[Federal Register Volume 85, Number 99 (Thursday, May 21, 2020)]
[Proposed Rules]
[Pages 30891-30893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10907]


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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: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: The FAA is revising an earlier proposed airworthiness 
directive (AD) for Airbus Helicopters Model SA330J helicopters that 
proposed to require replacing certain left-hand (LH) and right-hand 
(RH) hydraulic pumps. The NPRM was prompted by reports that bolts that 
attach the cover of the hydraulic pump were broken. This action revises 
the NPRM by expanding the applicability, changing the proposed 
requirements, and correcting nomenclature. Since this imposes an 
additional burden over that proposed in the NPRM, the FAA is reopening 
the comment period to allow the public the chance to comment on these 
changes.

DATES: The FAA must receive comments on this SNPRM by July 20, 2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://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 https://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 (now European 
Union Aviation Safety Agency) (EASA) AD, 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 https://www.airbus.com/helicopters/services/technical-support.html. You may 
view the 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 notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to remove AD 2017-14-05, Amendment 39-18949 (82 FR 31899, 
July 11, 2017) (``AD 2017-14-05'') and add a new AD. AD 2017-14-05 
applies to Airbus Helicopters Model SA330J helicopters with certain 
serial-numbered LH and RH hydraulic pumps part number (P/N) 
FR65WEO2005-175A installed. EASA, which is the Technical Agent for the 
Member States of the European Union, had issued EASA Emergency AD No. 
2016-0264-E, dated December 22, 2016 (EASA AD 2016-0264-E), which 
prompted AD 2017-14-05. EASA had advised of reports of broken screws 
(bolts) that attach the cover of the hydraulic pump. Subsequent 
investigation identified a batch of screws that have intrinsic 
embrittlement and reduced mechanical properties because hydrogen was 
introduced into this batch of screws during production. Accordingly, AD 
2017-14-05 requires replacing the RH hydraulic pump within 15 hours 
time-in-service (TIS) and prohibits the installation of an affected 
hydraulic pump on any helicopter. The actions of AD 2017-14-05 are 
intended to prevent failure of a hydraulic pump cover attachment bolt, 
which could result in loss of fluid from the hydraulic pump, loss of 
the hydraulic system, and subsequent loss of control of the helicopter.
    AD 2017-14-05 requires shorter-term requirements that did not allow 
enough time to provide notice and opportunity for prior public comment. 
The NPRM was issued to add a longer-term

[[Page 30892]]

requirement that allowed enough time to provide notice and opportunity 
for prior public comment. The NPRM published in the Federal Register on 
October 21, 2019 (84 FR 56152), and proposed to require replacing an 
affected RH hydraulic pump within 15 hours TIS from July 26, 2017 (the 
effective date of AD 2017-14-05), replacing an affected LH hydraulic 
pump within 110 hours TIS, and also proposed to prohibit installing an 
affected hydraulic pump on any helicopter.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, it was determined that the NPRM 
addressed only helicopters with affected hydraulic pumps installed on 
both the LH and RH sides. However, the FAA intended to include 
helicopters that have only one affected hydraulic pump installed on 
either the LH or RH side as well. This SNPRM expands the applicability 
to include helicopters that have an affected hydraulic pump on one or 
both sides and changes the proposed requirements to address helicopters 
with an affected hydraulic pump installed on only one side. Further, 
the nomenclature of ``screw'' has been corrected to ``bolt'' in this 
SNPRM.
    Additionally, since the FAA issued the NPRM, the website address 
for Airbus Helicopters has changed.

Comments

    After the NPRM was published, the FAA received comments from two 
commenters. However, the comments addressed neither the proposed 
actions nor the determination of the cost to the public. Therefore, the 
FAA has made no changes based on these comments.

FAA's Determination

    The FAA is proposing this SNPRM after evaluating all known relevant 
information and determining that an unsafe condition is likely to exist 
or develop on other helicopters of these same type designs. Certain 
changes described above expand the scope of the original NPRM. As a 
result, the FAA has determined that it is necessary to reopen the 
comment period to provide additional opportunity for the public to 
comment on this SNPRM.

Related Service Information

    The FAA reviewed Airbus Helicopters Emergency Alert Service 
Bulletin No. SA330-29.12, Revision 0, dated December 22, 2016, which 
specifies removing Nexter Mechanics hydraulic pumps P/N FR65WEO2005-
175A with certain serial numbers (S/Ns). If both the RH and LH 
hydraulic pumps have an affected P/N and S/N, the service information 
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 S/N, the service information 
specifies replacing it within 110 flying hours or 6 months. The service 
information also specifies that, for 6 months after receipt of the 
service information, an affected hydraulic pump must be ``returned to 
conformity'' by complying with Nexter Mechanics Alert Service Bulletin 
No. NM/INGE/16-140, Revision 0, dated December 22, 2016, before 
installation.

Proposed Requirements of the SNPRM

    For helicopters with an affected hydraulic pump installed on both 
the LH and RH sides, this SNPRM would require replacing the RH 
hydraulic pump within 15 hours TIS from July 26, 2017 (the effective 
date of AD 2017-14-05) and replacing the LH hydraulic pump within 110 
hours TIS. For helicopters with an affected hydraulic pump installed on 
either the LH or RH side, this SNPRM would require replacing the 
affected hydraulic pump within 110 hours TIS. This SNPRM would also 
prohibit installation of an affected hydraulic pump on any helicopter.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 24 helicopters 
of U.S. Registry. Labor costs are estimated at $85 per work-hour. Based 
on these numbers, the FAA estimates that operators may incur the 
following costs in order to comply with this proposed AD.
    Replacing a hydraulic pump would take about 2 work-hours and parts 
would cost about $2,500 for an estimated cost of $2,670 per hydraulic 
pump.

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 has 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 above, I certify this proposed 
regulation:
    (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 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) or 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, 5409, 5442, 5486, 5599, 
5630, 94075/01, or 94048/01 installed.

[[Page 30893]]

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a bolt 
attaching the hydraulic pump cover. This condition could result in 
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 on this SNPRM by July 20, 2020.

(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) For helicopters with both a LH and RH hydraulic pump that is 
listed in paragraph (a) of this AD installed:
    (i) 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.
    (ii) 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.
    (2) For helicopters with either a LH or RH hydraulic pump that 
is listed in paragraph (a) of this AD installed, within 110 hours 
TIS from the effective date of this AD, replace the hydraulic pump 
with an airworthy hydraulic pump that is not listed in paragraph (a) 
of this AD.
    (3) After July 26, 2017 (the effective date of AD 2017-14-05), 
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 https://www.airbus.com/helicopters/services/technical-support.html. You may 
view 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 (now European Union Aviation Safety Agency) (EASA) AD 
No. 2016-0264-E, dated December 22, 2016. You may view the EASA AD 
on the internet at https://www.regulations.gov in Docket No. FAA-
2018-0994.

(j) Subject

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

    Issued on May 15, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-10907 Filed 5-20-20; 8:45 am]
 BILLING CODE 4910-13-P