Airworthiness Directives; Airbus Helicopters (Previously Eurocopter France) Helicopters, 95854-95857 [2016-30020]

Download as PDF 95854 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Appendix B to Part 2641—Agency Components for Purposes of 18 U.S.C. 207(c) Congressional Review Act * The final rule is not a major rule as defined in 5 U.S.C. chapter 8, Congressional Review of Agency Rulemaking. Parent: Department of Labor Components: Bureau of Labor Statistics. Employee Benefits Security Administration (formerly Pension and Welfare Benefits Administration) (effective May 16, 1997). Employment and Training Administration. Employment Standards Administration. Mine Safety and Health Administration. Occupational Safety and Health Administration. Office of Disability Employment Policy (effective January 30, 2003). Office of Federal Contract Compliance Programs (effective December 29, 2016). Office of Labor Management Standards (effective December 29, 2016). Office of Workers’ Compensation Programs (effective December 29, 2016). Pension Benefit Guaranty Corporation (effective May 25, 2011). Wage and Hour Division (effective December 29, 2016). Executive Orders 12866 and 13563 In promulgating this final rule, the Office of Government Ethics has adhered to the regulatory philosophy and the applicable principles of regulation set forth in Executive Orders 12866 and 13563. This rule has not been reviewed by the Office of Management and Budget under Executive Order 12866 because it is not a ‘‘significant’’ regulatory action for the purposes of that order. Executive Order 12988 As Director of the Office of Government Ethics, I have reviewed this final rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. List of Subjects in 5 CFR Part 2641 Conflict of interests, Government employees. Approved: December 22, 2016. Walter M. Shaub, Jr., Director,Office of Government Ethics. Accordingly, for the reasons set forth in the preamble, the Office of Government Ethics is amending 5 CFR part 2641 as set forth below: PART 2641—POST-EMPLOYMENT CONFLICT OF INTEREST RESTRICTIONS * * * * * * * * * Parent: Department of Transportation Components: Federal Aviation Administration. Federal Highway Administration. Federal Motor Carrier Safety Administration (effective January 30, 2003). Federal Railroad Administration. Federal Transit Administration. Maritime Administration. National Highway Traffic Safety Administration. Pipeline and Hazardous Materials Safety Administration (effective December 29, 2016). Saint Lawrence Seaway Development Corporation. Surface Transportation Board (effective May 16, 1997). * * * * * [FR Doc. 2016–31457 Filed 12–28–16; 8:45 am] 1. The authority citation for part 2641 continues to read as follows: BILLING CODE 6345–03–P ■ Authority: 5 U.S.C. app. (Ethics in Government Act of 1978); 18 U.S.C. 207; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. DEPARTMENT OF TRANSPORTATION 2. Amend appendix B to part 2641 as follows: ■ a. Revise the listings for Parent: Department of Labor and Parent: Department of Transportation. ■ b. Effective March 29, 2017, remove the Employment Standards Administration component from the listing for Parent: Department of Labor ■ c. Effective March 29, 2017, remove the Surface Transportation Board component from the listing for Parent: Department of Transportation. The revisions read as follows: [Docket No. FAA–2014–0498; Directorate Identifier 2013–SW–052–AD; Amendment 39–18745; AD 2016–25–19] rmajette on DSK2TPTVN1PROD with RULES ■ VerDate Sep<11>2014 14:51 Dec 28, 2016 Jkt 241001 Federal Aviation Administration 14 CFR Part 39 RIN 2120–AA64 Airworthiness Directives; Airbus Helicopters (Previously Eurocopter France) Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are superseding airworthiness directive (AD) 2010–21– SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 07 for Eurocopter France (now Airbus Helicopters) Model AS350B3 and EC130B4 helicopters. AD 2010–21–07 required inspecting the pilot’s and copilot’s throttle twist for proper operation of the contactors. This new AD retains the requirements of AD 2010–21–07, includes additional inspection procedures, and revises the inspection interval. These actions are intended to address the unsafe condition on these products. DATES: This AD is effective February 2, 2017. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 2, 2017. ADDRESSES: For service information identified in this final rule, contact Airbus Helicopters, Inc., 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 view this referenced service information at the FAA, Office of the Regional Counsel, 10101 Hillwood Parkway, Fort Worth, Texas, 76177. It is also available on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0498. