Airworthiness Directives; Airbus Helicopters, 83437-83440 [2024-23796]

Download as PDF 83437 Proposed Rules Federal Register Vol. 89, No. 200 Wednesday, October 16, 2024 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. column, correct the RIN to read: ‘‘0581– AE31.’’ Melissa Bailey, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2024–23793 Filed 10–15–24; 8:45 am] BILLING CODE P DEPARTMENT OF AGRICULTURE DEPARTMENT OF TRANSPORTATION Agricultural Marketing Service Federal Aviation Administration 7 CFR Part 800 14 CFR Part 39 [Doc. No. AMS–FGIS–24–0027] [Docket No. FAA–2024–2332; Project Identifier MCAI–2022–01479–R] RIN 0581–AE31 RIN 2120–AA64 Formulas for Calculating Hourly and Unit Fees for FGIS Services; Correction Airworthiness Directives; Airbus Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: Agricultural Marketing Service, Department of Agriculture (USDA). AGENCY: Notice of proposed rulemaking; correction. ACTION: The Agricultural Marketing Service (AMS), Federal Grain Inspection Service (FGIS or Service) published a proposed rulemaking in the Federal Register of October 8, 2024, concerning amendments to its user fee regulations to establish standardized formulas the agency would use to calculate hourly and unit fees. This document will correct the Regulation Identifier Number (RIN) used in the proposed rule. SUMMARY: Comments are due on or before November 22, 2024. DATES: FOR FURTHER INFORMATION CONTACT: Denise Ruggles, Executive Program Analyst, USDA, AMS, FGIS, Telephone: 816–702–3897, Email: Denise.M.Ruggles@usda.gov; or Anthony Goodeman, Senior Policy Advisor, USDA, AMS, FGIS, Telephone: 202–720–2091, Email: Anthony.T.Goodeman@usda.gov. lotter on DSK11XQN23PROD with PROPOSALS1 SUPPLEMENTARY INFORMATION: Correction In the proposed rulemaking FR Doc. 2024–23192, on page 81396 in the issue of October 8, 2024, making the following correction in the preamble header. On page 81396, in the first VerDate Sep<11>2014 16:01 Oct 15, 2024 Jkt 265001 The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP, AS– 365N2, AS 365 N3, EC 155B, EC155B1, EC225LP, SA–365N, and SA–365N1 helicopters. This proposed AD was prompted by a report of an unintentional activation of the hoist shear-button (shear-button) on the collective pitch handle during a night flight. This proposed AD would require checking the operation of the shearbutton safety-cap on each applicable collective pitch handle and prohibit installing certain part-numbered collective pitch handles or collective sticks with those part-numbered collective pitch handles installed unless certain requirements are met. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this NPRM by December 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– SUMMARY: PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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–2024–2332; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, any comments received, and other information. The street address for Docket Operations is listed above. Related Material: For Airbus Helicopters material identified in this AD, 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. Dan McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404) 474– 5548; email: william.mccully@faa.gov. FOR FURTHER INFORMATION CONTACT: 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–2024–2332; Project Identifier MCAI–2022–01479–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. E:\FR\FM\16OCP1.SGM 16OCP1 83438 Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Proposed Rules Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Dan McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404) 474–5548; email: william.mccully@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. lotter on DSK11XQN23PROD with PROPOSALS1 Background The European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2022–0220, dated November 16, 2022 (EASA AD 2022–0020), to correct an unsafe condition on Airbus Helicopters Model AS 355 E, AS 355 F, AS 3555 F1, AS 355 F2, AS 355 N, AS 355 NP, SA 365 N, SA 365 N1, AS 365 N2, AS 365 N3, EC 155 B, EC 155 B1, AS 332 C, AS 332 C1, AS 332 L, AS 332 L1, AS 332 L2, and EC 225 LP helicopters, all serial numbers equipped with hoist provisions (hoist fixed parts). EASA AD 2022–0020 advises of a report of an inadvertent activation of the shear-button on a collective pitch handle. EASA AD 2022–0020 states this occurred during a night flight when the pilot was turning on the headlight adjacent to the shear-button, which is protected by a safety-cap that is fitted with a spring. Additionally, EASA AD 2022–0220 states that further investigation determined aging of the spring may have led to improper functioning of the safety-cap. Accordingly, EASA AD 2022–0220 requires accomplishing an operational check of the shear-button safety-cap of each applicable collective pitch handle and, depending on the results, replacing the spring or deferring replacement of the spring by fabricating and installing a placard prohibiting use