[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Proposed Rules]
[Pages 47921-47925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17300]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0893; Product Identifier 2018-SW-032-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: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-09-05 for Airbus Helicopters Model AS332C, AS332C1, AS332L, 
AS332L1, AS332L2, and EC225LP helicopters. AD 2017-09-05 requires 
repetitively checking screws in the emergency flotation gear. Since the 
FAA issued AD 2017-09-05, Airbus Helicopters developed a modification 
that addresses the unsafe condition. This proposed AD would retain the 
requirements of AD 2017-09-05 but would require installing the 
modification, which would be a terminating action for the repetitive 
checks required by AD 2017-09-05. The actions of this proposed AD are 
intended to address an unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September 
21, 2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://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 https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0893; 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 proposed AD, the European Aviation Safety Agency (now European 
Union Aviation Safety Agency) (EASA) AD, any comments received and 
other information. The street address for Docket Operations is listed 
above. 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 https://www.airbus.com/helicopters/services/technical-support.html. You may 
view this 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: Matt Fuller, Safety Management Program 
Manager, Airworthiness Products Section, Operational Safety Branch, 
General Aviation and Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone 817-222-5110; email matthew.fuller@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views. 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.
    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 file in the docket all comments received, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments the FAA receives on or 
before the closing date for comments. The FAA will consider comments 
filed after the comment period has closed if it is possible to do so 
without incurring expense or delay. The FAA may change this proposal in 
light of the comments received.

Confidential Business Information

    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 Matt Fuller, Safety Management Program Manager, 
Airworthiness Products Section, Operational Safety Branch, General 
Aviation and Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone 817-222-5110; email matthew.fuller@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.

Discussion

    The FAA issued AD 2017-09-05, Amendment 39-18867 (82 FR 21913, May 
11, 2017) (``AD 2017-09-05''), for Airbus Helicopters Model AS332C, 
AS332C1, AS332L, AS332L1, AS332L2, and EC225LP helicopters with 
emergency flotation gear installed. AD 2017-09-05 requires repetitive 
visual checks of the emergency flotation gear screws. Those actions are 
intended to prevent the failure of a rear upper screw fitting on the 
emergency flotation gear.

[[Page 47922]]

This condition, if not detected and corrected, could result in failure 
of the emergency flotation system and subsequent capsizing of the 
helicopter.
    AD 2017-09-05 was prompted by EASA Emergency AD No. 2015-0239-E, 
dated December 18, 2015 (EASA AD 2015-0239-E), issued by EASA, which is 
the Technical Agent for the Member States of the European Union. EASA 
advised that a screw ruptured on the rear upper fitting on the left-
hand (LH) emergency flotation gear of an AS332 helicopter. EASA stated 
that this condition, if not detected and corrected, could result in the 
failure of an emergency flotation system when ditching and unstable 
floating of the helicopter, possibly resulting in injury to the 
occupants. The EASA AD consequently required repetitive inspections of 
the lower attachment screws of rear upper fitting on the rear LH and 
right-hand (RH) emergency flotation gears. EASA stated that the root 
cause of the failure had not yet been identified.

Actions Since AD 2017-09-05 Was Issued

    Since the FAA issued AD 2017-09-05, Airbus Helicopters identified 
the root cause of the screw rupture as a tapering gap under the fitting 
attachment screw heads creating excessive stress loads. Consequently, 
EASA issued AD No. 2018-0090, dated April 20, 2018 (EASA AD 2018-0090), 
to supersede EASA AD 2015-0239-E. EASA AD 2018-0090 retains the 
requirements in EASA AD 2015-0239-E and also requires the installation 
of Airbus Helicopters modification (MOD) 0728456 as a terminating 
action for the repetitive inspections required in EASA AD 2015-0239-E. 
MOD 0728456 involves the installation of spherical washers and longer 
screws on the rear upper fittings of the flotation gear to remove the 
stress applied to the screw heads.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA about the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that an 
unsafe condition is likely to exist or develop on other helicopters of 
the same type design.

