DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1686; Project Identifier MCAI-2023-00595-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 AS332C, AS332C1, AS332L, AS332L1, and
SA330J helicopters. This proposed AD was prompted by the installation
of unapproved main gearbox (MGB) forward and rear suspension bar
attachment plates. This proposed AD would require inspecting or
measuring the MGB forward and rear suspension bar attachment plates
and, depending on the results, taking corrective action, 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 August 2,
2024.

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-2024-1686; 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, 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 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. The EASA material is also
available at regulations.gov under Docket No. FAA-2024-1686.
Other Related Material: For Airbus Helicopters material, contact
Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX 75052;
phone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at
airbus.com/en/products-services/helicopters/hcare-services/airbusworld.

FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aviation Safety
Engineer, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone
(817) 222-5584; email hye.yoon.jang@faa.gov.

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-2024-1686; Project Identifier
MCAI-2023-00595-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 Hye
Yoon Jang, Aviation Safety Engineer, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone (817) 222-5584; email hye.yoon.jang@faa.gov.
Any commentary that the FAA receives that 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 a series of ADs, the most recent being EASA
AD 2023-0076, dated April 11, 2023 (EASA AD 2023-0076), to correct an
unsafe condition on Airbus Helicopters Model SA 330 J, AS 332 C, AS 332
C1, AS 332 L, and AS 332 L1 helicopters.
This proposed AD was prompted by the installation of unapproved MGB
forward and left-hand (LH) and right-hand (RH) rear suspension bar
attachment plates. The FAA is proposing this AD to ensure installation
of approved parts. The unsafe condition, if not addressed, could result
in damage to the MGB suspension bar attachment plates and surrounding
fuselage structure, and subsequent failure of load carrying structural
elements. See EASA AD 2023-0076 for additional background information.

Related Material Under 1 CFR Part 51

EASA AD 2023-0076 requires measuring the thickness of the MGB
forward suspension bar attachment plate and inspecting the LH and RH
MGB rear suspension bar attachment plates. Depending on the results,
EASA AD 2023-0076 requires contacting AH [Airbus Helicopters] for
approved corrective action instructions and accomplishing those
instructions accordingly.
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 reviewed Airbus Helicopters Alert Service Bulletin (ASB)
No. AS332-53.02.15, Revision 0, dated March 6, 2023, and ASB No. SA330-
53.56, Revision 0, dated April 3, 2023. This material specifies
procedures for measuring the thickness of the MGB front suspension bar
attachment plate and visually checking the LH and RH MGB rear
suspension bar attachment plate versions. Depending on the results,
this material specifies procedures for contacting Airbus Helicopter to
get an approved repair.

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 issuing this NPRM
after 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 EASA AD 2023-0076, 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 2023-0076 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0076 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 2023-0076 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 2023-0076. Material referenced in EASA AD 2023-0076 for
compliance will be available at regulations.gov under Docket No. FAA-
2024-1686 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

If, during the inspection or measurement, any discrepancy is
detected, EASA AD 2023-0076 specifies contacting AH [Airbus
Helicopters] to obtain approved corrective action instructions and
accomplishing those instructions, and the material referenced in EASA
AD 2023-0076 specifies contacting Airbus Helicopters to get an approved
repair, whereas this proposed AD would require accomplishing the
corrective action before further flight in accordance with a method
approved by the FAA, EASA, or Airbus Helicopters' EASA Design
Organization Approval.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 38 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.
Measuring the thickness of the MGB forward suspension bar
attachment plate and inspecting the LH and RH MGB rear suspension bar
attachment plates would take approximately 2 work-hours for an
estimated cost of $170 per helicopter and $6,460 for the U.S. fleet.
The corrective action that may be needed as a result of the
inspection or measurement could vary significantly from helicopter to
helicopter. The FAA has no data to determine the costs to accomplish
the corrective action or the number of helicopters that may require
corrective action.

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.

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

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: