Airworthiness Directives; Airbus Helicopters, 74982-74985 [2015-30274]
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74982
§ 81.3
Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations
[Amended]
§ 110.4
[Amended]
91. In § 110.4, remove the phrase
‘‘Office of Information Services’’ and
add in its place the phrase ‘‘Office of the
Chief Information Officer’’.
■
85. In § 81.3, remove the phrase
‘‘Office of Information Services’’ and
add in its place the phrase ‘‘Office of the
Chief Information Officer’’.
■
PART 95—FACILITY SECURITY
CLEARANCE AND SAFEGUARDING
OF NATIONAL SECURITY
INFORMATION AND RESTRICTED
DATA
PART 140—FINANCIAL PROTECTION
REQUIREMENTS AND INDEMNITY
AGREEMENTS
92. The authority citation for part 140
continues to read as follows:
■
86. The authority citation for part 95
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 145, 161, 223, 234 (42 U.S.C. 2165,
2201, 2273, 2282); Energy Reorganization Act
of 1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C.
3504 note; E.O. 10865, as amended, 25 FR
1583, 3 CFR, 1959–1963 Comp., p. 398; E.O.
12829, 58 FR 3479, 3 CFR, 1993 Comp., p.
570; E.O. 12968, 60 FR 40245, 3 CFR, 1995
Comp., p. 391; E.O. 13526, 75 FR 707, 3 CFR,
2009 Comp., p. 298.
§ 95.9
[Amended]
87. In § 95.9, paragraph (c), remove
the phrase ‘‘Office of Information
Services’’ and add in its place the
phrase ‘‘Office of the Chief Information
Officer’’.
■
PART 100—REACTOR SITE CRITERIA
88. The authority citation for part 100
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 103, 104, 161, 182 (42 U.S.C. 2133,
2134, 2201, 2232); Energy Reorganization Act
of 1974, secs. 201, 202 (42 U.S.C. 5841,
5842); 44 U.S.C. 3504 note.
§ 100.4
[Amended]
89. In § 100.4, remove the phrase
‘‘Office of Information Services’’ and
add in its place the phrase ‘‘Office of the
Chief Information Officer’’.
■
PART 110—EXPORT AND IMPORT OF
NUCLEAR EQUIPMENT AND
MATERIAL
90. The authority citation for part 110
continues to read as follows:
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■
Authority: Atomic Energy Act of 1954,
secs. 11, 51, 53, 54, 57, 62, 63, 64, 65, 81,
82, 103, 104, 109, 111, 121, 122, 123, 124,
126, 127, 128, 129, 133, 134, 161, 170H, 181,
182, 183, 184, 186, 187, 189, 223, 234 (42
U.S.C. 2014, 2071, 2073, 2074, 2077, 2092,
2093, 2094, 2095, 2111, 2112, 2133, 2134,
2139, 2141, 2151, 2152, 2153, 2154, 2155,
2156, 2157, 2158, 2160c, 216d, 2201, 2210h,
2231, 2232, 2233, 2234, 2236, 2237, 2239,
2273, 2282); Energy Reorganization Act of
1974, sec. 201 (42 U.S.C. 5841);
Administrative Procedure Act (5 U.S.C. 552,
553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504
note.
Section 110.1(b) also issued under 22
U.S.C. 2403; 22 U.S.C. 2778a; 50 App.
U.S.C. 2401 et seq.
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PART 171—ANNUAL FEES FOR
REACTOR LICENSES AND FUEL
CYCLE LICENSES AND MATERIAL
LICENSES, INCLUDING HOLDERS OF
CERTIFICATES OF COMPLIANCE,
REGISTRATIONS, AND QUALITY
ASSURANCE PROGRAM APPROVALS
AND GOVERNMENT AGENCIES
LICENSED BY THE NRC
■
Authority: Atomic Energy Act of 1954,
secs. 161, 170, 223, 234 (42 U.S.C. 2201,
2210, 2273, 2282); Energy Reorganization Act
of 1974, secs. 201, 202 (42 U.S.C. 5841,
5842); 44 U.S.C. 3504 note.
