[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Proposed Rules]
[Pages 63145-63147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26229]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4112; Directorate Identifier 2014-SW-043-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters (previously 
Eurocopter France)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2010-23-
02 for Eurocopter France (now Airbus Helicopters) Model SA-365N, SA-
365N1, AS-365N2, and AS 365 N3 helicopters. AD 2010-23-02 currently 
requires amending the Limitations section of the Rotorcraft Flight 
Manual (RFM) to limit the never-exceed velocity (VNE) to 150 Knots 
Indicated Air Speed (KIAS) and to add a 1,500 ft/minute rate of descent 
(R/D) limitation beyond 140 KIAS. Since we issued AD 2010-23-02, a 
design change designated as modification (MOD) 0755B28 improved the 
dynamic behavior of the horizontal stabilizer such that AD actions are 
not required. This proposed AD would retain the requirements of AD 
2010-23-01 and revise the applicability to exclude helicopters with MOD 
0755B28. These proposed actions are intended to exclude certain 
helicopters from the applicability and restrict the VNE on other 
helicopters to prevent failure of the horizontal stabilizer and 
subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by December 18, 
2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address 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 in Docket No. FAA-2015-4112; or in person at the 
Docket Operations Office between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this proposed 
AD, the European Aviation Safety Agency (EASA) AD, the economic 
evaluation, any comments received and other information. The street 
address for the Docket Operations Office (telephone 800-647-5527) is in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.
    For service information identified in this proposed AD, contact 
Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX 75052; 
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at 
http://www.airbushelicopters.com/techpub. You may review service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, Texas 76177.

FOR FURTHER INFORMATION CONTACT: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, FAA, 10101 Hillwood Pkwy., Fort 
Worth, Texas 76177; telephone (817) 222-5110; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    On October 15, 2010, we issued AD 2010-23-02, Amendment 39-16491 
(75 FR 68169, November 5, 2010) for Eurocopter France (now Airbus 
Helicopters) Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 
helicopters. AD 2010-23-02 requires amending the Limitations section of 
the RFM to limit the VNE to 150 KIAS and to add a 1,500 ft/minute R/D 
limitation beyond 140 KIAS and installing one or more placards on the 
cockpit instrument panel in full view of the pilot and copilot. AD 
2010-23-01 was prompted by failures of the horizontal stabilizers on 
then-recently delivered Model AS 365 N3 helicopters due to a vibration 
phenomenon that may arise during the descent flight phases at high 
speed regardless of the stabilizer installed. Those actions were 
intended to prevent failure of the horizontal stabilizer and subsequent 
loss of control of the helicopter.

Actions Since AD 2010-23-02 Was Issued

    Since we issued AD 2010-23-01 (75 FR 68169, November 5, 2010), 
Eurocopter France changed its name to Airbus Helicopters. EASA, which 
is the

[[Page 63146]]

Technical Agent for the Member States of the European Union, issued 
EASA AD No. 2008-0204R1, Revision 1, dated May 21, 2014, to correct an 
unsafe condition for Airbus Helicopters Model SA-365N, SA-365N1, SA-
365N2 and AS 365 N3 helicopters, all serial numbers, except those that 
have ``embodied'' MOD 07 55B28. EASA advises that Airbus Helicopters 
developed MOD 07 55B28 to improve the dynamic behavior of the 
horizontal stabilizer and thus reduce the vibration levels during high 
speed descent. EASA revised a prior AD and issued AD No. 2008-0204R1 to 
exclude helicopters with MOD 07 55B28 from the applicability.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
France and are approved for operation in the United States. Pursuant to 
our bilateral agreement with France, EASA, its technical 
representative, has notified us of the unsafe condition described in 
its AD. We are proposing this AD because we evaluated all known 
relevant information and determined that an unsafe condition is likely 
to exist or develop on other products of these same type designs.

Related Service Information

    We reviewed a Eurocopter Emergency Alert Service Bulletin (EASB) 
with three numbers (01.00.60, 01.00.16, and 01.28), Revision 1, dated 
December 2, 2008. EASB No. 01.00.60 applies to U.S. type-certificated 
Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters and also 
to military Model AS365F, Fs, Fi, and K helicopters that are not 
certificated in the United States. EASB 01.00.16 applies to military 
Model AS565AA, MA, MB, SA, SB, and UB helicopters that are not type 
certificated in the United States. EASB 01.28 applies to the Model SA-
366G1 helicopter. The EASB specifies bonding one or more locally-
produced labels to the instrument panel stating that the VNE is limited 
to 150 KIAS and the R/D must not exceed 1,500 ft/min beyond 140 KIAS. 
Eurocopter states in the EASB that it is working on an enhanced 
definition that will be proposed as soon as possible. EASA classified 
this EASB as mandatory and issued AD No. 2008-0204-E, dated December 4, 
2008, and revised with Revision 1, dated May 21, 2014, to ensure the 
continued airworthiness of these helicopters.
    We also reviewed Airbus Helicopters Service Bulletin (SB) No. 
AS365-55.00.06, Revision 0, dated November 14, 2014, which Airbus 
Helicopters identifies as MOD 0755B28. The SB specifies repairing the 
stabilizer for suppression of the flutter phenomenon.

