[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Proposed Rules]
[Pages 42487-42489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18973]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / 
Proposed Rules

[[Page 42487]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0826; Product Identifier 2016-SW-084-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2015-22-
53 for Airbus Helicopters (Airbus) Model AS350B3 helicopters. AD 2015-
22-53 requires revising the rotorcraft flight manual (RFM) to perform 
the yaw load compensator check after rotor shut-down and to state that 
the yaw servo hydraulic switch must be in the ``ON'' position before 
taking off. Since we issued AD 2015-22-53, Airbus developed a 
modification of the ACCU TST switch. This proposed AD would retain the 
requirements of AD 2015-22-53 and require modifying the yaw servo 
hydraulic switch (collective switch) and replacing the ACCU TST button. 
The actions of this proposed AD are intended to address an unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by November 7, 
2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0826; or in person at the Docket Operations Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the European Aviation Safety Agency (EASA) 
AD, the economic evaluation, any comments received, and other 
information. The street address for the Docket Operations Office 
(telephone 800-647-5527) is in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.
    For service information identified in this proposed rule, contact 
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; 
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at 
http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. You may review the referenced service information at 
the FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    On November 13, 2015, we issued AD 2015-22-53, Amendment 39-18331 
(80 FR 74982, December 1, 2015), which was sent previously as an 
emergency AD to all known U.S. owners and operators of Airbus 
Helicopters Model AS350B3 helicopters. AD 2015-22-53 requires revising 
the pre-flight and post-flight procedures in the RFM to perform the yaw 
load compensator check (ACCU TST switch) after rotor shut-down instead 
of during preflight procedures and to state that the yaw servo 
hydraulic switch (collective switch) must be in the ``ON'' (forward) 
position before taking off. AD 2015-22-53 was prompted by two accidents 
and one incident of Model AS350B3 helicopters with a dual hydraulic 
system installed, and which also prompted EASA, which is the Technical 
Agent for the Member States of the European Union, to issue EASA AD No. 
2015-0178, dated August 26, 2015. EASA advised these occurrences may 
have resulted from improperly performing the T/R hydraulic preflight 
check (a pilot forgetting to put the yaw servo hydraulic switch 
(collective switch) in the ``ON'' position or put the ACCU TST switch 
in the ``OFF'' position before flight)--and not from equipment failure. 
According to EASA, these conditions significantly increase the control 
load necessary to generate sufficient tail rotor thrust for take-off.

Actions Since AD 2015-22-53 Was Issued

    Since we issued AD 2015-22-53, Airbus Helicopters issued SB No. 
AS350-67.00.65, Revision 0, dated August 25, 2016, which specifies 
procedures to alter the ACCU TST switch. Subsequently, EASA issued AD 
No. 2016-0220, dated November 4, 2016. EASA advises that further

[[Page 42488]]

analysis of the incidents resulted in the recognition that a pilot 
could forget to activate a switch despite the RFM changes and that the 
modifications developed by Airbus Helicopters are necessary. 
Accordingly, EASA AD No. 2016-0220 requires installing a caution 
indication to the pilot when the yaw servo hydraulic switch (collective 
switch) is in the ``OFF'' position, installing an additional indicator 
light on the caution and warning panel, and replacing the bistable push 
button (push-on, push-off) ACCU TST switch with a monostable push 
button (push-on, timer-off) switch.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
France and are approved for operation in the United States. Pursuant to 
our bilateral agreement with France, EASA, its technical 
representative, has notified us of the unsafe condition described in 
its AD. We are proposing this AD because we evaluated all known 
relevant information and determined that an unsafe condition is likely 
to exist or develop on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters SB No. AS350-67.00.64, Revision 0, 
dated February 25, 2015, which specifies procedures to install a timer 
relay and an additional indicator light on the caution and warning 
panel. This modification provides an ``OFF'' status indication of the 
yaw servo hydraulic switch (collective switch) by flashing a newly 
installed ``HYD2'' indicator light on the caution and warning panel. 
Airbus Helicopters identifies performance of this SB as modification 
074622. This modification was available when AD 2015-22-53 was issued; 
however, it was determined unnecessary to address the unsafe condition 
at that time.
    We also reviewed Airbus Helicopters SB No. AS350-67.00.65, Revision 
0, dated August 25, 2016, which specifies procedures to replace the 
bistable push button ACCU TST switch with a monostable push button 
switch. Airbus Helicopters identifies performance of this SB as 
modification 074719.
    This service information 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 Service Information

    We reviewed Airbus SB No. AS350-67.00.66, Revision 1, dated October 
22, 2015, which specifies inserting specific pages of the SB into the 
rotorcraft flight manual. These pages revise the preflight and post-
flight hydraulic checks by moving the tail rotor yaw load compensator 
check from preflight to post-flight. These pages also revise 
terminology within the flight manuals for the different engine 
configurations.

Proposed AD Requirements

    This proposed AD would retain the RFM revision that moves the yaw 
load compensator check (ACCU TST switch) from preflight procedures to 
post-flight procedures after rotor shut-down. This proposed AD would 
also retain the RFM revision that requires the yaw servo hydraulic 
switch (collective switch) to be in the ``ON'' (forward) position 
before taking off.
    Additionally, this proposed AD would require, within 350 hours 
time-in-service, installing a timer relay for the yaw servo hydraulic 
switch (collective switch) and installing an additional light on the 
caution and warning panel. This proposed AD would also require 
replacing the bistable ACCU TST button with a monostable button.