Authority: Atomic Energy Act of 1954,
secs. 11, 161(w), 223, 234 (42 U.S.C. 2014,
2201(w), 2273, 2282); Energy Reorganization
Act of 1974, sec. 201 (42 U.S.C. 5841); 42
U.S.C. 2214; 44 U.S.C. 3504 note.
§ 140.5
§ 171.9
[Amended]
93. In § 140.5, remove the phrase
‘‘Office of Information Services’’ and
add in its place the phrase ‘‘Office of the
Chief Information Officer’’.
■
PART 150—EXEMPTIONS AND
CONTINUED REGULATORY
AUTHORITY IN AGREEMENT STATES
AND IN OFFSHORE WATERS UNDER
SECTION 274
94. The authority citation for part 150
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 11, 53, 81, 83, 84, 122, 161, 181, 223,
234, 274 (42 U.S.C. 2014, 2201, 2231, 2273,
2282, 2021); Energy Reorganization Act of
1974, sec. 201 (42 U.S.C. 5841); Nuclear
Waste Policy Act of 1982, secs. 135, 141 (42
U.S.C. 10155, 10161; 44 U.S.C. 3504 note.
§ 150.4
[Amended]
95. In § 150.4, remove the phrase
‘‘Office of Information Services’’ and
add in its place the phrase ‘‘Office of the
Chief Information Officer’’.
■
§ 150.15a
96. In § 150.15a, paragraph (b)(6),
remove the word ‘‘tribe’’ wherever it
may occur, and add in its place the
word ‘‘Tribe’’.
PART 170—FEES FOR FACILITIES,
MATERIALS, IMPORT AND EXPORT
LICENSES, AND OTHER
REGULATORY SERVICES UNDER THE
ATOMIC ENERGY ACT OF 1954, AS
AMENDED
97. The authority citation for part 170
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 11, 161(w) (42 U.S.C. 2014, 2201(w));
Energy Reorganization Act of 1974, sec. 201
(42 U.S.C. 5841); 42 U.S.C. 2214; 31 U.S.C.
901, 902, 9701; 44 U.S.C. 3504 note.
[Amended]
98. In § 170.5, remove the phrase
‘‘Office of Information Services’’ and
add in its place the phrase ‘‘Office of the
Chief Information Officer’’.
■
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[Amended]
100. In § 171.9, remove the phrase
‘‘Office of Information Services’’ and
add in its place the phrase ‘‘Office of the
Chief Information Officer’’.
■
Dated at Rockville, Maryland, this 20th day
of November, 2015.
For the Nuclear Regulatory Commission.
Helen Chang,
Acting Chief, Rules, Announcements, and
Directives Branch, Division of Administrative
Services, Office of Administration.
[FR Doc. 2015–30153 Filed 11–30–15; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–5806; Directorate
Identifier 2015–SW–083–AD; Amendment
39–18331; AD 2015–22–53]
RIN 2120–AA64
[Amended]
■
§ 170.5
99. The authority citation for part 171
continues to read as follows:
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Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
We are publishing a new
airworthiness directive (AD) for Airbus
Helicopters Model AS350B3
helicopters. This AD was sent
previously to all known U.S. owners
and operators of these helicopters and
supersedes Emergency AD 2015–22–52,
dated October 28, 2015. This AD
requires revising the rotorcraft flight
manual (RFM) to stop performing the
yaw load compensator check during
preflight procedures and instead
perform it during post-flight procedures
after rotor shut-down. This AD also
requires the yaw servo hydraulic switch
SUMMARY:
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to be in the ‘‘ON’’ position before taking
off. This AD is prompted by two
accidents and one incident of Airbus
Helicopters Model AS350B3
helicopters. From preliminary
investigations, loss of tail rotor (T/R)
control during takeoff was evident in
each event. These actions are intended
to prevent takeoff without hydraulic
pressure in the T/R hydraulic system,
loss of T/R flight control, and
subsequent loss of control of the
helicopter.
