DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0641; Product Identifier 2019-SW-020-AD; Amendment
39-19720; AD 2019-16-16]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-18-12
for Airbus Helicopters (Airbus) Model AS350B, AS350B1, AS350B2,
AS350B3, and AS350BA helicopters with a certain part-numbered Pall
Aerospace Corporation Inlet Barrier Filter (IBF) element installed. AD
2018-18-12 required revising the Rotorcraft Flight Manual Supplement
(RFMS) for your helicopter to prohibit operating a helicopter with an
IBF element in wet weather and drying or replacing the IBF element if
wet. This AD retains the requirements of AD 2018-18-12 but no longer
allows reinstallation of a filter after it has been removed. This AD
also expands the applicability, provides an optional terminating action
for the RFMS revision for your helicopter, and prohibits installing the
affected IBFs on any helicopter. This AD was prompted by further review
of the unsafe condition and the determination that additional part-
numbered IBF elements are affected by the unsafe condition. The actions
of this AD are intended to address an unsafe condition on these
products.

DATES: This AD is effective September 26, 2019.
The FAA must receive any comments on this AD by October 28, 2019.

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 http://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 20590, 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-2019-
0641; 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 regulatory evaluation, 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 final rule, contact Pall
Aerospace Corporation, 10540 Ridge Road, Suite 300, Newport Richey, FL
34654; telephone 727-514-6491; email cam_dipronio@pall.com; website
www.pall.com/aerospace. 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: Gary Wechsler, Aerospace Engineer,
Atlanta ACO Branch, Compliance and Airworthiness Division, FAA, 1701
Columbia Ave., College Park, GA, 30337, telephone 404-474-5575, email
Gary.Wechsler@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not provide you with notice and an opportunity
to provide your comments before it becomes effective. However, 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-2019-0641; Product Identifier 2019-SW-
020-AD, at the beginning of your comments. The FAA specifically invites
comments on the overall regulatory, economic, environmental, and energy
aspects of this final rule. The FAA will consider all comments received
by the closing date and may amend this final rule because of those
comments.
The FAA will post all comments the FAA receives, without change, to
http://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this final rule.

Discussion

The FAA issued AD 2018-18-12, Amendment 39-19391 (83 FR 45545,
September 10, 2018), (``AD 2018-18-12''), for Airbus Model AS350B,
AS350B1, AS350B2, AS350B3, and AS350BA helicopters with a Pall
Aerospace IBF element part number (P/N) CE01301F2 or CE01301F2B
installed. AD 2018-18-12 required, within 30 days, revising the RFMS
for your helicopter by inserting Appendix A of the AD into the
limitations section. AD 2018-18-12 resulted from a forced landing after
an engine flameout. The FAA issued AD 2018-18-12 to prevent ingestion
of an excessive amount of water by the engine. This condition could
result in engine flame out and failure, leading to loss of helicopter
control.

Actions Since AD 2018-18-12 Was Issued

Since the FAA issued AD 2018-18-12, Pall Corporation revised its
Service Information Letter (SIL) CE01301F2SINFOL Revision A, dated July
15, 2015 (SIL Revision A), to SIL CE01301F2SINFOL Revision B, dated
October 12, 2018 (SIL Revision B) to notify affected owners of FAA AD
requirements. Further, a public comment from the European Aviation
Safety Agency (EASA), and additional in-service incidents and
information from both Pall Aerospace and Transport Canada, have
revealed that IBF elements P/N CE01303F2 and CE01303F2B are also
affected by the unsafe condition. This AD now expands the applicability
to include those part-numbered IBF elements.
The FAA has also determined that reinstallation of a filter after
it has been removed may lead to an unsafe condition; therefore
reinstallation of a filter after it has been removed is now prohibited.
Additionally, the FAA has determined that prohibiting the
installation of IBF element P/N CE01301F2, CE01301F2B, CE01303F2, or
CE01303F2B on any helicopter is necessary to prevent the unsafe
condition. Finally, the FAA is providing an optional terminating action
for the RFMS revision for your helicopter which consists of removing
the affected IBF element from service. The FAA is currently considering
removing the IBF element as a requirement rather than an option,
however, the planned compliance time for that requirement would allow
enough time to provide notice and opportunity for prior public comment
on the merits of the removal.

Comments to AD 2018-18-12

After AD 2018-18-12 was published, the FAA received comments from
two commenters.