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov in Docket No. FAA–2014–0498; or in person at the Docket Management Facility 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, any incorporated-by-reference information, the economic evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Parkway, Fort Worth, Texas, 76101; telephone (817) 222–5110; email george.schwab@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to remove AD 2010–21–07, Amendment 39–16467 (75 FR 63052, E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations October 14, 2010) and add a new AD. AD 2010–21–07 required repetitively inspecting the pilot’s and co-pilot’s throttle twist for proper operation of the contactors, which provide for changes between the ‘‘IDLE’’ and ‘‘FLIGHT’’ positions of the throttle twist grip control. The NPRM published in the Federal Register on July 30, 2014 (79 FR 44142), and proposed to retain the inspection requirements of AD 2010– 21–07 and included additional requirements to inspect for proper operation of contactors 53Ka and 53Kb and the pilot and copilot throttle twist grip controls for proper functioning. The NPRM also proposed to reduce the intervals of the inspections from 600 hours time-in-service (TIS) to 300 hours TIS. The NPRM was prompted by AD No. 2013–0191–E, dated August 22, 2013, issued by EASA, which is the Technical Agent for the Member States of the European Union. EASA advises that the switches in the engine ‘‘IDLE’’ or ‘‘FLIGHT’’ control system could be affected by the corrosive effects of a saltladen atmosphere, which could lead to engine power loss. EASA states that these corrosive effects are not prevented by MOD 074263, which Eurocopter designed to address the unsafe condition identified in AD 2010–21–07. According to EASA, a subsequent accident occurred which involved power loss in flight of a Model AS350B3 helicopter with MOD 074263 installed. As a result, EASA AD No. 2013–0191– E does not accept MOD 074263 as terminating action for the required repetitive maintenance actions. Accordingly, the two letters we issued approving MOD 074263 as an Alternate Method of Compliance for AD 2010–21– 07 are no longer valid. rmajette on DSK2TPTVN1PROD with RULES Comments After our NPRM (79 FR 44142, July 30, 2014) was published, we received comments from three commenters. Request Two commenters requested that we change the compliance times for the recurring inspection to allow for a longer compliance time for helicopters that do not operate in corrosive or salt laden environments. One commenter noted that the failures have been attributed to operations in a corrosive environment. The other commenter stated the proposed AD would penalize operators in non-salt laden environments by requiring the shorter compliance time. The commenters also requested that we adopt the same compliance intervals, 330 hours TIS or 660 hours TIS for helicopters that do not VerDate Sep<11>2014 14:51 Dec 28, 2016 Jkt 241001 operate in salt laden environments, allowed by the manufacturer’s service information. The commenters stated that this would facilitate maintenance scheduling. We agree. We are adding a longer recurring inspection compliance interval for helicopters that do not operate in salt laden conditions to match the manufacturer’s service information. We have also increased the compliance intervals for the recurring inspection to 330 hours TIS for helicopters operating in salt-laden environments and to 660 hours TIS for all other helicopters. One commenter requested that the proposed AD condition compliance with paragraph 3.B.2 of the manufacturer’s service information on the results of the inspection in paragraph 3.B.1. The commenter noted that the proposed AD requires compliance with paragraph 3.B.1 through 3.B.6 of the service information, but does not clarify that compliance with paragraph 3.B.2 is only required if the aircraft fails the prior inspection. We agree that compliance with paragraph 3.B.2 of the service information is conditional, but we do not agree that a change to the AD language is necessary. There is no ambiguity in the service information incorporated by reference in the AD as to when compliance with paragraph 3.B.2 is necessary. FAA’s Determination We have reviewed the relevant information and determined that an unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed, except for the changes described previously. We have also changed the service information that is incorporated by reference to the most current revision. These changes are consistent with the intent of the proposals in the NPRM (79 FR 44142, July 30, 2014) and will not increase the economic burden on any operator nor increase the scope of the AD. Interim Action We consider this AD interim action. The design approval holder is currently developing a modification that will address the unsafe condition identified in this proposed AD. Once this modification is developed, approved, and available, we might consider additional rulemaking. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 95855 Related Service Information Under 1 CFR Part 51 Since we published the NPRM (79 FR 44142, July 30, 2014), Airbus Helicopters (previously Eurocopter) revised its service information. We reviewed one document that copublishes 3 Emergency Alert Service Bulletin (EASB) identification numbers: No. 05.00.61, Revision 3, dated June 15, 2015, for Model AS350B3 helicopters; No. 05.00.41, Revision 2, dated June 15, 2015, for the non-FAA type-certificated Model AS550C3 helicopter; and No. 05A009, Revision 3, dated June 15, 2015, for Model EC130B4 helicopters. EASB Nos. 05.00.61 and 05A009 are incorporated by reference in this AD. EASB No. 05.00.41 is not incorporated by reference in this AD. This service information describes procedures for a functional check and installation of a protection for microcontacts (microswitches) 53Ka, 53Kb, and 65K (IDLE/FLIGHT mode). EASA classified the prior revision of this service information as mandatory and issued EASA Emergency AD No. 2013– 0191–E, dated August 22, 2013, to ensure the continued airworthiness of these helicopters. Because this revision of EASB No. 05.00.61 and No. 05A009 specifies the same actions but clarifies the procedures used in applying varnish to the microswitches, we are incorporating this revision by reference in this AD. