DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0994; Product Identifier 2017-SW-002-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.
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SUMMARY: The FAA is revising an earlier proposed airworthiness
directive (AD) for Airbus Helicopters Model SA330J helicopters that
proposed to require replacing certain left-hand (LH) and right-hand
(RH) hydraulic pumps. The NPRM was prompted by reports that bolts that
attach the cover of the hydraulic pump were broken. This action revises
the NPRM by expanding the applicability, changing the proposed
requirements, and correcting nomenclature. Since this imposes an
additional burden over that proposed in the NPRM, the FAA is reopening
the comment period to allow the public the chance to comment on these
changes.
DATES: The FAA must receive comments on this SNPRM by July 20,
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-2018-0994;
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 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: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, 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 FAA also invites 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.
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 received 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.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to remove AD 2017-14-05, Amendment 39-18949 (82 FR 31899,
July 11, 2017) ("AD 2017-14-05") and add a new AD. AD 2017-14-05
applies to Airbus Helicopters Model SA330J helicopters with certain
serial-numbered LH and RH hydraulic pumps part number (P/N)
FR65WEO2005-175A installed. EASA, which is the Technical Agent for the
Member States of the European Union, had issued EASA Emergency AD No.
2016-0264-E, dated December 22, 2016 (EASA AD 2016-0264-E), which
prompted AD 2017-14-05. EASA had advised of reports of broken screws
(bolts) that attach the cover of the hydraulic pump. Subsequent
investigation identified a batch of screws that have intrinsic
embrittlement and reduced mechanical properties because hydrogen was
introduced into this batch of screws during production. Accordingly, AD
2017-14-05 requires replacing the RH hydraulic pump within 15 hours
time-in-service (TIS) and prohibits the installation of an affected
hydraulic pump on any helicopter. The actions of AD 2017-14-05 are
intended to prevent failure of a hydraulic pump cover attachment bolt,
which could result in loss of fluid from the hydraulic pump, loss of
the hydraulic system, and subsequent loss of control of the helicopter.
AD 2017-14-05 requires shorter-term requirements that did not allow
enough time to provide notice and opportunity for prior public comment.
The NPRM was issued to add a longer-term requirement that allowed enough
time to provide notice and opportunity for prior public comment. The NPRM
published in the Federal Register on October 21, 2019 (84 FR 56152), and
proposed to require replacing an affected RH hydraulic pump within 15
hours TIS from July 26, 2017 (the effective date of AD 2017-14-05), re-
placing an affected LH hydraulic pump within 110 hours TIS, and also
proposed to prohibit installing an affected hydraulic pump on any heli-
copter.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, it was determined that the NPRM
addressed only helicopters with affected hydraulic pumps installed on
both the LH and RH sides. However, the FAA intended to include
helicopters that have only one affected hydraulic pump installed on
either the LH or RH side as well. This SNPRM expands the applicability
to include helicopters that have an affected hydraulic pump on one or
both sides and changes the proposed requirements to address helicopters
with an affected hydraulic pump installed on only one side. Further,
the nomenclature of "screw" has been corrected to "bolt" in this
SNPRM.
Additionally, since the FAA issued the NPRM, the website address
for Airbus Helicopters has changed.
Comments
After the NPRM was published, the FAA received comments from two
commenters. However, the comments addressed neither the proposed
actions nor the determination of the cost to the public. Therefore, the
FAA has made no changes based on these comments.
FAA's Determination
The FAA is proposing this SNPRM after evaluating all known relevant
information and determining that an unsafe condition is likely to exist
or develop on other helicopters of these same type designs. Certain
changes described above expand the scope of the original NPRM. As a
result, the FAA has determined that it is necessary to reopen the
comment period to provide additional opportunity for the public to
comment on this SNPRM.
Related Service Information
The FAA reviewed Airbus Helicopters Emergency Alert Service
Bulletin No. SA330-29.12, Revision 0, dated December 22, 2016, which
specifies removing Nexter Mechanics hydraulic pumps P/N FR65WEO2005-
175A with certain serial numbers (S/Ns). If both the RH and LH
hydraulic pumps have an affected P/N and S/N, the service information
specifies replacing the RH hydraulic pump before further flight and the
LH hydraulic pump within 110 flying hours or 6 months. If only one
hydraulic pump has an affected P/N and S/N, the service information
specifies replacing it within 110 flying hours or 6 months. The service
information also specifies that, for 6 months after receipt of the
service information, an affected hydraulic pump must be "returned to
conformity" by complying with Nexter Mechanics Alert Service Bulletin
No. NM/INGE/16-140, Revision 0, dated December 22, 2016, before
installation.
Proposed Requirements of the SNPRM
For helicopters with an affected hydraulic pump installed on both
the LH and RH sides, this SNPRM would require replacing the RH
hydraulic pump within 15 hours TIS from July 26, 2017 (the effective
date of AD 2017-14-05) and replacing the LH hydraulic pump within 110
hours TIS. For helicopters with an affected hydraulic pump installed on
either the LH or RH side, this SNPRM would require replacing the
affected hydraulic pump within 110 hours TIS. This SNPRM would also
prohibit installation of an affected hydraulic pump on any helicopter.
Costs of Compliance
The FAA estimates that this proposed AD would affect 24 helicopters
of U.S. Registry. Labor costs are estimated at $85 per work-hour. Based
on these numbers, the FAA estimates that operators may incur the
following costs in order to comply with this proposed AD.
Replacing a hydraulic pump would take about 2 work-hours and parts
would cost about $2,500 for an estimated cost of $2,670 per hydraulic
pump.
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 has 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 above, 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
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]
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2017-14-05, Amendment 39-18949 (82 FR 31899, July 11, 2017), and adding
the following new AD:
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