this AD requires reporting
inspection results at the following compliance times:
(i) If there is not a crack, within 30 days after the
inspection.
(ii) If there is a crack, before the next hoist operation.
(6) Where the service information referenced in EASA AD 2022-
0016-E specifies to perform a dye penetrant inspection ``if you are
not sure,'' this AD does not require a dye penetrant inspection.
(7) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2022-0016-E.
(i) 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. Information may be emailed to: [email protected].
(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 Kristin Bradley, COS
Program Manager, COS Program Management Section, Operational Safety
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone:
(817) 222-5110; email: [email protected]
[[Page 73241]]
(k) 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 the AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) Emergency AD
2022-0016-E, dated January 26, 2022.
(ii) [Reserved]
(3) For EASA Emergency AD 2022-0016-E, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; 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 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 service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on October 27, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26011 Filed 11-28-22; 8:45 am]
BILLING CODE 4910-13-P