81_FR_95194 81 FR 94946 - Airworthiness Directives; AgustaWestland S.p.A. (Agusta) Helicopters

81 FR 94946 - Airworthiness Directives; AgustaWestland S.p.A. (Agusta) Helicopters

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range94946-94949
FR Document2016-30285

We are adopting a new airworthiness directive (AD) for certain Agusta Model AB139 and AW139 helicopters. This AD requires performing operational checks of both hydraulic systems. This AD was prompted by an assessment of the hydraulic systems of the helicopter following an accident. These actions are intended to prevent the unsafe condition on these products.

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 94946-94949]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30285]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-4278; Directorate Identifier 2012-SW-022-AD; 
Amendment 39-18758; AD 2016-26-01]
RIN 2120-AA64


Airworthiness Directives; AgustaWestland S.p.A. (Agusta) 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Agusta Model AB139 and AW139 helicopters. This AD requires performing 
operational checks of both hydraulic systems. This AD was prompted by 
an assessment of the hydraulic systems of the helicopter following an 
accident. These actions are intended to prevent the unsafe condition on 
these products.

DATES: This AD is effective January 31, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of January 31, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact AgustaWestland, Product Support Engineering, Via del Gregge, 
100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; 
telephone 39-0331-664757; fax 39 0331-664680; or at http://www.agustawestland.com/technical-bulletins. 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.

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-2016-
4278; 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 incorporated-by-reference service information, 
any comments received, and other information. The street address for 
the Docket Operations Office (phone: 800-647-5527) is U.S. Department 
of Transportation, Docket Operations Office, M-30, West Building Ground 
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Matt Wilbanks, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 
Hillwood Parkway, Fort Worth, Texas 76177; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On March 11, 2016, at 81 FR 12838, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 by adding an AD that would apply to certain serial-numbered 
Agusta Model AB139 and AW139 helicopters. The NPRM proposed to require, 
within 50 hours time-in-service (TIS), performing operational tests of 
the Number 1 and Number 2 hydraulic systems power control modules 
(PCMs), the tail shut-off valve, the PCM1 and PCM2 flight control shut-
off valves, and the emergency landing gear shut-off valve for correct 
functionality. Depending on the results of the operational checks, the 
NPRM proposed to require replacing a PCM, the tail shut-off valve, a 
flight control shut-off valve, the number 2 hydraulic control panel, 
the number 1 hydraulic module, the number 1 or number 2 PCM pressure 
switch, or repairing the electrical wiring. The proposed requirements 
were intended to prevent loss of hydraulic power to the flight controls 
and subsequent loss of control of the helicopter.
    The NPRM was prompted by AD No. 2011-0207, dated October 20, 2011 
(AD No. 2011-0207), issued by EASA, which is the Technical Agent for 
the Member States of the European Union, to correct an unsafe condition 
for certain serial-numbered Agusta Model AB139 and AW139 helicopters. 
EASA advises that an accident involving a Model AW139 helicopter caused 
the tail rotor (T/R), the T/R gearbox, and part of the fin to detach 
from the aircraft, rupturing the hydraulic lines and draining all of 
the hydraulic fluid. According to EASA, an

[[Page 94947]]

assessment of the helicopter's hydraulic systems following the accident 
revealed that an operational check of the hydraulic systems is 
necessary to ensure its functionality. EASA advises that this 
condition, if not corrected, could lead, in the case of multiple 
failures, to loss of hydraulic power and subsequent loss of control of 
the helicopter. To address this, EASA AD No. 2011-0207 requires, within 
50 flight hours or 2 months, operational checks of the power control 
modules and shutoff valves and reporting the results to the 
manufacturer.

Comments

    After our NPRM (81 FR 12838, March 11, 2016) was published, we 
received comments from one commenter.

