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[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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