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[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Rules and Regulations]
[Pages 21234-21236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07981]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4112; Directorate Identifier 2014-SW-043-AD; 
Amendment 39-18471; AD 2016-07-26]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters (previously 
Eurocopter France)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2010-23-02 for 
Eurocopter France (now Airbus Helicopters) Model SA-365N, SA-365N1, AS-
365N2, and AS 365 N3 helicopters. AD 2010-23-02 required amending the 
Limitations section of the Rotorcraft Flight Manual (RFM) to limit the 
never-exceed velocity (VNE) to 150 Knots Indicated Air Speed (KIAS) and 
to add a 1,500 ft/minute rate of descent (R/D) limitation beyond 140 
KIAS. Since we issued AD 2010-23-02, a design change designated as 
modification (MOD) 0755B28 improved the dynamic behavior of the 
horizontal stabilizer such that AD actions are not required. This new 
AD retains the requirements of AD 2010-23-01 and revises the 
applicability to exclude helicopters with MOD 0755B28. We are issuing 
this AD to exclude certain helicopters from the applicability and 
restrict the VNE on other helicopters to prevent failure of the 
horizontal stabilizer and subsequent loss of control of the helicopter.

DATES: This AD is effective May 16, 2016.

[[Page 21235]]

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, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort 
Worth, Texas 76177.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov in Docket No. FAA-2015-4112; 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, 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: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, FAA, 10101 Hillwood Pkwy., Fort 
Worth, Texas 76177; telephone (817) 222-5110; email 
robert.grant@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to remove AD 2010-23-02, Amendment 39-16491 (75 FR 68169, 
November 5, 2010) and add a new AD. AD 2010-23-02 applied to Eurocopter 
France (now Airbus Helicopters) Model SA 365N, SA-365N1, AS 365N2, and 
AS 365 N3 helicopters. AD 2010-23-02 required amending the Limitations 
section of the RFM to limit the VNE to 150 KIAS and to add a 1,500 ft/
minute R/D limitation beyond 140 KIAS and installing one or more 
placards on the cockpit instrument panel in full view of the pilot and 
copilot. AD 2010-23-01 was prompted by AD No. 2008-0204R1, Revision 1, 
dated May 21, 2014, issued by EASA, which is the Technical Agent for 
the Member States of the European Union. EASA advises that Airbus 
Helicopters developed MOD 07 55B28 to improve the dynamic behavior of 
the horizontal stabilizer and thus reduce the vibration levels during 
high speed descent. EASA issued AD No. 2008-0204R1 to retain the 
requirements of its previous AD but to exclude helicopters with MOD 07 
55B28 from the applicability.
    The NPRM published in the Federal Register on October 19, 2015 (80 
FR 63145). The NPRM proposed to retain the requirements to amend the 
Limitations section of the RFM and install one or more placards on the 
cockpit instrument panel. The NPRM also proposed to revise the 
applicability to exclude helicopters with MOD 0755B28 installed. The 
proposed requirements were intended to exclude certain helicopters from 
the applicability and restrict the VNE on other helicopters to prevent 
failure of the horizontal stabilizer and subsequent loss of control of 
the helicopter.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we did not receive any comments on the NPRM (80 FR 63145, 
October 19, 2015).

FAA's Determination

    These helicopters have been approved by the aviation authority of 
France and are 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 
its 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 the same type 
designs and that air safety and the public interest require adopting 
the AD requirements as proposed.

