Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2024-0042; Project Identifier MCAI-2023-00659-R]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of proposed rulemaking (NPRM).

# SUMMARY:

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Helicopters Model AS332C, AS332C1, AS3322L, AS332L1, AS332L2, and EC225LP helicopters. This proposed AD was prompted by a report of cracks on the fuel filter bowl (bowl) due to over-torquing. This proposed AD would require visually inspecting the bowls of the right hand (RH) and left hand (LH) fuel filters for any cracks and seepage. Depending on the inspection results, this proposed AD would require removing an affected fuel filter from service and replacing that part. This proposed AD would also allow a certain fuel filter to be installed on a helicopter if certain actions are accomplished, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.

# DATES:

The FAA must receive comments on this proposed AD by March 18, 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-2024-0042; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the EASA AD, any comments received, and other information. The street address for Docket Operations is listed above.                    

*Material Incorporated by Reference:*
      - For EASA material identified in this NPRM, contact EASA, Konrad-Adenauer Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu;                          internet                          easa.europa.eu.                          You may find the EASA material on the EASA website at                          ad.easa.europa.eu. 
      - You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N 321, Fort Worth, TX       ( print page 7303)                              76177. For information on the availability of this material at the FAA, call (817) 222-5110. The EASA material is also available at                          regulations.gov                          under Docket No. FAA-2024-0042.                    

*Other Related Service Information:*                         For Airbus Helicopters service information identified in this NPRM, contact Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at                         *airbus.com/en/products-services/helicopters/hcare-services/airbusworld.*                         You may also view this service information at the FAA contact information under                         *Material Incorporated by Reference*                         above.                    

# FOR FURTHER INFORMATION CONTACT:

                        Dan McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (781) 238-7244; email                         *william.mccully@faa.gov.*

# SUPPLEMENTARY INFORMATION:

## Comments Invited

                    The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under                     **ADDRESSES**                    . Include “Docket No. FAA-2024-0042; Project Identifier MCAI-2023-00659-R” at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments.                

                    Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to                     *regulations.gov,*                     including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM.                

## Confidential Business Information

                    CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Dan McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (781) 238-7244; email                     *william.mccully@faa.gov.*                     Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking.                

## Background

EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2023-0095, dated May 8, 2023 (EASA AD 2023-0095), to correct an unsafe condition on Airbus Helicopters AS 332 C, AS 332 C1, AS 332 L, AS 332 L1, AS 332 L2, and EC 225 LP helicopters, all serial numbers.

This proposed AD was prompted by a report of cracks on the bowl due to over-torquing. The FAA is proposing this AD to inspect for cracks and seepage on the bowl of the LH and RH fuel filter. The unsafe condition, if not addressed, could result in failure of the bowl, in-flight shutdown, and subsequent reduced control of the helicopter.

                    You may examine EASA AD 2023-0095 in the AD docket at                     *regulations.gov*                     under Docket No. FAA-2024-0042.                

## Related Service Information Under 1 CFR Part 51

EASA AD 2023-0095 requires a one-time inspection of the bowls of the LH and RH fuel filters for cracks and seepage. Depending on the inspection results, EASA AD 2023-0095 requires replacement of an affected part with a serviceable part, as defined in EASA AD 2023-0095. EASA AD 2023-0095 also allows certain fuel filters to be installed on a helicopter if certain actions are accomplished.

                    This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the                     **ADDRESSES**                     section.                

## Other Related Service Information

The FAA also reviewed Airbus Helicopters Alert Service Bulletin (ASB) No. AS332-28.00.88, and Airbus Helicopters ASB No. EC225-28A030, both Revision 0, and both dated April 25, 2023. This service information specifies procedures for a visual inspection the bowls on the RH and LH fuel filters for any cracks and seepage. Depending on the inspection results, this service information specifies procedures to remove and replace an affected fuel filter. This service information also specifies sending an affected fuel filter along with certain information to Airbus Helicopters, and performing an aspect check after replacement of the affected parts.

## FAA's Determination

These helicopters have been approved by EASA and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with the European Union, EASA, has notified the FAA of the unsafe condition described in its AD. The FAA is proposing this AD after evaluating all known relevant information and determining that the unsafe condition described previously is likely to exist or develop on other helicopters of the same type design.

## Proposed AD Requirements in This NPRM

This proposed AD would require accomplishing the actions specified in EASA AD 2023-0095, described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this proposed AD and except as discussed under “Differences Between this Proposed AD and the EASA AD.”

## Explanation of Required Compliance Information

                    In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate EASA AD 2023-0095 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2023-0095 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Using common terms that are the same as the heading of a particular section in EASA AD 2023-0095 does not mean that operators need comply only with that section. For example, where the AD requirement refers to “all required actions and compliance times,” compliance with this AD requirement is not limited to the section titled “Required Action(s) and Compliance Time(s)” in EASA AD 2023-0095. Service information referenced in EASA                           ( print page 7304)                        AD 2023-0095 for compliance will be available at                     *regulations.gov*                     under Docket No. FAA-2024-0042 after the FAA final rule is published.                

## Differences Between This Proposed AD and the EASA AD

EASA AD 2023-0095 requires replacing each affected fuel filter with a serviceable fuel filter if any discrepancy is detected, whereas this proposed AD would require removing each affected fuel filter from service and replacing it with a serviceable fuel filter, as described in EASA AD 2023-0095, if any crack or seepage is detected.

Service information referenced in EASA AD 2023-0095 specifies reporting certain information and sending affected parts to Airbus Helicopters, whereas this proposed AD would not require sending information or parts to Airbus Helicopters.

## Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would affect 40 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.

Inspecting each bowl for cracks (with 2 bowls per helicopter) and seepage would take approximately 1 work-hour for an estimated cost of $170 per helicopter and $6,800 for the U.S. fleet.

Replacing an affected fuel filter with a serviceable fuel filter would take approximately 1 work-hour and parts would cost approximately $6,290 for an estimated cost of $6,375 per fuel filter replacement.

## Authority for This Rulemaking

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

The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

## Regulatory Findings

The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify this proposed regulation:

(1) Is not a “significant regulatory action” under Executive Order 12866,

(2) Would not affect intrastate aviation in Alaska, and

(3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

# List of Subjects in 14 CFR Part 39

      - Air transportation
      - Aircraft
      - Aviation safety
      - Incorporation by reference
      - Safety

## The Proposed Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

# PART 39—AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows: 

Authority:49 U.S.C. 106(g), 40113, 44701.

§ 39.13 

2. The FAA amends § 39.13 by adding the following new airworthiness directive: 

**Airbus Helicopters:**                         Docket No. FAA-2024-0042; Project Identifier MCAI-2023-00659-R.                    

## (a) Comments Due Date

The FAA must receive comments on this airworthiness directive (AD) by March 18, 2024.

## (b) Affected ADs

None.

## (c) Applicability

This AD applies to all Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and EC225LP helicopters, certificated in any category,

## (d) Subject

Joint Aircraft Service Component (JASC) Code: 2821, Aircraft fuel filter/strainer.

## (e) Unsafe Condition

This AD was prompted by a report of cracks on the fuel filter bowl (bowl) due to over-torquing. The FAA is proposing this AD to inspect for cracks and seepage on the bowl of the left-hand (LH) and right-hand (RH) fuel filter. The unsafe condition, if not addressed, could result in failure of the bowl, in-flight shutdown, and subsequent reduced control of the helicopter.

## (f) Compliance

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

## (g) Requirements

Except as specified in paragraphs (h) and (i) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2023-0095, dated May 8, 2023 (EASA AD 2023-0095).

## (h) Exceptions to EASA AD 2023-0095

(1) Where EASA AD 2023-0095 requires compliance in terms of flight hours, this AD requires using hours time-in-service.

(2) Where EASA AD 2023-0095 refers to its effective date, this AD requires using the effective date of this AD.

(3) Where paragraph (1) of EASA AD 2023-0095 requires an inspection “in accordance with the instructions of the applicable ASB,” for this AD, replace that text with, “in accordance with paragraph 3.B.2.a. of the applicable ASB, except you are not required to comply with paragraph 3.B.2.b or 3.B.3.”

(4) Where paragraph (2) of EASA AD 2023-0095 states “replace the affected part with a serviceable part in accordance with the instructions of the applicable ASB,” this AD requires replacing those words with “remove the affected part from service and replace it with a serviceable part.”

(5) Where the service information referenced in EASA AD 2023-0095 specifies to “make sure that there is no crack and no seepage on the bowls (a) of the RH and LH fuel filters (b),” this AD requires replacing those words with “Inspect for any crack and seepage on the bowls (a) of the RH and LH fuel filters (b).”

(6) Where the service information referenced in EASA AD 2023-0095 specifies “If there is a crack and/or a seepage on the bowls (a) of the RH and LH fuel filters (b), comply with paragraph 3.B.2.b.,” this AD requires replacing that text with “If there is a crack or seepage on the bowls (a) of the RH or LH fuel filter (b), before further flight, remove the affected part from service and replace with a serviceable part, as defined in EASA AD 2023-0095.”

(7) This AD does not adopt the “Remarks” section of EASA AD 2023-0095.

## (i) No Reporting Requirement

Although the service information referenced in EASA AD 2023-0095 specifies to submit certain information and return parts to the manufacturer, this AD does not include those requirements.

## (j) Special Flight Permit

Special flight permits are prohibited.

## (k) Alternative Methods of Compliance (AMOCs)

                        (1) The Manager, International Validation Branch, FAA, has the authority to approve                               ( print page 7305)                            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:                         *9-AVS-AIR-730-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.

## (l) Related Information

                        For more information about this AD, contact Dan McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (781) 238-7244; email                         *william.mccully@faa.gov.*

## (m) Material Incorporated by Reference

(1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

(2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.

(i) European Union Aviation Safety Agency (EASA) AD 2023-0095, dated May 8, 2023.

(ii) [Reserved]

                        (3) For EASA AD 2023-0095, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email                         *ADs@easa.europa.eu;*                         internet                         *easa.europa.eu.*                         You may find the EASA material on the EASA website at                         *ad.easa.europa.eu.*

(4) You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110.

                        (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit                         *www.archives.gov/​federal-register/​cfr/​ibr-locations*                         or email                         *fr.inspection@nara.gov.*

Issued on January 26, 2024.

Michael Linegang,

Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service.

[FR Doc. 2024-01989 Filed 2-1-24; 8:45 am]

BILLING CODE 4910-13-P