[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Proposed Rules]
[Pages 84836-84838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24504]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2411; Project Identifier MCAI-2023-00874-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 SA330J helicopters. This proposed AD 
was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. This proposed AD would require 
revising the existing maintenance records by incorporating new or more 
restrictive airworthiness limitations, 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 NPRM by December 9, 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-2024-2411; 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#febfba8dbe9b9f8d9fd09b8b8c918e9fd09b8b"><span class="__cf_email__" data-cfemail="d9989daa99bcb8aab8f7bcacabb6a9b8f7bcac">[email protected]</span></a>; website: easa.europa.eu. You may 
find the EASA 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 Parkway, 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-2024-2411.
    Other Related Material: For Airbus 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; website: airbus.com/en/products-services/helicopters/hcare-services/airbusworld.

FOR FURTHER INFORMATION CONTACT: Adam Hein, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (316) 
946-4116; email: <a href="/cdn-cgi/l/email-protection#1d5c797c7033557874735d7b7c7c337a726b"><span class="__cf_email__" data-cfemail="aeefcacfc380e6cbc7c0eec8cfcf80c9c1d8">[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-2024-2411; Project Identifier 
MCAI-2023-00874-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 Adam 
Hein, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (316) 946-4116; email: <a href="/cdn-cgi/l/email-protection#c283a6a3afec8aa7abac82a4a3a3eca5adb4"><span class="__cf_email__" data-cfemail="ecad888d81c2a4898582ac8a8d8dc28b839a">[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 EASA AD 2023-0146, dated July 14, 2023 (EASA 
AD 2023-0146), to correct an unsafe condition on Airbus Helicopters 
Model SA 330 J helicopters. EASA advises that airworthiness limitations 
and certification maintenance instructions are identified as mandatory 
for continued airworthiness and that Revision 7 of SA 330 J Maintenance 
Program--PUMA 330 J Airworthiness Limitations 5.99, Edition 2, date 
code 06-22, has been issued to specify all service life limits and 
maintenance tasks for SA 330 J helicopters and separate the 
airworthiness limitations from the Master Servicing Recommendations 
Manual (P.R.E.). According to EASA, failure to accomplish these 
instructions could result in an unsafe condition. You may examine EASA 
AD 2023-0146 in the AD docket at regulations.gov under Docket No. FAA-
2024-2411.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0146, which requires replacing 
components before exceeding their life limits and accomplishing 
maintenance tasks within thresholds and intervals specified in the ALS 
as defined within. Depending on the results of the maintenance tasks, 
EASA AD 2023-0146 requires accomplishing corrective action(s) or 
contacting AH [Airbus Helicopters] for approved instructions and 
accomplishing those instructions.

[[Page 84837]]

EASA AD 2023-0146 also requires revising the Aircraft Maintenance 
Programme (AMP) by incorporating the limitations, tasks, and associated 
thresholds and intervals described in the specified ALS, as applicable. 
Revising the AMP constitutes terminating action for the requirement to 
record accomplishment of the actions of replacing components before 
exceeding their life limits and accomplishing maintenance tasks within 
thresholds and intervals specified in the applicable ALS as required by 
EASA AD 2023-0146 for demonstration of AD compliance on a continued 
basis.
    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 also reviewed Airbus Puma 330 J Maintenance Program--
Airworthiness Limitations 5.99, Edition 2, Revision 7, date code 6-22, 
approved May 25, 2021. This material specifies airworthiness 
limitations, tasks, and associated thresholds and intervals for various 
parts. Revision 7 of this material incorporates a modification of the 
task following an improvement of the Kevlar protection on the fan 
bearing and the protective grid.

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 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 require revising the existing maintenance 
records by incorporating new or more restrictive actions and associated 
thresholds and intervals, including any life limits, specified in EASA 
AD 2023-0146, 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 2023-0146 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0146 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 2023-0146 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-
0146. Material referenced in EASA AD 2023-0146 for compliance will be 
available at regulations.gov under Docket No. FAA-2024-2411 after the 
FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2023-0146 requires, as individual tasks, replacing certain 
components before exceeding applicable life limits, accomplishing 
certain maintenance tasks within thresholds and intervals as specified 
in the ALS, as defined within, and depending on the results, 
accomplishing corrective action, whereas this proposed AD would not. 
EASA AD 2023-0146 also requires revising the approved AMP by 
incorporating the limitations, tasks, and associated thresholds and 
intervals described in that ALS within 12 months, whereas this proposed 
AD would require revising the existing maintenance records by 
incorporating the limitations, tasks, and associated thresholds and 
intervals described in that ALS within 30 days, and clarifies that if 
the initial instance of an incorporated limitation or threshold therein 
is reached before 30 days after the effective date of the final rule of 
this proposed AD, you still have up to 30 days after the effective date 
of the final rule of this proposed AD to accomplish the corresponding 
task.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 6 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.
    Revising the existing maintenance records would take approximately 
1 work-hour, for an estimated cost of $85 per helicopter and $510 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.

[[Page 84838]]

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-2024-2411; Project Identifier 
MCAI-2023-00874-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 9, 2024.

(b) Affected ADs

    None.

(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 new and more restrictive airworthiness 
limitations. The FAA is issuing this AD to prevent failure of 
certain parts, which if not addressed, could result in subsequent 
loss of control of the helicopter.

(f) Compliance

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

(g) Required Actions

    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 AD 2023-0146, 
dated July 14, 2023 (EASA AD 2023-0146).

(h) Exceptions to EASA AD 2023-0146

    (1) Where EASA AD 2023-0146 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the requirements specified in 
paragraphs (1), (2), (4), and (5) of EASA AD 2023-0146.
    (3) Where paragraph (3) of EASA AD 2023-0146 specifies ``Within 
12 months after the effective date of this AD, revise the approved 
AMP;'' for this AD, replace that text with ``Within 30 days after 
the effective date of this AD, revise maintenance records required 
by 14 CFR 91.417(a)(2) or 135.439(a)(2), as applicable for the 
helicopter.''
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2023-0146 is on or before the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2023-0146 or within 30 days 
after the effective date of this AD, whichever occurs later.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0146.

(i) Provisions for Alternative Actions and Intervals

    No alternative actions and associated thresholds and intervals, 
including life limits, are allowed for compliance with paragraph (g) 
of this AD unless they are approved as specified in the provisions 
of the ``Ref. Publications'' section of EASA AD 2023-0146.

(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 Sec.  39.19. In accordance with Sec.  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. If sending information directly to the manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (k) of this AD or email to: <a href="/cdn-cgi/l/email-protection#11505c5e52517770703f767e67"><span class="__cf_email__" data-cfemail="7a3b3735393a1c1b1b541d150c">[email protected]</span></a>. If mailing 
information, also submit information by email.
    (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) Additional Information

    For more information about this AD, contact Adam Hein, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone: (316) 946-4116; email: <a href="/cdn-cgi/l/email-protection#c081a4a1adee88a5a9ae80a6a1a1eea7afb6"><span class="__cf_email__" data-cfemail="e8a98c8985c6a08d8186a88e8989c68f879e">[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 2023-0146, 
dated July 14, 2023.
    (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#cc8d88bf8ca9adbfade2a9b9bea3bcade2a9b9"><span class="__cf_email__" data-cfemail="1150556251747062703f7464637e61703f7464">[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#583e2a7631362b283d3b2c3137361836392a39763f372e"><span class="__cf_email__" data-cfemail="5335217d3a3d20233630273a3c3d133d3221327d343c25">[email protected]</span></a>.

    Issued on October 17, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-24504 Filed 10-23-24; 8:45 am]
BILLING CODE 4910-13-P


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