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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.
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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 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
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| Up to 12 work-hours x $85 per
hour = Up to $1,020 |
$0
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Up to $1,020
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Up to $12,240
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Estimated Costs for Optional Actions
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| 7 work-hours x $85 per hour =
$595 |
Negligible
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$595
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$7,140
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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
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 adding the following new airworthiness
directive (AD):
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