Request

    The commenter requested we not adopt the proposed AD, as it is 
unnecessary. The commenter stated that following the release of EASA AD 
No. 2011-0207 and Agusta Bollettino Tecnico No. 139-269, dated 
September 30, 2011 (BT 139-269), they already have a 600 hour/12 month 
inspection and operational check of the hydraulic systems as part of 
their maintenance program that covers all of the proposed actions in 
the NPRM. Finally, the commenter stated that the proposed AD would not 
change any of their maintenance procedures, but it would add an 
additional burden of required paper work for the same results.
    We disagree. EASA AD No. 2011-0207 is not mandatory for U.S. 
operators. Additionally, while an operator may incorporate the 
procedures described in BT 139-269 into its maintenance program, not 
all operators are required to do so. In order for the corrective 
actions in BT 139-269 to become mandatory, and to correct the unsafe 
condition identified in the NPRM, the FAA must issue an AD.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Italy and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Italy, 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, reviewed the relevant information, considered the comment 
received, and determined the 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.

Differences Between This AD and the EASA AD

    The EASA AD requires reporting the results of the operational 
checks to Agusta, while this AD does not. The EASA AD also requires 
compliance within 50 flight-hours or 2 months, while this AD requires 
compliance within 50 hours TIS.

Related Service Information Under 1 CFR Part 51

    We reviewed BT 139-269 for Model AB139 and AW139 helicopters. BT 
139-269 contains procedures for conducting operational checks of both 
hydraulic systems to confirm correct functionality.
    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 this AD will affect 102 helicopters of U.S. Registry.
    Based on an average labor rate of $85 per hour, we estimate that 
operators may incur the following costs in order to comply with this 
AD. Performing the operational checks of the hydraulic systems requires 
about 2 work-hours for a total cost per helicopter of $170 and a total 
cost to U.S. operators of $17,340.
    If required, replacing a PCM will require about 3 work-hours and 
required parts will cost about $87,136, for a cost per helicopter of 
$87,391.
    If required, replacing a tail or flight control shut-off valve will 
require about 2 work-hours, and required parts will cost about $7,512, 
for a cost per helicopter of $7,682. If required, replacing the number 
2 hydraulic control panel will require about 2 work-hours, and required 
parts will cost about $8,165, for a cost per helicopter of $8,335.
    If required, replacing the number 1 hydraulic module will require 
about 4 work-hours, and required parts will cost about $87,137, for a 
cost per helicopter of $87,477.
    If required, replacing a PCM pressure switch will require about 2 
work-hours, and required parts will cost about $6,974, for a cost per 
helicopter of $7,144.
    If required, repairing the electrical wiring will require about 2 
work-hours, and required parts will cost about $45, for a cost per 
helicopter of $215.

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 helicopters identified in this 
rulemaking action.

Regulatory Findings

    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 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:

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.

[[Page 94948]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2016-26-01 AGUSTAWESTLAND S.P.A. (AGUSTA): Amendment 39-18758; 
Docket No. FAA-2016-4278; Directorate Identifier 2012-SW-022-AD.

(a) Applicability

    This AD applies to Agusta Model AB139 and AW139 helicopters, all 
serial numbers except serial number 31007, 31094, 31293, 31301, 
31303, 31313, and 31329, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as an inoperative hydraulic 
shut-off valve, which could result in loss of hydraulic power and 
subsequent loss of control of the helicopter.

 (c) Effective Date

    This AD becomes effective January 31, 2017.

(d) 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.