Request

Andrew Greene requested the FAA provide field reports and other
data used in support of the AD, including any findings from the FAA's
testing or analysis.
As described in AD 2018-18-12 and FAA Special Airworthiness
Information Bulletin SW-17-30, dated October 13, 2017, the first
reported[thinsp]incident pertaining to this unsafe condition involved
an Airbus Helicopters Model AS350B3 helicopter fitted with an IBF.
Post-incident inspection of the helicopter's turbine engine showed that
violent water ingestion damaged six axial compressor blades. Pall
Aerospace conducted an internal assessment proving that water
accumulation is possible and can be introduced to the engine with a
Pall Aerospace IBF. Pall Aerospace also confirmed through laboratory
testing that engine flameout or loss of power is possible due to water
accumulation in the pleats and water collection downstream of the
filter at the intake. These conditions can subsequently lead to violent
water ingestion as the collected water is released by an increase in
engine power or a nose-down attitude. Other realized associated risks
include increased pilot workload and phase of flight risks,
particularly during transient phases at nose down attitudes. During
investigation of the first incident, two reports of previous incidents
were received that involved helicopters equipped with IBFs or induction
filter installations. One incident resulted in difficultly starting the
helicopter, but once the water was removed from the filter, no further
problems occurred. The other incident occurred in-flight during heavy
rain conditions resulting in an amber filter light illuminating,
indicating a blocked or clogged filter. In this incident, the operator
opened the bypass door and returned to base. Further, additional
incidents have occurred since AD 2018-18-12 was issued that support
that AD action is necessary. An incident was reported with an IBF
element P/N CE01303F2 installed on a helicopter that was stored outside
and uncovered during a snowfall. The operator could not start the
helicopter due to accumulated moisture. Another incident occurred in
which a helicopter with an IBF element P/N CE01303F2B also experienced
issues with starting the engine. The filter had been removed for
routine maintenance and was allowed to dry. After reinstallation, the
operator attempted two starts that failed. Once the Pall IBF element
was replaced with a filter from a different manufacturer, the engine
started successfully.
Mr. Greene also requested a list of the regulations Pall Aerospace
was required to address and the method used to demonstrate compliance
for each approval of the replacement elements.
Showing compliance to regulations is part of the certification
process, which generally involves proprietary information. This comment
does not address whether this AD is necessary or the requirements to
correct the unsafe condition presented by the affected IBF elements.
The FAA did not make any changes based on this comment.
EASA requested AD 2018-18-12 be changed to add Pall Aerospace IBF
elements P/Ns CE01303F2 and P/N CE01303F2B to the applicability
paragraph. EASA states it is unclear why Pall Aerospace IBF elements P/
Ns CE01303F2 and P/N CE01303F2B were omitted in AD 2018-18-12 and that
this omission conflicts with SIL Revision A.
The FAA agrees and has included P/Ns CE01303F2 and CE01303F2B in
the applicability paragraph of this AD.

Related Service Information

The FAA reviewed SIL Revision B, which recommends covering the
engine inlet if the helicopter is outside while not operating and
conducting pre-flight inspections to ensure the engine inlet is clear
of water. SIL Revision B also notifies all affected operators of FAA AD
requirements.

FAA's Determination

The FAA is issuing this AD after evaluating all the relevant
information, considering the comments received to AD 2018-18-12, and
determining the unsafe condition described previously is likely to
exist or develop in other products of these same type designs.

AD Requirements

This AD requires, for Airbus Helicopters Model AS350B, AS350B1,
AS350B2, AS350B3, and AS350BA helicopters with an IBF element
CE01301F2, CE01301F2B, CE01303F2, or CE01303F2B installed, within 30
days, revising the RFMS for your helicopter by inserting Appendix A of
this AD into the limitations section. Alternatively, as an optional
termination action to the RFMS revision for your helicopter, this AD
allows removing the IBF element from service. This AD also prohibits
the installation of an affected IBF element on any helicopter.

Differences Between This AD and the Service Information

The service information allows for removing water and reinstalling
the IBF element if there is standing water on the engine inlet. This AD
prohibits reinstalling any IBF element after it has been removed.

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.
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 foregoing notice and comment prior to adoption of this rule
because the unsafe condition requires corrective action within 30 days.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to public interest 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.

Costs of Compliance

The FAA estimates that this AD affects 81 helicopters of U.S.
Registry. Labor costs are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
Revising the RFMS for your helicopter takes about 1 work-hour for
an estimated cost of $85 per helicopter and $6,885 for the U.S. fleet.
Removing the IBF element takes about 2 work-hours and parts cost about
$3,995 for an estimated cost of $4,165 per helicopter.

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.
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 part 39 of the Federal Aviation
Regulations (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)
2018-18-12, Amendment 39-19391 (83 FR 45545, September 10, 2018) and
adding the following new AD: