Airworthiness Directives; Airbus Helicopters, 51468-51471 [2024-13222]

Download as PDF lotter on DSK11XQN23PROD with PROPOSALS1 51468 Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Proposed Rules conflict to a risk level acceptable to DOE. In the event the non-Federal entity does not eliminate or mitigate the conflict to a risk level acceptable to DOE, DOE may determine the Federal financial assistance award no longer effectuates the program goals or agency priorities and terminate the Federal financial assistance award; (ii) Determine the circumstances disqualify an entity or individual from participating in all or a portion of a Federal financial assistance award; or (iii) Reject an application. (2) DOE may inquire, at any time before, during, or after a Federal financial assistance award, into any covered individual’s disclosures and the non-Federal entity’s review (including any retrospective review) of and response to such disclosure, regardless of whether the disclosure resulted in the non-Federal entity’s determination of a COI or COC. A non-Federal entity is required to submit or permit on-site review of all records pertinent to compliance with this subpart. To the extent permitted by law, DOE will maintain the confidentiality of all records of financial interests. Based on its review of records or other information that may be available, DOE may determine that a particular COI or COC will bias the objectivity of or adversely impact the project funded under the DOE Federal financial assistance award to such an extent that further corrective action is needed or that the non-Federal entity has not managed the COI or COC in accordance with this subpart. DOE may determine that the imposition of specific award conditions under 2 CFR 200.208 is necessary. DOE may also take one or more the actions specified under 2 CFR 200.339, as appropriate in such circumstances. (b) If a non-Federal entity fails to disclose an OCI to DOE prior to engaging in a procurement or transaction using DOE funds with a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the costs of such procurement or transaction may be disallowed. If a non-Federal entity fails to disclose an OCI to DOE that is not avoided, eliminated, or mitigated or fails to avoid, eliminate, or mitigate a disclosed OCI, prior to engaging in a procurement or transaction using DOE funds with a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, DOE may determine that imposition of specific award conditions under 2 CFR 200.208 is necessary. DOE may also take one or more actions specified under 2 VerDate Sep<11>2014 16:16 Jun 17, 2024 Jkt 262001 CFR 200.339, as appropriate in the circumstances. (c) Any false, fictitious, or fraudulent information, or the omission of any material fact, on a disclosure, report, or other record required under this subpart may be subject to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Sections 287 and 1001; and Title 31, 3729–3733 and 3801–3812). (d) If fraud, misrepresentation, or related misconduct is suspected in relation to any disclosure submitted to DOE, then the cognizant contracting officer and/or program official should coordinate with appropriate counsel and thereafter, as appropriate, refer the matter to the DOE Office of Inspector General (OIG). (e) If a covered individual knowingly fails to disclose required information, DOE may take one or more of the following enforcement or other actions: (1) Reject an application; (2) Suspend or terminate a Federal financial assistance award; (3) Temporarily or permanently discontinue or de-obligate any or all funding for the covered individual or non-Federal entity; (4) Refer recipients for consideration of suspension or debarment proceedings; (5) Refer the failure to disclose to the DOE OIG for further investigation or to Federal law enforcement authorities to determine whether any criminal or civil laws were violated; (6) Report the entity in the Federal Awardee Performance and Integrity Information System (FAPIIS) to alert other Federal agencies to the noncompliance; (7) Take one or more of the actions described in 2 CFR 200.339, Remedies for noncompliance; or (8) Take such other actions against the covered individual or non-Federal entity as authorized under applicable law or regulations. Appendix A to Subpart C of Part 910— Disclosure Certification Statement All disclosures required under this subpart must include the following certification statement: ‘‘I understand that this Disclosure is required to obtain funding from the U.S. Government. I, [Full Name and Title], certify to the best of my knowledge and belief that the information contained in this Disclosure Statement is true, complete, and accurate. I understand that any false, fictitious, or fraudulent information, misrepresentations, half-truths, or omissions of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims, or otherwise. (18 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 U.S.C. 287, 1001, and 1031, and 31 U.S.C. 3729–3733 and 3801–3812). I further understand and agree that: (1) The statements and representations made herein are material to the U.S. Government’s funding decision, and (2) I have a responsibility to update the disclosures during the period of performance of the Federal financial assistance award should circumstances change which impact the responses provided above.’’ [FR Doc. 2024–13392 Filed 6–17–24; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–1686; Project Identifier MCAI–2023–00595–R] RIN 2120–AA64 Airworthiness Directives; Airbus Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, and SA330J helicopters. This proposed AD was prompted by the installation of unapproved main gearbox (MGB) forward and rear suspension bar attachment plates. This proposed AD would require inspecting or measuring the MGB forward and rear suspension bar attachment plates and, depending on the results, taking 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. DATES: The FAA must receive comments on this proposed AD by August 2, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUMMARY: E:\FR\FM\18JNP1.SGM 18JNP1 Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2024–1686; 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: • For EASA material, 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. • You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. The EASA material is also available at regulations.gov under Docket No. FAA–2024–1686. Other Related Material: For Airbus Helicopters material, contact Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX 75052; phone (972) 641–0000 or (800) 232–0323; fax (972) 641–3775; or at airbus.com/en/ products-services/helicopters/hcareservices/airbusworld. FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aviation Safety Engineer, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (817) 222– 5584; email hye.yoon.jang@faa.gov. 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–2024–1686; Project Identifier MCAI–2023–00595–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 regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. VerDate Sep<11>2014 16:16 Jun 17, 2024 Jkt 262001 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 Hye Yoon Jang, Aviation Safety Engineer, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (817) 222–5584; email hye.yoon.jang@faa.gov. 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 a series of ADs, the most recent being EASA AD 2023–0076, dated April 11, 2023 (EASA AD 2023– 0076), to correct an unsafe condition on Airbus Helicopters Model SA 330 J, AS 332 C, AS 332 C1, AS 332 L, and AS 332 L1 helicopters. This proposed AD was prompted by the installation of unapproved MGB forward and left-hand (LH) and righthand (RH) rear suspension bar attachment plates. The FAA is proposing this AD to ensure installation of approved parts. The unsafe condition, if not addressed, could result in damage to the MGB suspension bar attachment plates and surrounding fuselage structure, and subsequent failure of load carrying structural elements. See EASA AD 2023–0076 for additional background information. Related Material Under 1 CFR Part 51 EASA AD 2023–0076 requires measuring the thickness of the MGB forward suspension bar attachment plate and inspecting the LH and RH MGB rear suspension bar attachment plates. Depending on the results, EASA AD 2023–0076 requires contacting AH [Airbus Helicopters] for approved corrective action instructions and accomplishing those instructions accordingly. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 51469 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 Material The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB) No. AS332–53.02.15, Revision 0, dated March 6, 2023, and ASB No. SA330– 53.56, Revision 0, dated April 3, 2023. This material specifies procedures for measuring the thickness of the MGB front suspension bar attachment plate and visually checking the LH and RH MGB rear suspension bar attachment plate versions. Depending on the results, this material specifies procedures for contacting Airbus Helicopter to get an approved repair. 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 issuing this NPRM after 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 2023–0076, 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 2023–0076 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2023–0076 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 E:\FR\FM\18JNP1.SGM 18JNP1 51470 Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Proposed Rules as the heading of a particular section in EASA AD 2023–0076 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 2023–0076. Material referenced in EASA AD 2023– 0076 for compliance will be available at regulations.gov under Docket No. FAA– 2024–1686 after the FAA final rule is published. 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. Differences Between This Proposed AD and the EASA AD Regulatory Findings If, during the inspection or measurement, any discrepancy is detected, EASA AD 2023–0076 specifies contacting AH [Airbus Helicopters] to obtain approved corrective action instructions and accomplishing those instructions, and the material referenced in EASA AD 2023–0076 specifies contacting Airbus Helicopters to get an approved repair, whereas this proposed AD would require accomplishing the corrective action before further flight in accordance with a method approved by the FAA, EASA, or Airbus Helicopters’ EASA Design Organization Approval. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 38 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. Measuring the thickness of the MGB forward suspension bar attachment plate and inspecting the LH and RH MGB rear suspension bar attachment plates would take approximately 2 work-hours for an estimated cost of $170 per helicopter and $6,460 for the U.S. fleet. The corrective action that may be needed as a result of the inspection or measurement could vary significantly from helicopter to helicopter. The FAA has no data to determine the costs to accomplish the corrective action or the number of helicopters that may require corrective action. lotter on DSK11XQN23PROD with PROPOSALS1 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. VerDate Sep<11>2014 16:16 Jun 17, 2024 Jkt 262001 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 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: ■ Airbus Helicopters: Docket No. FAA–2024– 1686; Project Identifier MCAI–2023– 00595–R. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by August 2, 2024. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 (b) Affected ADs None. (c) Applicability This AD applies to Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, and SA330J helicopters, certificated in any category. (d) Subject Joint Aircraft Service Component (JASC) Code: 5311, Fuselage Main, Frame. (e) Unsafe Condition This AD was prompted by the installation of unapproved main gearbox (MGB) forward and left-hand and right-hand rear suspension bar attachment plates. The FAA is issuing this AD to ensure installation of approved parts. The unsafe condition, if not addressed, could result in damage to the MGB suspension bar attachment plates and surrounding fuselage structure, and subsequent failure of load carrying structural elements. (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– 0076, dated April 11, 2023 (EASA AD 2023– 0076). (h) Exceptions to EASA AD 2023–0076 (1) Where EASA AD 2023–0076 requires compliance in terms of flight hours, this AD requires using hours time-in-service. (2) Where EASA AD 2023–0076 refers to its effective date and March 21, 2023 (the effective date of EASA AD 2023–0049, dated March 7, 2023), this AD requires using the effective date of this AD. (3) Where paragraph (2) of EASA AD 2023– 0076 specifies contacting AH [Airbus Helicopters] for approved corrective action instructions and within the compliance time indicated therein, accomplishing those instructions accordingly and, where the material referenced in paragraph (2) of EASA AD 2023–0076 specifies contacting Airbus Helicopters to get an approved repair, this AD requires, before further flight, corrective action done in accordance with a method approved by the Manager, International Validation Branch, FAA; or EASA; or Airbus Helicopters’ EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOAauthorized signature. (4) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2023–0049. (i) No Reporting Requirement Although the material referenced in EASA AD 2023–0076 specifies to submit certain information to the manufacturer, this AD does not require that action. E:\FR\FM\18JNP1.SGM 18JNP1 Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Proposed Rules (j) Alternative Methods of Compliance (AMOCs) DEPARTMENT OF TRANSPORTATION (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) of this AD or email to: 9-AVS-AIR-730-AMOC@faa.gov. If mailing information, also submit information by email. (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. Federal Aviation Administration (k) Additional Information For more information about this AD, contact Hye Yoon Jang, Aviation Safety Engineer, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (817) 222–5584; email hye.yoon.jang@faa.gov. (l) Material Incorporated by Reference lotter on DSK11XQN23PROD with PROPOSALS1 (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 this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2023–0076, dated April 11, 2023. (ii) [Reserved] (3) For EASA material, 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 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 Pkwy., Room 6N– 321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. Issued on June 11, 2024. James D. Foltz, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–13222 Filed 6–17–24; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:16 Jun 17, 2024 Jkt 262001 14 CFR Part 39 [Docket No. FAA–2024–1685; Project Identifier MCAI–2024–00076–T] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2023–04–06 and AD 2024–04–07, which apply to certain Airbus SAS Model A318, A319, A320 and A321 series airplanes. AD 2023–04–06 and AD 2024–04–07 require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2023–04–06 and AD 2024–04–07, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require certain actions in AD 2023–04– 06 and AD 2024–04–07 and would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products. SUMMARY: The FAA must receive comments on this proposed AD by August 2, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2024–1685; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except DATES: PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 51471 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: • For EASA material, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website ad.easa.europa.eu. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available at regulations.gov under Docket No. FAA– 2024–1685. FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206–231–3367; email timothy.p.dowling@faa.gov. 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–2024–1685; Project Identifier MCAI–2024–00076–T’’ 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 regulations.gov, 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 E:\FR\FM\18JNP1.SGM 18JNP1

