DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0188; Project Identifier MCAI-2020-00642-R;
Amendment 39-21572; AD 2021-11-10]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Helicopters Model SA-365N, SA-365N1, AS-365N2, and AS
365 N3 helicopters. This AD was prompted by a report that damage
(scorch marks) was found on an internal life raft installation that
contained a half rescue kit. This AD requires identifying the part
number and serial number of each half rescue kit located in the
internal life raft installation and, depending on the findings,
inspecting the life raft for damage, inspecting the condition of the
flashlight battery, testing the flashlight battery, and replacing the
life raft or flashlight battery (including the leak test) as
applicable, as specified in a European Aviation Safety Agency (now
European Union Aviation Safety Agency) (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective August 27, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 27, 2021.
ADDRESSES: For EASA material incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email ADs@easa.europa.eu; internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. For Zodiac Aerospace service information
identified in this final rule, contact Safran Aerosystems--Plaisir, 61
rue Pierre Curie CS20001, 78373 Plaisir Cedex, France; telephone (33) 1
61 34 23 23; fax (33) 1 61 34 24 41; or at https://www.safran-aerosystems.com.
You may view this material 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. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2021-0188.
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-2021-
0188; 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, 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: Kathleen Arrigotti, Program Manager,
Large Aircraft Section, International Validation Branch, Compliance &
Airworthiness Division, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone and fax 206-231-3218; email
kathleen.arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2016-0028, dated February 15, 2016
(EASA AD 2016-0028) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Airbus Helicopters Model
SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Model SA-365N,
SA-365N1, AS-365N2, and AS 365 N3 helicopters. The NPRM published in
the Federal Register on March 23, 2021 (86 FR 15431). The NPRM was
prompted by a report that damage (scorch marks) was found on an
internal life raft installation that contained a half rescue kit.
Investigation revealed that the damage was caused by an unsuitable
folding process for the life raft, which led to compression of the
flashlight battery in the half rescue kit. This compression caused an
electrolyte leakage, followed by a short-circuit that damaged the
internal life raft. The NPRM proposed to require identifying the part
number and serial number of each half rescue kit located in the
internal life raft installation and, depending on the findings,
inspecting the life raft for damage, inspecting the condition of the
flashlight battery, testing the flashlight battery, and replacing the
life raft or flashlight battery (including the leak test) as
applicable, as specified in an EASA AD.
The FAA is issuing this AD to address leakage of the flashlight
battery in a half rescue kit, which could result in damage to the
internal life raft, and subsequent failure of the internal life raft to
deploy (for example after a ditching), which could impede or prevent
safe evacuation of the occupants from the helicopter. See the MCAI for
additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.
Costs of Compliance Update
The NPRM did not include the kit cost for the on-condition action
specified in paragraph (2) of EASA AD 2016-0028. The FAA has received
this cost data and has updated the costs of compliance accordingly.
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor changes. In the NPRM, the FAA proposed to require
actions specified in EASA AD 2016-0028 through incorporation by
reference, except for certain differences. The FAA has obtained
approval to use this process from certain manufacturers, including
Airbus Helicopters; however, the FAA has not worked with Zodiac
Aerospace (which has been merged into Safran Aerosystems) for approval
of this process. EASA AD 2016-0028 specifies using Zodiac Aerospace
Service Bulletin SB 025-64-13, Revision 0, dated November 23, 2015 (SB
025-64-13 Rev 0) or Revision 1, dated January 19, 2016 (SB 025-64-13
Rev 1), to accomplish a certain action. In light of this, an exception
has been added into this final rule to directly use SB 025-64-13 Rev 0
or SB 025-64-13 Rev 1, instead of using SB 025-64-13 Rev 0 or SB 025-
64-13 Rev 1 through incorporation by reference of EASA AD 2016-0028.
The FAA has determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
EASA AD 2016-0028 specifies identifying the part number and serial
number of each half rescue kit located in the internal life raft
installation, inspecting the life raft for damage (scorch marks),
inspecting the condition of the flashlight battery (including cracks,
impacts, swelling, damage, distorted case, and the connecting wire),
testing the flashlight battery (turning on the flashlight), and
replacing the life raft or flashlight battery (including the leak test).
The FAA reviewed SB 025-64-13 Rev 0, which specifies procedures to
visually inspect the condition of the life raft and battery, and test
the battery. The FAA also reviewed SB 025-64-13 Rev 1, which specifies
the same procedures as SB 025-64-13 Rev 0, except SB 025-64-13 Rev 1
corrects the serial numbers identified in the effectivity.
This material 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.
Differences Between This AD and the MCAI
Although the service information referenced in EASA AD 2016-0028
specifies to return damaged life rafts to the manufacturer, this AD
does not include that requirement.
Where EASA AD 2016-0028 refers to its effective date or to January
7, 2016 (the effective date of EASA AD 2015-0242), this AD requires
compliance within 3 months after the effective date of this AD.
Although the service information referenced in EASA AD 2016-0028
specifies that trained and authorized Zodiac Aerospace personnel must
do the inspection of the half rescue kit, this AD does not require that
Zodiac Aerospace personnel do the inspection.
Costs of Compliance
The FAA estimates that this AD affects 30 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
|
1 work-hour x $85 per hour = $85 |
$3,000
|
$3,085
|
$92,550
|
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
helicopters that might need these on-condition actions:
Estimated Costs of On-Condition Actions
LABOR COST
|
PARTS COST
|
COST PER PRODUCT
|
7.5 work-hours x $85 per hour = $637.50 |
Up to $78,154
|
Up to $78,791.50
|
According to Zodiac Aerospace, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators. The FAA does not control warranty coverage for
affected operators. As a result, the FAA has included all known costs
in the 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.
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:
|