(e) Required Actions

    Within 50 hours time-in service:
    (1) Perform an operational test of each Number 1 and Number 2 
power control module (PCM). If the fluid level in the reservoir 
changes more than 5mm (0.196 in) in an hour, replace the affected 
PCM.
    (2) Perform an operational test of each tail shut-off valve. If 
the 2 SERVO caution message is not illuminated and the UTIL SOV2 and 
TR SOV indications are in the open position:
    (i) Disconnect the Tail Shutoff valve connector, HP4P1.
    (ii) Disconnect the PCM2 connectors, A44P3 and A44P12.
    (iii) Disconnect the TB38 terminal board connector, TB38P1.
    (iv) Perform a continuity test from HP4P1-1 to A44P12-16, from 
HP4P1-2 to TB38P1-D, and from HP4P1-4 to A44P3-6.
    (v) If there is no continuity, repair or replace the defective 
wiring.
    (vi) If there is continuity, release the test lever of the PCM2 
to the DOWN NORM position.
    (vii) If the TRSVO indication stays in the closed position, 
replace the tail shutoff valve.
    (3) Perform an operational test of the PCM 2 flight control 
shut-off valve as described in the Compliance Instructions, 
paragraphs 5.1. through 5.5., of Agusta Bollettino Tecnico No. 139-
269, dated September 30, 2011 (BT 139-269).
    (i) If the 2 SERVO caution message is illuminated:
    (A) On the hydraulic control panel, lift the guard of the SOV1/
SOV2 switch and set it to SOV2 (closed position). Make sure that the 
2 HYD PRESS caution message and the HYD 2 PRESS warning light on the 
hydraulic control panel are illuminated.
    (B) Reset the SOV1/SOV2 switch to the open position.
    (C) If the 2 HYD PRESS and 2 SERVO caution messages remain 
illuminated:
    (1) Disconnect the PL14P1 and PL14P2 connectors from the 
hydraulic control panel.
    (2) Disconnect the A1-1P4 connector from the MAU1.
    (3) Disconnect the A2-1P3 connector from the MAU2.
    (4) Disconnect the A44P3 connector from the Number 2 PCM.
    (5) Disconnect the PL1P3 connector from the circuit breaker 
panel.
    (6) Perform a continuity test from PL14P1-J to A1-1P4-18, from 
PL14P1-D to PL1P3-q, from PL14P2-J to A44P3-5, and from PL14P2-T to 
A2-1P3-34. If there is no continuity, repair or replace the 
defective wiring.
    (7) If the HYD PRESS and 2 SERVO caution messages remain 
illuminated, replace the number 2 hydraulic power module.
    (ii) If the 2 HYD PRESS caution message is illuminated, the HYD 
2 pressure indication is more than 190 bar (2,755 lbf/sq in), and 
the SOV2 shutoff valve is in the open position, replace the pressure 
switch on the Number 2 PCM.
    (iii) If the closure of SOV 2 is indicated on the MFD hydraulic 
synoptic page, before further flight, replace the Number 2 PCM.
    (4) Perform an operational test of the PCM 1 flight control 
shut-off valve as described in the Compliance Instructions, 
paragraphs 6.1. through 6.4., of BT 139-269.
    (i) If the 1 SERVO caution message is illuminated:
    (A) On the hydraulic control panel, lift the guard of the SOV1/
SOV2 switch and set it to SOV1 (closed position). Make sure that the 
1 HYD PRESS caution message and the HYD 1 PRESS warning light on the 
hydraulic control panel are illuminated.
    (B) Reset the SOV1/SOV2 switch to the open position. If the 1 
HYD PRESS and 1 SERVO caution messages remain illuminated:
    (1) Disconnect the PL14P1 and PL14P2 connectors from the 
hydraulic control panel.
    (2) Disconnect the A1-1P4 connector from the MAU1.
    (3) Disconnect the A2-1P3 connector from the MAU2.
    (4) Disconnect the A45P3 connector from the Number 1 PCM.
    (5) Disconnect the PL1P3 connector from the circuit breaker 
panel.
    (6) Perform a continuity test from PL14P1-J to A1-1P4-18, from 
PL14P1-E to A45P3-5, from PL14P1-D to PL1P3-q, and from PL14P2-T to 
A2-1P3-34. If there is no continuity, repair or replace the 
defective wiring.
    (7) If the HYD PRESS and 1 SERVO caution messages remain 
illuminated, replace the Number 1 hydraulic control panel.
    (ii) If the 1 HYD PRESS caution message is illuminated, the HYD 
1 pressure indication is more than 190 bar (2,755 lbf/sq in), and 
the SOV1 shutoff valve is in the open position, replace the pressure 
switch on the Number 1 PCM.
    (iii) If the closure of SOV 1 is indicated on the MFD hydraulic 
synoptic page, before further flight, replace the Number 1 PCM.
    (4) Perform an operational test of the emergency landing gear 
shutoff valve as described in the Compliance Instructions, 
paragraphs 7.1. through 7.4., of BT 139-269.
    (i) If the EMERG L/G PRESS caution message is illuminated, the 
HYD 1 pressure indication is more than 190 bar (2,755 lbf/sq in), 
and the UTIL SOV1 (LDG GEAR EMER) shutoff valve is in the open 
position, replace the pressure switch on the Number 1 PCM.
    (ii) If the 1 HYD MIN caution message is illuminated, inspect 
the fluid level on the Number 1 PCM and inspect the Number 1 main 
hydraulic system for leaks.
    (A) If the fluid level is between the FULL and ADD marks, or if 
there are no hydraulic fluid leaks, perform an operational test of 
the level switches. If the 1 HYD MIN caution message is illuminated, 
replace the Number 1 PCM.
    (B) If there is a hydraulic fluid leak:
    (1) Replace all leaking parts and lines or repair the leak.
    (2) If the 1 HYD MIN caution message remains illuminated, 
perform an operational test of the level switches.
    (3) If the 1 HYD MIN caution message remains illuminated, 
replace the Number 1 PCM.

