Airworthiness Directives; Airbus Helicopters, 99169-99172 [2024-28831]

Download as PDF Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Proposed Rules (2) Carry out the obligations of the Board under any contracts or agreements entered into pursuant to this subpart; (3) From time to time account for all receipts and disbursements and deliver all property on hand, together with all books and records of the Board and trustees, to such person or persons as the Secretary directs; and (4) Upon request of the Secretary, execute such assignments or other instruments necessary or appropriate to vest in such persons title and right to all funds, property, and claims vested in the Board or the trustees pursuant to this subpart. (c) Any person to whom funds, property, or claims have been transferred or delivered pursuant to this subpart shall be subject to the same obligations imposed upon the Board and upon the trustees. (d) Any residual funds not required to defray the necessary expenses of liquidation shall be turned over to the Secretary to be disposed of, to the extent practical, to one or more organizations in the United States whose mission is generic natural grass sod promotion, research, and information programs. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant thereto, or the issuance of any amendment to either thereof, shall not: (a) Affect or waive any right, duty, obligation, or liability which shall have arisen, or which may thereafter arise in connection with any provision of this subpart, or any regulation issued thereunder; (b) Release or extinguish any violation of this subpart or any regulation issued thereunder; or (c) Affect or impair any rights or remedies of the United States, or of the Secretary or of any other persons, with respect to any such violation. khammond on DSK9W7S144PROD with PROPOSALS Personal liability. No member or employee of the Board shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as such member or employee, except for acts of dishonesty or willful misconduct. § 1240.76 Severability. If any provision of this subpart is declared invalid or the applicability of it to any person or circumstances is held invalid, the validity of the remainder of VerDate Sep<11>2014 16:25 Dec 09, 2024 Jkt 265001 § 1240.77 Amendments. Amendments to this subpart may be proposed from time to time by the Board or any interested person affected by the provisions of the Act, including the Secretary. § 1240.78 OMB control number. The control numbers assigned to the information collection requirements by the OMB pursuant to the PRA of 1995, 44 U.S.C. chapter 35, are OMB control numbers 0505–0001 (Background Information Form), 0581–0093 (Organic Exemption), and 0581–0349. * * * * * Melissa Bailey, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2024–28389 Filed 12–9–24; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 § 1240.74 Effect of termination or amendment. § 1240.75 this subpart, or the applicability thereof to other persons or circumstances shall not be affected thereby. [Docket No. FAA–2024–2552; Project Identifier MCAI–2022–01243–R] RIN 2120–AA64 Airworthiness Directives; Airbus Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2021–09–14, which applies to certain Airbus Helicopters (Airbus) Model SA330J helicopters. AD 2021–09–14 requires repetitively inspecting for a gap between the main gearbox (MGB) oil cooling fan assembly (fan) rotor blade and the upper section of the guide vane bearing housing, installing improved MGB fan rotor shaft bearings, and repetitively inspecting the improved MGB fan rotor shaft bearings. Since the FAA issued AD 2021–09–14, Airbus has developed modifications to the components of the MGB fan bearing assembly and issued new material regarding these modifications. This proposed AD would retain the actions required by AD 2021–09–14 and would also require installing the improved MGB fan rotor bearing assembly, which would constitute terminating action for the repetitive inspections. These actions SUMMARY: PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 99169 are specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this NPRM by January 24, 2025. 