[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 94942-94944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30116]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-5807; Directorate Identifier 2015-SW-063-AD; 
Amendment 39-18754; AD 2016-25-28]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Airbus 
Helicopters Model AS355NP helicopters. This AD requires removing and 
installing the fire extinguishing system pipes. This AD is prompted by 
the discovery that the left-hand and right-hand fire extinguishing 
discharge systems were incorrectly connected. The actions of this AD 
are intended to correct the unsafe condition on these products.

DATES: This AD is effective January 31, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of January 31, 
2017.

ADDRESSES: 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 http://www.airbushelicopters.com/techpub.
    You may review the referenced 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 http://www.regulations.gov by searching for and locating Docket No. 
FAA-2015-5807.

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-2015-
5807; 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) ADs, any 
incorporated-by-reference service information, the economic evaluation, 
any comments received, and other information. The street address for 
the Docket Operations Office (phone: 800-647-5527) is U.S. Department 
of Transportation, Docket Operations Office, M-30, West Building Ground 
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 
Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On April 12, 2016, at 81 FR 21493, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 by adding an AD that would apply to Airbus Helicopters 
Model AS355NP helicopters with an Arrius 1A1 fire extinguishing system 
installed. The NPRM proposed to require removing and correctly 
installing the fire extinguishing system pipes in accordance with 
Airbus Helicopters' service information and removing any placards on 
the instrument panel if installed. The proposed requirements were 
intended to correct the connections and to prevent the fire 
extinguishing system from discharging to the wrong engine compartment, 
failure of the fire extinguishing system to control a fire, and 
subsequent loss of control of the helicopter.
    The NPRM was prompted by AD No. 2011-0192-E, dated October 4, 2011, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union, to correct an unsafe condition for Eurocopter (now 
Airbus Helicopters) Model AS355NP helicopters with an Arrius 1A1 fire 
extinguishing system installed through production modification (mod) 
OP-3931.
    EASA advises that during an inspection of the engine fire 
extinguishing system on an AS355NP helicopter, the left-hand (LH) fire 
extinguisher discharge system was found connected to the right-hand 
(RH) engine compartment and the RH discharge system was connected to 
the LH engine compartment. An investigation showed that this erroneous 
installation was inherent in Eurocopter production modification (mod) 
OP-3931. According to EASA, this condition, if not detected and 
corrected, could lead to the discharge of the fire extinguisher in the 
wrong engine compartment in the event of a fire. Pending the 
development of a modified extinguishing system, EASA Emergency AD No. 
2011-0192-E required installing a placard warning the flight crew of 
the erroneous installation until the squibs on each fire extinguisher 
are exchanged.
    After EASA issued Emergency AD No. 2011-0192-E, Airbus Helicopters 
developed a permanent modification of the discharge system to 
reconfigure the position of the squibs on each fire extinguisher to 
line up with the control buttons. EASA subsequently issued superseding 
EASA AD No. 2015-0181, dated August 31, 2015, to retain the 
requirements of its previous Emergency AD and require the modification 
of the engine fire extinguishing discharge system within 12 months.

Comments

    After our NPRM (81 FR 21493, April 12, 2016) was published, we 
received two comments from Airbus Helicopters.

Request

    Airbus Helicopters requested that the proposed AD have mod 073990 
as a terminating action and exempt Model AS355NP aircraft that are 
``post mod 073990'' from the AD's requirements.
    We agree with the comment but disagree that a change to the AD is 
necessary. The AD requires compliance with the service information that 
Airbus Helicopters has identified as mod 073990. A Model AS355NP 
helicopter in a ``post mod 073990'' configuration has complied with the 
service information, and therefore has also previously complied with 
the required

[[Page 94943]]

actions of the AD under paragraph (d). We have added a note to the 
required actions to specify that the service information is the 
equivalent of Mod 073990.
    Airbus Helicopters also requested that we clarify that the AD 
requires removing and installing certain pipes and not removing and 
installing the entire fire extinguishing system.
    We agree and revised the Required Actions paragraph to clarify that 
compliance means removing and installing the pipes.

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, reviewed the relevant information, 
considered the comments received, and determined the unsafe condition 
exists and is likely to exist or develop on other helicopters of these 
same type designs and that air safety and the public interest require 
adopting the AD requirements as proposed with the changes described 
previously. These changes are consistent with the intent of the 
proposals in the NPRM (81 FR 21493, April 12, 2016) and will not 
increase the economic burden on any operator nor increase the scope of 
this AD.

Differences Between This AD and the EASA AD

    The EASA AD requires installing a placard on the instrument panel 
to warn the flight crew of the erroneous installation until the squibs 
on each fire extinguisher are exchanged, and then, within 12 months, 
removing and re-installing certain pipes in the fire extinguishing 
system to position the squibs in line with the control buttons. This AD 
does not require installation of the placards or the temporary exchange 
of the squibs. Also, this AD requires removing and re-installing the 
fire extinguisher system pipes within 600 hours time-in-service or at 
the next annual inspection, whichever occurs first.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Alert Service Bulletin No. AS355-
26.00.10, Revision 0, dated July 2, 2015 (ASB AS355-26.00.10). ASB 
AS355-26.00.10 provides procedures for removing the fire extinguishing 
system's pipes and re-installing them in a configuration where the 
squibs match the positioning of the fire extinguisher discharge heads. 
ASB AS355-26.00.10 also specifies removing any previously-affixed 
placard on the instrument panel and installing new discharge system 
pipes. Helicopters with mod 073990 installed have already complied with 
ASB AS355-26.00.10.
    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

    We also reviewed Eurocopter Emergency Alert Service Bulletin No. 
26.00.09, Revision 0, dated September 15, 2011 (EASB 26.00.09), issued 
prior to the permanent modification developed by Airbus Helicopters. 
EASB 26.00.09 provided procedures for interchanging the squibs on each 
fire extinguisher. Until this was accomplished, EASB 26.00.09 specified 
affixing a label on the instrument panel to make the flight crew aware 
of the crossed connection.

Costs of Compliance

    We estimate that this AD affects 2 helicopters of U.S. Registry and 
that labor costs average $85 per work hour. We expect that removing and 
installing the fire extinguishing system requires 24 work hours and 
required parts cost $6,367. Based on these estimates, we expect a total 
cost of $8,407 per helicopter and $16,814 for the U.S. 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 helicopters 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) 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.
    We prepared an economic evaluation of the estimated costs to comply 
with this 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.

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):

2016-25-28 Airbus Helicopters: Amendment 39-18754; Docket No. FAA-
2015-5807; Directorate Identifier 2015-SW-063-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model AS355NP helicopters, 
certificated in any category, with an Arrius 1A1 fire extinguishing 
system installed.

 (b) Unsafe Condition

    This AD defines the unsafe condition as an incorrectly connected 
fire extinguishing discharge system. This condition could result in 
the fire extinguishing system discharging to the wrong engine 
compartment, failure of the fire extinguishing system to contain a 
fire, and loss of control of the helicopter.

 (c) Effective Date

    This AD becomes effective January 31, 2017.

[[Page 94944]]

 (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 Actions

    Within 600 hours time-in-service or at the next annual 
inspection, whichever occurs first, remove and install the fire 
extinguishing system pipes, and remove any placards on the 
instrument panel if installed, in accordance with the Accomplishment 
Instructions, paragraph 3.B. and 3.B.1 through 3.B.2, of Airbus 
Helicopters Alert Service Bulletin No. AS355-26.00.10, Revision 0, 
dated July 2, 2015.

    Note 1 to paragraph (e) of this AD:  Airbus Helicopters 
identifies Alert Service Bulletin No. AS355-26.00.10, Revision 0, 
dated July 2, 2015, as mod 073990.

 (f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: George Schwab, Aviation Safety 
Engineer, Safety Management 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

    (1) Eurocopter Emergency Alert Service Bulletin No. AS-355-
26.00.09, Revision 0, dated September 15, 2011, which is not 
incorporated by reference, contains additional information about the 
subject of this final rule. 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 http://www.airbushelicopters.com/techpub. 
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, TX 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2015-0181, dated August 31, 2015. You 
may view the EASA AD on the Internet at http://www.regulations.gov 
in AD Docket No. FAA-2016-2015-5807.

 (h) Subject

    Joint Aircraft Service Component (JASC) Code: 2620, 
Extinguishing System.

 (i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin No. AS355-
26.00.10, Revision 0, dated July 2, 2015.
    (ii) Reserved.
    (3) For Airbus Helicopters service information identified in 
this AD, 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 http://www.airbushelicopters.com/techpub.
    (4) You may view this service information at 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on December 8, 2016.
Scott A Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-30116 Filed 12-23-16; 8:45 am]
 BILLING CODE 4910-13-P