DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0905; Product Identifier 2019-SW-102-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive
(AD)
2015-26-01, which applies to certain Airbus Helicopters Model AS332C1,
AS332L1, AS332L2, EC225LP, AS-365N2, AS 365 N3, EC 155B, and EC155B1
helicopters with an energy-absorbing seat. AD 2015-26-01 requires
inspecting for the presence of labels (placards) that prohibit stowing
anything under the seat, and if a label (placard) is missing or not
clearly visible to each occupant, installing a label (placard). Since
the FAA issued AD 2015-26-01, the FAA has determined that additional
helicopters are affected by the unsafe condition, and that new labels
(placards) are required for all affected helicopters. This proposed AD
would retain all of the requirements of AD 2015-26-01. This proposed AD
would also add helicopters to the applicability and require a
modification (installing new labels (placards)). The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by November
23, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Airbus
Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; phone: 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. For information
on the availability of this material at the FAA, call 817-222-5110.
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-2020-0905;
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 NPRM, 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, Aviation Safety
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3218; email: kathleen.arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include "Docket No. FAA-2020-0905;
Product Identifier 2019-SW-102-AD" at the beginning of your comments.
The most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this proposed AD based on those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, 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 proposed AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as "PROPIN." The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Kathleen Arrigotti, Aviation Safety Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; phone and fax: 206-231-3218; email:
kathleen.arrigotti@faa.gov. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Discussion
The FAA issued AD 2015-26-01, Amendment 39-18349 (80 FR 79466,
December 22, 2015) ("AD 2015-26-01"), for certain Airbus Helicopters
Model AS332C1, AS332L1, AS332L2, EC225LP, AS-365N2, AS 365 N3, EC 155B,
and EC155B1 helicopters with an energy-absorbing seat. AD 2015-26-01
requires inspecting for the presence of labels (placards) that prohibit
stowing anything under the seat, and if a label (placard) is missing or
not clearly visible to each occupant, installing a label (placard). AD
2015-26-01 resulted from the discovery that required labels (placards)
had not been systematically installed. The FAA issued AD 2015-26-01 to
address any object stowed under an energy-absorbing seat, which could
reduce the efficiency of the energy-absorbing function of the seat,
resulting in injury to the seat occupants during an accident.
Actions Since AD 2015-26-01 Was Issued
Since AD 2015-26-01 was issued, the FAA has determined that
additional helicopters are affected by the unsafe condition, and that
new labels (placards) are required for all affected helicopters.
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0088R1, dated November 8, 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, AS332L1, AS332L2, EC225LP, AS-365N2, AS 365
N3, EC 155B and EC155B1 helicopters with an energy-absorbing seat. EASA
advised that during certification of an energy-absorbing seat with a
new part number, the labels (placards) that require keeping the space
under the seat free of any object were not systematically installed.
EASA stated that this condition, if not corrected, could prompt
occupants to stow objects under an energy-absorbing seat, which would
reduce the effectiveness of the seat and the occupants' chance of
surviving an accident. EASA consequently issued AD 2014-0204, dated
September 11, 2014; corrected September 12, 2014 (which corresponds to
FAA AD 2015-26-01) to require a one-time inspection for the presence of
labels (placards) and, if they were missing or unreadable, making and
installing labels (placards) prohibiting the placing of an object under
an energy absorbing seat. EASA later advised, in EASA AD 2017-0226,
dated November 17, 2017 ("EASA AD 2017-0226"), which superseded EASA
AD 2014-0204, that additional new labels (placards) were required and
that additional helicopters were affected by the unsafe condition. In
this MCAI, which supersedes EASA AD 2017-0226, EASA advised that
additional extended compliance times were necessary for certain
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-2020-0905.
Related Service Information Under 1 CFR Part 51
Airbus Helicopters has issued the following service information.
This service information describes procedures for installing new labels
(placards) prohibiting stowage of any object under an energy-absorbing
seat. These documents are distinct since they apply to different
helicopter models.
Airbus Helicopters Alert Service Bulletin No. AS332-
25.03.16, Revision 0, dated September 7, 2017.
Airbus Helicopters Alert Service Bulletin No. AS332-
25.03.41, Revision 0, dated September 7, 2017.
Airbus Helicopters Alert Service Bulletin No. AS332-
25.03.42, Revision 0, dated September 7, 2017.
