AD 2024-26-01

[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Rules and Regulations]
[Pages 20-23]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31510]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2669; Project Identifier MCAI-2024-00660-R; 
Amendment 39-22915; AD 2024-26-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters Model H160-B helicopters. This AD was prompted by a 
report of excessive axial play of the rotating scissors spherical 
bearings. This AD requires measuring the axial play of the rotating 
scissors spherical bearings and, depending on the results, 
accomplishing corrective action and reporting inspection results, 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 17, 2025.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 17, 
2025.
    The FAA must receive comments on this AD by February 18, 2025.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5

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p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under 
Docket No. FAA-2024-2669; 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:
    <bullet> For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: <a href="/cdn-cgi/l/email-protection#6f2e2b1c2f0a0e1c0e410a1a1d001f0e410a1a"><span class="__cf_email__" data-cfemail="82c3c6f1c2e7e3f1e3ace7f7f0edf2e3ace7f7">[email&#160;protected]</span></a>; website: easa.europa.eu. You may find 
the EASA material on the EASA website at ad.easa.europa.eu.
    <bullet> 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 
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-2669.

FOR FURTHER INFORMATION CONTACT: Michael Mueller, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (847) 294-7543; email: <a href="/cdn-cgi/l/email-protection#d895b1bbb0b9bdb4f692f695adbdb4b4bdaa98beb9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="125f7b717a73777e3c583c5f67777e7e7760527473733c757d64">[email&#160;protected]</span></a>.

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-2024-2669; Project 
Identifier MCAI-2024-00660-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 
<a href="http://regulations.gov">regulations.gov</a>, 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 Michael 
Mueller, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (847) 294-7543; email: 
<a href="/cdn-cgi/l/email-protection#4e03272d262f2b22600460033b2b22222b3c0e282f2f60292138"><span class="__cf_email__" data-cfemail="632e0a000b02060f4d294d2e16060f0f0611230502024d040c15">[email&#160;protected]</span></a>. Any commentary that the FAA receives which 
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 EASA Emergency AD 2024-0206-E, dated October 
22, 2024 (EASA AD 2024-0206-E) (also referred to as the MCAI), to 
correct an unsafe condition on Airbus Helicopters Model H160-B 
helicopters. The MCAI states that a report was received of excessive 
axial play in the rotating scissors spherical bearings. The FAA is 
issuing this AD to address excessive axial play of the rotating 
scissors spherical bearings. The unsafe condition, if not addressed, 
could result in reduced control of the helicopter.
    You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under 
Docket No. FAA-2024-2669.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed EASA AD 2024-0206-E. This material requires 
measuring the axial play of rotating scissors spherical bearing part 
number U623A40T1007, except those having serial numbers identified 
within. Depending on the results, EASA AD 2024-0206-E requires 
replacing the rotating scissors spherical bearings, or after a certain 
amount of flight time remeasuring the axial play again and replacing 
the rotating scissors spherical bearings. EASA AD 2024-0206-E also 
requires reporting inspection results to Airbus Helicopters.
    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 the MCAI, 
described previously, 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 AD 2024-0206-E is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2024-0206-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 AD 2024-0206-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 AD 2024-0206-E. Material required by EASA AD 2024-0206-E for 
compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2024-2669 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.

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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 requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because the affected components are part of an assembly that is 
critical to the control of a helicopter. The FAA has no information 
pertaining to the extent of excessive axial play of the rotating 
scissors spherical bearings that may currently exist in helicopters or 
how quickly degradation may occur. Additionally, this is a newer model 
helicopter, and this excessive axial play of the rotating scissors 
spherical bearings is considered early for the parts. Accordingly, the 
initial actions required by this AD must be accomplished within 15 
hours time-in-service or 30 days, whichever occurs first, and depending 
on the results, taking corrective action and reporting results for up 
to two inspections for anticipated further analysis. Accordingly, 
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 forgo 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 the 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 11 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.
    Measuring the axial play of the two rotating scissors spherical 
bearings takes 2 work-hours for a cost of $170 per helicopter and 
$1,870 for the U.S fleet. Reporting the results takes 1 work-hour for 
$85 per helicopter and up to $935 for the U.S. fleet, per reporting 
instance.
    If required, replacing a rotating scissors spherical bearing takes 
2 work-hours for a cost of $170 and parts cost $1,270, for an estimated 
cost of $1,440 per bearing.

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, 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

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:

2024-26-01 Airbus Helicopters: Amendment 39-22915; Docket No. FAA-
2024-2669; Project Identifier MCAI-2024-00660-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 17, 2025.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model H160-B helicopters, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6230, Main Rotor 
Mast/Swashplate.

(e) Unsafe Condition

    This AD was prompted by a report of excessive axial play of the 
rotating scissors spherical bearings. The FAA is issuing this AD to 
address excessive axial play of the rotating scissors spherical 
bearings. The unsafe condition, if not addressed, could result in 
reduced control of the helicopter.

[[Page 23]]

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with European Union Aviation Safety Agency Emergency AD 
2024-0206-E, dated October 22, 2024 (EASA AD 2024-0206-E).

(h) Exceptions to EASA AD 2024-0206-E

    (1) Where EASA AD 2024-0206-E requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2024-0206-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Paragraph (5) EASA AD 2024-0206-E specifies to report 
inspection results to AH [Airbus Helicopters] within certain 
compliance times. For this AD, report inspection results at the 
applicable times specified in paragraph (h)(3)(i) or (ii) of this 
AD.
    (i) For an inspection done on or after the effective date of 
this AD: Submit the report within 7 days after the inspection.
    (ii) For an inspection done before the effective date of this 
AD: Submit the report within 7 days after the effective date of this 
AD.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0206-E.

(i) Special Flight Permits

    Special flight permits are prohibited.

(j) 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 (k) of 
this AD and email to: <a href="/cdn-cgi/l/email-protection#97d6dad8d4d7f1f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="e5a4a8aaa6a5838484cb828a93">[email&#160;protected]</span></a>.
    (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.

(k) Additional Information

    For more information about this AD, contact Michael Mueller, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (847) 294-7543; email: 
<a href="/cdn-cgi/l/email-protection#561b3f353e37333a781c781b23333a3a33241630373778313920"><span class="__cf_email__" data-cfemail="622f0b010a03070e4c284c2f17070e0e0710220403034c050d14">[email&#160;protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) Emergency AD 
2024-0206-E, dated October 22, 2024.
    (ii) [Reserved]
    (3) For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: <a href="/cdn-cgi/l/email-protection#0f4e4b7c4f6a6e7c6e216a7a7d607f6e216a7a"><span class="__cf_email__" data-cfemail="3f7e7b4c7f5a5e4c5e115a4a4d504f5e115a4a">[email&#160;protected]</span></a>; website: easa.europa.eu. You may 
find the EASA material on the EASA website at ad.easa.europa.eu.
    (4) 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.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#573125793e3924273234233e3839173936253679303821"><span class="__cf_email__" data-cfemail="1076623e797e6360757364797f7e507e7162713e777f66">[email&#160;protected]</span></a>.

    Issued on December 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-31510 Filed 12-30-24; 11:15 am]
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