Related Service Information

    Eurocopter has issued an Emergency Alert Service Bulletin (EASB) 
with three numbers (01.00.60, 01.00.16, and 01.28), Revision 1, dated 
December 2, 2008. EASB No. 01.00.60 applies to U.S. type-certificated 
Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters and also 
to military Model AS365F, Fs, Fi, and K helicopters that are not type 
certificated in the United States. EASB 01.00.16 applies to military 
Model AS565AA, MA, MB, SA, SB, and UB helicopters that are not type 
certificated in the United States. EASB 01.28 applies to the Model SA-
366G1 helicopter. The EASB specifies bonding one or more locally-
produced labels to the instrument panel stating that the VNE is limited 
to 150 KIAS and the R/D must not exceed 1,500 ft/min beyond 140 KIAS. 
Eurocopter states in the EASB that it is working on an enhanced 
definition that will be proposed as soon as possible. EASA classified 
this EASB as mandatory and issued AD No. 2008-0204-E, dated December 4, 
2008, and revised with Revision 1, dated May 21, 2014, to ensure the 
continued airworthiness of these helicopters.
    Airbus Helicopters has issued Service Bulletin (SB) No. AS365-
55.00.06, Revision 0, dated November 14, 2014, which Airbus Helicopters 
identifies as MOD 0755B28. The SB specifies repairing the stabilizer 
for suppression of the flutter phenomenon.

Costs of Compliance

    We estimate that this AD will affect 33 helicopters of U.S. 
Registry. We estimate that operators may incur the following costs in 
order to comply with this AD. Labor costs are estimated at $85 per 
work-hour. We estimate about \l/2\ work-hour per helicopter to make 
copies to include in the RFM and to make and install the placards. The 
parts costs are minimal. Based on these figures, we estimate the cost 
of this AD on U.S. operators will be $1,403 for the fleet.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    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 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);

[[Page 21236]]

    (3) Will not affect intrastate aviation in Alaska to the extent 
that a regulatory; 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) 
2010-23-02, Amendment 39-16491 (75 FR 68169, November 5, 2010), and 
adding the following new AD:

2016-07-26 Airbus Helicopters (previously Eurocopter France): 
Amendment 39-18471; Docket No. FAA-2015-4112; Directorate Identifier 
2014-SW-043-AD.

(a) Applicability

    This AD applies to Model SA-365N, SA-365N1, AS-365N2, and AS 365 
N3 helicopters, with a horizontal stabilizer, part number 365A13-
3030-1901, -1902, -1903, -1904, -1905, -1906, -1908, -1909; 365A13-
3036-00, -0001, -0002, -0003; or 365A13-3038-00, installed, except 
those with modification 0755B28 installed, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as vibration during descent 
at high speed. This condition could result in failure of the 
horizontal stabilizer and subsequent loss of control of the 
helicopter.

(c) Affected ADs

    This AD replaces AD 2010-23-02, Amendment 39-16491 (75 FR 68169, 
November 5, 2010).

(d) Effective Date

    This AD becomes effective May 16, 2016.

(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:
    (1) Revise the airspeed operating limitation in the Limitations 
section of the Rotorcraft Flight Manual (RFM) by making pen and ink 
changes or by inserting a copy of this AD into the RFM stating: 
``The never-exceed speed (VNE) is limited to 150 knots indicated 
airspeed (KIAS)'' and ``The rate-of-descent (R/D) must not exceed 
1,500 ft/min when the airspeed is beyond 140 KIAS.''
    (2) Install one or more self-adhesive placards, with 6 
millimeter red letters on white background, on the cockpit 
instrument panel in full view of the pilot and co-pilot to read as 
follows: ``VNE LIMITED TO 150 KIAS'' and ``R/D MUST NOT EXCEED 1,500 
ft/min when airspeed is beyond 140 KIAS''

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 
10101 Hillwood Pkwy., Fort Worth, Texas 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.

(h) Additional Information

    (1) Eurocopter Emergency Alert Service Bulletin (EASB) No. 
01.00.60, 01.00.16, and 01.28, Revision 1, dated December 2, 2008, 
and Airbus Helicopters Service Bulletin No. AS365-55.00.06, Revision 
0, dated November 14, 2014, which are not incorporated by reference, 
contain additional information about the subject of this final rule. 
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 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. 2008-0204R1, dated May 21, 2014. You may 
view the EASA AD on the Internet at http://www.regulations.gov in 
Docket No. FAA-2015-4112.

(i) Subject

    Joint Aircraft Service Component (JASC) Code 5310: Horizontal 
Stabilizer Structure.

    Issued in Fort Worth, Texas, on March 31, 2016.
James A. Grigg,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-07981 Filed 4-8-16; 8:45 am]
 BILLING CODE 4910-13-P
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