DATES: This AD becomes effective
December 16, 2015 to all persons except
those persons to whom it was made
immediately effective by Emergency AD
2015–22–53, issued on October 30,
2015, which contains the requirements
of this AD.
We must receive comments on this
AD by February 1, 2016.
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–2015–
5806; 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 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.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.
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FOR FURTHER INFORMATION CONTACT:
Stephen Barbini, Flight Test Engineer,
Regulations and Policy Group,
Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy, Fort Worth, TX 76177;
telephone (817) 222–5110; email
stephen.barbini@faa.gov.
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 October 28, 2015 we issued
Emergency AD 2015–22–52 for Airbus
Helicopters Model AS350B3 helicopters
with a dual hydraulic system that
prohibited performing the yaw load
compensator check (collective switch)
during preflight procedures and instead
required performing it during post-flight
procedures. Emergency AD 2015–22–52
also required the yaw servo hydraulic
switch (collective switch) to be in the
‘‘ON’’ (forward) position before taking
off. Emergency AD 2015–22–52 was sent
previously to all known U.S. owners
and operators of these helicopters. The
actions in Emergency AD 2015–22–52
were intended to prevent takeoff
without hydraulic pressure in the T/R
hydraulic system, loss of T/R flight
control, and subsequent loss of control
of the helicopter.
Emergency AD 2015–22–52 was
prompted by two accidents and one
incident of Airbus Helicopters Model
AS350B3 helicopters with a dual
hydraulic system installed. From
preliminary investigations, loss of T/R
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74983
control during takeoff was evident in
each event. Each event experienced a
counterclockwise rotational yaw
immediately after takeoff. It was also
noted that the anti-torque pedals felt
jammed or locked in the neutral
position by the pilots in the two nonfatal events. The conditions in the
events are indicative of takeoffs without
hydraulic T/R assistance caused by a
lack of pressure in the T/R hydraulic
system. When taking off without T/R
hydraulic assistance with the switch on
the collective grip in the ‘‘OFF’’ (aft)
position, the yaw load compensator
remains discharged and degrades the T/
R hydraulic system, which significantly
increases the pilot T/R control load and
prevents sufficient T/R thrust for
takeoff.
Based on the accidents and incident,
EASA, which is the Technical Agent for
the Member States of the European
Union, issued EASA AD No. 2015–0178,
dated August 26, 2015, to correct an
unsafe condition for Airbus Helicopters
Model AS 350 B3 helicopters, equipped
with a dual hydraulic system identified
as modification OP 3082 or OP 3346.
EASA advises of a perceived loss of T/
R control that mimics jamming during
take-off if the T/R hydraulic preflight
checks are not performed in accordance
with the checklist in the RFM.
According to EASA, performing the T/
R hydraulic preflight checks improperly
may result in reduced function of the T/
R hydraulic system, thereby
significantly increasing the T/R control
load for the pilot.
After we issued Emergency AD 2015–
22–52, we received comments noting an
error in terminology and a defect in
reporting compliance that resulted in
confusion in how to comply with
Emergency AD 2015–22–52.
Specifically, we referred to the
collective switch for the yaw load
compensator check, when we should
have referred to the ACCU TST switch.
Activating the collective switch after
rotor shut-down will have no effect due
to the absence of hydraulic pressure in
the system. We also omitted a method
of recording compliance. Therefore, on
October 30, 2015, we issued Emergency
AD 2015–22–53 to supersede
Emergency AD 2015–22–52 to correct
the error in terminology and the defect
in recording compliance. Emergency AD
2015–22–53 requires revising the
normal operating procedures section of
the RFM to prohibit performing the yaw
load compensator check (ACCU TST
switch) during preflight procedures and
instead require performing it during
post-flight procedures after rotor shutdown. Emergency AD 2015–22–53 also
requires revising the RFM to state that
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compensator check during post-flight
procedures after rotor shut-down. This
AD also requires revising the RFM to
state that the yaw servo hydraulic
switch (collective switch) must be in the
‘‘ON’’ (forward) position before taking
off.
FAA’s Determination
This helicopter has been approved by
the aviation authority of France and is
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
this same type design.
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the yaw servo hydraulic switch
(collective switch) must be in the ‘‘ON’’
(forward) position before taking off.
Emergency AD 2015–22–53 was also
sent previously to all known U.S.
owners and operators of these
helicopters.
Differences Between This AD and the
EASA AD
The EASA AD requires revising the
RFM by incorporating procedures
contained in Airbus Helicopters Service
Bulletin No. AS350–67.00.66, Revision
0, dated August 26, 2015, and informing
all flight crew of the RFM changes. This
AD requires revising the RFM by
inserting a copy of this AD or by making
pen and ink changes.
Related Service Information
Airbus Helicopters issued Service
Bulletin No. AS350–67.00.66, Revision
1, dated October 22, 2015 (SB AS350–
67.00.66), which specifies inserting
specific pages of the bulletin into the
RFM. These pages revise the preflight
and post-flight hydraulic checks by
moving the T/R yaw load compensator
check from preflight to post-flight.
These pages also revise terminology
within the flight manuals for the
different engine configurations.
Airbus Helicopters also issued Safety
Information Notice No. 2944–S–29,
Revision 0, dated August 26, 2015 (SIN
2944–S–29), which warns that
attempting to take off without T/R
hydraulic assistance (which may be
caused by the yaw servo hydraulic
switch on the collective grip in the
‘‘OFF’’ (aft) position) might be
incorrectly perceived as T/R control
failure (jam), which could lead to loss
of control of the helicopter if not
quickly identified and corrected. SIN
2944–S–29 also advises of the RFM
update that revises the run-up hydraulic
check starting procedures to no longer
specify ‘‘pressing’’ the yaw servo
hydraulic switch. To mitigate this
potential error, the yaw load
compensator check has been moved
from preflight to post-flight procedures.
Further, SIN 2944–S–29 states the yaw
servo hydraulic switch, which is located
on the collective grip, is also called the
hydraulic pressure switch or hydraulic
cut off switch in various RFMs.
AD Requirements
This AD requires, before further flight,
revising the RFM to stop performing the
yaw load compensator check (ACCU
TST switch) during preflight procedures
and instead perform the yaw load
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Interim Action
We consider this AD to be an interim
action. The design approval holder is
currently developing a terminating
action that will address the unsafe
condition identified in this AD. Once
this terminating action is developed,
approved, and available, we might
consider additional rulemaking.
Costs of Compliance
We estimate that this AD affects 427
helicopters of U.S. Registry. We estimate
that operators may incur the following
costs in order to comply with this AD
at an average labor rate of $85 per workhour. It takes about 0.5 work-hour to
revise an RFM for a cost of $43 per
helicopter and $18,361 for the U.S. fleet.
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 correct this known unsafe condition.
Therefore, we found and continue to
find that 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
controllability of the helicopter and the
initial required action must be
accomplished before further flight.
Since it was found that immediate
corrective action was required, notice
and opportunity for prior public
comment before issuing this AD were
impracticable and contrary to public
interest and good cause existed to make
the AD effective immediately by
Emergency AD 2015–22–53, issued on
October 30, 2015, to all known U.S.
owners and operators of these
helicopters. These conditions still exist
and the AD is hereby published in the
Federal Register as an amendment to
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section 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.
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:
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Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2015–22–53 Airbus Helicopters:
Amendment 39–18331; Docket No.
FAA–2015–5806; Directorate Identifier
2015–SW–083–AD.
(a) Applicability
This AD applies to Airbus Helicopters
Model AS350B3 helicopters with a dual
hydraulic system installed, certificated in
any category.