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD will affect 517 helicopters of U.S. Registry. We estimate that operators will incur the following costs in order to comply with this AD. The average labor rate is $85 per work hour. It will take about 4 work hours for the inspections and any necessary maintenance, for a total cost of $340 per helicopter and $175,780 for the U.S. fleet per inspection cycle. 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 E:\FR\FM\29DER1.SGM 29DER1 95856 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations 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 have 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 above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation in Alaska to the extent that a regulatory distinction is required, 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 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 removing Airworthiness Directive (AD) 2010–21–07, Amendment 39–16467 (75 FR 63052, October 14, 2010), and adding the following new AD: rmajette on DSK2TPTVN1PROD with RULES ■ 2016–25–19 Airbus Helicopters (Previously Eurocopter France) Helicopters: Amendment 39–18745; Docket No. FAA–2014–0498; Directorate Identifier 2013–SW–052–AD. VerDate Sep<11>2014 14:51 Dec 28, 2016 Jkt 241001 (a) Applicability This AD applies to Model AS350B3 and EC130B4 helicopters, certificated in any category, with the ARRIEL 2B1 engine with the two-channel Full Authority Digital Engine Control (FADEC) and with new twist grip modification (MOD) 073254 for the Model AS350B3 helicopter or MOD 073773 for the Model EC130B4 helicopter, installed. (b) Unsafe Condition This AD defines the unsafe condition as failure of one of the two contactors, 53Ka or 53Kb, which can prevent switching from ‘‘IDLE’’ mode to ‘‘FLIGHT’’ mode during autorotation training making it impossible to recover from the practice autorotation and compelling the pilot to continue the autorotation to the ground. This condition could result in unintended touchdown to the ground at a flight-idle power setting during a practice autorotation, damage to the helicopter, and injury to occupants. (c) Affected ADs This AD supersedes AD 2010–21–07, Amendment 39–16467 (75 FR 63052, October 14, 2010). (d) Effective Date This AD becomes effective February 2, 2017. (e) Compliance You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time. (f) Required Actions (1) Before the next practice autorotation or on or before 100 hours time-in-service (TIS), whichever occurs first, inspect the wiring, perform an insulation test, inspect the pilot and copilot throttle twist grip controls, and test the pilot and copilot throttle twist grip controls for proper functioning by following the Accomplishment Instructions, paragraph 3.B.1 through 3.B.6, of Airbus Helicopters Emergency Alert Service Bulletin (EASB) No. 05.00.61, Revision 3, dated June 15, 2015, for Model AS350B3 helicopters or EASB No. 05A009, Revision 3, dated June 15, 2015, for Model EC130B4 helicopters, as appropriate for your model helicopter. (2) Repeat the inspections in paragraph (f)(1) of this AD at intervals not to exceed the following compliance times. For purposes of this AD, salt laden conditions exist when a helicopter performs a flight from a takeoff and landing area, heliport, or airport less than 0.5 statute mile from salt water or performs a flight within 0.5 statute mile from salt water below an altitude of 1,000 ft. above ground or sea level. (i) For helicopters that have operated in salt laden conditions since the previous inspection required by this AD, at intervals not to exceed 330 hours TIS. (ii) For helicopters that have not operated in salt laden conditions since the previous inspection required by this AD, at intervals not to exceed 660 hours TIS. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 (g) Alternative Methods of Compliance (AMOCs) (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: George Schwab, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, 10101 Hillwood Parkway, Fort Worth, Texas 76177; telephone (817) 222–5110; email george.schwab@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. (h) Additional Information The subject of this AD is addressed in European Aviation Safety Agency (EASA) Emergency AD No. 2013–0191–E, dated August 22, 2013. You may view the EASA AD at http://www.regulations.gov in Docket No. FAA–2014–0498. (i) Subject Joint Aircraft Service Component (JASC) Code: 76 Engine Controls. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Airbus Helicopters Emergency Alert Service Bulletin (EASB) No. 05.00.61, Revision 3, dated June 15, 2015. (ii) Airbus Helicopters EASB No. 05A009, Revision 3, dated June 15, 2015. Note 1 to paragraph (j)(2): Airbus Helicopters EASB No. 05.00.61, Revision 3, dated June 15, 2015, and Airbus Helicopters EASB No. 05A009, Revision 3, dated June 15, 2015 are co-published as one document along with Airbus Helicopters EASB No. 05.00.41, Revision 2, dated June 15, 2015, which is not incorporated by reference in this AD. (3) For Airbus Helicopters service information identified in this final rule, contact Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641–0000 or (800) 232–0323; fax (972) 641–3775; or at http:// www.airbushelicopters.com/techpub. (4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations Issued in Fort Worth, Texas, on December 6, 2016. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2016–30020 Filed 12–28–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–6898; Directorate Identifier 2016–NM–010–AD; Amendment 39–18752; AD 2016–25–26] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model MD–90–30 airplanes. This AD was prompted by reports of stick shaker activation at airspeeds that were above the stall protection system’s stick shaker schedule. This AD requires installing angle-of-attack (AOA) sensor external case heaters on the existing AOA sensors, installing additional wires, and doing a functional test and applicable corrective actions. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective February 2, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 2, 2017. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 6898. rmajette on DSK2TPTVN1PROD with RULES SUMMARY: Examining the AD Docket You may examine the AD docket on the Internet at http:// VerDate Sep<11>2014 14:51 Dec 28, 2016 Jkt 241001 www.regulations.gov by searching for and locating Docket No. FAA–2016– 6898; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Eric Igama, Aerospace Engineer, Systems and Equipment Branch, ANM–130L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5388; fax: 562–627– 5210; email: roderick.igama@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model MD–90–30 airplanes. The NPRM published in the Federal Register on June 13, 2016 (81 FR 38113) (‘‘the NPRM’’). The NPRM was prompted by reports of stick shaker activation at airspeeds that were above the stall protection system’s stick shaker schedule. The NPRM proposed to require installing AOA sensor external case heaters on the existing AOA sensors, installing additional wires, and doing a functional test and applicable corrective actions. We are issuing this AD to prevent ice formation between the AOA sensor vane and face plate, which could cause both vanes to become immobilized. If both vanes become immobilized, the stall protection system could become unreliable or nonfunctional, which could result in loss of control of the airplane. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA’s response to each comment. Support of the NPRM The Air Line Pilots Association, International provided comments that supported the intent of the NPRM. Request To Change Boeing Address Identified in the NPRM Boeing asked that we change its mailing address for obtaining copies of PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 95857 service information as specified in the NPRM to the following: Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1092; Internet https:// www.myboeingfleet.com. Boeing stated that this address is valid for this and all future ADs affecting Boeing airplanes. We agree with the commenter’s request. We have updated the contact information accordingly. However, we have corrected the telephone number; it should be 562–797–1717. We have changed this AD to include this new mailing address for Boeing service information. Request To Clarify Certain Language in the NPRM Boeing asked that we clarify the language specifying what prompted the AD action, and the description of the unsafe condition, as specified in the SUMMARY section. Boeing stated that the reported incident occurred ‘‘on Model 717–200 airplanes’’ and included further description of what prompted the AD action. Boeing also stated that including this description clarifies the airplane model on which the safety issue was identified. Boeing also asked that we revise the description of the unsafe condition, which stated that ‘‘the vane’’ could become immobilized. Boeing noted that the safety issue is a common cause failure (both vanes could become immobilized) due to an external threat (i.e., weather). We agree to add ‘‘both vanes’’ to the Discussion section and paragraph (e) of this AD for clarification. Information concerning the origin of the safety issue on Model 717–200 airplanes was included in the Discussion section of the NPRM. Since the information in the Discussion section of the NPRM does not reappear in the final rule, we have not changed this AD in this regard. In addition, we do not agree that the requested changes are necessary in the SUMMARY section, which merely provides a high-level description of the relevant information. Details concerning the unsafe condition that appeared in the SUMMARY section of the NPRM have been removed from this final rule in response to new guidance from the Office of the Federal Register. Boeing also asked that we clarify the AD requirements by specifying ‘‘installing additional wires’’ in lieu of ‘‘changing wires’’ and installing AOA sensor external case heaters ‘‘on the AOA sensors’’ in lieu of ‘‘and AOA sensors.’’ Delta Air Lines (Delta) asked that we change ‘‘and AOA sensors’’ to E:\FR\FM\29DER1.SGM 29DER1