Costs of Compliance

    We estimate that this proposed AD would affect 86 helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. Labor costs are estimated at $85 per 
work-hour.
    Revising an RFM would take about 0.5 work-hour for a cost of $43 
per helicopter and $3,698 for the U.S. fleet. Installing a timer relay 
for the yaw servo hydraulic switch (collective switch) and an indicator 
light would take about 9 work-hours and parts would cost about $2,224. 
Replacing the ACCU TST button would take about 1 work-hour and parts 
would cost about $2,244.
    Based on these figures, we estimate a total cost of $5,361 per 
helicopter and $461,046 for the U.S. fleet.

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.
    We are 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

    We 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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply 
with this proposed AD and placed it in the AD docket.

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

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 removing airworthiness directive (AD) 
2015-22-53, Amendment 39-18331 (80 FR 74982, December 1, 2015), and 
adding the following new AD:

Airbus Helicopters: Docket No. FAA-2017-0826; Product Identifier 
2016-SW-084-AD.

[[Page 42489]]

(a) Applicability

    This AD applies to Model AS350B3 helicopters with a dual 
hydraulic system installed, certificated in any category.

    Note 1 to paragraph (a) of this AD: The dual hydraulic system 
for Model AS350B3 helicopters is referred to as Airbus modification 
OP 3082 or OP 3346.

(b) Unsafe Condition

    This AD defines the unsafe condition as lack of hydraulic 
pressure in a tail rotor (T/R) hydraulic system. This condition 
could result in loss of T/R flight control and subsequent loss of 
control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2015-22-53, Amendment 39-18331 (80 FR 
74982, December 1, 2015).

(d) Comments Due Date

    We must receive comments by November 7, 2017.

(e) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(f) Required Actions

    (1) Before further flight, insert a copy of this AD into the 
rotorcraft flight manual, Section 4 Normal Operating Procedures, or 
make pen and ink changes to the preflight and post-flight procedures 
as follows:
    (i) Stop performing the yaw load compensator check (ACCU TST 
switch) during preflight procedures, and instead perform the yaw 
load compensator check during post-flight procedures after rotor 
shut-down.
    (ii) The yaw servo hydraulic switch (collective switch) must be 
in the ``ON'' (forward) position before takeoff.

    Note 2 to paragraph (f)(1)(ii) of this AD: The yaw servo 
hydraulic switch is also called the hydraulic pressure switch or 
hydraulic cut off switch in various Airbus Helicopters rotorcraft 
flight manuals.

    (2) Within 350 hours time-in-service:
    (i) Install a timer relay for the yaw servo hydraulic switch 
(collective switch) by following the Accomplishment Instructions, 
paragraph 3.B.2.b.1, 3.B.2.b.2, 3.B.2.b.3, 3.B.2.b.4, 3.B.2.b.5, or 
3.B.2.b.6, as applicable to the configuration of your helicopter, of 
Airbus Helicopters Service Bulletin (SB) No. AS350-67.00.64, 
Revision 0, dated February 25, 2015 (AS350-67.00.64). If your 
helicopter has an automatic pilot system, also comply with paragraph 
3.B.2.b.7 of AS350-67.00.64.
    (ii) Install an indicator light on the caution and warning panel 
by following the Accomplishment Instructions, paragraph 3.B.2.c.1 or 
3.B.2.c.2, as applicable to the configuration of your helicopter, of 
AS350-67.00.64.
    (iii) Replace the bistable ACCU TST button on the control panel 
with a monostable button as depicted in Figure 1 or Figure 3, as 
applicable to the configuration of your helicopter, of Airbus 
Helicopters SB No. AS350-67.00.65, Revision 0, dated August 25, 
2016.
    (3) After the effective date of this AD, do not install a 
bistable ACCU TST button on any helicopter.

(g) Special Flight Permits

    A special flight permit may be issued for paragraph (f)(2) of 
this AD only.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, FAA, may approve 
AMOCs for this AD. Send your proposal to: George Schwab, Aviation 
Safety Engineer, Safety Management Section, Rotorcraft Standards 
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
(817) 222-5110; email  [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office before operating any aircraft 
complying with this AD through an AMOC.

(i) Additional Information

    (1) Airbus Helicopters SB No. AS350-67.00.66, Revision 1, dated 
October 22, 2015, which is not incorporated by reference, contains 
additional information about the subject of this AD. For service 
information identified in this AD, contact Airbus Helicopters, 2701 
N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or 
(800) 232-0323; fax (972) 641-3775; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. 
You may review the referenced service information at the FAA, Office 
of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 
6N-321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2016-0220, dated November 4, 2016. You 
may view the EASA AD on the Internet at http://www.regulations.gov 
in the AD Docket.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 2910, Main 
Hydraulic System.

    Issued in Fort Worth, Texas, on August 29, 2017.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2017-18973 Filed 9-7-17; 8:45 am]
 BILLING CODE 4910-13-P