Note 1 to paragraph (a) of this AD: The
dual hydraulic system for Model AS350B3
helicopters is referred to as Airbus
modification OP 3082 or OP 3346.
(b) Unsafe Condition
This AD defines the unsafe condition as
lack of hydraulic pressure in a tail rotor (T/
R) hydraulic system. This condition could
result in loss of T/R flight control and
subsequent loss of control of the helicopter.
(c) Affected ADs
This AD supersedes Emergency AD 2015–
22–52, Directorate Identifier 2015–SW–074–
AD, dated October 28, 2015.
(d) Effective Date
This AD becomes effective December 16,
2015 to all persons except those persons to
whom it was made immediately effective by
Emergency AD 2015–22–53, issued on
October 30, 2015, which contains the
requirements of this AD.
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(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, insert a copy of this
AD into the rotorcraft flight manual, Section
4 Normal Operating Procedures, or make pen
and ink changes to the preflight and postflight procedures as follows:
(1) Stop performing the yaw load
compensator check (ACCU TST switch)
during preflight procedures, and instead
perform the yaw load compensator check
during post-flight procedures after rotor shutdown.
(2) The yaw servo hydraulic switch
(collective switch) must be in the ‘‘ON’’
(forward) position before takeoff.
Note 2 to paragraph (f)(2) of this AD: The
yaw servo hydraulic switch is also called the
hydraulic pressure switch or hydraulic cut
off switch in various Airbus Helicopters
rotorcraft flight manuals.
(g) Special Flight Permits
Special flight permits are prohibited.
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(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: Stephen Barbini,
Flight Test Engineer, Regulations and Policy
Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy, Fort Worth, TX 76177;
telephone (817) 222–5110; email 9-ASWFTW-AMOC-Requests@faa.gov.
(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.
(i) Additional Information
(1) Airbus Helicopters Service Bulletin No.
AS350–67.00.66, Revision 1, dated October
22, 2015, and Airbus Helicopters Safety
Information Notice No. 2944–S–29, Revision
0, dated August 26, 2015, 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.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. 2015–0178, dated August 26, 2015. You
may view the EASA AD on the Internet at
https://www.regulations.gov by searching for
and locating it in Docket No. FAA–2015–
5806.
(j) Subject
Joint Aircraft Service Component (JASC)
Code: 2910, Main Hydraulic System.
74985
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Final rule; delay of effectiveness
for discharge requirements with regard
to Coast Guard activities.
The National Oceanic and
Atmospheric Administration (NOAA)
expanded the boundaries of Gulf of the
Farallones National Marine Sanctuary
(now renamed Greater Farallones
National Marine Sanctuary or GFNMS)
and Cordell Bank National Marine
Sanctuary (CBNMS) to an area north
and west of their previous boundaries
with a final rule published on March 12,
2015. The Final Rule entered into effect
on June 9, 2015. At that time, NOAA
postponed the effectiveness of the
discharge requirements in both
sanctuaries’ regulations with regard to
U.S. Coast Guard activities for 6 months.
This document extends the
postponement of the discharge
requirements for these activities for
another 6 months to provide adequate
time for completion of an environmental
assessment, and subsequent rulemaking,
as appropriate.
DATES: The effectiveness for the
discharge requirements in both CBNMS
and GFNMS expansion areas with
regard to U.S. Coast Guard activities is
June 9, 2016.
ADDRESSES: Copies of the FEIS, final
management plans, and the final rule
published on March 12, 2015 can be
viewed or downloaded at https://
farallones.noaa.gov/manage/expansion_
cbgf.html.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–30274 Filed 11–30–15; 8:45 am]
Maria Brown, Greater Farallones
National Marine Sanctuary
Superintendent, at Maria.Brown@
noaa.gov or 415–561–6622; or Dan
Howard, Cordell Bank National Marine
Sanctuary Superintendent, at
Dan.Howard@noaa.gov or 415–464–
5260.
BILLING CODE 4910–13–P
SUPPLEMENTARY INFORMATION:
Issued in Fort Worth, Texas, on November
13, 2015.