of the hoist VerDate Sep<11>2014 16:01 Oct 15, 2024 Jkt 265001 during night flights, informing all flight crew, and operating the helicopter accordingly. EASA AD 2022–0220 also prohibits installing certain partnumbered collective pitch handles or certain part-numbered collective sticks with those part-numbered collective pitch handles installed unless the operational check and as applicable, corrective action is done, or it is a new collective pitch handle. You may examine EASA AD 2022– 0220 in the AD docket at regulations.gov under Docket No. FAA–2024–2332. Related Material The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB) AS332– 25.03.97, Revision 0, dated October 4, 2022; Airbus Helicopters ASB AS355– 25.01.38, Revision 0, dated October 4, 2022; Airbus Helicopters ASB AS365– 25.01.91, Revision 1, dated November 3, 2022; Airbus Helicopters ASB EC155– 25A160, Revision 0, dated October 4, 2022; and Airbus Helicopters ASB EC225–25A293, Revision 0, dated October 4, 2022. This material specifies procedures for inspecting the spring of the shear-button safety-cap on the collective pitch handle to determine whether the safety-cap maintains either in a fully closed or fully open position. Depending on the results, this material specifies procedures for replacing an affected spring or attaching a label (placard) to prohibit night flights. FAA’s Determination These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in its AD. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop on other products of these same type designs. Proposed AD Requirements in This NPRM This proposed AD would require checking the spring of the collective pitch handle for correct positioning of the shear-button safety-cap and, depending on the results, replacing the spring or deferring replacement of the spring and installing a placard and prohibiting night flying during the deferment. The owner/operator (pilot) holding at least a private pilot certificate may perform the check and must enter compliance with the applicable paragraphs of the proposed AD into the helicopter maintenance records in accordance with 14 CFR 43.9(a) and PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 91.417(a)(2)(v). The pilot may perform this check because it only involves lifting the safety-cap and verifying whether it automatically returns to an intended position. This check could be performed equally well by a pilot or a mechanic. This is an exception to the FAA’s standard maintenance regulations. This proposed AD would also prohibit installing certain partnumbered collective pitch handles or collective sticks with those partnumbered collective pitch handles installed unless the operational check and, as applicable, corrective action, is done, or it is a new collective pitch handle. Differences Between This Proposed AD and EASA AD 2022–0220 EASA AD 2022–0220 specifies a onetime inspection of the spring, whereas this proposed AD would require repetitively inspecting the spring at intervals not to exceed 12 months timein-service. EASA AD 2022–0220 allows deferring replacement of a deficient spring provided that a placard prohibiting use of the hoist at night is installed, all flight crew are informed and, thereafter, that the helicopter is operated accordingly, whereas this proposed AD would not require informing any flight crew. Compliance with such requirements in an AD is impracticable to demonstrate or track on an ongoing basis; therefore, an AD requirement to inform all flight crew is unenforceable. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 66 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. Checking each safety-cap would take 1 work-hour for an estimated cost of up to $85 per helicopter and $5,610 for the U.S. fleet, per check cycle. If required, replacing a spring would take 1 work-hour and parts would cost $25 for an estimated cost of $110 per replacement. Fabricating and installing a placard would take 0.5 work-hour and parts would cost $25 for an estimated cost of $68 per helicopter. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more E:\FR\FM\16OCP1.SGM 16OCP1 Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Proposed Rules 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 1. The authority citation for part 39 continues to read as follows: ■ lotter on DSK11XQN23PROD with PROPOSALS1 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– 2332; Project Identifier MCAI–2022– 01479–R. VerDate Sep<11>2014 16:01 Oct 15, 2024 Jkt 265001 (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by December 2, 2024. (b) Affected ADs None. (c) Applicability This AD applies to Airbus Helicopters AS332C, AS332C1, AS332L, AS332L1, AS332L2, AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP, AS–365N2, AS 365 N3, EC 155B, EC155B1, EC225LP, SA–365N, and SA–365N1 helicopters, certificated in any category, with a collective pitch handle installed on a pilot or co-pilot collective stick having part number (P/N) 704A41–1100–42, 704A41–1100–50, 704A41–1100–56, 704A41–1100–57, 704A41–1100–60, 704A41–1100–67, 704A41–1100–68, 704A41–1100–97, 704A41–1100–98, 704A41–1100–99, 704A41–1101–14, 704A41–1101–30, or 704A41–1101–32, as applicable to your model helicopter. (d) Subject Joint Aircraft System Component (JASC) Code: 2510, Flight compartment equipment. (e) Unsafe Condition This AD was prompted by a report of an unintentional activation of the hoist shearbutton on the collective pitch handle during a night flight. The FAA is issuing this AD to detect and address fatigue of the spring in the hoist shear-button safety-cap on the left and right collective pitch handles. The unsafe condition, if not addressed, could result in an unintended shearing of the hoist cable and subsequent injury to the hoisted person. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) For helicopters identified in paragraph (c) of this AD that have a hoist installed, within 50 hours time-in-service (TIS) after the effective date of this AD, and thereafter at intervals not to exceed 12 months TIS, check the operation of the hoist shear-button safety-cap on each applicable collective pitch handle by accomplishing the actions required by paragraphs (g)(1)(i) through (iii) of this AD, as applicable. The owner/operator (pilot) holding at least a private pilot certificate may perform the checks required by paragraphs (g)(1)(i) through (iii) of this AD and must enter compliance with these paragraphs into the helicopter maintenance records in accordance with 14 CFR 43.9(a) and 91.417(a)(2)(v). The record must be maintained as required by 14 CFR 91.417, 121.380, or 135.439. (i) Place your thumb under the safety-cap and lift the safety-cap to a less-than halfway position. Remove your thumb and verify that the safety-cap goes to the fully open position or that the safety-cap returns to the fully closed position. Repeat these actions no less than two more times. If the safety-cap stays in the less-than halfway position, or the safety-cap does not fully close or fully open PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 83439 during any instance of the actions required by this paragraph, before further flight, a person authorized under 14 CFR 43.3 must accomplish the actions required by paragraph (g)(2) of this AD. (ii) Place your thumb under the safety-cap and lift the safety-cap to a halfway position. Remove your thumb and verify that the safety-cap goes to the fully open position or that the safety-cap returns to the fully closed position. Repeat these actions no less than two more times. If the safety-cap stays in the halfway position, or the safety-cap does not fully close or fully open during any instance of the actions required by this paragraph, before further flight, a person authorized under 14 CFR 43.3 must accomplish the actions required by paragraph (g)(2) of this AD. (iii) Place your thumb under the safety-cap and lift the safety-cap to a more-than halfway position. Remove your thumb and verify the safety-cap goes to the fully open position or that the safety-cap returns to the fully closed position. Repeat these actions no less than two more times. If the safety-cap stays in the more-than halfway position, or the safety-cap does not fully close or fully open during any instance of the actions required by this paragraph, before further flight, a person authorized under 14 CFR 43.3 must accomplish the actions required by paragraph (g)(2) of this AD. (2) If the safety-cap stays in the less-than halfway, halfway, or more-than halfway position, or the safety-cap does not fully close or fully open during any of instance of the actions required by paragraphs (g)(1)(i) through (iii) of this AD, before further flight, remove the spring from service and replace it with an airworthy spring. (3) As an alternative to replacing the spring as required by paragraph (g)(2) of this AD, accomplish the actions required by paragraphs (g)(3)(i) and (ii) of this AD. (i) Before further flight, fabricate a placard with a font size greater than or equal to 4 mm (.157 in), stating the following: ‘‘NIGHT HOIST OPERATIONS PROHIBITED’’. The placard must have a red background with white font color or a white background with red font color. The placard must not be erasable and must be attached to the instrument panel, visible to the pilot and copilot. (ii) Within 150 hours TIS after accomplishing the actions required by paragraph (g)(3)(i) of this AD, remove the spring of the safety-cap from service and replace it with an airworthy spring, and remove the placard from service. (4) For helicopters identified in paragraph (c) of this AD that do not have a hoist installed, before installation of a hoist’s removable parts on the helicopter, accomplish the check and as applicable, corrective action, required by paragraphs (g)(1) through (3) of this AD. (h) Parts Installation Limitations As of the effective date of this AD, do not install on any helicopter a collective pitch handle having a P/N identified in paragraph (c) of this AD, or any pilot or co-pilot collective stick