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–2024–2552; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For EASA material identified in this proposed AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@easa.europa.eu; website: easa.europa.eu. You may find this 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 Parkway, Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. It is also available at regulations.gov under Docket No. FAA–2024–2552. FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aviation Safety Engineer, FAA; 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (303) 342– 1080; email: hal.jensen@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 the ADDRESSES section. Include ‘‘Docket No. FAA–2024–2552; Project E:\FR\FM\10DEP1.SGM 10DEP1 99170 Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Proposed Rules Identifier MCAI–2022–01243–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 the 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 Hal Jensen, Aviation Safety Engineer, FAA; 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (303) 342–1080; email: hal.jensen@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. khammond on DSK9W7S144PROD with PROPOSALS Background The FAA issued AD 2021–09–14, Amendment 39–21528 (86 FR 26829, May 18, 2021) (AD 2021–09–14), for Airbus Model SA330J helicopters with MGB fan rotor shaft bearings (both rear and front) part number (P/N) 704A33651114 (manufacturer P/N (MP/ N) 205FFTX74K6–G33) or P/N 704A33651268 (MP/N 594918), installed. AD 2021–09–14 was prompted by an MCAI originated by EASA, which is the Technical Agent for the Member States of the European Union. EASA issued EASA AD 2020– 0171, dated July 28, 2020 (EASA AD VerDate Sep<11>2014 16:25 Dec 09, 2024 Jkt 265001 2020–0171), to correct an unsafe condition. AD 2021–09–14 requires repetitively inspecting for a gap between the MGB fan rotor blade and the upper section of the guide vane bearing housing and, depending on the results or within a specified compliance time, installing improved MGB fan rotor shaft bearings and repetitively inspecting the improved MGB fan rotor shaft bearings. The FAA issued AD 2021–09–14 to prevent rotor burst of the MGB fan, damage to the hydraulic lines and flight controls, and subsequent loss of control of the helicopter. Actions Since AD 2021–09–14 Was Issued Since the FAA issued AD 2021–09– 14, EASA superseded EASA AD 2020– 0171 and issued EASA AD 2022–0191, dated September 15, 2022 (EASA AD 2022–0191), to correct an unsafe condition on Airbus Helicopters Model SA 330 J helicopters. EASA AD 2022– 0191 states since EASA AD 2020–0171 was issued, Airbus has developed modifications (mod) 0776102 and mod 0776104, which introduce a new Kevlar protection on the fan bearing rectifier and a new flexible duct. Additionally, Airbus issued revised material to provide in-service modification instructions. The FAA is proposing this AD to prevent rotor burst of the MGB fan, damage to the hydraulic lines and flight controls, and subsequent loss of control of the helicopter. See EASA AD 2022– 0191 for additional background information. You may examine EASA AD 2022–0191 in the AD docket at regulations.gov under Docket No. FAA– 2024–2552. Lastly, this NPRM uses an updated format. As a result, the applicability paragraph has changed. Material Incorporated by Reference Under 1 CFR Part 51 The FAA reviewed EASA AD 2022– 0191, which requires repetitively inspecting for play (a gap) on the MGB fan rotor shaft bearings (both rear and front) between the MGB fan rotor blade and the upper section of the guide vane bearing housing. If there is play that does not meet the minimum requirement or at a specified compliance time, EASA AD 2022–0191 requires replacing the affected MGB fan rotor shaft bearings with serviceable MGB fan rotor shaft bearings (both rear and front) as defined in EASA AD 2022– 0191. Additionally, EASA AD 2022– 0191 allows credit for performing these inspections and corrective action, provided specific requirements are met. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 EASA AD 2022–0191 also requires modifying the MGB fan bearing assembly, which would constitute terminating action for the repetitive inspections. Lastly, EASA AD 2022–0191 only allows installing serviceable MGB fan rotor shaft bearings as defined in EASA AD 2022–0191 and installing an improved MGB fan bearing assembly as defined in EASA AD 2022–0191, provided certain requirements are met. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. 