Proposed AD Requirements

    This proposed AD would retain the requirements of AD 2010-23-02, 
Amendment 39-16491 (75 FR 68169, November 5, 2010) to amend the 
Limitations section of the RFM to limit the VNE to 150 KIAS and to add 
a 1,500 ft/minute R/D limitation for airspeeds beyond 140 KIAS and 
installing one or more placards on the cockpit instrument panel in full 
view of the pilot and copilot stating the limitations. This proposed AD 
would also revise the applicability to exclude those helicopters with 
MOD 0755B28 installed.

Costs of Compliance

    We estimate that this proposed AD would affect 33 helicopters of 
U.S. Registry.
    We estimate that operators may incur the following costs in order 
to comply with this AD. Labor costs are estimated at $85 per hour. We 
estimate about \1/2\ work-hour per helicopter to make copies to include 
in the RFM and to make and install the placards. The parts costs are 
minimal. Based on these figures, we estimate the cost of this AD on 
U.S. operators would be $1,403 for the fleet.

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.
    We are 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

    We 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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. 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.
    We prepared an economic evaluation of the estimated costs to comply 
with this proposed AD and placed it in the AD docket.

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

0
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]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2010-23-02, Amendment 39-16491 (75 FR 68169, November 5, 2010), and 
adding the following new AD:

Airbus Helicopters (previously Eurocopter France): Docket No. FAA-
2015-4112; Directorate Identifier 2014-SW-043-AD.

(a) Applicability

    This AD applies to Model SA-365N, SA-365N1, AS-365N2, and AS 365 
N3 helicopters, with a horizontal stabilizer, part number 365A13-
3030-1901, -1902, -1903, -1904, -1905, -1906, -1908, -1909; 365A13-
3036-00, -0001, -0002, -0003; or 365A13-3038-00, installed, except 
those with modification 0755B28 installed, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as vibration during descent 
at high speed. This condition could result in failure of the 
horizontal stabilizer and subsequent loss of control of the 
helicopter.

(c) Affected ADs

    This AD replaces AD 2010-23-02, Amendment 39-16491 (75 FR 68169, 
November 5, 2010).

[[Page 63147]]

(d) Comments Due Date

    We must receive comments by December 18, 2015.

(e) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(f) Required Actions

    Before further flight:
    (1) Revise the airspeed operating limitation in the Limitations 
section of the Rotorcraft Flight Manual (RFM) by making pen and ink 
changes or by inserting a copy of this AD into the RFM stating: 
``The never-exceed speed (VNE) is limited to 150 knots indicated 
airspeed (KIAS)'' and ``The rate-of-descent (R/D) must not exceed 
1,500 ft/min when the airspeed is beyond 140 KIAS.''
    (2) Install one or more self-adhesive placards, with 6 
millimeter red letters on white background, on the cockpit 
instrument panel in full view of the pilot and co-pilot to read as 
follows: ``VNE LIMITED TO 150 KIAS'' and ``R/D MUST NOT EXCEED 1,500 
ft/min when airspeed is beyond 140 KIAS''

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 
10101 Hillwood Pkwy, Fort Worth, Texas 76177; telephone (817) 222-
5110; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office before operating any aircraft 
complying with this AD through an AMOC.

(h) Additional Information

    (1) Eurocopter Emergency Alert Service Bulletin (EASB) No. 
01.00.60, 01.00.16, and 01.28, Revision 1, dated December 2, 2008, 
which is not incorporated by reference, contains additional 
information about the subject of this AD. For service information 
identified in this AD, contact Airbus Helicopters, Inc., 2701 N. 
Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or 
(800) 232-0323; fax (972) 641-3775. You may review a copy of the 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, 
Texas 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2008-0204R1, dated May 21, 2014. You may 
view the EASA AD on the Internet at http://www.regulations.gov in 
Docket No. FAA-2015-4112.

(j) Subject

    Joint Aircraft Service Component (JASC) Code 5310: Horizontal 
Stabilizer Structure.

    Issued in Fort Worth, Texas, on October 1, 2015.
Lance T. Gant,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2015-26229 Filed 10-16-15; 8:45 am]
 BILLING CODE 4910-13-P