DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2545; Project Identifier MCAI-2024-00672-R;
Amendment 39-22901; AD 2024-24-51]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Model EC225LP helicopters. The FAA previously sent
this AD as an emergency AD to all known U.S. owners and operators of
these helicopters. This AD was prompted by a report of a cracked main
rotor hub (MRH) sleeve. This AD requires repetitively inspecting
certain MRH sleeves and prohibits installing those MRH sleeves unless
the inspection is done, 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 December 20, 2024. Emergency AD 2024-24-51,
issued on November 20, 2024, which contains the requirements of this
amendment, was effective with actual notice.
The Director of the Federal Register approved the incorporation by
reference of a certain publication identified in this AD as of December
20, 2024.
The FAA must receive comments on this AD by January 21, 2025.
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-2024-2545; 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
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: ADs@easa.europa.eu; website: 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 Parkway, 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-2024-2545.
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 data, views, or arguments
about this final rule. Send your comments to an address listed under
the ADDRESSES section. Include "Docket No. FAA-2024-2545; Project
Identifier MCAI-2024-00672-R" at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
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 final rule 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 final rule.
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 AD 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 AD, 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 AD. 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 FAA issued Emergency AD 2024-24-51, dated November 20, 2024
(the emergency AD), to address an unsafe condition on all Airbus
Helicopters Model EC225LP helicopters. The FAA sent the emergency AD to
all known U.S. owners and operators of these helicopters. The emergency
AD requires repetitively inspecting MRH sleeves having P/N 332A31-3071-
00 and, depending on the results, replacing the MRH sleeve and its two
blade pins. The emergency AD also prohibits installing this part-
numbered MRH sleeve on any helicopter unless its requirements are met.
The emergency AD was prompted by Emergency AD 2024-0215-E, dated
November 14, 2024, issued by EASA, which is the Technical Agent for the
Member States of the European Union (EASA Emergency AD 2024-0215-E)
(also referred to as the MCAI), to correct an unsafe condition on
Airbus Helicopters EC 225 LP helicopters. This reported crack is the
second crack in the same area of this part-numbered MRH sleeve. The FAA
issued Emergency AD 2022-14-51, issued on July 1, 2022, which published
as a Final rule; request for comments in the Federal Register on July
19, 2022 (87 FR 42951), following EASA Emergency AD 2022-0130-E, dated
June 30, 2022 (EASA Emergency AD 2022-0130-E), to address the unsafe
condition of the first crack. The MCAI states that investigation of the
second cracked MRH sleeve determined that its crack initiation could
not be attributed to the root cause of cracking in the same part-
numbered MRH sleeve addressed by EASA Emergency AD 2022-0130-E. EASA
considers the MCAI an interim action.
The FAA is issuing this AD to detect cracking in an MRH sleeve.
This condition, if not addressed, could result in structural failure of
an MRH sleeve, loss of a main rotor blade, and subsequent loss of
control of the helicopter.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-2545.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA Emergency AD 2024-0215-E, which requires
repetitively inspecting MRH sleeves having P/N 332A31-3071-00 and,
depending on the results, replacing the MRH sleeve and its two blade
pins. EASA Emergency AD 2024-0215-E also prohibits installing this
part-numbered MRH sleeve on any helicopter unless its requirements are met.
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.
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
the MCAI referenced above. The FAA is issuing this AD after determining
that the unsafe condition described previously is likely to exist or
develop on other products of the same type design.
AD Requirements
This AD requires accomplishing the actions specified in EASA
Emergency AD 2024-0215-E, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this 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,
EASA Emergency AD 2024-0215-E is incorporated by reference in this AD.
This AD requires compliance with EASA Emergency AD 2024-0215-E in its
entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Using
common terms that are the same as the heading of a particular section
in EASA Emergency AD 2024-0215-E 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 Emergency AD
2024-0215-E. Material required by EASA Emergency AD 2024-0215-E for
compliance will be available at regulations.gov under Docket No. FAA-
2024-2545 after this AD is published.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking then.
Justification for Immediate Adoption and Determination of the Effective Date
Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
551 et seq.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for "good cause," finds that
those procedures are "impracticable, unnecessary, or contrary to the
public interest." Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that required the immediate adoption of
Emergency AD # 2024-24-51, issued on November 20, 2024, to all known
U.S. owners and operators of these helicopters. The FAA found that the
risk to the flying public justified waiving notice and comment prior to
adoption of this rule because an MRH sleeve is part of an assembly that
is critical to flight of a helicopter. In addition, cracking of the MRH
sleeve may lead to catastrophic destruction of the main rotor head and
loss of the helicopter. Since a second crack has occurred in the same
area of the affected MRH sleeve, and as the FAA has no information
pertaining to the extent of cracking of MRH sleeves that may currently
exist in helicopters, the initial actions required by this AD must be
accomplished before the first flight of the day. These conditions still
exist, therefore, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 29 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 the MRH sleeves (up to 5 affected MRH sleeves per
helicopter) will take 1 work-hour for an estimated cost of up to $85
per helicopter and $2,465 for the U.S. fleet, per inspection cycle. If
required, replacing an MRH sleeve and its two blade pins will take 6
work-hours and parts will cost $115,000 for an estimated cost of
$115,510 per replacement.
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, and
(2) Will not affect intrastate aviation in Alaska.
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:
|