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 the EASA AD referenced above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design. Proposed AD Requirements in This NPRM This proposed AD would retain all the requirements of AD 2021–09–14 and would require accomplishing the actions specified in EASA AD 2022– 0191 described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD and except as discussed under ‘‘Differences Between this Proposed AD and EASA AD 2022–0191.’’ Explanation of Required Compliance Information In the FAA’s ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate EASA AD 2022–0191 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2022–0191 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Using common terms that are the same as the heading of a particular section of E:\FR\FM\10DEP1.SGM 10DEP1 Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Proposed Rules EASA AD 2022–0191 does not mean that operators need comply only with that section. For example, where the AD requirement refers to ‘‘all required actions and compliance times,’’ compliance with this AD requirement is not limited to the section titled ‘‘Required Action(s) and Compliance Time(s)’’ in EASA AD 2022–0191. Material referenced in EASA AD 2022– 0191 for compliance will be available at regulations.gov under Docket No. FAA– 2024–2552 after the FAA final rule is published. khammond on DSK9W7S144PROD with PROPOSALS Differences Between This Proposed AD and EASA AD 2022–0191 The inspection material referenced in EASA AD 2022–0191 specifies returning certain parts to the manufacturer, whereas this proposed AD would require removing those parts from service instead. The inspection material referenced in EASA AD 2022–0191 specifies completing a response form, whereas this proposed AD would not require that action. The modification material referenced in EASA AD 2022–0191 specifies sending the fan-bearing assembly to an approved D-level maintenance center for modification, whereas this proposed AD would require installing modification 0776102, and as applicable, modification 0725373. Costs of Compliance The FAA estimates that this AD would affect 6 helicopters of U.S. Registry. Labor rates are estimated at $85 per work-hour. Based on these numbers, the FAA estimates that operators may incur the following costs in order to comply with this proposed AD. Inspecting for a gap between the MGB fan rotor blade and the upper section of the guide vane bearing housing would take 2 work-hours for an estimated cost of $170 per helicopter and $1,020 for the U.S. fleet, per inspection cycle. Replacing the MGB fan rotor shaft bearings would take 6 work-hours and parts would cost $1,938 for an estimated cost of $2,448 per helicopter and $14,688 for the U.S. fleet. Removing the flexible duct, installing new flexible duct MOD 0776104, removing the fan-bearing assembly, and installing the modified fan-bearing assembly would take 8 work-hours and parts would cost $10,000 for an estimated cost of $10,680 per helicopter and $64,080 for the U.S. fleet. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, VerDate Sep<11>2014 16:25 Dec 09, 2024 Jkt 265001 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 that the 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: a. Removing Airworthiness Directive 2021–09–14, Amendment 39–21528 (86 FR 26829, May 18, 2021); and ■ b. Adding the following new airworthiness directive: ■ ■ PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 99171 Airbus Helicopters: Docket No. FAA–2024– 2552; Project Identifier MCAI–2022– 01243–R. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by January 24, 2025. (b) Affected ADs This AD replaces AD 2021–09–14, Amendment 39–21528 (86 FR 26829, May 18, 2021) (AD 2021–09–14). (c) Applicability This AD applies to Airbus Helicopters Model SA330J helicopters, certificated in any category. (d) Subject Joint Aircraft System Component (JASC) Code 6322, Main Gearbox Oil Cooler. (e) Unsafe Condition This AD was prompted by the development of a modification for an improved MGB fan rotor bearing assembly. The FAA is issuing this AD to prevent rotor burst of the MGB fan, damage to the hydraulic lines and flight controls, and subsequent loss of control of the helicopter. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraphs (h) and (i) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2022– 0191, dated September 15, 2022 (EASA AD 2022–0191). (h) Exceptions to EASA AD 2022–0191 (1) Where EASA AD 2022–0191 refers to August 11, 2020 (the effective date of EASA AD 2020–0171, dated July 28, 2020) and to its effective date, this AD requires using the effective date of this AD. (2) Where EASA AD 2022–0191 refers to flight hours (FH), this AD requires using hours time-in-service. (3) Where ‘‘the inspection ASB’’ material referenced in EASA AD 2022–0191 specifies to return certain parts to Airbus Helicopters, this AD requires removing those parts from service. (4) Where ‘‘the inspection ASB’’ material referenced in EASA AD 2022–0191 specifies completing the response form in Appendix 4, this AD does not require that action. (5) Where the ‘‘the modification ASB’’ material referenced in EASA AD 2022–0191 specifies sending the fan-bearing assembly to an approved D-level maintenance center to integrate modification 0776102 and where applicable, modification 0725373, this AD requires installing modification 0776102, and as applicable, modification 0725373. (6) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2022–0191. (i) No Reporting Requirement Although the material referenced in EASA AD 2022–0191 specifies to submit certain E:\FR\FM\10DEP1.SGM 10DEP1 99172 Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Proposed Rules information to the manufacturer, this AD does not require that action. DEPARTMENT OF TRANSPORTATION (j) Special Flight Permits Special flight permits may be issued in accordance with 14 CFR 21.197 and 21.199 to operate the helicopter to a location where the actions of this AD can be performed, provided there are no passengers onboard. Federal Aviation Administration (k) Alternative Methods of Compliance (AMOCs) (1) The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (l) of this AD. Information may be emailed to: 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. khammond on DSK9W7S144PROD with PROPOSALS (l) Additional Information For more information about this AD, contact Hal Jensen, Aviation Safety Engineer, FAA; 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (303) 342–1080; email: hal.jensen@faa.gov. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2022–0191, dated September 15, 2022. (ii) [Reserved] (3) For EASA material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@easa.europa.eu; website: easa.europa.eu. You may find the EASA material on the EASA website at ad.easa.europa.eu. (4) You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N– 321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. Issued on December 3, 2024. Steven W. Thompson, Acting Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–28831 Filed 12–9–24; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:25 Dec 09, 2024 Jkt 265001 14 CFR Part 71 [Docket No. FAA–2024–2391; Airspace Docket No. 24–ANM–108] RIN 2120–AA66 Establishment of Class E Airspace; Stanford/Biggerstaff Field, Stanford, MT Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Stanford/Biggerstaff Field, Stanford, MT. This action would support the airport’s transition from visual flight rules (VFR) to instrument flight rules (IFR) operations. DATES: Comments must be received on or before January 24, 2025. ADDRESSES: Send comments identified by FAA Docket No. FAA–2024–2391 and Airspace Docket No. 24–ANM–108 using any of the following methods: * Federal eRulemaking Portal: Go to www.regulations.gov and follow the online instructions for sending your comments electronically. * Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. * Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. * Fax: Fax comments to Docket Operations at (202) 493–2251. Docket: Background documents or comments received may be read at www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FAA Order JO 7400.11J, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/ publications/. You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation SUMMARY: PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. FOR FURTHER INFORMATION CONTACT: Nathan A. Chaffman, Federal Aviation Administration, Western Service Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA 98198; telephone (206) 231–3460. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority, as it would establish Class E airspace extending upward from 700 feet above the surface to support IFR operations at Stanford/ Biggerstaff Field, Stanford, MT. Comments Invited The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically, or commenters should send only one copy of written comments if comments are filed in writing. The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this proposal in light of the comments it receives. E:\FR\FM\10DEP1.SGM 10DEP1

