[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:
    <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-2024-2332; 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: <a href="/cdn-cgi/l/email-protection#e3948a8f8f8a828ecd8e8080968f8f9aa3858282cd848c95"><span class="__cf_email__" data-cfemail="9cebf5f0f0f5fdf1b2f1ffffe9f0f0e5dcfafdfdb2fbf3ea">[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-2024-2332; 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: 
<a href="/cdn-cgi/l/email-protection#8bfce2e7e7e2eae6a5e6e8e8fee7e7f2cbedeaeaa5ece4fd"><span class="__cf_email__" data-cfemail="85f2ece9e9ece4e8abe8e6e6f0e9e9fcc5e3e4e4abe2eaf3">[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

    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: <a href="/cdn-cgi/l/email-protection#0a4b4745494a6c6b6b246d657c"><span class="__cf_email__" data-cfemail="33727e7c70735552521d545c45">[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.

(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: 
<a href="/cdn-cgi/l/email-protection#e2958b8e8e8b838fcc8f8181978e8e9ba2848383cc858d94"><span class="__cf_email__" data-cfemail="0f78666363666e6221626c6c7a6363764f696e6e21686079">[email protected]</span></a>.

(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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