[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Rules and Regulations]
[Pages 43479-43481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15624]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8032; Directorate Identifier 2016-SW-037-AD; 
Amendment 39-18578; AD 2016-12-51]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are publishing a new airworthiness directive (AD) for 
Airbus Helicopters Model AS332L2 and Model EC225LP helicopters, which 
was sent previously to all known U.S. owners and operators of these 
helicopters. This AD immediately prohibits flight of all Model AS332L2 
and EC225LP helicopters. This AD is prompted by an accident involving 
an EC225LP helicopter in which the main rotor hub (MRH) detached from 
the main gearbox (MGB). These actions are intended to prevent failure 
of the main rotor system and subsequent loss of control of the 
helicopter.

DATES: This AD becomes effective July 20, 2016 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
2016-12-51, issued on June 3, 2016, which contains the requirements of 
this AD.
    We must receive comments on this AD by September 6, 2016.

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 by searching for and locating Docket No. FAA-2016-
8032; 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 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 FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer, 
Regulations and Policy Group, Rotorcraft Directorate, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110, email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, 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 resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, 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 them 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 rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    On June 3, 2016, we issued Emergency AD 2016-12-51 to correct an 
unsafe condition for Model AS332L2 and EC225LP helicopters. Emergency 
AD 2016-12-51 immediately prohibits further flight of Model AS332L2 and 
EC225LP helicopters. The emergency AD was sent previously to all known 
U.S. owners and operators of these helicopters.
    Emergency AD 2016-12-51 was prompted by Emergency AD No. 2016-0104-
E, dated June 2, 2016, issued by EASA, which is the Technical Agent for 
the Member States of the European

[[Page 43480]]

Union, to correct an unsafe condition for Airbus Helicopters Model EC 
225 LP helicopters. Following a fatal accident in Norway in which the 
MRH detached from the MGB in-flight, EASA issued Emergency AD No. 2016-
0089-E, dated May 3, 2016, to require a one-time inspection of the MGB 
and to report findings to EASA and Airbus Helicopters. Review of the 
findings from the inspections prompted Airbus Helicopters to provide 
further inspections and replacement instructions for correctly 
installing the MGB suspension bars and attachment fittings. EASA 
subsequently issued Emergency AD No. 2016-0103-E, dated June 1, 2016, 
which superseded Emergency AD No. 2016-0089-E, and required inspecting 
the MGB suspension bar fittings and related base plate assemblies and 
replacing the attachment hardware. Soon after Emergency AD No. 2016-
0103-E was issued, a preliminary report from the Accident Investigation 
Board Norway indicated metallurgical findings of fatigue and surface 
degradation in the outer race of a second stage planet gear of the MGB 
epi-cyclic module. EASA advises that it could not be determined if the 
fatigue and surface degradation is a contributing factor or if it 
resulted from another initiating factor. Therefore, pending further 
investigation to determine the root cause of the reported damage and 
pending development of mitigating measures by Airbus Helicopters, EASA 
decided to temporarily ground the fleet as a precautionary measure and 
issued Emergency AD No. 2016-0104-E on June 2, 2016. EASA included 
Model AS 332 L2 helicopters to the applicability due to similarities in 
design that make it subject to the same unsafe condition.

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 
the EASA AD. We are issuing this AD because we evaluated all 
information provided by EASA and determined the unsafe condition exists 
and is likely to exist or develop on other helicopters of these same 
type designs.

AD Requirements

    This AD immediately prohibits flight of all Airbus Helicopters 
Model AS332L2 and EC225LP helicopters.

Interim Action

    We consider this AD to be an interim action. Once the design 
approval holder develops a modification that addresses the unsafe 
condition identified in this AD, we might consider additional 
rulemaking.

Costs of Compliance

    We estimate that this AD affects five helicopters of U.S. Registry. 
There are no costs of compliance with this AD because there are no 
required maintenance actions.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD requirements would delay implementing the safety actions 
needed to address this known unsafe condition. Therefore, we find the 
risk to the flying public justifies waiving notice and comment prior to 
the adoption of this rule because the previously described unsafe 
condition can adversely affect the airworthiness of the helicopter and 
the prohibition of all flights must begin immediately.
    Since it was found that immediate action was required, notice and 
opportunity for prior public comment before issuing this AD were 
impracticable and contrary to the public interest and good cause 
existed for making Emergency AD 2016-12-51 effective immediately on 
June 3, 2016, to all known U.S. operators of the specified Airbus 
helicopters. These conditions still exist and the Emergency AD is 
hereby published in the Federal Register as an amendment to Sec.  39.13 
of the Federal Aviation Regulations (14 CFR 39.13) to make it effective 
to all persons.

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 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, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under 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.

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

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 adding the following new airworthiness 
directive (AD):

2016-12-51 Airbus Helicopters: Amendment 39-18578; Docket No. FAA-
2016-8032; Directorate Identifier 2016-SW-037-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model AS332L2 and Model 
EC225LP helicopters, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of the main 
rotor system, which will result in loss of control of the 
helicopter.

(c) Effective Date

    This AD becomes effective July 20, 2016 to all persons except 
those persons to whom it was made immediately effective by Emergency 
AD 2016-12-51 issued on June 3,

[[Page 43481]]

2016, which contains the requirements of this AD.

(d) 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.

(e) Required Action

    Further flight is prohibited.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Gary Roach, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 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.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) Emergency AD 2016-0104-E, dated June 2, 2016. You may 
view the EASA AD on the Internet at http://www.regulations.gov by 
searching for and locating it in Docket No. FAA-2016-8032.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: Main Rotor 
Gearbox: 6320.

    Issued in Fort Worth, Texas, on June 23, 2016.
James A. Grigg,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-15624 Filed 7-1-16; 8:45 am]
BILLING CODE 4910-13-P