Agencies

[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Proposed Rules]
[Pages 99169-99172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28831]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2552; Project Identifier MCAI-2022-01243-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 supersede Airworthiness Directive (AD) 
2021-09-14, which applies to certain Airbus Helicopters (Airbus) Model 
SA330J helicopters. AD 2021-09-14 requires repetitively inspecting for 
a gap between the main gearbox (MGB) oil cooling fan assembly (fan) 
rotor blade and the upper section of the guide vane bearing housing, 
installing improved MGB fan rotor shaft bearings, and repetitively 
inspecting the improved MGB fan rotor shaft bearings. Since the FAA 
issued AD 2021-09-14, Airbus has developed modifications to the 
components of the MGB fan bearing assembly and issued new material 
regarding these modifications. This proposed AD would retain the 
actions required by AD 2021-09-14 and would also require installing the 
improved MGB fan rotor bearing assembly, which would constitute 
terminating action for the repetitive inspections. These actions are 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference. The FAA is proposing this 
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by January 24, 2025.

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-2024-2552; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material identified in this proposed AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 
8999 000; email: [email protected]; website: easa.europa.eu. You may 
find this 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 Parkway, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call (817) 222-5110. It is also available at 
regulations.gov under Docket No. FAA-2024-2552.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aviation Safety Engineer, 
FAA; 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (303) 
342-1080; 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 the ADDRESSES section. Include ``Docket No. FAA-2024-2552; 
Project

[[Page 99170]]

Identifier MCAI-2022-01243-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 the 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 Hal 
Jensen, Aviation Safety Engineer, FAA; 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (303) 342-1080; 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 FAA issued AD 2021-09-14, Amendment 39-21528 (86 FR 26829, May 
18, 2021) (AD 2021-09-14), for Airbus Model SA330J helicopters with MGB 
fan rotor shaft bearings (both rear and front) part number (P/N) 
704A33651114 (manufacturer P/N (MP/N) 205FFTX74K6-G33) or P/N 
704A33651268 (MP/N 594918), installed. AD 2021-09-14 was prompted by an 
MCAI originated by EASA, which is the Technical Agent for the Member 
States of the European Union. EASA issued EASA AD 2020-0171, dated July 
28, 2020 (EASA AD 2020-0171), to correct an unsafe condition.
    AD 2021-09-14 requires repetitively inspecting for a gap between 
the MGB fan rotor blade and the upper section of the guide vane bearing 
housing and, depending on the results or within a specified compliance 
time, installing improved MGB fan rotor shaft bearings and repetitively 
inspecting the improved MGB fan rotor shaft bearings. The FAA issued AD 
2021-09-14 to prevent rotor burst of the MGB fan, damage to the 
hydraulic lines and flight controls, and subsequent loss of control of 
the helicopter.

Actions Since AD 2021-09-14 Was Issued

    Since the FAA issued AD 2021-09-14, EASA superseded EASA AD 2020-
0171 and issued EASA AD 2022-0191, dated September 15, 2022 (EASA AD 
2022-0191), to correct an unsafe condition on Airbus Helicopters Model 
SA 330 J helicopters. EASA AD 2022-0191 states since EASA AD 2020-0171 
was issued, Airbus has developed modifications (mod) 0776102 and mod 
0776104, which introduce a new Kevlar protection on the fan bearing 
rectifier and a new flexible duct. Additionally, Airbus issued revised 
material to provide in-service modification instructions.
    The FAA is proposing this AD to prevent rotor burst of the MGB fan, 
damage to the hydraulic lines and flight controls, and subsequent loss 
of control of the helicopter. See EASA AD 2022-0191 for additional 
background information. You may examine EASA AD 2022-0191 in the AD 
docket at regulations.gov under Docket No. FAA-2024-2552.
    Lastly, this NPRM uses an updated format. As a result, the 
applicability paragraph has changed.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0191, which requires repetitively 
inspecting for play (a gap) on the MGB fan rotor shaft bearings (both 
rear and front) between the MGB fan rotor blade and the upper section 
of the guide vane bearing housing. If there is play that does not meet 
the minimum requirement or at a specified compliance time, EASA AD 
2022-0191 requires replacing the affected MGB fan rotor shaft bearings 
with serviceable MGB fan rotor shaft bearings (both rear and front) as 
defined in EASA AD 2022-0191. Additionally, EASA AD 2022-0191 allows 
credit for performing these inspections and corrective action, provided 
specific requirements are met.
    EASA AD 2022-0191 also requires modifying the MGB fan bearing 
assembly, which would constitute terminating action for the repetitive 
inspections.
    Lastly, EASA AD 2022-0191 only allows installing serviceable MGB 
fan rotor shaft bearings as defined in EASA AD 2022-0191 and installing 
an improved MGB fan bearing assembly as defined in EASA AD 2022-0191, 
provided certain requirements are met.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

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 
the EASA AD referenced above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all the requirements of AD 2021-09-14 
and would require accomplishing the actions specified in EASA AD 2022-
0191 described previously, as incorporated by reference, except for any 
differences identified as exceptions in the regulatory text of this AD 
and except as discussed under ``Differences Between this Proposed AD 
and EASA AD 2022-0191.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2022-0191 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0191 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section of

[[Page 99171]]

EASA AD 2022-0191 does not mean that operators need comply only with 
that section. For example, where the AD requirement refers to ``all 
required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in EASA AD 2022-0191. Material referenced in 
EASA AD 2022-0191 for compliance will be available at regulations.gov 
under Docket No. FAA-2024-2552 after the FAA final rule is published.