Agencies

[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Rules and Regulations]
[Pages 95854-95857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30020]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0498; Directorate Identifier 2013-SW-052-AD; 
Amendment 39-18745; AD 2016-25-19]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters (Previously 
Eurocopter France) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding airworthiness directive (AD) 2010-21-07 for 
Eurocopter France (now Airbus Helicopters) Model AS350B3 and EC130B4 
helicopters. AD 2010-21-07 required inspecting the pilot's and co-
pilot's throttle twist for proper operation of the contactors. This new 
AD retains the requirements of AD 2010-21-07, includes additional 
inspection procedures, and revises the inspection interval. These 
actions are intended to address the unsafe condition on these products.

DATES: This AD is effective February 2, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 2, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Airbus Helicopters, Inc., 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 view this 
referenced service information at the FAA, Office of the Regional 
Counsel, 10101 Hillwood Parkway, Fort Worth, Texas, 76177. It is also 
available on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0498.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov in Docket No. FAA-2014-0498; or in person at the 
Docket Management Facility 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, any incorporated-by-
reference information, the economic evaluation, any comments received, 
and other information. The address for the Docket Office (phone: 800-
647-5527) is Document Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 
Hillwood Parkway, Fort Worth, Texas, 76101; telephone (817) 222-5110; 
email george.schwab@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to remove AD 2010-21-07, Amendment 39-16467 (75 FR 63052,

[[Page 95855]]

October 14, 2010) and add a new AD. AD 2010-21-07 required repetitively 
inspecting the pilot's and co-pilot's throttle twist for proper 
operation of the contactors, which provide for changes between the 
``IDLE'' and ``FLIGHT'' positions of the throttle twist grip control. 
The NPRM published in the Federal Register on July 30, 2014 (79 FR 
44142), and proposed to retain the inspection requirements of AD 2010-
21-07 and included additional requirements to inspect for proper 
operation of contactors 53Ka and 53Kb and the pilot and copilot 
throttle twist grip controls for proper functioning. The NPRM also 
proposed to reduce the intervals of the inspections from 600 hours 
time-in-service (TIS) to 300 hours TIS.
    The NPRM was prompted by AD No. 2013-0191-E, dated August 22, 2013, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union. EASA advises that the switches in the engine 
``IDLE'' or ``FLIGHT'' control system could be affected by the 
corrosive effects of a salt-laden atmosphere, which could lead to 
engine power loss. EASA states that these corrosive effects are not 
prevented by MOD 074263, which Eurocopter designed to address the 
unsafe condition identified in AD 2010-21-07. According to EASA, a 
subsequent accident occurred which involved power loss in flight of a 
Model AS350B3 helicopter with MOD 074263 installed. As a result, EASA 
AD No. 2013-0191-E does not accept MOD 074263 as terminating action for 
the required repetitive maintenance actions. Accordingly, the two 
letters we issued approving MOD 074263 as an Alternate Method of 
Compliance for AD 2010-21-07 are no longer valid.

