[Federal Register Volume 90, Number 63 (Thursday, April 3, 2025)] [Rules and Regulations] [Pages 14572-14574] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-05711] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2025-0468; Project Identifier MCAI-2023-00872-R; Amendment 39-22995; AD 2025-06-07] 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 AS332C1 helicopters. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the airworthiness limitations section (ALS) of the existing maintenance manual (MM) or instructions for continued airworthiness (ICAs) and the existing approved maintenance or inspection program, as applicable, 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 becomes effective April 18, 2025. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 18, 2025. The FAA must receive comments on this AD by May 19, 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-2025-0468; 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 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-2025-0468. FOR FURTHER INFORMATION CONTACT: Adam Hein, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (316) 946-4116; email: Adam.Hein@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-2025-0468; Project Identifier MCAI-2023-00872-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 Adam Hein, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (316) 946-4116; email: Adam.Hein@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 EASA AD 2023-0144, dated July 14, 2023 (EASA AD 2023-0144) (also referred to as the MCAI), to correct an unsafe condition on Airbus Helicopters Model AS 332 C1 helicopters. The MCAI states that new or more restrictive airworthiness limitations have been developed. EASA advises that airworthiness limitations and certification maintenance instructions are identified as mandatory for continued airworthiness and that Revision 9 of AH [Airbus Helicopters] AS 332 C1 ALS, dated July 27, 2022, has been issued to specify all service life [[Page 14573]] limits and maintenance tasks for AS 332 C1 helicopters and separate the airworthiness limitations from the Master Servicing Manual (M.S.M.). The FAA is issuing this AD to prevent a failure of critical parts and primary structural components, which if not addressed could result in loss of control of the helicopter. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2025-0468. Material Incorporated by Reference Under 1 CFR Part 51 The FAA reviewed EASA AD 2023-0144, which requires replacing components before exceeding their life limits and accomplishing all applicable maintenance tasks within thresholds and intervals specified in the ALS as defined in EASA AD 2023-0144. Depending on the results of the maintenance tasks, EASA AD 2023-0144 requires accomplishing corrective action(s) or contacting Airbus Helicopters for approved instructions and accomplishing those instructions. Additionally, EASA AD 2023-0144 requires revising the Aircraft Maintenance Programme (AMP) by incorporating the limitations, tasks, and associated thresholds and intervals described in the specified ALS, as applicable. Revising the AMP constitutes terminating action for the requirement to record accomplishment of the actions of replacing components before exceeding their life limits and accomplishing maintenance tasks within thresholds and intervals specified in the applicable ALS as required by EASA AD 2023-0144 for demonstration of AD compliance on a continued basis. 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 the actions specified in EASA AD 2023-0144, described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD and except as discussed under ``Differences Between this AD and the MCAI.'' 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 2023-0144 by reference in the FAA final rule. This AD, therefore, requires compliance with EASA AD 2023- 0144 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 2023-0144 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 2023-0144. Material referenced in EASA AD 2023-0144 for compliance will be available at regulations.gov under Docket No. FAA-2025-0468 after the FAA final rule is published. Differences Between This AD and the MCAI The MCAI defines ``the ALS'' as ``AH AS 332 C1 Airworthiness Limitations Section (ALS) issue date 2014.05.28 at Revision (Rev.) 009 (date code 2022.07.27),'' whereas this AD requires changing ``the ALS'' definition to Revision 10 of that document. This AD still allows future revisions of ``the ALS'' as specified in the provisions of the ``Ref. Publications'' section of the MCAI, as incorporated by reference. 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. There are currently no domestic operators of these products. Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553(b). In addition, for the foregoing reason(s), 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. 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 There are no costs of compliance with this AD because there are no helicopters with this type certificate on the U.S. Registry. 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. [[Page 14574]] For the reasons discussed, 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: 2025-06-07 Airbus Helicopters: Amendment 39-22995; Docket No. FAA- 2025-0468; Project Identifier MCAI-2023-00872-R. (a) Effective Date This airworthiness directive (AD) is effective April 18, 2025. (b) Affected ADs None. (c) Applicability This AD applies to Airbus Helicopters Model AS332C1 helicopters, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/ Maintenance Checks. (e) Unsafe Condition This AD was prompted by new or more restrictive airworthiness limitations. The FAA is issuing this AD to prevent failure of critical parts and primary structural components, which if not addressed, could result in loss of control of the helicopter. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Action Except as specified in paragraphs (h) and (i) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency AD 2023-0144, dated July 14, 2023 (EASA AD 2023-0144). (h) Exceptions to EASA AD 2023-0144 (1) Where EASA AD 2023-0144 defines ``the ALS,'' this AD requires replacing that text with ``Airbus Airworthiness Limitations Section (ALS) AS 332 C1, Issue Date May 28, 2014, Revision 10, dated July 26, 2023.'' (2) Where EASA AD 2023-0144 refers to its effective date, this AD requires using the effective date of this AD. (3) This AD does not adopt paragraphs (1), (2), (4) and (5) of EASA AD 2023-0144. (4) Where paragraph (3) of EASA AD 2023-0144 specifies ``Within 12 months after the effective date of this AD, revise the approved AMP,'' this AD requires replacing that text with ``Within 30 days after the effective date of this AD, revise the airworthiness limitations section of the existing maintenance manual or instructions for continued airworthiness and the existing approved maintenance or inspection program, as applicable.'' (5) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2023-0144 is on or before the applicable ``limitations'' and ``associated thresholds'' as incorporated by the requirements of paragraph (3) of EASA AD 2023-0144 or within 30 days after the effective date of this AD, whichever occurs later. (6) This AD does not adopt the ``Remarks'' section of EASA AD 2023-0144. (i) Provisions for Alternative Actions and Intervals After the action required by paragraph (g) of this AD has been done, no alternative actions and associated thresholds and intervals, including life limits, are allowed unless they are approved as specified in the provisions of the ``Ref. Publications'' section of EASA AD 2023-0144. (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. Information may be emailed to: AMOC@faa.gov. (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 Adam Hein, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (316) 946-4116; email: Adam.Hein@faa.gov. (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 this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2023-0144, dated July 14, 2023. (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: ADs@easa.europa.eu; 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 www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. Issued on March 27, 2025. Steven W. Thompson, Acting Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2025-05711 Filed 3-31-25; 11:15 am] BILLING CODE 4910-13-P