DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0808; Project Identifier MCAI-2022-00100-R;
Amendment 39-22232; AD 2022-23-05]
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)
for
certain Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, and
AS332L2 helicopters. This AD was prompted by reports of a crack in the
front upper hoist attachment fitting. This AD requires inspecting each
affected hoist attachment fitting (fitting) and depending on the
results, removing any cracked fitting from service and reporting
information. This AD also prohibits installing an affected fitting
unless the required actions are accomplished, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 3, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 3,
2023
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0808; 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 EASA AD, 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.
Material Incorporated by Reference:
For service information identified in this final rule,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email ADs@easa.europa.eu; internet easa.europa.eu.
You may find the EASA material on the EASA website at
ad.easa.europa.eu.
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. It is also available at
regulations.gov under Docket No. FAA-2022-0808.
Other Related Service Information: For Airbus Helicopters service
information identified in this final rule, contact Airbus Helicopters,
2701 North Forum Drive, Grand Prairie, TX 75052, United States; phone:
(972) 641-0000 or (800) 232-0323; fax (972) 641-3775; email:
customersupport.helicopters@airbus.com; website: airbus.com/helicopters/
services/technical-support.html. This service information
is also available at the contact information under Material
Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT: Kristin Bradley, COS Program Manager,
COS Program Management Section, Operational Safety Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone: (817) 222-5110; email:
kristin.bradley@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2022-0016-E, dated January
26, 2022 (EASA AD 2022-0016-E), to correct an unsafe condition for
Airbus Helicopters (AH), formerly Eurocopter, Eurocopter France,
Aerospatiale, Model AS 332 C, AS 332 C1, AS 332 L, AS 332 L1, and AS
332 L2 helicopters, equipped with front upper fitting manufacturer part
number (MP/N) 332A87-1116-21, rear upper fitting MP/N 332A87-1117-20,
or lower fitting MP/N 332A87-1176-20.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus
Helicopters Model AS332C, AS332C1, AS332L, AS332L1, and AS332L2
helicopters, with a front upper fitting MP/N 332A87-1116-21, rear upper
fitting MP/N 332A87-1117-20, or lower fitting MP/N 332A87-1176-20,
installed. The NPRM published in the Federal Register on July 6, 2022
(87 FR 40164). The NPRM was prompted by an occurrence of a front upper
fitting crack reported on a helicopter equipped with a double hoist
design, installed per a supplemental type certificate (STC). The STC
has not been validated by the FAA; however, other hoists may have
design similarities with the affected fitting installed. In the NPRM,
the FAA proposed to require inspecting each affected fitting and
depending on the results, removing any cracked fitting from service.
The NPRM also proposed to require reporting results of the inspection
to the manufacturer, as specified in EASA AD 2022-0016-E.
The FAA is issuing this AD to address cracking of the front upper
fitting, which could affect the structural integrity of a fitting,
possibly leading to an in-flight detachment of the hoist support, and
consequent damage to the helicopter or injury to a person being lifted.
See EASA AD 2022-0016-E for additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Airbus Helicopters. The following
presents the comment received on the NPRM and the FAA's response to the
comment.
Request To Require Returning Parts
Airbus Helicopter requested the FAA change the AD to require
returning a cracked fitting to Airbus Helicopters for further
engineering investigation as required by EASA AD 2022-0016-E.
The FAA disagrees with this request because the FAA does not have
the authority to direct operators to return defective components to the
manufacturer. However, operators may choose to return a cracked fitting
to Airbus Helicopters as this AD does not prohibit an operator from
returning a part to a manufacturer. Additionally, this AD requires
reporting inspection results to Airbus Helicopters within a specific
compliance time. Airbus Helicopters will have direct knowledge of any
non-compliances and can work with operators to return the parts at
their discretion.
Conclusion
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 of the
unsafe condition described in its AD. The FAA reviewed the relevant
data, considered the comment 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 helicopters. Except
for minor editorial changes, this AD is adopted as proposed in the
NPRM.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0016-E requires a one-time inspection of the front
upper fitting MP/N 332A87-1116-21, rear upper fitting MP/N 332A87-1117-
20, and lower fitting MP/N 332A87-1176-20 for a crack. If there is a
crack, EASA AD 2022-0016-E requires replacing the affected fitting.
EASA AD 2022-0016-E also prohibits installing an affected fitting on
any helicopter unless it passes the required inspection.
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 ADDRESSES.
Other Related Service Information
The FAA reviewed Airbus Helicopters Emergency Alert Service
Bulletin 25.03.95, Revision 0, dated January 25, 2022. This service
information specifies procedures for inspecting and replacing an
affected fitting. This service information also specifies reporting
certain information to Airbus Helicopters, and for a cracked fitting,
returning the fitting to Airbus Helicopters.
Differences Between This AD and the EASA AD
EASA AD 2022-0016-E requires a compliance time of before next hoist
operation or within 30 days, whichever occurs first after its effective
date, whereas this AD requires a compliance time of within 30 hours
time-in-service or within 30 days, whichever occurs first after the
effective date of this AD. Where the service information referenced in
EASA AD 2022-0016-E specifies to perform a dye penetrant inspection
``if you are not sure,'' this AD would not require that action. Where
EASA AD 2022-0016-E requires returning a fitting that is required to be
removed as a result of the inspection, this AD does not.
Interim Action
The FAA considers this AD an interim action. If final action is
later identified, the FAA might consider further rulemaking then.
Costs of Compliance
The FAA estimates that this AD, affects 7 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.
Inspecting all hoist attachment fittings takes about 0.5 work-hour
for an estimated cost of $42.50 per helicopter and $298 for the U.S.
fleet.
Replacing the front upper fitting takes about 4 hours and parts
cost $834 for an estimated cost of $1,174 per front upper fitting.
Replacing the rear upper fitting takes about 4 hours and parts cost
$1,040 for an estimated cost of $1,380 per rear upper fitting.
Replacing the lower fitting takes about 4 hours and parts cost
$1,874 for an estimated cost of $2,214 per lower fitting.
The FAA estimates that it takes about 1 hour per product to comply
with the reporting requirement in this AD. The average labor rate is
$85 per hour. Based on these figures, the FAA estimates the cost of
reporting the inspection results on U.S. operators to be $595 or $85
per product.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act unless that collection of information displays
a currently valid OMB Control Number. The OMB Control Number for this
information collection is 2120-0056. Public reporting for this
collection of information is estimated to take approximately 1 hour per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. All responses
to this collection of information are mandatory. Send comments
regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to:
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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