[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Proposed Rules]
[Pages 56152-56154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22815]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / 
Proposed Rules  

[[Page 56152]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0994; Product Identifier 2017-SW-002-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) 
2017-14-05 for Airbus Helicopters Model SA330J helicopters. AD 2017-14-
05 requires replacing certain right-hand (RH) hydraulic pumps and is 
prompted by reports of broken screws that attach the cover of the 
hydraulic pump. This proposed AD would continue to require the same 
actions as AD 2017-14-05 but would also require replacing the left-hand 
(LH) hydraulic pump. The actions of this proposed AD are intended to 
address an unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 
20, 2019.

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-2018-
0994; 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 proposed AD, the European Aviation Safety Agency (EASA) AD, the 
economic evaluation, 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 service information identified in this proposed 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.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. You may review this referenced service information at 
the FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views. The FAA also invites 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.
    The FAA will file in the docket all comments received, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, 
the FAA will consider all comments received on or before the closing 
date for comments. The FAA will consider comments filed after the 
comment period has closed if it is possible to do so without incurring 
expense or delay. The FAA may change this proposal in light of the 
comments received.

Discussion

    The FAA issued a final rule; request for comment to AD 2017-14-05, 
Amendment 39-18949 (82 FR 31899, July 11, 2017) (``AD 2017-14-05'') for 
Airbus Helicopters Model SA330J helicopters with a LH and RH hydraulic 
pump part number (P/N) FR65WEO2005-175A with a serial number 4108, 
4141, 4177, 4227, 4241, 4284, 4377, 4422, 4570, 4573, 4574, 4641, 4649, 
4668, 4766, 4802, 4821, 4831, 4837, 4888, 4896, 4946, 4985, 5023, 5071, 
5304, 5366, 5376, 5409, 5442, 5486, 5599, 5630, 94075/01, or 94048/01 
installed. AD 2017-14-05 requires replacing the RH hydraulic pump 
within 15 hours time-in-service.
    AD 2017-14-05 was prompted by EASA Emergency AD No. 2016-264-E, 
dated December 22, 2016 (EASA AD 2016-264-E), issued by EASA, to 
correct an unsafe condition for Airbus Helicopters Model SA330J 
helicopters. EASA advises of reports of broken screws that attach the 
cover of the hydraulic pump. A subsequent investigation revealed that 
hydrogen was introduced into a batch of screws delivered between July 
1, 2015, and November 1, 2016, causing the screws to become brittle and 
lack sufficient strength. These screws were installed in a batch of 
hydraulic pumps, P/N FR65WEO2005-175A, identified by certain serial 
numbers, EASA advises. As a result, the EASA AD requires replacing the 
hydraulic pumps.
    The actions of AD 2017-14-05 were intended to prevent failure of a 
cover bolt and loss of fluid from the hydraulic pump, resulting in loss 
of the hydraulic system and subsequent loss of helicopter control.
    This NPRM would retain the requirements of AD 2017-14-05 but would 
also require replacing the LH hydraulic pump within 110 hours TIS. 
Because this proposed action would have a longer compliance time, the 
FAA is providing the public an opportunity to comment.

[[Page 56153]]

Comments

    After AD 2017-14-05 was published, the FAA received two comments 
from Airbus Helicopters.
    Airbus Helicopters requested that the FAA clarify the requirement 
in AD 2017-14-05 to only replace the RH hydraulic pump, when EASA AD 
2016-0264-E requires replacing both the RH and LH hydraulic pumps.
    The FAA agrees that the LH hydraulic pump also needs to be 
replaced. AD 2017-14-05 was issued as a final rule; request for 
comments and was effective in less than 30 days because it required 
replacing the RH hydraulic pump within a short time period. When the 
FAA issued AD 2017-14-05, the FAA explained that the compliance time 
for replacing the LH hydraulic pump allowed enough time to provide 
notice and opportunity for prior public comment. This proposed AD would 
require replacing both the RH and LH hydraulic pumps.
    Airbus Helicopters also requested that the FAA clarify whether the 
pumps listed in the Applicability of AD 2017-14-05 by P/N and serial 
number are serviceable because EASA AD 2016-264-E allows those pumps to 
be installed if repaired in accordance with Mechanics Alert Service 
Bulletin No. NM/INGE/16-140, Revision 0, dated December 22, 2016 
(Nexter ASB).
    Airbus Helicopters is correct that the pumps listed by P/N and 
serial number in the Applicability section of AD 2017-14-05 are not 
serviceable. Paragraph (e)(2) of AD 2017-14-05 prohibits installing 
those pumps on any helicopter. One of the instructions in the Nexter 
ASB is to re-identify the pump by adding a ``V'' after the serial 
number. If a pump has been repaired in accordance with the Nexter ASB, 
this AD will not apply because the pump will have a serial number that 
is not listed in the Applicability section of this AD.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA of the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determined that an 
unsafe condition is likely to exist or develop on other products of the 
same type design.