Comments

    After our NPRM (79 FR 44142, July 30, 2014) was published, we 
received comments from three commenters.

Request

    Two commenters requested that we change the compliance times for 
the recurring inspection to allow for a longer compliance time for 
helicopters that do not operate in corrosive or salt laden 
environments. One commenter noted that the failures have been 
attributed to operations in a corrosive environment. The other 
commenter stated the proposed AD would penalize operators in non-salt 
laden environments by requiring the shorter compliance time. The 
commenters also requested that we adopt the same compliance intervals, 
330 hours TIS or 660 hours TIS for helicopters that do not operate in 
salt laden environments, allowed by the manufacturer's service 
information. The commenters stated that this would facilitate 
maintenance scheduling.
    We agree. We are adding a longer recurring inspection compliance 
interval for helicopters that do not operate in salt laden conditions 
to match the manufacturer's service information. We have also increased 
the compliance intervals for the recurring inspection to 330 hours TIS 
for helicopters operating in salt-laden environments and to 660 hours 
TIS for all other helicopters.
    One commenter requested that the proposed AD condition compliance 
with paragraph 3.B.2 of the manufacturer's service information on the 
results of the inspection in paragraph 3.B.1. The commenter noted that 
the proposed AD requires compliance with paragraph 3.B.1 through 3.B.6 
of the service information, but does not clarify that compliance with 
paragraph 3.B.2 is only required if the aircraft fails the prior 
inspection.
    We agree that compliance with paragraph 3.B.2 of the service 
information is conditional, but we do not agree that a change to the AD 
language is necessary. There is no ambiguity in the service information 
incorporated by reference in the AD as to when compliance with 
paragraph 3.B.2 is necessary.

FAA's Determination

    We have reviewed the relevant information and determined that an 
unsafe condition exists and is likely to exist or develop on other 
helicopters of these same type designs and that air safety and the 
public interest require adopting the AD requirements as proposed, 
except for the changes described previously. We have also changed the 
service information that is incorporated by reference to the most 
current revision. These changes are consistent with the intent of the 
proposals in the NPRM (79 FR 44142, July 30, 2014) and will not 
increase the economic burden on any operator nor increase the scope of 
the AD.

Interim Action

    We consider this AD interim action. The design approval holder is 
currently developing a modification that will address the unsafe 
condition identified in this proposed AD. Once this modification is 
developed, approved, and available, we might consider additional 
rulemaking.

Related Service Information Under 1 CFR Part 51

    Since we published the NPRM (79 FR 44142, July 30, 2014), Airbus 
Helicopters (previously Eurocopter) revised its service information. We 
reviewed one document that co-publishes 3 Emergency Alert Service 
Bulletin (EASB) identification numbers: No. 05.00.61, Revision 3, dated 
June 15, 2015, for Model AS350B3 helicopters; No. 05.00.41, Revision 2, 
dated June 15, 2015, for the non-FAA type-certificated Model AS550C3 
helicopter; and No. 05A009, Revision 3, dated June 15, 2015, for Model 
EC130B4 helicopters. EASB Nos. 05.00.61 and 05A009 are incorporated by 
reference in this AD. EASB No. 05.00.41 is not incorporated by 
reference in this AD.
    This service information describes procedures for a functional 
check and installation of a protection for micro-contacts 
(microswitches) 53Ka, 53Kb, and 65K (IDLE/FLIGHT mode). EASA classified 
the prior revision of this service information as mandatory and issued 
EASA Emergency AD No. 2013-0191-E, dated August 22, 2013, to ensure the 
continued airworthiness of these helicopters.
    Because this revision of EASB No. 05.00.61 and No. 05A009 specifies 
the same actions but clarifies the procedures used in applying varnish 
to the microswitches, we are incorporating this revision by reference 
in this AD.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD will affect 517 helicopters of U.S. 
Registry.
    We estimate that operators will incur the following costs in order 
to comply with this AD. The average labor rate is $85 per work hour. It 
will take about 4 work hours for the inspections and any necessary 
maintenance, for a total cost of $340 per helicopter and $175,780 for 
the U.S. fleet per inspection cycle.