Agencies

[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Proposed Rules]
[Pages 51468-51471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13222]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1686; Project Identifier MCAI-2023-00595-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 all Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, and 
SA330J helicopters. This proposed AD was prompted by the installation 
of unapproved main gearbox (MGB) forward and rear suspension bar 
attachment plates. This proposed AD would require inspecting or 
measuring the MGB forward and rear suspension bar attachment plates 
and, depending on the results, taking 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.

DATES: The FAA must receive comments on this proposed AD by August 2, 
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

[[Page 51469]]

    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1686; 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:
     For EASA material, 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 material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, 
Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call (817) 222-5110. The EASA material is also 
available at regulations.gov under Docket No. FAA-2024-1686.
    Other Related Material: For Airbus Helicopters material, contact 
Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX 75052; 
phone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at 
airbus.com/en/products-services/helicopters/hcare-services/airbusworld.

FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aviation Safety 
Engineer, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone 
(817) 222-5584; email [email protected].

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-2024-1686; Project Identifier 
MCAI-2023-00595-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 
regulations.gov, 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 Hye 
Yoon Jang, Aviation Safety Engineer, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone (817) 222-5584; email [email protected]. 
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 a series of ADs, the most recent being EASA 
AD 2023-0076, dated April 11, 2023 (EASA AD 2023-0076), to correct an 
unsafe condition on Airbus Helicopters Model SA 330 J, AS 332 C, AS 332 
C1, AS 332 L, and AS 332 L1 helicopters.
    This proposed AD was prompted by the installation of unapproved MGB 
forward and left-hand (LH) and right-hand (RH) rear suspension bar 
attachment plates. The FAA is proposing this AD to ensure installation 
of approved parts. The unsafe condition, if not addressed, could result 
in damage to the MGB suspension bar attachment plates and surrounding 
fuselage structure, and subsequent failure of load carrying structural 
elements. See EASA AD 2023-0076 for additional background information.