(f) Alternative Methods of Compliance (AMOCs)

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

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2011-0207, dated October 20, 2011. You may view 
the EASA AD on the Internet at http://www.regulations.gov in Docket 
No. FAA[hyphen]2016-4278.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2900: Hydraulic 
Power.

(i) 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) Agusta Bollettino Tecnico No. 139-269, dated September 30, 
2011.
    (ii) Reserved.
    (3) For Agusta service information identified in this final 
rule, contact AgustaWestland, Product Support Engineering, Via del 
Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio

[[Page 94949]]

D'Angelo; telephone 39-0331-664757; fax 39 0331-664680; or at http://www.agustawestland.com/technical-bulletins.
    (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.

    Issued in Fort Worth, Texas, on December 9, 2016.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-30285 Filed 12-23-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                  94946            Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations

                                                  or the component history card or equivalent             (i) Subject                                           Operations Office between 9 a.m. and 5
                                                  record do not specify a life limit for the TT              Joint Aircraft Service Component (JASC)            p.m., Monday through Friday, except
                                                  strap, or if they specify a different life limit        Code: 6200 Main Rotor System.                         Federal holidays. The AD docket
                                                  than in paragraph (e)(1), do the following:                                                                   contains this AD, the European Aviation
                                                     (i) Revise the Airworthiness Limitations                Issued in Fort Worth, Texas, on December
                                                                                                          1, 2016.                                              Safety Agency (EASA) AD, the
                                                  section of the applicable maintenance
                                                                                                          Lance T. Gant,                                        economic evaluation, any incorporated-
                                                  manual or ICA by establishing a life limit of
                                                  25,000 flights or 10 years since date of                Manager, Rotorcraft Directorate, Aircraft
                                                                                                                                                                by-reference service information, any
                                                  manufacture, whichever occurs first, for each           Certification Service.                                comments received, and other
                                                  TT strap P/N 2604067 and P/N 117–14110 by               [FR Doc. 2016–30053 Filed 12–23–16; 8:45 am]
                                                                                                                                                                information. The street address for the
                                                  making pen-and-ink changes or by inserting                                                                    Docket Operations Office (phone: 800–
                                                                                                          BILLING CODE 4910–13–P
                                                  a copy of this AD into the Airworthiness                                                                      647–5527) is U.S. Department of
                                                  Limitations section of the maintenance                                                                        Transportation, Docket Operations
                                                  manual or the ICA. For purposes of this AD,             DEPARTMENT OF TRANSPORTATION                          Office, M–30, West Building Ground
                                                  a flight would be counted anytime the                                                                         Floor, Room W12–140, 1200 New Jersey
                                                  helicopter lifts off into the air and then lands        Federal Aviation Administration                       Avenue SE., Washington, DC 20590.
                                                  again regardless of the duration of the                                                                       FOR FURTHER INFORMATION CONTACT: Matt
                                                  landing and regardless of whether the engine
                                                                                                          14 CFR Part 39                                        Wilbanks, Aviation Safety Engineer,
                                                  is shut down.
                                                     (ii) Create a component history card or              [Docket No. FAA–2016–4278; Directorate
                                                                                                                                                                Safety Management Group, Rotorcraft
                                                  equivalent record for each TT strap P/N                 Identifier 2012–SW–022–AD; Amendment                  Directorate, FAA, 10101 Hillwood
                                                  2604067 and P/N 117–14110, if one does not              39–18758; AD 2016–26–01]                              Parkway, Fort Worth, Texas 76177;
                                                  exist, and record a life limit of 25,000 flights                                                              telephone (817) 222–5110; email
                                                                                                          RIN 2120–AA64                                         matt.wilbanks@faa.gov.
                                                  or 10 years since date of manufacture,
                                                  whichever occurs first.                                 Airworthiness Directives;                             SUPPLEMENTARY INFORMATION:
                                                     (3) Remove from service each TT strap that
                                                                                                          AgustaWestland S.p.A. (Agusta)                        Discussion
                                                  has reached or exceeded its life limit.
                                                                                                          Helicopters
                                                  (f) Special Flight Permits                                                                                       On March 11, 2016, at 81 FR 12838,
                                                                                                          AGENCY:  Federal Aviation                             the Federal Register published our
                                                     Special flight permits are prohibited.
                                                                                                          Administration (FAA), DOT.                            notice of proposed rulemaking (NPRM),
                                                  (g) Alternative Methods of Compliance                   ACTION: Final rule.                                   which proposed to amend 14 CFR part
                                                  (AMOCs)                                                                                                       39 by adding an AD that would apply