Differences Between This Proposed AD and the EASA AD

    The EASA AD allows using tools for the inspection, while this 
proposed AD requires checking by hand. The EASA AD requires contacting 
Airbus Helicopters if a screw is missing or loose, while this proposed 
AD would not. The EASA AD requires that repetitive inspections occur at 
intervals not to exceed 15 hours time-in-service (TIS), while this 
proposed AD requires the repetitive checks before each flight over 
water.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB) 
No. AS332-25.03.43, Revision 0, dated April 4, 2018, for Model AS332C, 
AS332C1, AS332L, AS332L1, and AS332L2 helicopters and for military 
Model AS332B, AS332B1, AS332F1, AS332M, and AS332M1 helicopters. The 
FAA also reviewed ASB No. EC225-25A207, Revision 0, dated April 4, 
2018, for Model EC 225 LP helicopters. Both ASBs specify, within 12 
months, installing MOD 0728456 by installing spherical leveling washers 
and longer screws to attach the rear upper fittings of the LH and RH 
emergency flotation gear. Airbus Helicopters specifies that helicopters 
that have undergone MOD 0728456 are exempt from the ASB's requirements.
    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

    The FAA also reviewed Airbus Helicopters Emergency Alert Service 
Bulletin (EASB) No. 05.01.06, Revision 0, dated December 18, 2015, for 
Model AS332C, AS332C1, AS332L, AS332L1, and AS332L2 helicopters and for 
military Model AS332B, AS332B1, AS332F1, AS332M, and AS332M1 
helicopters, and EASB No. 05A047, Revision 0, dated December 18, 2015, 
for Model EC225LP helicopters. This service information specifies 
repetitively inspecting the lower screws of the rear upper fitting on 
the rear LH and RH emergency floating gears for the presence of the 
heads and stressing the screw heads using a tool to make sure that the 
screw head does not move. If all screw heads are present, the service 
information requires no further action. If at least one screw head is 
missing or is loose, the service information specifies replacing the 
two lower screws and the upper screw and informing Airbus Helicopters.

Proposed AD Requirements

    This proposed AD would require, within 15 hours TIS and thereafter 
before each flight over water, visually checking each emergency 
flotation gear LH and RH rear upper fitting for the presence of screw 
heads and looseness. An owner/operator (pilot) may perform the required 
visual check but must enter compliance with the applicable paragraph of 
the AD into the helicopter maintenance records in accordance with 14 
CFR 43.9(a)(1) through (4) and 91.417(a)(2)(v). A pilot may perform 
this inspection because it involves visually checking the rear upper 
fittings of the LH and RH emergency flotation gears for the presence of 
screw heads and twisting the screws by hand, which can be performed 
equally well by a pilot or a mechanic. This check is an exception to 
our standard maintenance regulations. If any screws are loose or any 
screw heads are missing, this proposed AD would require removing from 
service the screws on each LH and RH side on the flotation gear rear 
fitting and installing MOD 0728456, base washers and spherical washers. 
This proposed AD would also require, within 300 hours TIS installing 
MOD 0728456, as a terminating action for the repetitive checks.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 29 helicopters 
of U.S. Registry. The FAA estimates that operators may incur the 
following costs in order to comply with this proposed AD. Labor costs 
are estimated at $85 per work-hour.
    Checking the screws for looseness and a missing head would take 
about 5 minutes, for an estimated cost of about $7 per helicopter and 
$203 for the U.S. fleet.
    Performing the modification would take about 16 work-hours, and 
parts would cost about $3,030 for total estimated cost of $4,390 per 
helicopter and $127,310 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.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under

[[Page 47923]]

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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Will not affect intrastate aviation in Alaska, and
    3. 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.

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:
0
a. Removing Airworthiness Directive (AD) 2017-09-05, Amendment 39-18867 
(82 FR 21913, May 11, 2017); and
0
b. Adding the following new AD:

Airbus Helicopters: Docket No. FAA-2018-0893; Product Identifier 
2018-SW-032-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model AS332C, AS332C1, 
AS332L, AS332L1, AS332L2, and EC225LP helicopters with emergency 
flotation gear installed, certificated in any category, except those 
helicopters that have Airbus Helicopters Modification (MOD) 0728456 
already installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a rear upper 
screw fitting on the emergency flotation gear. This condition, if 
not detected and corrected, could result in failure of the emergency 
flotation system and subsequent capsizing of the helicopter.

(c) Affected ADs

    This AD replaces AD 2017-09-05, Amendment 39-188767 (82 FR 
21913, May 11, 2017).

