Airworthiness Directives; Airbus Helicopters, 74982-74985 [2015-30274]

Download as PDF 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: mstockstill on DSK4VPTVN1PROD with RULES ■ 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. VerDate Sep<11>2014 18:38 Nov 30, 2015 Jkt 238001 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’’. ■ PO 00000 Frm 00018 Fmt 4700 [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: Sfmt 4700 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: E:\FR\FM\01DER1.SGM 01DER1 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES 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 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–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 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. VerDate Sep<11>2014 18:38 Nov 30, 2015 Jkt 238001 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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 E:\FR\FM\01DER1.SGM 01DER1 74984 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations 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. mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Sep<11>2014 18:38 Nov 30, 2015 Jkt 238001 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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: E:\FR\FM\01DER1.SGM 01DER1 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. mstockstill on DSK4VPTVN1PROD with RULES (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. VerDate Sep<11>2014 18:38 Nov 30, 2015 Jkt 238001 (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 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. 2015–0178, dated August 26, 2015. You may view the EASA AD on the Internet at http://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 http:// 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]


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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.

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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 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-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 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.

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 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. 2015-0178, dated August 26, 2015. You 
may view the EASA AD on the Internet at http://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