[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Rules and Regulations]
[Pages 30589-30592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10667]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Rules 
and Regulations  

[[Page 30589]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0454; Product Identifier 2019-SW-113-AD; Amendment 
39-19911; AD 2020-09-15]
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 
certain Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1 
helicopters. This AD was prompted by a report of vibrations around the 
12Hz frequency due to the specific helicopter configuration. This AD 
requires removing the removable parts of the dual hoist installation or 
removing the de-icing system. This AD also allows, for certain 
helicopters, revising the Rotorcraft Flight Manual (RFM) for your 
helicopter and installing a placard as an optional method of 
compliance. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD becomes effective May 20, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 20, 2020.
    The FAA must receive comments on this AD by July 6, 2020.

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 https://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this final 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 service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort 
Worth, TX 76177. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0454.

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-2020-
0454; 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 AD, the European Union Aviation Safety Agency (EASA) AD, any 
service information that is incorporated by reference, 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 FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email Kathleen.Arrigotti@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0142R1, dated December 9, 2019 
(referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1 
helicopters. EASA advises that during the first flight of an Airbus 
Helicopters Model AS332L helicopter after a retrofit that re-installed 
the de-icing system, vibrations around the 12Hz frequency were 
observed. Subsequent flight tests and analysis determined that this 
vibration is due the specific helicopter configuration. Factors that 
contributed to the vibration included simultaneous installation of 
riveted main frames X3855 and X5295 (pre-Airbus Helicopter modification 
0722907), additional weight created by parts of the rotor de-icing 
system on the main rotor head (the distributor and de-icing harnesses), 
and removable parts (hoist arm and hoists) of the dual hoist 
installation. EASA advises that this condition, if not corrected, could 
generate divergent aeromechanic coupling between the helicopter 
structure and the rotor, possibly resulting in mechanical failure of 
structural parts and loss of control of the helicopter.
    EASA issued Emergency AD 2018-0142-E, dated July 6, 2018, for 
certain Model AS332C, AS332C1, AS332L, and AS332L1 helicopters, which 
required the removal of removable parts of the dual hoist installation 
or removal of the de-icing system. Since EASA Emergency AD 2018-0142-E, 
dated July 6, 2018, was issued, additional flight tests demonstrated 
that Model AS332L and AS332L1 helicopters do not exhibit the vibration 
at 12Hz when limiting the operational flight envelope and Vne (never-
exceed speed). As a result, EASA advises that revising the RFM for 
Model AS332L and AS332L1 helicopters to incorporate certain limitations 
and installing a locally made placard is an optional method of 
compliance for Model AS332L and AS332L1 helicopters.
    You may examine the MCAI in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0454.

Related Service Information Under 1 CFR Part 51

    Airbus Helicopters has issued Emergency Alert Service Bulletin 
AS332 01.00.91, Revision 1, dated December 4, 2019 (AS332 01.00.91 Rev 
1). This service information describes procedures for removing parts of 
the

[[Page 30590]]

dual hoist installation or removing the de-icing system.
    Airbus Helicopters has also issued Emergency Alert Service Bulletin 
AS332 01.00.96, Revision 0, dated December 4, 2019. This service 
information describes procedures for amending the RFM of Model AS332L 
and AS332L1 helicopters to limit the flight envelope and the Vne and 
installing a placard. This service information also describes 
procedures for removing parts of the dual hoist installation or 
removing the de-icing system.
    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

    Airbus Helicopters issued Emergency Alert Service Bulletin AS332 
01.00.91, Revision 0, dated July 3, 2018 (AS332 01.00.91 Rev 0). AS332 
01.00.91 Rev 0 contains the same procedures as AS332 01.00.91 Rev 1; 
however, AS332 01.00.91 Rev 1 removes Model AS332L and AS332L1 
helicopters from the effectivity.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is issuing this AD 
after evaluating all pertinent information and determining the unsafe 
condition exists and is likely to exist or develop on other products of 
the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the service 
information described previously.

