DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2332; Project Identifier MCAI-2022-01479-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 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 proposed 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 proposed AD
would require checking the operation of the shear-button safety-cap on
each applicable collective pitch handle and prohibit 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 proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments on this NPRM by December 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-2024-2332; 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 NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
Related Material: For Airbus Helicopters material identified in
this AD, 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: Dan McCully, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404)
474-5548; email: william.mccully@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-2024-2332; Project Identifier
MCAI-2022-01479-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 Dan
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (404) 474-5548; email:
william.mccully@faa.gov. 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 European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2022-0220, dated November 16, 2022 (EASA AD 2022-0020), to
correct an unsafe condition on Airbus Helicopters Model AS 355 E, AS
355 F, AS 3555 F1, AS 355 F2, AS 355 N, AS 355 NP, SA 365 N, SA 365 N1,
AS 365 N2, AS 365 N3, EC 155 B, EC 155 B1, AS 332 C, AS 332 C1, AS 332
L, AS 332 L1, AS 332 L2, and EC 225 LP helicopters, all serial numbers
equipped with hoist provisions (hoist fixed parts).
EASA AD 2022-0020 advises of a report of an inadvertent activation
of the shear-button on a collective pitch handle. EASA AD 2022-0020
states this occurred 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, EASA AD 2022-
0220 states that further investigation determined aging of the spring
may have led to improper functioning of the safety-cap.
Accordingly, EASA AD 2022-0220 requires accomplishing an
operational check of the shear-button safety-cap of each applicable
collective pitch handle and, depending on the results, replacing the
spring or deferring replacement of the spring by fabricating and
installing a placard prohibiting use of the hoist during night flights,
informing all flight crew, and operating the helicopter accordingly.
EASA AD 2022-0220 also prohibits installing certain part-numbered
collective pitch handles or certain part-numbered collective sticks
with those part-numbered collective pitch handles installed unless the
operational check and as applicable, corrective action is done, or it
is a new collective pitch handle.
You may examine EASA AD 2022-0220 in the AD docket at
regulations.gov under Docket No. FAA-2024-2332.
Related Material
The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB)
AS332-25.03.97, Revision 0, dated October 4, 2022; Airbus Helicopters
ASB AS355-25.01.38, Revision 0, dated October 4, 2022; Airbus
Helicopters ASB AS365-25.01.91, Revision 1, dated November 3, 2022;
Airbus Helicopters ASB EC155-25A160, Revision 0, dated October 4, 2022;
and Airbus Helicopters ASB EC225-25A293, Revision 0, dated October 4,
2022. This material specifies procedures for inspecting the spring of
the shear-button safety-cap on the collective pitch handle to determine
whether the safety-cap maintains either in a fully closed or fully open
position. Depending on the results, this material specifies procedures
for replacing an affected spring or attaching a label (placard) to
prohibit night flights.
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
its AD. The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of these same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would 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 the
check and must enter compliance with the applicable paragraphs of the
proposed 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.
This proposed AD would also 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 done, or it is a new
collective pitch handle.
Differences Between This Proposed AD and EASA AD 2022-0220
EASA AD 2022-0220 specifies a one-time inspection of the spring,
whereas this proposed AD would require 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 proposed AD would 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, if adopted as proposed, would
affect 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 proposed AD.
Checking each safety-cap would 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 would take 1 work-hour and parts
would cost $25 for an estimated cost of $110 per replacement.
Fabricating and installing a placard would take 0.5 work-hour and
parts would 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
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:
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