(d) Comments Due Date

    The FAA must receive comments by September 21, 2020.

(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) Within 15 hours time-in-service (TIS), and before each 
flight over water thereafter, visually check each emergency 
flotation gear left hand (LH) and right hand (RH) rear upper fitting 
to determine whether the heads of the lower screws are present. 
Figure 1 to paragraph (f)(1) of this AD depicts where the lower 
three screws (noted as B and E) are located. Check each screw for 
looseness by determining whether it can be rotated by hand. These 
actions may be performed by the owner/operator (pilot) holding at 
least a private pilot certificate and must be entered into the 
aircraft records showing compliance with this AD in accordance with 
Title 14 Code of Federal Regulations (14CFR) Sec. Sec.  43.9(a)(1) 
through (4) and 14 CFR 91.417(a)(2)(v). The record must be 
maintained as required by 14 CFR 91.417, 121.380, or 135.439.
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[[Page 47924]]

[GRAPHIC] [TIFF OMITTED] TP07AU20.000

    (2) If a screw head is missing, or if a screw is loose, before 
further flight over water, install MOD 0728456 by completing 
paragraph (f)(3) of this AD.
    (3) Within 300 hours TIS, unless required before further flight 
over water by paragraph (f)(2) of this AD, install MOD 0728456 by 
doing the following:

    Note 1 to paragraph (f)(3) of this AD: The installation of MOD 
0728456 on the LH and RH sides is identical.

    (i) Remove external fitting (a) and remove from service screws 
(c), (d) and (e), washers (f), and nuts (g) as shown in Figure 1, 
Detail A of Airbus Helicopters Alert Service Bulletin (ASB) No. 
AS332-25.03.43, Revision 0, dated April 4, 2018 (ASB AS332-25.03-
43), or ASB No. EC225-25A207, Revision 0, dated April 4, 2018 (ASB 
EC225-25A207), as applicable to your model helicopter.
    (ii) Install base washers (1) (structural side), spherical 
washers (2) (screw side), and screws (3) and coat with sealing 
compound (or similar) on the smooth surface of the nuts (5) as shown 
in Figure 2 of ASB AS332-25.03-43 or ASB EC225-25A207, as applicable 
to your model helicopter.
    (iii) Inspect each washer on the external fitting (a) for 
contact with a weld as shown in Figure 2, Detail A of ASB AS332-
25.03-43 or ASB EC225-25A207, and inspect each washer on the 
internal fitting for contact with the fitting radius.
    (A) If a washer on the external fitting makes contact with a 
weld, perform a spotfacing to the diameter of 17mm (+ 0.1/+ 0.1) 
with a cutter root radius of 0.5mm.
    (B) If a washer on the internal fitting falls in the radius of 
the bracket, perform a spotfacing to the diameter of 17mm (+ 0.1/
+0.1) with a cutter root radius of 0.5mm.
    (iv) Torque each nut to 169-203 lbf.in (1.9-2.3 daN.m), and 
apply sealing compound to outer edge of the LH rear upper fitting.
    (4) Completion of the requirements in paragraph in (f)(3) of 
this AD constitute terminating action for the repetitive checks 
required in paragraph (f)(1) of this AD.

(g) Special Flight Permits

    Special flight permits are prohibited for flights over water.

[[Page 47925]]

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve 
AMOCs for this AD. Send your proposal to: Matt Fuller, Safety 
Management Program Manager, Airworthiness Products Section, 
Operational Safety Branch, General Aviation and Rotorcraft Unit, 
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-
5110; email 9-ASW-FTW-AMOC-Requests@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, the FAA suggests 
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 Emergency Alert Service Bulletin (EASB) 
No. 05.01.06, and EASB No. 05A047, both Revision 0, and both dated 
December 18, 2015, which are not incorporated by reference, contain 
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 https://www.airbushelicopters.com/techpub. You may review this 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 (now European Union Aviation Safety Agency) (EASA) AD 
No. 2018-0090, dated April 20, 2018. You may view the EASA AD on the 
internet at https://www.regulations.gov in the AD Docket.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: Code: 3212, 
Emergency Flotation Section.

    Issued on August 3, 2020.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-17300 Filed 8-6-20; 8:45 am]
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