with a collective pitch handle having a P/N identified in paragraph (c) of E:\FR\FM\16OCP1.SGM 16OCP1 83440 Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Proposed Rules this AD installed, unless the check and as applicable, corrective action, required by paragraphs (g)(1) and (2) of this AD have been done or the collective pitch handle is new (zero total hours TIS). (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: 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) Related Information For more information about this AD, contact Dan McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404) 474– 5548; email: william.mccully@faa.gov. (k) Material Incorporated by Reference None. Issued on October 9, 2024. Steven W. Thompson, Acting Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–23796 Filed 10–15–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 241009–0267] RTID 0648–XE226 Fisheries of the Northeastern United States; 2025 Specifications for the Summer Flounder, Scup, Black Sea Bass, and Bluefish Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. lotter on DSK11XQN23PROD with PROPOSALS1 AGENCY: NMFS proposes 2025 specifications for the summer flounder, scup, black sea bass, and bluefish fisheries. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management SUMMARY: VerDate Sep<11>2014 16:01 Oct 15, 2024 Jkt 265001 Plan and the Bluefish Fishery Management Plan require us to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. The proposed specifications establish allowable harvest levels for these species that will prevent overfishing, consistent with the most recent scientific information. Comments must be received on or before October 31, 2024. DATES: A plain language summary of this proposed rule is available at https://www.regulations.gov/docket/ NOAA-NMFS-2024-0117. You may submit comments on this document, identified by NOAA–NMFS–2024–0117, by the following method: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type NOAA–NMFS–2024–0117 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). A Supplemental Information Report (SIR) was prepared for the 2025 black sea bass specifications. Environmental Assessments (EA) were prepared for the 2024 and projected 2025 summer flounder and scup specifications and 2024 and projected 2025 bluefish specifications. Copies of the EAs are available on request from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 North State Street, Dover, DE 19901. The EAs are also accessible via the internet at https://www.mafmc.org/ supporting-documents. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst, (978) 281–9116, or emily.keiley@ noaa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 General Background The Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission) cooperatively develop management measures for the summer flounder, scup, black sea bass, and bluefish fisheries. The Council, pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) develops recommendations regarding fisheries in Federal waters seaward of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina. The Commission, pursuant to the Atlantic Coastal Fisheries Cooperative Management Act, addresses fisheries in state waters from Florida to Maine. These bodies work together in the development of complementary fishery management plans (FMP) for species like summer flounder, scup, black sea bass, and bluefish that are harvested in both Federal and state waters, and each year these bodies work together to develop specifications for these fisheries. The Council provides its recommendations to NMFS, and NMFS engages in a Federal rulemaking process by which the agency adopts specifications that become binding on the Federal fisheries. Specifications in these fisheries include various catch and landing subdivisions, such as the commercial and recreational sector annual catch limits (ACL), annual catch targets (ACT), and sector-specific landing limits (i.e., the commercial fishery quota and recreational harvest limit (RHL)) established for 1 to 3 years at a time. Adjustments to commercial management measures are also considered in the specifications process. The process for measures used to manage the recreational fisheries (i.e., minimum fish sizes, seasonal closures, and possession restrictions) for these four species occurs separately and is not discussed further in this proposed rule. The Summer Flounder, Scup, and Black Sea Bass FMP and the Bluefish FMP and their implementing regulations establish the process for establishing specifications for each of those four species. All requirements of the Magnuson-Stevens Act, including the 10 national standards, also apply to specifications. The FMPs also contain formulas to divide the catch limits into commercial and recreational fishery allocations, state-by-state quotas, and quota periods, depending on the species in question. This proposed rule outlines the application of the existing allocation provisions for each species and provides E:\FR\FM\16OCP1.SGM 16OCP1

Agencies

[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Proposed Rules]
[Pages 83437-83440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23796]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2332; Project Identifier MCAI-2022-01479-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, 
AS332L2, AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP, AS-365N2, 
AS 365 N3, EC 155B, EC155B1, EC225LP, SA-365N, and SA-365N1 
helicopters. This proposed AD was prompted by a report of an 
unintentional activation of the hoist shear-button (shear-button) on 
the collective pitch handle during a night flight. This proposed AD 
would require checking the operation of the shear-button safety-cap on 
each applicable collective pitch handle and prohibit installing certain 
part-numbered collective pitch handles or collective sticks with those 
part-numbered collective pitch handles installed unless certain 
requirements are met. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by December 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-2024-2332; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Related Material: For Airbus Helicopters material identified in 
this AD, 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: Dan McCully, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404) 
474-5548; 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-2024-2332; Project Identifier 
MCAI-2022-01479-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.

[[Page 83438]]

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Dan 
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (404) 474-5548; email: 
[email protected]. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2022-0220, dated November 16, 2022 (EASA AD 2022-0020), to 
correct an unsafe condition on Airbus Helicopters Model AS 355 E, AS 
355 F, AS 3555 F1, AS 355 F2, AS 355 N, AS 355 NP, SA 365 N, SA 365 N1, 
AS 365 N2, AS 365 N3, EC 155 B, EC 155 B1, AS 332 C, AS 332 C1, AS 332 
L, AS 332 L1, AS 332 L2, and EC 225 LP helicopters, all serial numbers 
equipped with hoist provisions (hoist fixed parts).
    EASA AD 2022-0020 advises of a report of an inadvertent activation 
of the shear-button on a collective pitch handle. EASA AD 2022-0020 
states this occurred during a night flight when the pilot was turning 
on the headlight adjacent to the shear-button, which is protected by a 
safety-cap that is fitted with a spring. Additionally, EASA AD 2022-
0220 states that further investigation determined aging of the spring 
may have led to improper functioning of the safety-cap.
    Accordingly, EASA AD 2022-0220 requires accomplishing an 
operational check of the shear-button safety-cap of each applicable 
collective pitch handle and, depending on the results, replacing the 
spring or deferring replacement of the spring by fabricating and 
installing a placard prohibiting use of the hoist during night flights, 
informing all flight crew, and operating the helicopter accordingly. 
EASA AD 2022-0220 also prohibits installing certain part-numbered 
collective pitch handles or certain part-numbered collective sticks 
with those part-numbered collective pitch handles installed unless the 
operational check and as applicable, corrective action is done, or it 
is a new collective pitch handle.
    You may examine EASA AD 2022-0220 in the AD docket at 
regulations.gov under Docket No. FAA-2024-2332.