Related Material Under 1 CFR Part 51

    EASA AD 2023-0076 requires measuring the thickness of the MGB 
forward suspension bar attachment plate and inspecting the LH and RH 
MGB rear suspension bar attachment plates. Depending on the results, 
EASA AD 2023-0076 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.

Other Related Material

    The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB) 
No. AS332-53.02.15, Revision 0, dated March 6, 2023, and ASB No. SA330-
53.56, Revision 0, dated April 3, 2023. This material specifies 
procedures for measuring the thickness of the MGB front suspension bar 
attachment plate and visually checking the LH and RH MGB rear 
suspension bar attachment plate versions. Depending on the results, 
this material specifies procedures for contacting Airbus Helicopter to 
get an approved repair.

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 issuing this NPRM 
after 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 2023-0076, 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 2023-0076 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0076 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

[[Page 51470]]

as the heading of a particular section in EASA AD 2023-0076 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 2023-0076. Material referenced in EASA AD 2023-0076 for 
compliance will be available at regulations.gov under Docket No. FAA-
2024-1686 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    If, during the inspection or measurement, any discrepancy is 
detected, EASA AD 2023-0076 specifies contacting AH [Airbus 
Helicopters] to obtain approved corrective action instructions and 
accomplishing those instructions, and the material referenced in EASA 
AD 2023-0076 specifies contacting Airbus Helicopters to get an approved 
repair, whereas this proposed AD would require accomplishing the 
corrective action before further flight in accordance with a method 
approved by the FAA, EASA, or Airbus Helicopters' EASA Design 
Organization Approval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 38 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.
    Measuring the thickness of the MGB forward suspension bar 
attachment plate and inspecting the LH and RH MGB rear suspension bar 
attachment plates would take approximately 2 work-hours for an 
estimated cost of $170 per helicopter and $6,460 for the U.S. fleet.
    The corrective action that may be needed as a result of the 
inspection or measurement could vary significantly from helicopter to 
helicopter. The FAA has no data to determine the costs to accomplish 
the corrective action or the number of helicopters that may require 
corrective action.

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-2024-1686; Project Identifier 
MCAI-2023-00595-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 2, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS332C, AS332C1, 
AS332L, AS332L1, and SA330J helicopters, certificated in any 
category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 5311, Fuselage 
Main, Frame.

(e) Unsafe Condition

    This AD was prompted by the installation of unapproved main 
gearbox (MGB) forward and left-hand and right-hand rear suspension 
bar attachment plates. The FAA is issuing this AD to ensure 
installation of approved parts. The unsafe condition, if not 
addressed, could result in damage to the MGB suspension bar 
attachment plates and surrounding fuselage structure, and subsequent 
failure of load carrying structural elements.

(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 
2023-0076, dated April 11, 2023 (EASA AD 2023-0076).

(h) Exceptions to EASA AD 2023-0076

    (1) Where EASA AD 2023-0076 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2023-0076 refers to its effective date and 
March 21, 2023 (the effective date of EASA AD 2023-0049, dated March 
7, 2023), this AD requires using the effective date of this AD.
    (3) Where paragraph (2) of EASA AD 2023-0076 specifies 
contacting AH [Airbus Helicopters] for approved corrective action 
instructions and within the compliance time indicated therein, 
accomplishing those instructions accordingly and, where the material 
referenced in paragraph (2) of EASA AD 2023-0076 specifies 
contacting Airbus Helicopters to get an approved repair, this AD 
requires, before further flight, corrective action done in 
accordance with a method approved by the Manager, International 
Validation Branch, FAA; or EASA; or Airbus Helicopters' EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0049.

(i) No Reporting Requirement

    Although the material referenced in EASA AD 2023-0076 specifies 
to submit certain information to the manufacturer, this AD does not 
require that action.

[[Page 51471]]

(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) of 
this AD or email to: [email protected]. If mailing 
information, also submit information by email.
    (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) Additional Information

    For more information about this AD, contact Hye Yoon Jang, 
Aviation Safety Engineer, 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; phone (817) 222-5584; email [email protected].

(l) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0076, 
dated April 11, 2023.
    (ii) [Reserved]
    (3) For EASA material, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet 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 Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on June 11, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-13222 Filed 6-17-24; 8:45 am]
BILLING CODE 4910-13-P
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