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 duringthe comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.
Discussion
On September 11, 2015, we issued Emergency AD 2015-18-51 to correct an unsafe condition for Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1 helicopters with T/R de-icing installation unit part number (P/N) 204ZP01Y01 and T/R blade P/N 332A12-0055-XX (where XX is any dash number) installed. Emergency AD 2015-18-51 requires inspecting each T/R blade, replacing the set of T/R blades if there is damage, deactivating the rotor de-icing system, revising the RFM, and installing a placard. Emergency AD 2015-18-51 was sent previously to all known U.S. owners and operators of these helicopters and was prompted by a report of a T/R de-icing system power supply box stuck in a ``closed'' position providing an uncontrolled and un-annunciated power supply to the system. The T/R de-icing system is part of the entire rotor de-icing system.Emergency AD 2015-18-51 was prompted by AD No. 2015-0153-E, dated July 24, 2015, issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for Airbus Helicopters Model AS332 C, AS332C1, AS332L, and AS332L1 helicopters, equipped with T/R de-icing installation unit P/N 204ZP01Y01 and T/R blade P/N 332A12-0055-XX (where XX represents any dash number). EASA advises of a report of a T/R blade that was overheated and damaged after application of alternating current (AC) from a ground power unit (GPU) following a flight during which the de- icing system was used. Subsequent analysis determined failure of the power supply box stuck in the ``closed'' position caused the uncontrolled power supply to the rotor blade de-icing system and subsequent damage. EASA also states that its AD is considered an interim action and further AD action may follow.
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 the EASA AD. We are issuing this AD because we evaluated all information provided by the EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs.
Related Service Information
Airbus Helicopters issued Alert Service Bulletin No. AS332- 05.01.02, Revision 0, dated July 22, 2015 (ASB), which specifies, before each flight and before starting at least one engine, if the applicable helicopter has been supplied external 115V/400Hz AC GPU with the rotor stationary or if the de-icing system has been used or tested using an AC GPU with the rotor stationary or spinning, visually inspecting the T/R blades for burn marks, detached leading edge protection, or cracks at the skin/leading edge protection junction.If at least one T/R blade is damaged, the ASB specifies replacing all of the T/R blades.
AD Requirements
This AD requires, before further flight, inspecting each T/R blade for a burn mark, any disbonding of the leading edge protection, and a crack at the junction of the skin and the leading edge protection. If there is a burn mark, any disbonding of the leading edge protection, or a crack at the junction of the skin and the leading edge protection on a T/R blade, this AD requires replacing all of the T/R blades with airworthy T/R blades. This AD also requires deactivating the rotor de- icing system, revising the RFM to state that the rotor de-icing system is deactivated and that flight into known icing is prohibited, and installing a placard stating that the rotor de-icing system is deactivated.
Differences Between This AD and the EASA AD
The EASA AD allows operation of the rotor de-icing system with a recurring inspection of the T/R blades. This AD requires an initial inspection and prohibits operation of the rotor de-icing system by deactivating the rotor de-icing system, revising the RFM to state the rotor de-icing system is deactivated and flight into known icing is prohibited, and installing a placard stating that the rotor de-icing system is deactivated.
Interim Action
We consider this AD to be an interim action. Once a modification to the rotor de-icing system design is evaluated, approved, and available, we might consider additional rulemaking.
Costs of Compliance
We estimate that this AD affects 19 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 1 work-hour to inspect the T/R blades for a cost of $85 per helicopter and $1,615 for the U.S.
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fleet. It takes about 2 work-hours to deactivate the rotor de-icing system for a cost of $170 per helicopter and $3,230 forthe U.S. fleet. It takes about 0.5 work-hour to revise the RFM for a cost of $43 per helicopter and $817 for the U.S. fleet. It takes about 0.5 work-hour and a negligible parts cost to install a placard for a cost of $43 per helicopter and $817 for the U.S. fleet. Replacing a set of T/R blades takes about 3 work-hours for a labor cost of $255 per helicopter. Parts for 4-blade T/R set cost $167,644 for a total replacement cost of $167,899 per helicopter. Parts for a 5-blade T/R set cost $209,555 for a total replacement cost of $209,810 per helicopter.
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 2015-18- 51, issued on September 11, 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. Isnot 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.