DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0537; Project Identifier 2019-NE-16-AD; Amendment
39-21116; AD 2020-09-02]
RIN 2120-AA64
Airworthiness Directives; Anjou Aeronautique Torso Restraint
Systems
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-16-04
for certain Anjou Aeronautique (formerly Romtex Anjou Aeronautique)
Model 358 torso restraint systems (restraint systems). AD 2017-16-04
required inspection of the restraint system, placarding if it is found
to be inoperative, and replacement of the affected restraint system
with a part eligible for installation. This AD requires the removal
from service of this expanded population of affected restraint systems
and modifies the compliance schedule for their removal. This AD was
prompted by reports to the European Union Aviation Safety Agency
(EASA), since the publication of AD 2017-16-04, of additional restraint
system buckle knobs breaking on a batch of parts outside of the
population identified in AD 2017-16-04. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective May 29, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
22, 2017 (82 FR 39355, August 18, 2017).
ADDRESSES: For service information identified in this final rule,
contact Anjou Aeronautique, Strada Livezii nr. 98, 550042, Sibiu,
Romania; telephone: +40 269 243 918; fax: +40 269 243 921; email:
seatbelts@anjouaero.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call 781-238-7759. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0537.
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-2019-
0537; 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 mandatory continuing airworthiness information (MCAI), any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Dorie Resnik, Aerospace Engineer,
Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone: 781-238-7693; fax: 781-238-7199; email: dorie.resnik@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-16-04, Amendment 39-18981 (82 FR
39355, August 18, 2017), (``AD 2017-16-04''). AD 2017-16-04 applied to
certain Anjou Aeronautique (formerly Romtex Anjou Aeronautique) Model
358 restraint systems. The NPRM published in the Federal Register on
December 31, 2019 (84 FR 72257). The NPRM was prompted by reports to
the European Union Aviation Safety Agency (EASA) of additional
restraint system buckle knobs, since the publication of AD 2017-16-04,
breaking on a batch of parts outside of the population identified in AD
2017-16-04. The NPRM proposed to require the removal from service of
this expanded population of affected restraint systems and modifies the
compliance schedule for their removal. The FAA is issuing this AD to
address the unsafe condition on these products.
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA AD 2018-0195, dated September 4, 2018 (referred to after
this as ``the MCAI''), to address the unsafe condition on these
products. The MCAI states:
Occurrences have been reported of rupture of the upper side
(knob) of the rotary buckle installed on certain Anjou Aeronautique
model 358 torso restraint systems. Further occurrences have been
reported after the publication of EASA PAD 18-019. Preliminary
investigation identified a batch of parts potentially affected by
the same unsafe condition, for which high operating temperatures
might be a contributing factor.
This condition, if not corrected, could prevent the release of
the restraint system straps as intended in the event of an emergency
landing, possibly inhibiting safe evacuation from the aircraft. As
of the issue date of this [EASA] AD, Anjou Aeronautique has not
issued applicable repair or modification instructions.
For the reasons described above, this [EASA] AD requires
replacement of affected torso restraint systems, and prohibits
installation thereof.
You may obtain further information by examining the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0537.
Comments
The FAA gave the public the opportunity to participate in
developing this AD. The following presents the comments received on the
NPRM and the FAA's response to each comment.
Miscellaneous Comment
An individual commenter provided a comment not relevant to this AD.
The FAA did not change this AD.
Revision to Cost Estimate
The FAA determined the need to clarify the estimated cost in AD
2017-16-04. The cost reflected in AD 2017-16-04 was the total cost per
helicopter ($6,000 per restraint system multiplied by 7 seats per
helicopter totaling $42,000). In this AD, the FAA is providing the cost
estimate per restraint system.
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this AD as proposed.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Anjou Aero Service Bulletin (SB) No. 358SB-14-101,
Revision 1, dated December 12, 2014. The SB describes procedures for
removing from service and replacing the rotary buckle sub-assembly on
certain part-numbered and serial-numbered buckle assemblies, consisting
of the rotary buckle, belt, and attachment. 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.
Costs of Compliance
The FAA estimates that this AD affects an unknown number of
restraint systems installed on, but not limited to, Airbus Helicopters
AS350B2, AS350B3, EC130B4, EC130T2, and AS355NP helicopters of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Inspect restraint system |
0.5 work-hours x $85 per hour
= $42.50 |
$0
|
$42.50
|
Remove and replace restraint
system |
0.5 work-hours x $85 per hour
= $42.50 |
6,000
|
6,042.50
|
The FAA estimates the following costs
to do any necessary
placarding that would be required based on the results of the proposed
inspection. The FAA has no way of determining the number of aircraft
that might need this placarding:
On-Condition Costs
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Placard seat as inoperable |
0.1 work-hour x $85 per hour
= $8.50 |
$0
|
$8.50
|
According to the manufacturer, some
of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage for affected
individuals. As a result, the FAA has included all costs in our cost
estimate.
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,
(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.
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)
2017-16-04, Amendment 39-18981 (82 FR 39355, August 18, 2017), and
adding the following new AD:
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