[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Proposed Rules]
[Pages 79483-79485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22169]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2147; Project Identifier MCAI-2022-01515-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 all Airbus Helicopters Model EC 155B, EC155B1, SA-365N, SA-365N1, 
AS-365N2, and AS 365 N3 helicopters. This proposed AD was prompted by 
an engine compartment fire where the upper stiffener of the central 
firewall in the engine compartment was found damaged. This proposed AD 
would require replacing the aluminum central firewall stiffener with a 
titanium central firewall stiffener and prohibit installing an aluminum 
central firewall stiffener. 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 November 14, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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-2024-2147; 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:
    <bullet> For EASA material identified in this proposed AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 
8999 000; email: <a href="/cdn-cgi/l/email-protection#87c6c3f4c7e2e6f4e6a9e2f2f5e8f7e6a9e2f2"><span class="__cf_email__" data-cfemail="a8e9ecdbe8cdc9dbc986cddddac7d8c986cddd">[email protected]</span></a>; website: easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu.
    <bullet> You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, 
Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call (817) 222-5110. The EASA material is also 
available at regulations.gov under Docket No. FAA-2024-2147.
    Other Related Material: For Airbus Helicopters material identified 
in this proposed 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: Hye Yoon Jang, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (206) 231-3758; email: <a href="/cdn-cgi/l/email-protection#b9f1c0dc97e0d6d6d797f3d8d7def9dfd8d897ded6cf"><span class="__cf_email__" data-cfemail="266e5f43087f494948086c4748416640474708414950">[email protected]</span></a>.

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-2024-2147; Project Identifier 
MCAI-2022-01515-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Hye 
Yoon Jang, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; phone: (206) 231-3758; email: 
<a href="/cdn-cgi/l/email-protection#440c3d216a1d2b2b2a6a0e252a23042225256a232b32"><span class="__cf_email__" data-cfemail="3a72435f146355555414705b545d7a5c5b5b145d554c">[email protected]</span></a>. Any commentary that the FAA receives which 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 European Union Aviation Safety Agency AD 
2022-0231, dated November 28, 2022 (EASA AD 2022-0231), to correct an 
unsafe condition on Airbus Helicopters Model EC 155B, EC155B1, SA-365N, 
SA-365N1, AS-365N2, and AS 365 N3 helicopters.
    This proposed AD was prompted by an engine fire where the upper 
stiffener of the central firewall, made of aluminum, in the engine 
compartment was found damaged. The FAA is proposing this AD to address 
failure of

[[Page 79484]]

a central firewall stiffener made of aluminum, possibly due to its 
inability to withstand high temperatures of an engine fire and 
subsequently not seal the engine compartment properly. In the event of 
an engine fire, the unsafe condition, if not addressed, could result in 
fire propagating from one engine compartment to the other and 
subsequent loss of control of the helicopter. See EASA AD 2022-0231 for 
additional background information.
    You may examine EASA AD 2022-0231 in the AD docket at 
regulations.gov under Docket No. FAA-2024-2147.

Related Material Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0231 which requires replacing 
aluminum central firewall stiffeners with titanium central firewall 
stiffeners and prohibits installing an aluminum central firewall 
stiffener on any helicopter.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Other Related Material

    The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB) 
No. AS365-71.00.28 and ASB No. EC155-71A015, each Revision 0 and dated 
October 25, 2022. This material specifies procedures for replacing the 
aluminum stiffener on the center firewall with a titanium stiffener.

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 these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0231, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed 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 2022-0231 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0231 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 2022-0231 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-
0231. Material referenced in EASA AD 2022-0231 for compliance will be 
available at regulations.gov under Docket No. FAA-2024-2147 after the 
FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 35 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.
    Replacing the aluminum central firewall stiffener with a titanium 
central firewall stiffener would take 7 work-hours and parts would cost 
$1,737 to $2,801 depending on part number for an estimated cost of 
$2,332 to $3,396 per helicopter and up to $81,620 to $118,860 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 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-2024-2147; Project Identifier 
MCAI-2022-01515-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 14, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model EC 155B, EC155B1, 
SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters, certificated 
in any category.

[[Page 79485]]

(d) Subject

    Joint Aircraft System Component (JASC) Code 5412, Nacelle/Pylon, 
Bulkhead/Firewall.

(e) Unsafe Condition

    This AD was prompted by an engine compartment fire where the 
upper stiffener of the central firewall, made of aluminum, in the 
engine compartment was found damaged. The FAA is issuing this AD to 
address failure of a central firewall stiffener made of aluminum, 
possibly due to its inability to withstand high temperatures of an 
engine fire and subsequently not seal the engine compartment 
properly. In the event of an engine fire, the unsafe condition, if 
not addressed, could result in fire propagating from one engine 
compartment to the other 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 
2022-0231, dated November 28, 2022 (EASA AD 2022-0231).

(h) Exceptions to EASA AD 2022-0231

    (1) Where EASA AD 2022-0231 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0231 refers to flight hours, this AD 
requires using hours time-in-service.
    (3) Where the material referenced in EASA AD 2022-0231 specifies 
discarding certain parts, this AD requires removing those parts from 
service.
    (4) Where the material referenced in EASA AD 2022-0231 states 
``If the bracket (f) is in unsatisfactory condition (DETAIL D);'' 
for this AD, replace that text with ``Inspect the bracket (f) 
(DETAIL D) for airworthy condition; for the purpose of this AD, an 
unairworthy condition may be indicated by corrosion, a crack, or 
wear. If the bracket (f) is in an unairworthy condition.''
    (5) Where the material referenced in EASA AD 2022-0231 states to 
``Do a check of the cover strip (g) and the fireproof seal (h) to 
replace if necessary (SECTION B-B);'' for this AD, replace that text 
with ``Inspect the cover strip (g) and the fireproof seal (h) for 
airworthy condition. If the cover strip (g) or the fireproof seal 
(h) is in an unairworthy condition, remove each unairworthy part 
from service and replace it with a new (zero total hours time-in-
service) part (SECTION B-B).''
    (6) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0231.

(i) No Reporting Requirement

    Although the material referenced in EASA AD 2022-0231 specifies 
to submit certain information to the manufacturer, this AD does not 
require that action.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (k) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#40010d0f03002621216e272f36"><span class="__cf_email__" data-cfemail="72333f3d31321413135c151d04">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local Flight Standards District Office/certificate holding 
district office.

(k) Related Information

    For more information about this AD, contact Hye Yoon Jang, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (206) 231-3758; email: 
<a href="/cdn-cgi/l/email-protection#93dbeaf6bdcafcfcfdbdd9f2fdf4d3f5f2f2bdf4fce5"><span class="__cf_email__" data-cfemail="97dfeef2b9cef8f8f9b9ddf6f9f0d7f1f6f6b9f0f8e1">[email protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0231, 
dated November 28, 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: <a href="/cdn-cgi/l/email-protection#80c1c4f3c0e5e1f3e1aee5f5f2eff0e1aee5f5"><span class="__cf_email__" data-cfemail="f9b8bd8ab99c988a98d79c8c8b968998d79c8c">[email protected]</span></a>; 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 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 <a href="/cdn-cgi/l/email-protection#d2b4a0fcbbbca1a2b7b1a6bbbdbc92bcb3a0b3fcb5bda4"><span class="__cf_email__" data-cfemail="e08692ce898e9390858394898f8ea08e819281ce878f96">[email protected]</span></a>.

    Issued on September 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-22169 Filed 9-27-24; 8:45 am]
BILLING CODE 4910-13-P


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