Airbus Helicopters Alert Service Bulletin No. AS365-
25.01.67, Revision 0, dated February 12, 2019.
Airbus Helicopters Alert Service Bulletin No. EC155-
25A144, Revision 0, dated February 12, 2019.
Airbus Helicopters Alert Service Bulletin No. EC225-
25A179, Revision 1, dated November 6, 2019.
Airbus Helicopters Alert Service Bulletin No. EC225-
25A203, Revision 0, dated September 7, 2017.
Airbus Helicopters has also issued the following service
information. This service information describes procedures for
inspecting for labels, placards, or markings that prohibit stowing
anything under certain seats and installing a placard. These documents
are distinct since they apply to different helicopter models.
Airbus Helicopters Alert Service Bulletin No. AS332-
01.00.85, Revision 1, dated September 7, 2017.
Airbus Helicopters Alert Service Bulletin No. AS365-
01.00.66, Revision 1, dated February 12, 2019.
Airbus Helicopters Alert Service Bulletin No. EC155-
04A013, Revision 1, dated February 12, 2019.
Airbus Helicopters Alert Service Bulletin No. EC225-
04A012, Revision 2, dated November 6, 2019.
This proposed AD would also require the following service
information, which the Director of the Federal Register approved for
incorporation by reference as of January 26, 2016 (80 FR 79466,
December 22, 2015).
Airbus Helicopters Alert Service Bulletin No. AS332-
01.00.85, Revision 0, dated August 26, 2014.
Airbus Helicopters Alert Service Bulletin No. AS365-
01.00.66, Revision 0, dated August 26, 2014.
Airbus Helicopters Alert Service Bulletin No. EC155-
04A013, Revision 0, dated August 26, 2014.
Airbus Helicopters Alert Service Bulletin No. EC225-
04A012, Revision 0, dated August 26, 2014.
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 Airbus Helicopters Alert Service Bulletin
No. EC225-04A012, Revision 1, dated September 7, 2017, which describes
procedures for inspecting for labels, placards, or markings that
prohibit stowing anything under certain seats and installing a placard.
Airbus Helicopters has also issued Airbus Helicopters Alert Service
Bulletin No. EC225-25A179, Revision 0, dated September 7, 2017, which
describes procedures for installing new labels (placards) prohibiting
stowage of any object under an energy-absorbing seat.
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 proposing this AD
after evaluating all the relevant information and determining the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Proposed Requirements of this NPRM
This proposed AD would retain all of the requirements of AD 2015-
26-01. This proposed AD would require accomplishing the actions
specified in the service information described previously.
Clarification of the Retained Compliance Times
Paragraph (g) of AD 2015-26-01 specified the compliance time as:
"Within 110 hours time in service." The FAA has included
clarification of the retained compliance time for paragraph (g) of this
NPRM, that specifies: "Within 110 hours time in service after January
26, 2016 (the effective date of AD 2015-26-01) . . ."
Clarification of the Generic Part Number for Seat Type
Figure 1 to paragraph (a) of AD 2015-26-01 specifies an incorrect
generic part number for Socea Sogerma seat type ST107. The FAA has
corrected that generic part number in figure 1 to paragraphs (c) and
(j) of this proposed AD. The incorrect generic part number was 2010107-
xx-xx; the correct generic part number is 2510107-xx-xx.
Costs of Compliance
The FAA estimates that this proposed AD affects 90 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
Action |
Labor cost |
Parts cost |
Cost per product |
Cost on U.S. operators |
Inspection (52 Helicopters) (Retained
actions from AD 2015-26-01) |
1 work-hour x $85 per hour =
$85 |
$0 |
$85 |
$4,420 |
Install label (placard) (52 Helicopters)
(Retained actions from AD 2015-26-01) |
2 work-hours x $85 per hour =
$170 |
$Minimal |
170 |
8,840 |
Inspection (38 Helicopters) (New
proposed actions) |
1 work-hour x $85 per hour =
$85 |
$0 |
85 |
3,230 |
Install label (placard) (38 Helicopters)
(New proposed actions) |
2 work-hours x $85 per hour =
$170 |
$Minimal |
170 |
6,460 |
Install new label (placard) (New
proposed actions) |
2 work-hours x $85 per hour =
$170 |
$Minimal |
170 |
15,300 |
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 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)
2015-26-01, Amendment 39-18349 (80 FR 79466, December 22, 2015), and
adding the following new AD:
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