Lance T. Gant,
Manager, Rotorcraft Directorate, Aircraft
Certification Service.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
Notice of Delay of Discharge
Requirements for U.S. Coast Guard
Activities in Greater Farallones and
Cordell Bank National Marine
Sanctuaries
Office of National Marine
Sanctuaries (ONMS), National Ocean
AGENCY:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
On March
12, 2015, NOAA expanded the
boundaries of Gulf of the Farallones
National Marine Sanctuary (now
renamed Greater Farallones National
Marine Sanctuary or GFNMS) and
Cordell Bank National Marine Sanctuary
(CBNMS) to an area north and west of
their previous boundaries with a final
rule (80 FR 13078). The Final Rule
entered into effect on June 9, 2015 (80
FR 34047). At that time, NOAA
postponed the effectiveness of the
discharge requirements in both
sanctuaries’ regulations with regard to
U.S. Coast Guard (USCG) activities for 6
months.
E:\FR\FM\01DER1.SGM
01DER1
]]>Agencies
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Rules and Regulations]
[Pages 74982-74985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30274]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-5806; Directorate Identifier 2015-SW-083-AD;
Amendment 39-18331; AD 2015-22-53]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are publishing a new airworthiness directive (AD) for
Airbus Helicopters Model AS350B3 helicopters. This AD was sent
previously to all known U.S. owners and operators of these helicopters
and supersedes Emergency AD 2015-22-52, dated October 28, 2015. This AD
requires revising the rotorcraft flight manual (RFM) to stop performing
the yaw load compensator check during preflight procedures and instead
perform it during post-flight procedures after rotor shut-down. This AD
also requires the yaw servo hydraulic switch
[[Page 74983]]
to be in the ``ON'' position before taking off. This AD is prompted by
two accidents and one incident of Airbus Helicopters Model AS350B3
helicopters. From preliminary investigations, loss of tail rotor (T/R)
control during takeoff was evident in each event. These actions are
intended to prevent takeoff without hydraulic pressure in the T/R
hydraulic system, loss of T/R flight control, and subsequent loss of
control of the helicopter.
DATES: This AD becomes effective December 16, 2015 to all persons
except those persons to whom it was made immediately effective by
Emergency AD 2015-22-53, issued on October 30, 2015, which contains the
requirements of this AD.
We must receive comments on this AD by February 1, 2016.
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-2015-
5806; 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 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.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.
FOR FURTHER INFORMATION CONTACT: Stephen Barbini, Flight Test Engineer,
Regulations and Policy Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email
stephen.barbini@faa.gov.
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 October 28, 2015 we issued Emergency AD 2015-22-52 for Airbus
Helicopters Model AS350B3 helicopters with a dual hydraulic system that
prohibited performing the yaw load compensator check (collective
switch) during preflight procedures and instead required performing it
during post-flight procedures. Emergency AD 2015-22-52 also required
the yaw servo hydraulic switch (collective switch) to be in the ``ON''
(forward) position before taking off. Emergency AD 2015-22-52 was sent
previously to all known U.S. owners and operators of these helicopters.
The actions in Emergency AD 2015-22-52 were intended to prevent takeoff
without hydraulic pressure in the T/R hydraulic system, loss of T/R
flight control, and subsequent loss of control of the helicopter.
Emergency AD 2015-22-52 was prompted by two accidents and one
incident of Airbus Helicopters Model AS350B3 helicopters with a dual
hydraulic system installed. From preliminary investigations, loss of T/
R control during takeoff was evident in each event. Each event
experienced a counterclockwise rotational yaw immediately after
takeoff. It was also noted that the anti-torque pedals felt jammed or
locked in the neutral position by the pilots in the two non-fatal
events. The conditions in the events are indicative of takeoffs without
hydraulic T/R assistance caused by a lack of pressure in the T/R
hydraulic system. When taking off without T/R hydraulic assistance with
the switch on the collective grip in the ``OFF'' (aft) position, the
yaw load compensator remains discharged and degrades the T/R hydraulic
system, which significantly increases the pilot T/R control load and
prevents sufficient T/R thrust for takeoff.