                                                    (1) The Manager, Safety Management                    SUMMARY:   We are adopting a new                      to certain serial-numbered Agusta
                                                  Group, FAA, may approve AMOCs for this                  airworthiness directive (AD) for certain              Model AB139 and AW139 helicopters.
                                                  AD. Send your proposal to: Matt Fuller,                 Agusta Model AB139 and AW139                          The NPRM proposed to require, within
                                                  Senior Aviation Safety Engineer, Safety                 helicopters. This AD requires                         50 hours time-in-service (TIS),
                                                  Management Group, Rotorcraft Directorate,               performing operational checks of both                 performing operational tests of the
                                                  FAA, 10101 Hillwood Pkwy, Fort Worth,                   hydraulic systems. This AD was                        Number 1 and Number 2 hydraulic
                                                  Texas 76177; telephone (817) 222–5110;                  prompted by an assessment of the                      systems power control modules (PCMs),
                                                  email 9-ASW-FTW-AMOC-Requests@faa.gov.                  hydraulic systems of the helicopter                   the tail shut-off valve, the PCM1 and
                                                    (2) For operations conducted under a 14               following an accident. These actions are              PCM2 flight control shut-off valves, and
                                                  CFR part 119 operating certificate or under             intended to prevent the unsafe
                                                  14 CFR part 91, subpart K, we suggest that                                                                    the emergency landing gear shut-off
                                                                                                          condition on these products.                          valve for correct functionality.
                                                  you notify your principal inspector, or
                                                  lacking a principal inspector, the manager of           DATES: This AD is effective January 31,               Depending on the results of the
                                                  the local flight standards district office or           2017.                                                 operational checks, the NPRM proposed
                                                  certificate holding district office, before               The Director of the Federal Register                to require replacing a PCM, the tail shut-
                                                  operating any aircraft complying with this              approved the incorporation by reference               off valve, a flight control shut-off valve,
                                                  AD through an AMOC.                                     of a certain document listed in this AD               the number 2 hydraulic control panel,
                                                                                                          as of January 31, 2017.                               the number 1 hydraulic module, the
                                                  (h) Additional Information
                                                                                                          ADDRESSES: For service information                    number 1 or number 2 PCM pressure
                                                     (1) Airbus Helicopters Alert Service                                                                       switch, or repairing the electrical
                                                                                                          identified in this final rule, contact
                                                  Bulletin ASB BO105LS–10A–013, Revision 0,
                                                                                                          AgustaWestland, Product Support                       wiring. The proposed requirements
                                                  dated March 9, 2015, which is not
                                                  incorporated by reference, contains                     Engineering, Via del Gregge, 100, 21015               were intended to prevent loss of
                                                  additional information about the subject of             Lonate Pozzolo (VA) Italy, ATTN:                      hydraulic power to the flight controls
                                                  this AD. For service information identified in          Maurizio D’Angelo; telephone 39–0331–                 and subsequent loss of control of the
                                                  this AD, contact Airbus Helicopters, 2701 N.            664757; fax 39 0331–664680; or at                     helicopter.
                                                  Forum Drive, Grand Prairie, TX 75052;                   http://www.agustawestland.com/                           The NPRM was prompted by AD No.
                                                  telephone (972) 641–0000 or (800) 232–0323;             technical-bulletins. You may review the               2011–0207, dated October 20, 2011 (AD
                                                  fax (972) 641–3775; or at http://                       referenced service information at the                 No. 2011–0207), issued by EASA, which
                                                  www.airbushelicopters.com/techpub. You                  FAA, Office of the Regional Counsel,                  is the Technical Agent for the Member
                                                  may review the referenced service                       Southwest Region, 10101 Hillwood                      States of the European Union, to correct
                                                  information at the FAA, Office of the                   Pkwy, Room 6N–321, Fort Worth, TX                     an unsafe condition for certain serial-
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Regional Counsel, Southwest Region, 10101                                                                     numbered Agusta Model AB139 and
                                                                                                          76177.
                                                  Hillwood Pkwy, Room 6N–321, Fort Worth,
                                                                                                                                                                AW139 helicopters. EASA advises that
                                                  TX 76177.                                               Examining the AD Docket
                                                     (2) The subject of this AD is addressed in
                                                                                                                                                                an accident involving a Model AW139
                                                  European Aviation Safety Agency (EASA) AD                 You may examine the AD docket on                    helicopter caused the tail rotor (T/R),
                                                  No. 2015–0042, dated March 9, 2015. You                 the Internet at http://                               the T/R gearbox, and part of the fin to
                                                  may view the EASA AD on the Internet at                 www.regulations.gov by searching for                  detach from the aircraft, rupturing the
                                                  http://www.regulations.gov in Docket No.                and locating Docket No. FAA–2016–                     hydraulic lines and draining all of the
                                                  FAA–2016–5247.                                          4278; or in person at the Docket                      hydraulic fluid. According to EASA, an