Differences Between This Proposed AD and EASA AD 2022-0191

    The inspection material referenced in EASA AD 2022-0191 specifies 
returning certain parts to the manufacturer, whereas this proposed AD 
would require removing those parts from service instead. The inspection 
material referenced in EASA AD 2022-0191 specifies completing a 
response form, whereas this proposed AD would not require that action.
    The modification material referenced in EASA AD 2022-0191 specifies 
sending the fan-bearing assembly to an approved D-level maintenance 
center for modification, whereas this proposed AD would require 
installing modification 0776102, and as applicable, modification 
0725373.

Costs of Compliance

    The FAA estimates that this AD would affect 6 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this proposed AD.
    Inspecting for a gap between the MGB fan rotor blade and the upper 
section of the guide vane bearing housing would take 2 work-hours for 
an estimated cost of $170 per helicopter and $1,020 for the U.S. fleet, 
per inspection cycle.
    Replacing the MGB fan rotor shaft bearings would take 6 work-hours 
and parts would cost $1,938 for an estimated cost of $2,448 per 
helicopter and $14,688 for the U.S. fleet.
    Removing the flexible duct, installing new flexible duct MOD 
0776104, removing the fan-bearing assembly, and installing the modified 
fan-bearing assembly would take 8 work-hours and parts would cost 
$10,000 for an estimated cost of $10,680 per helicopter and $64,080 for 
the U.S. fleet.

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 that the 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:
0
a. Removing Airworthiness Directive 2021-09-14, Amendment 39-21528 (86 
FR 26829, May 18, 2021); and
0
b. Adding the following new airworthiness directive:

Airbus Helicopters: Docket No. FAA-2024-2552; Project Identifier 
MCAI-2022-01243-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 24, 2025.

(b) Affected ADs

    This AD replaces AD 2021-09-14, Amendment 39-21528 (86 FR 26829, 
May 18, 2021) (AD 2021-09-14).

(c) Applicability

    This AD applies to Airbus Helicopters Model SA330J helicopters, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6322, Main Gearbox 
Oil Cooler.

(e) Unsafe Condition

    This AD was prompted by the development of a modification for an 
improved MGB fan rotor bearing assembly. The FAA is issuing this AD 
to prevent rotor burst of the MGB fan, damage to the hydraulic lines 
and flight controls, and subsequent loss of control of the 
helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0191, dated September 15, 2022 (EASA AD 2022-0191).

(h) Exceptions to EASA AD 2022-0191

    (1) Where EASA AD 2022-0191 refers to August 11, 2020 (the 
effective date of EASA AD 2020-0171, dated July 28, 2020) and to its 
effective date, this AD requires using the effective date of this 
AD.
    (2) Where EASA AD 2022-0191 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (3) Where ``the inspection ASB'' material referenced in EASA AD 
2022-0191 specifies to return certain parts to Airbus Helicopters, 
this AD requires removing those parts from service.
    (4) Where ``the inspection ASB'' material referenced in EASA AD 
2022-0191 specifies completing the response form in Appendix 4, this 
AD does not require that action.
    (5) Where the ``the modification ASB'' material referenced in 
EASA AD 2022-0191 specifies sending the fan-bearing assembly to an 
approved D-level maintenance center to integrate modification 
0776102 and where applicable, modification 0725373, this AD requires 
installing modification 0776102, and as applicable, modification 
0725373.
    (6) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0191.

(i) No Reporting Requirement

    Although the material referenced in EASA AD 2022-0191 specifies 
to submit certain

[[Page 99172]]

information to the manufacturer, this AD does not require that 
action.

(j) Special Flight Permits

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
actions of this AD can be performed, provided there are no 
passengers onboard.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (l) of 
this AD. Information may be emailed to: [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.

(l) Additional Information

    For more information about this AD, contact Hal Jensen, Aviation 
Safety Engineer, FAA; 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone: (303) 342-1080; email: [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0191, 
dated September 15, 2022.
    (ii) [Reserved]
    (3) For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; website: easa.europa.eu. You may 
find the EASA material on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on December 3, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.

[FR Doc. 2024-28831 Filed 12-9-24; 8:45 am]
BILLING CODE 4910-13-P
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