Based on the accidents and incident, EASA, which is the Technical
Agent for the Member States of the European Union, issued EASA AD No.
2015-0178, dated August 26, 2015, to correct an unsafe condition for
Airbus Helicopters Model AS 350 B3 helicopters, equipped with a dual
hydraulic system identified as modification OP 3082 or OP 3346. EASA
advises of a perceived loss of T/R control that mimics jamming during
take-off if the T/R hydraulic preflight checks are not performed in
accordance with the checklist in the RFM. According to EASA, performing
the T/R hydraulic preflight checks improperly may result in reduced
function of the T/R hydraulic system, thereby significantly increasing
the T/R control load for the pilot.
After we issued Emergency AD 2015-22-52, we received comments
noting an error in terminology and a defect in reporting compliance
that resulted in confusion in how to comply with Emergency AD 2015-22-
52. Specifically, we referred to the collective switch for the yaw load
compensator check, when we should have referred to the ACCU TST switch.
Activating the collective switch after rotor shut-down will have no
effect due to the absence of hydraulic pressure in the system. We also
omitted a method of recording compliance. Therefore, on October 30,
2015, we issued Emergency AD 2015-22-53 to supersede Emergency AD 2015-
22-52 to correct the error in terminology and the defect in recording
compliance. Emergency AD 2015-22-53 requires revising the normal
operating procedures section of the RFM to prohibit performing the yaw
load compensator check (ACCU TST switch) during preflight procedures
and instead require performing it during post-flight procedures after
rotor shut-down. Emergency AD 2015-22-53 also requires revising the RFM
to state that
[[Page 74984]]
the yaw servo hydraulic switch (collective switch) must be in the
``ON'' (forward) position before taking off. Emergency AD 2015-22-53
was also sent previously to all known U.S. owners and operators of
these helicopters.
FAA's Determination
This helicopter has been approved by the aviation authority of
France and is 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 this same
type design.
Related Service Information
Airbus Helicopters issued Service Bulletin No. AS350-67.00.66,
Revision 1, dated October 22, 2015 (SB AS350-67.00.66), which specifies
inserting specific pages of the bulletin into the RFM. These pages
revise the preflight and post-flight hydraulic checks by moving the T/R
yaw load compensator check from preflight to post-flight. These pages
also revise terminology within the flight manuals for the different
engine configurations.
Airbus Helicopters also issued Safety Information Notice No. 2944-
S-29, Revision 0, dated August 26, 2015 (SIN 2944-S-29), which warns
that attempting to take off without T/R hydraulic assistance (which may
be caused by the yaw servo hydraulic switch on the collective grip in
the ``OFF'' (aft) position) might be incorrectly perceived as T/R
control failure (jam), which could lead to loss of control of the
helicopter if not quickly identified and corrected. SIN 2944-S-29 also
advises of the RFM update that revises the run-up hydraulic check
starting procedures to no longer specify ``pressing'' the yaw servo
hydraulic switch. To mitigate this potential error, the yaw load
compensator check has been moved from preflight to post-flight
procedures. Further, SIN 2944-S-29 states the yaw servo hydraulic
switch, which is located on the collective grip, is also called the
hydraulic pressure switch or hydraulic cut off switch in various RFMs.
AD Requirements
This AD requires, before further flight, revising the RFM to stop
performing the yaw load compensator check (ACCU TST switch) during
preflight procedures and instead perform the yaw load compensator check
during post-flight procedures after rotor shut-down. This AD also
requires revising the RFM to state that the yaw servo hydraulic switch
(collective switch) must be in the ``ON'' (forward) position before
taking off.
