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[Federal Register Volume 90, Number 20 (Friday, January 31, 2025)]
[Rules and Regulations]
[Pages 8656-8658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02027]

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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; 
Amendment 39-22950; AD 2025-03-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) 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 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 AD requires checking the operation of the shear-
button safety-cap on each applicable collective pitch handle and 
prohibits 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 issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective March 7, 2025.

ADDRESSES: 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 final rule, the mandatory 
continuing airworthiness information (MCAI), any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404) 
474-5548; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply 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, with a collective pitch 
handle installed on a pilot or co-pilot collective stick having part 
number 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 the model helicopter. The NPRM published in 
the Federal Register on October 16, 2024 (89 FR 83437). The NPRM was 
prompted by European Union Aviation Safety Agency (EASA) AD 2022-0220, 
dated November 16, 2022 (EASA AD 2022-0220) (also referred to as the 
MCAI), issued by EASA, which is the Technical Agent for the Member 
States of the European Union. The MCAI advises of a report of an 
inadvertent activation of the shear-button on a collective pitch handle 
occurring 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, the MCAI states that 
further investigation determined aging of the spring may have led to 
improper functioning of the safety-cap.
    In the NPRM, the FAA proposed to 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 this 
check and must enter compliance with the applicable paragraphs of this 
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.
    In the NPRM, the FAA also proposed to 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

[[Page 8657]]

done, or it is a new collective pitch handle.
    The FAA is issuing this AD to detect and address fatigue of the 
spring in the shear-button safety-cap on the left and right collective 
pitch handles, which, if not addressed, could result in an unintended 
shearing of the hoist cable and subsequent injury to the hoisted 
person.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-2332.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from three anonymous commenters. Two of 
the anonymous commenters did not request any changes to the NPRM or to 
the determination of costs. One of the anonymous commenters proposed an 
alternative to the placard option. The following presents the comments 
received on the NPRM and the FAA's response to the comment.

Request To Change an Alternate Action

    One commenter requested that the FAA require a latching mechanism 
for the shear-button cap instead of the alternate action of installing 
a placard that states that night hoist operations are prohibited 
because, according to the commenter, a latching mechanism provides 
better protection from inadvertent activation of the shear-button. The 
commenter stated that the deferment of replacing the spring by 
installing a placard is inadequate because a pilot could 
unintentionally press the shear-button when turning on the headlights, 
whereas a latch-secured cap cannot move until the latch is unfastened.
    The FAA disagrees. The NPRM was prompted by a single a report of an 
unintentional activation of the shear-button due to a malfunctioning 
spring of the safety cap. Although a latching mechanism may provide an 
additional layer of prevention to inadvertent switch actuation, the 
number of reported incidents does not justify a design change as a 
corrective measure. Additionally, ensuring the spring closure is fully 
functional and installing a placard to restrict the use of the hoist at 
night is adequate to mitigate the risk of an inadvertent actuation of 
the shear-button and will have minimal impact on operators.

Additional Changes Made to This AD

    Since the NPRM published, the FAA determined that the Parts 
Installation Limitations paragraph (paragraph (h) of the proposed AD) 
inadvertently omitted the alternative actions to defer replacing the 
spring. Accordingly, the FAA has revised the Parts Installation 
Limitations paragraph of this AD to allow the alternative actions to 
defer replacing the spring.

Conclusion

    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 MCAI referenced above. The FAA reviewed the relevant data, 
considered the comments received, and determined that air safety 
requires adopting this AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these products. Except for 
minor editorial changes and any other changes described previously, 
this AD is adopted as proposed in the NPRM. None of the changes will 
increase the economic burden on any operator.

Differences Between This AD and the MCAI

    EASA AD 2022-0220 specifies a one-time inspection of the spring, 
whereas this AD requires 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 AD does 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 affects 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 AD.
    Checking each safety-cap will 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 will take 1 work-hour and parts 
will cost $25 for an estimated cost of $110 per replacement.
    Fabricating and installing a placard will take 0.5 work-hour and 
parts will 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 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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

[[Page 8658]]

2025-03-02 Airbus Helicopters: Amendment 39-22950; Docket No. FAA-
2024-2332; Project Identifier MCAI-2022-01479-R.

(a) Effective Date

    This airworthiness directive (AD) is effective March 7, 2025.

(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, installed, as applicable 
to the 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 (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 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 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 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 this AD installed, unless the check and as applicable, 
corrective action, required by paragraphs (g)(1) through (3) 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: [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.

(j) Additional 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: 
[email protected].

(k) Material Incorporated by Reference

    None.

    Issued on January 27, 2025.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2025-02027 Filed 1-30-25; 8:45 am]
BILLING CODE 4910-13-P
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