Related Material

    The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB) 
AS332-25.03.97, Revision 0, dated October 4, 2022; Airbus Helicopters 
ASB AS355-25.01.38, Revision 0, dated October 4, 2022; Airbus 
Helicopters ASB AS365-25.01.91, Revision 1, dated November 3, 2022; 
Airbus Helicopters ASB EC155-25A160, Revision 0, dated October 4, 2022; 
and Airbus Helicopters ASB EC225-25A293, Revision 0, dated October 4, 
2022. This material specifies procedures for inspecting the spring of 
the shear-button safety-cap on the collective pitch handle to determine 
whether the safety-cap maintains either in a fully closed or fully open 
position. Depending on the results, this material specifies procedures 
for replacing an affected spring or attaching a label (placard) to 
prohibit night flights.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
its AD. The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require checking the spring of the 
collective pitch handle for correct positioning of the shear-button 
safety-cap and, depending on the results, replacing the spring or 
deferring replacement of the spring and installing a placard and 
prohibiting night flying during the deferment. The owner/operator 
(pilot) holding at least a private pilot certificate may perform the 
check and must enter compliance with the applicable paragraphs of the 
proposed AD into the helicopter maintenance records in accordance with 
14 CFR 43.9(a) and 91.417(a)(2)(v). The pilot may perform this check 
because it only involves lifting the safety-cap and verifying whether 
it automatically returns to an intended position. This check could be 
performed equally well by a pilot or a mechanic. This is an exception 
to the FAA's standard maintenance regulations.
    This proposed AD would also prohibit installing certain part-
numbered collective pitch handles or collective sticks with those part-
numbered collective pitch handles installed unless the operational 
check and, as applicable, corrective action, is done, or it is a new 
collective pitch handle.

Differences Between This Proposed AD and EASA AD 2022-0220

    EASA AD 2022-0220 specifies a one-time inspection of the spring, 
whereas this proposed AD would require repetitively inspecting the 
spring at intervals not to exceed 12 months time-in-service.
    EASA AD 2022-0220 allows deferring replacement of a deficient 
spring provided that a placard prohibiting use of the hoist at night is 
installed, all flight crew are informed and, thereafter, that the 
helicopter is operated accordingly, whereas this proposed AD would not 
require informing any flight crew. Compliance with such requirements in 
an AD is impracticable to demonstrate or track on an ongoing basis; 
therefore, an AD requirement to inform all flight crew is 
unenforceable.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 66 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.
    Checking each safety-cap would take 1 work-hour for an estimated 
cost of up to $85 per helicopter and $5,610 for the U.S. fleet, per 
check cycle.
    If required, replacing a spring would take 1 work-hour and parts 
would cost $25 for an estimated cost of $110 per replacement.
    Fabricating and installing a placard would take 0.5 work-hour and 
parts would cost $25 for an estimated cost of $68 per helicopter.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more

[[Page 83439]]

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-2024-2332; Project Identifier 
MCAI-2022-01479-R.

(a) Comments Due Date

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

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters AS332C, AS332C1, AS332L, 
AS332L1, AS332L2, AS355E, AS355F, AS355F1, AS355F2, AS355N, AS355NP, 
AS-365N2, AS 365 N3, EC 155B, EC155B1, EC225LP, SA-365N, and SA-
365N1 helicopters, certificated in any category, with a collective 
pitch handle installed on a pilot or co-pilot collective stick 
having part number (P/N) 704A41-1100-42, 704A41-1100-50, 704A41-
1100-56, 704A41-1100-57, 704A41-1100-60, 704A41-1100-67, 704A41-
1100-68, 704A41-1100-97, 704A41-1100-98, 704A41-1100-99, 704A41-
1101-14, 704A41-1101-30, or 704A41-1101-32, as applicable to your 
model helicopter.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2510, Flight 
compartment equipment.