FAA's Justification for Immediate Adoption and Determination of the 
Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) 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 seeking comment prior to the 
rulemaking. Similarly, 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 waiving notice and comment prior to adoption of this rule 
because of vibrations around the 12Hz frequency that are due to the 
specific helicopter configuration, which could generate divergent 
aeromechanic coupling between the helicopter structure and the rotor, 
possibly resulting in mechanical failure of structural parts and loss 
of control of the helicopter. The FAA determined a compliance time of 7 
days is required to correct the unsafe condition. This compliance time 
is shorter than the time necessary for the public to comment and for 
publication of the final rule.
    Accordingly, notice and opportunity for prior public comment are 
impracticable pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
reasons stated above, 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.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and was not preceded by notice and opportunity for public 
comment. However, the FAA invites you to send any written relevant 
data, views, or arguments about this AD. Send your comments to an 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2020-0454; Product Identifier 2019-SW-113-AD'' at the beginning of your 
comments. The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this AD. The 
FAA will consider all comments received by the closing date and may 
amend this AD based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this AD.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

Regulatory Flexibility Act (RFA)

    The requirements of the 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 notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 12 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                  Parts cost         Cost per  product         Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 12 work-hours x $85 per hour =                $0  Up to $1,020...............  Up to $12,240.
 Up to $1,020.
----------------------------------------------------------------------------------------------------------------


                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                 Labor cost                               Parts cost                  product        operators
----------------------------------------------------------------------------------------------------------------
7 work-hours x $85 per hour = $595..........  Negligible........................            $595          $7,140
----------------------------------------------------------------------------------------------------------------


[[Page 30591]]

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

    The FAA determined that 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.

Adoption of 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 (AD):

2020-09-15 Airbus Helicopters: Amendment 39-19911; Docket No. FAA-
2020-0454; Product Identifier 2019-SW-113-AD.

(a) Effective Date

    This AD becomes effective May 20, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS332C, AS332C1, 
AS332L, and AS332L1 helicopters, certificated in any category, 
equipped with a dual hoist installation and de-icing system, except 
those that have Airbus Helicopters modification 0722907 installed in 
production.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 2500, Cabin 
Equipment/Furnishings; 3000, Ice/Rain Protection System; 5300, 
Fuselage Structure (General).

(e) Reason

    This AD was prompted by a report of vibrations around the 12Hz 
frequency due to the specific helicopter configuration. The FAA is 
issuing this AD to address this condition, which could generate 
divergent aeromechanic coupling between the helicopter structure and 
the rotor, possibly resulting in mechanical failure of structural 
parts and loss of control of the helicopter.

(f) Compliance

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

(g) Required Actions

    Within 7 days after the effective date of this AD: Remove the 
removable parts of the dual hoist installation or remove the de-
icing system in accordance with the instructions of section 3.B of 
Airbus Helicopters Emergency Alert Service Bulletin AS332 01.00.91, 
Revision 1, dated December 4, 2019, or Section 3.B.2 of Airbus 
Helicopters Emergency Alert Service Bulletin AS332 01.00.96, 
Revision 0, dated December 4, 2019, as applicable to your 
helicopter, except you are not required to contact Airbus 
Helicopters.

(h) Optional Method of Compliance

    For Airbus Helicopter Model AS332L or AS332L1 helicopters: 
Revising the Rotorcraft Flight Manual for your helicopter by 
inserting the information specified in Appendix 4A, 4B, or 4C of 
Airbus Helicopters Emergency Alert Service Bulletin AS332 01-00.96, 
Revision 0, dated December 4, 2019, as applicable to your helicopter 
model and configuration, and installing a locally made placard on 
the instrument panel, in accordance with the instructions of section 
3.B.1 of Airbus Helicopters Emergency Alert Service Bulletin AS332 
01-00.96, Revision 0, dated December 4, 2019, is an acceptable 
method for compliance with the requirements of paragraph (g) of this 
AD.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Airbus Helicopters Emergency Alert Service 
Bulletin AS332 01.00.91, Revision 0, dated July 3, 2018.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
helicopter can be modified as specified in paragraph (g) of this AD, 
provided the Rotorcraft Flight Manual revisions and the locally made 
placard specified in paragraph (h) of this AD are in place.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to: 
Manager, Safety Management Section, Rotorcraft Standards Branch, 
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-
exception occurred on : 2020-10667.htm
exception occurred on : 2020-10667.htm
5110; email 9-ASW-FTW-AMOC[email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, 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.

(l) Related Information

    (1) The subject of this AD is addressed in the European Union 
Aviation Safety Agency (EASA) AD 2018-0142R1, dated December 9, 
2019. This EASA AD may be found in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0454.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Helicopters Emergency Alert Service Bulletin AS332 
01.00.91, Revision 1, dated December 4, 2019.
    (ii) Airbus Helicopters Emergency Alert Service Bulletin AS332 
01.00.96, Revision 0, dated December 4, 2019.
    (3) 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.airbus.com/helicopters/services/technical-support.html.
    (4) You may view this service information at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 
6N-321, Fort Worth, TX 76177.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 30592]]


    Issued on May 13, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-10667 Filed 5-19-20; 8:45 am]
BILLING CODE 4910-13-P