Related Service Information

    The FAA reviewed Airbus Helicopters Emergency Alert Service 
Bulletin No. SA330-29.12, Revision 0, dated December 22, 2016 (Airbus 
EASB), for Model SA330J helicopters and military model SA330L, SA330Jm, 
SA330S1, and SA330Sm helicopters. The Airbus EASB specifies removing 
Nexter Mechanics hydraulic pumps P/N FR65WEO2005-175A with certain 
serial numbers. If both the RH and LH hydraulic pumps have an affected 
P/N and serial number, the Airbus EASB specifies replacing the RH 
hydraulic pump before further flight and the LH hydraulic pump within 
110 flying hours or 6 months. If only one hydraulic pump has an 
affected P/N and serial number, the Airbus EASB specifies replacing it 
within 110 flying hours or 6 months. The Airbus EASB also specifies 
that, for 6 months after receipt of the Airbus EASB, before installing 
an affected hydraulic pump it must be ``returned to conformity'' by 
complying with Nexter ASB. After 6 months or 110 flying hours, 
whichever occurs first, the Airbus ASB states the affected hydraulic 
pumps are unfit for flight.

Proposed AD Requirements

    This proposed AD would require replacing the RH hydraulic pump 
within 15 hours TIS and replacing the LH hydraulic pump within 110 
hours TIS. This proposed AD would also prohibit installation of an 
affected hydraulic pump on any helicopter.

Costs of Compliance

    The FAA estimates that this AD would affect 24 helicopters and that 
labor costs average $85 per work-hour. Based on these estimates, the 
FAA expects that replacing two hydraulic pumps would require 4 work-
hours and parts cost $5,000 for a total cost of $5,340 per helicopter 
and $128,160 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.
    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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; 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.
    The FAA 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) 
2017-14-05, Amendment 39-18949 (82 FR 31899, July 11, 2017), and adding 
the following new AD:

Airbus Helicopters: Docket No. FAA-2018-0994; Product Identifier 
2017-SW-002-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model SA330J helicopters, 
certificated in any category, with a left-hand (LH) and a right-hand 
(RH) hydraulic pump part number FR65WEO2005-175A with a serial 
number 4108, 4141, 4177, 4227, 4241, 4284, 4377, 4422, 4570, 4573, 
4574, 4641, 4649, 4668, 4766, 4802, 4821, 4831, 4837, 4888, 4896, 
4946, 4985, 5023, 5071, 5304, 5366, 5376,

[[Page 56154]]

5409, 5442, 5486, 5599, 5630, 94075/01, or 94048/01 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a screw 
attaching the hydraulic pump cover. This condition could result in 
failure of a cover bolt and loss of fluid from the hydraulic pump, 
resulting in loss of the hydraulic system and subsequent loss of 
helicopter control.

(c) Affected ADs

    This AD replaces AD 2017-14-05, Amendment 39-18949 (82 FR 31899, 
July 11, 2017) (AD 2017-14-05).

(d) Comments Due Date

    The FAA must receive comments by December 20, 2019.

(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

    (1) Within 15 hours time-in-service (TIS) from July 26, 2017 
(the effective date of AD 2017-14-05), replace the RH hydraulic pump 
with an airworthy hydraulic pump that is not listed in paragraph (a) 
of this AD.
    (2) Within 110 hours TIS from the effective date of this AD, 
replace the LH hydraulic pump with an airworthy hydraulic pump that 
is not listed in paragraph (a) of this AD.
    (3) After the effective date of this AD, do not install on any 
helicopter a hydraulic pump that is listed in paragraph (a) of this 
AD.

(g) Special Flight Permits

    Special flight permits are prohibited.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to: 
Matt Fuller, Senior Aviation Safety Engineer, Safety Management 
Section, Rotorcraft Standards Branch, 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, the FAA suggests 
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.

(i) Additional Information

    (1) Airbus Helicopters Emergency Alert Service Bulletin No. 
SA330-29.12, Revision 0, dated December 22, 2016, and Nexter 
Mechanics Alert Service Bulletin No. NM/INGE/16-140, Revision 0, 
dated December 22, 2016, which are not incorporated by reference, 
contain additional information about the subject of this AD. For 
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.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. 
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) No. 2016-0264-E, dated December 22, 2016. You 
may view the EASA AD on the internet at http://www.regulations.gov 
in the AD Docket.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 2913, Hydraulic 
Pump (Electric/Engine) Main.

    Issued in Fort Worth, Texas, on September 10, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2019-22815 Filed 10-18-19; 8:45 am]
 BILLING CODE 4910-13-P