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

[[Page 95856]]

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 have 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 above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent 
that a regulatory distinction is required, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2010-21-07, Amendment 39-16467 (75 FR 63052, October 14, 2010), and 
adding the following new AD:

2016-25-19 Airbus Helicopters (Previously Eurocopter France) 
Helicopters: Amendment 39-18745; Docket No. FAA-2014-0498; 
Directorate Identifier 2013-SW-052-AD.

(a) Applicability

    This AD applies to Model AS350B3 and EC130B4 helicopters, 
certificated in any category, with the ARRIEL 2B1 engine with the 
two-channel Full Authority Digital Engine Control (FADEC) and with 
new twist grip modification (MOD) 073254 for the Model AS350B3 
helicopter or MOD 073773 for the Model EC130B4 helicopter, 
installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of one of the 
two contactors, 53Ka or 53Kb, which can prevent switching from 
``IDLE'' mode to ``FLIGHT'' mode during autorotation training making 
it impossible to recover from the practice autorotation and 
compelling the pilot to continue the autorotation to the ground. 
This condition could result in unintended touchdown to the ground at 
a flight-idle power setting during a practice autorotation, damage 
to the helicopter, and injury to occupants.

(c) Affected ADs

    This AD supersedes AD 2010-21-07, Amendment 39-16467 (75 FR 
63052, October 14, 2010).

(d) Effective Date

    This AD becomes effective February 2, 2017.

(e) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(f) Required Actions

    (1) Before the next practice autorotation or on or before 100 
hours time-in-service (TIS), whichever occurs first, inspect the 
wiring, perform an insulation test, inspect the pilot and copilot 
throttle twist grip controls, and test the pilot and copilot 
throttle twist grip controls for proper functioning by following the 
Accomplishment Instructions, paragraph 3.B.1 through 3.B.6, of 
Airbus Helicopters Emergency Alert Service Bulletin (EASB) No. 
05.00.61, Revision 3, dated June 15, 2015, for Model AS350B3 
helicopters or EASB No. 05A009, Revision 3, dated June 15, 2015, for 
Model EC130B4 helicopters, as appropriate for your model helicopter.
    (2) Repeat the inspections in paragraph (f)(1) of this AD at 
intervals not to exceed the following compliance times. For purposes 
of this AD, salt laden conditions exist when a helicopter performs a 
flight from a takeoff and landing area, heliport, or airport less 
than 0.5 statute mile from salt water or performs a flight within 
0.5 statute mile from salt water below an altitude of 1,000 ft. 
above ground or sea level.
    (i) For helicopters that have operated in salt laden conditions 
since the previous inspection required by this AD, at intervals not 
to exceed 330 hours TIS.
    (ii) For helicopters that have not operated in salt laden 
conditions since the previous inspection required by this AD, at 
intervals not to exceed 660 hours TIS.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: George Schwab, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, 10101 
Hillwood Parkway, Fort Worth, Texas 76177; telephone (817) 222-5110; 
email george.schwab@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.

(h) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) Emergency AD No. 2013-0191-E, dated August 22, 2013. 
You may view the EASA AD at http://www.regulations.gov in Docket No. 
FAA-2014-0498.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 76 Engine 
Controls.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Emergency Alert Service Bulletin (EASB) 
No. 05.00.61, Revision 3, dated June 15, 2015.
    (ii) Airbus Helicopters EASB No. 05A009, Revision 3, dated June 
15, 2015.

    Note 1 to paragraph (j)(2): Airbus Helicopters EASB No. 
05.00.61, Revision 3, dated June 15, 2015, and Airbus Helicopters 
EASB No. 05A009, Revision 3, dated June 15, 2015 are co-published as 
one document along with Airbus Helicopters EASB No. 05.00.41, 
Revision 2, dated June 15, 2015, which is not incorporated by 
reference in this AD.

    (3) For Airbus Helicopters service information identified in 
this final rule, contact Airbus Helicopters, Inc., 2701 N. Forum 
Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 
232-0323; fax (972) 641-3775; or at http://www.airbushelicopters.com/techpub.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 95857]]


    Issued in Fort Worth, Texas, on December 6, 2016.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-30020 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-13-P