(e) Unsafe Condition

    This AD was prompted by a report of an unintentional activation 
of the hoist shear-button on the collective pitch handle during a 
night flight. The FAA is issuing this AD to detect and address 
fatigue of the spring in the hoist shear-button safety-cap on the 
left and right collective pitch handles. The unsafe condition, if 
not addressed, could result in an unintended shearing of the hoist 
cable and subsequent injury to the hoisted person.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) For helicopters identified in paragraph (c) of this AD that 
have a hoist installed, within 50 hours time-in-service (TIS) after 
the effective date of this AD, and thereafter at intervals not to 
exceed 12 months TIS, check the operation of the hoist shear-button 
safety-cap on each applicable collective pitch handle by 
accomplishing the actions required by paragraphs (g)(1)(i) through 
(iii) of this AD, as applicable. The owner/operator (pilot) holding 
at least a private pilot certificate may perform the checks required 
by paragraphs (g)(1)(i) through (iii) of this AD and must enter 
compliance with these paragraphs into the helicopter maintenance 
records in accordance with 14 CFR 43.9(a) and 91.417(a)(2)(v). The 
record must be maintained as required by 14 CFR 91.417, 121.380, or 
135.439.
    (i) Place your thumb under the safety-cap and lift the safety-
cap to a less-than halfway position. Remove your thumb and verify 
that the safety-cap goes to the fully open position or that the 
safety-cap returns to the fully closed position. Repeat these 
actions no less than two more times. If the safety-cap stays in the 
less-than halfway position, or the safety-cap does not fully close 
or fully open during any instance of the actions required by this 
paragraph, before further flight, a person authorized under 14 CFR 
43.3 must accomplish the actions required by paragraph (g)(2) of 
this AD.
    (ii) Place your thumb under the safety-cap and lift the safety-
cap to a halfway position. Remove your thumb and verify that the 
safety-cap goes to the fully open position or that the safety-cap 
returns to the fully closed position. Repeat these actions no less 
than two more times. If the safety-cap stays in the halfway 
position, or the safety-cap does not fully close or fully open 
during any instance of the actions required by this paragraph, 
before further flight, a person authorized under 14 CFR 43.3 must 
accomplish the actions required by paragraph (g)(2) of this AD.
    (iii) Place your thumb under the safety-cap and lift the safety-
cap to a more-than halfway position. Remove your thumb and verify 
the safety-cap goes to the fully open position or that the safety-
cap returns to the fully closed position. Repeat these actions no 
less than two more times. If the safety-cap stays in the more-than 
halfway position, or the safety-cap does not fully close or fully 
open during any instance of the actions required by this paragraph, 
before further flight, a person authorized under 14 CFR 43.3 must 
accomplish the actions required by paragraph (g)(2) of this AD.
    (2) If the safety-cap stays in the less-than halfway, halfway, 
or more-than halfway position, or the safety-cap does not fully 
close or fully open during any of instance of the actions required 
by paragraphs (g)(1)(i) through (iii) of this AD, before further 
flight, remove the spring from service and replace it with an 
airworthy spring.
    (3) As an alternative to replacing the spring as required by 
paragraph (g)(2) of this AD, accomplish the actions required by 
paragraphs (g)(3)(i) and (ii) of this AD.
    (i) Before further flight, fabricate a placard with a font size 
greater than or equal to 4 mm (.157 in), stating the following: 
``NIGHT HOIST OPERATIONS PROHIBITED''. The placard must have a red 
background with white font color or a white background with red font 
color. The placard must not be erasable and must be attached to the 
instrument panel, visible to the pilot and co-pilot.
    (ii) Within 150 hours TIS after accomplishing the actions 
required by paragraph (g)(3)(i) of this AD, remove the spring of the 
safety-cap from service and replace it with an airworthy spring, and 
remove the placard from service.
    (4) For helicopters identified in paragraph (c) of this AD that 
do not have a hoist installed, before installation of a hoist's 
removable parts on the helicopter, accomplish the check and as 
applicable, corrective action, required by paragraphs (g)(1) through 
(3) of this AD.

(h) Parts Installation Limitations

    As of the effective date of this AD, do not install on any 
helicopter a collective pitch handle having a P/N identified in 
paragraph (c) of this AD, or any pilot or co-pilot collective stick 
with a collective pitch handle having a P/N identified in paragraph 
(c) of

[[Page 83440]]

this AD installed, unless the check and as applicable, corrective 
action, required by paragraphs (g)(1) and (2) of this AD have been 
done or the collective pitch handle is new (zero total hours TIS).

(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) Related Information

    For more information about this AD, contact Dan McCully, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (404) 474-5548; email: 
[email protected].

(k) Material Incorporated by Reference

    None.

    Issued on October 9, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-23796 Filed 10-15-24; 8:45 am]
 BILLING CODE 4910-13-P


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