[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Proposed Rules]
[Pages 74330-74332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26324]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 87, No. 232 / Monday, December 5, 2022 / 
Proposed Rules  

[[Page 74330]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1490; Project Identifier MCAI-2022-01177-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 AS355E, AS355F, AS355F1, AS355F2, and 
AS355N helicopters. This proposed AD was prompted by a report of a 
partially broken tail rotor drive fan support (fan support) and a 
completely broken fan support. This proposed AD would require 
repetitively inspecting certain part-numbered fan supports (affected 
parts), and depending on the results, removing an affected part from 
service and replacing it with a serviceable part, which constitutes 
terminating action for the repetitive inspections. This proposed AD 
would also require replacing affected parts with serviceable parts 
unless already accomplished and prohibit installing an affected part on 
any helicopter, 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 proposed AD by January 19, 
2023.

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-2022-1490; 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:
     For EASA material that is incorporated by reference (IBR) 
in this NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; phone: +49 221 8999 000; email: [email protected]; internet: 
easa.europa.eu. You may find this IBR material on the EASA website at 
ad.easa.europa.eu.
     You may view this 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. It is also available at 
regulations.gov under Docket No. FAA-2022-1490.
    Other Related Service Information: For Airbus Helicopters service 
information identified in this NPRM, contact Airbus Helicopters, 2701 
North Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or 
(800) 232-0323; fax (972) 641-3775; or at airbus.com/helicopters/services/technical-support.html. This service information is also 
available at the FAA contact information under Material Incorporated by 
Reference above.

FOR FURTHER INFORMATION CONTACT: Jared Hyman, Aerospace Engineer, 
Boston ACO Branch, Compliance & Airworthiness Division, FAA, 1200 
District Avenue, Burlington, Massachusetts 01803; telephone (781) 238-
7799; 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 ADDRESSES. Include ``Docket No. FAA-2022-1490; Project Identifier 
MCAI-2022-01177-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 Jared 
Hyman, Aerospace Engineer, Boston ACO Branch, Compliance & 
Airworthiness Division, FAA, 1200 District Avenue, Burlington, 
Massachusetts 01803; telephone (781) 238-7799; email [email protected]. Any commentary that the FAA receives that is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

[[Page 74331]]

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued a series of EASA ADs with the most recent 
being EASA AD 2022-0180, dated August 29, 2022 (EASA AD 2022-0180), to 
correct an unsafe condition for Airbus Helicopters, formerly 
Eurocopter, Eurocopter France, Aerospatiale, Model AS 355 E, AS 355 F, 
AS 355 F1, AS 355 F2, and AS 355 N helicopters, all serial numbers.
    This proposed AD was prompted by a report of a partially broken 
right-hand side (RH) fan support and a completely broken left-hand side 
(LH) fan support found during scheduled maintenance on a Model AS355 
helicopter. The FAA is proposing this AD to detect a cracked or broken 
fan support leg. The unsafe condition, if not addressed, could result 
in loss of main gearbox and engine oil cooling function, loss of tail 
rotor drive, and subsequent loss of control of the helicopter. See EASA 
AD 2022-0180 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0180 requires repetitively inspecting certain part-
numbered RH and LH fan supports for a crack and broken leg and, if 
there is any crack or broken leg, replacing the affected fan support 
with a serviceable fan support. If the replacement is not required as a 
result of the inspection, EASA AD 2022-0180 requires the replacement at 
a longer compliance time. EASA AD 2022-0180 also states that the 
replacement constitutes terminating action for the repetitive 
inspections and prohibits installing an affected part 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 Service Information

    The FAA also reviewed Airbus Helicopters Alert Service Bulletin No. 
AS355-05.00.88, Revision 1, dated July 20, 2022. This service 
information specifies procedures for inspecting the RH and LH fan 
supports for a crack and failure (broken leg), replacing an affected 
part with a serviceable part, and performing a balancing of the tail 
rotor drive shaft.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA about the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other helicopters of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the EASA AD, 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 2022-0180 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0180 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 2022-0180 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-
0180. Service information referenced in EASA AD 2022-0180 for 
compliance will be available at regulations.gov by searching for and 
locating Docket No. FAA-2022-1490 after the FAA final rule is 
published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2022-0180 requires replacing each affected part with a 
serviceable part if any crack or broken leg is found during any 
required inspection or if the replacement was not previously performed 
as a result of an inspection, whereas this proposed AD would require 
removing each affected part from service and replacing with a 
serviceable part if any crack or broken leg is found during any 
required inspection or if the replacement was not previously performed 
as a result of an inspection.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 31 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.
    Visually inspecting a fan support for a crack and broken leg would 
take about 1 work-hour for an estimated cost of $170 per helicopter (2 
fan supports per helicopter) per inspection cycle and up to $5,270 for 
the U.S. fleet per inspection cycle.
    Replacing a fan support would take about 8 work-hours and parts 
would cost about $600 for an estimated cost of $1,280 per replacement 
and up to $39,680 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

[[Page 74332]]

    (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-2022-1490; Project Identifier 
MCAI-2022-01177-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 19, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS355E, AS355F, 
AS355F1, AS355F2, and AS355N helicopters, all serial numbers, 
certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6500, Tail Rotor 
Drive System.

(e) Unsafe Condition

    This AD was prompted by a report of a partially broken right-
hand side tail rotor drive fan support (fan support) and a 
completely broken left-hand side fan support. The FAA is issuing 
this AD to detect a cracked or broken fan support leg. The unsafe 
condition, if not addressed, could result in loss of main gearbox 
and engine oil cooling function, loss of tail rotor drive, 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 AD 2022-0180, 
dated August 29, 2022 (EASA AD 2022-0180).

(h) Exceptions to EASA AD 2022-0180

    (1) Where EASA AD 2022-0180 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2022-0180 refers to the effective dates 
specified in paragraphs (h)(2)(i) and (ii) of this AD, this AD 
requires using the effective date of this AD.
    (i) May 3, 2022 (the effective date of EASA AD 2022-0069, dated 
April 19, 2022).
    (ii) The effective date of EASA AD 2022-0180.
    (3) Where paragraphs (2) and (3) of EASA AD 2022-0180 specify 
``replacing each affected part with a serviceable part,'' for this 
AD, replace that text with ``removing each affected part from 
service and replacing it with a serviceable part.''
    (4) Where the service information referenced in EASA AD 2022-
0180 specifies to use tooling, this AD allows the use of equivalent 
tooling.
    (5) Where the service information referenced in EASA AD 2022-
0180 specifies to discard parts, this AD requires removing those 
parts from service.
    (6) The ``Remarks'' section of EASA AD 2022-0180 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0180 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits are prohibited.

(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 (m) 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 Jared Hyman, 
Aerospace Engineer, Boston ACO Branch, Compliance & Airworthiness 
Division, FAA, 1200 District Avenue, Burlington, Massachusetts 
01803; telephone (781) 238-7799; email [email protected].

(m) Materials Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0180, 
dated August 29, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0180, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]; internet: easa.europa.eu. You may find this 
material on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information 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 service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26324 Filed 12-2-22; 8:45 am]
BILLING CODE 4910-13-P