Differences Between This AD and the EASA AD
The EASA AD requires revising the RFM by incorporating procedures
contained in Airbus Helicopters Service Bulletin No. AS350-67.00.66,
Revision 0, dated August 26, 2015, and informing all flight crew of the
RFM changes. This AD requires revising the RFM by inserting a copy of
this AD or by making pen and ink changes.
Interim Action
We consider this AD to be an interim action. The design approval
holder is currently developing a terminating action that will address
the unsafe condition identified in this AD. Once this terminating
action is developed, approved, and available, we might consider
additional rulemaking.
Costs of Compliance
We estimate that this AD affects 427 helicopters of U.S. Registry.
We estimate that operators may incur the following costs in order to
comply with this AD at an average labor rate of $85 per work-hour. It
takes about 0.5 work-hour to revise an RFM for a cost of $43 per
helicopter and $18,361 for the U.S. fleet.
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 correct this known unsafe condition. Therefore, we found and
continue to find that 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
controllability of the helicopter and the initial required action must
be accomplished before further flight.
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment before issuing this AD
were impracticable and contrary to public interest and good cause
existed to make the AD effective immediately by Emergency AD 2015-22-
53, issued on October 30, 2015, to all known U.S. owners and operators
of these helicopters. These conditions still exist and the AD is hereby
published in the Federal Register as an amendment to section 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.
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:
[[Page 74985]]
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):
2015-22-53 Airbus Helicopters: Amendment 39-18331; Docket No. FAA-
2015-5806; Directorate Identifier 2015-SW-083-AD.
(a) Applicability
This AD applies to Airbus Helicopters Model AS350B3 helicopters
with a dual hydraulic system installed, certificated in any
category.
Note 1 to paragraph (a) of this AD: The dual hydraulic system
for Model AS350B3 helicopters is referred to as Airbus modification
OP 3082 or OP 3346.
(b) Unsafe Condition
This AD defines the unsafe condition as lack of hydraulic
pressure in a tail rotor (T/R) hydraulic system. This condition
could result in loss of T/R flight control and subsequent loss of
control of the helicopter.
(c) Affected ADs
This AD supersedes Emergency AD 2015-22-52, Directorate
Identifier 2015-SW-074-AD, dated October 28, 2015.
(d) Effective Date
This AD becomes effective December 16, 2015 to all persons
except those persons to whom it was made immediately effective by
Emergency AD 2015-22-53, issued on October 30, 2015, which contains
the requirements of this AD.
(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, insert a copy of this AD into the
rotorcraft flight manual, Section 4 Normal Operating Procedures, or
make pen and ink changes to the preflight and post-flight procedures
as follows:
(1) Stop performing the yaw load compensator check (ACCU TST
switch) during preflight procedures, and instead perform the yaw
load compensator check during post-flight procedures after rotor
shut-down.
(2) The yaw servo hydraulic switch (collective switch) must be
in the ``ON'' (forward) position before takeoff.
Note 2 to paragraph (f)(2) of this AD: The yaw servo hydraulic
switch is also called the hydraulic pressure switch or hydraulic cut
off switch in various Airbus Helicopters rotorcraft flight manuals.
(g) Special Flight Permits
Special flight permits are prohibited.
(h) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Stephen Barbini, Flight Test
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110;
email 9-ASW-FTW-AMOC-Requests@faa.gov.
(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.
(i) Additional Information
(1) Airbus Helicopters Service Bulletin No. AS350-67.00.66,
Revision 1, dated October 22, 2015, and Airbus Helicopters Safety
Information Notice No. 2944-S-29, Revision 0, dated August 26, 2015,
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.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. 2015-0178, dated August 26, 2015. You
may view the EASA AD on the Internet at https://www.regulations.gov
by searching for and locating it in Docket No. FAA-2015-5806.
(j) Subject
Joint Aircraft Service Component (JASC) Code: 2910, Main
Hydraulic System.
Issued in Fort Worth, Texas, on November 13, 2015.
Lance T. Gant,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2015-30274 Filed 11-30-15; 8:45 am]
BILLING CODE 4910-13-P