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                                                                   Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations                                           94947

                                                  assessment of the helicopter’s hydraulic                adopting the AD requirements as                       rules on aviation safety. Subtitle I,
                                                  systems following the accident revealed                 proposed.                                             section 106, describes the authority of
                                                  that an operational check of the                                                                              the FAA Administrator. Subtitle VII:
                                                                                                          Differences Between This AD and the
                                                  hydraulic systems is necessary to ensure                                                                      Aviation Programs, describes in more
                                                                                                          EASA AD
                                                  its functionality. EASA advises that this                                                                     detail the scope of the Agency’s
                                                  condition, if not corrected, could lead,                  The EASA AD requires reporting the                  authority.
                                                  in the case of multiple failures, to loss               results of the operational checks to                     We are issuing this rulemaking under
                                                  of hydraulic power and subsequent loss                  Agusta, while this AD does not. The                   the authority described in Subtitle VII,
                                                  of control of the helicopter. To address                EASA AD also requires compliance                      Part A, Subpart III, Section 44701:
                                                  this, EASA AD No. 2011–0207 requires,                   within 50 flight-hours or 2 months,                   ‘‘General requirements.’’ Under that
                                                  within 50 flight hours or 2 months,                     while this AD requires compliance                     section, Congress charges the FAA with
                                                  operational checks of the power control                 within 50 hours TIS.                                  promoting safe flight of civil aircraft in
                                                  modules and shutoff valves and                          Related Service Information Under 1                   air commerce by prescribing regulations
                                                  reporting the results to the                            CFR Part 51                                           for practices, methods, and procedures
                                                  manufacturer.                                                                                                 the Administrator finds necessary for
                                                                                                            We reviewed BT 139–269 for Model                    safety in air commerce. This regulation
                                                  Comments                                                AB139 and AW139 helicopters. BT 139–                  is within the scope of that authority
                                                    After our NPRM (81 FR 12838, March                    269 contains procedures for conducting                because it addresses an unsafe condition
                                                  11, 2016) was published, we received                    operational checks of both hydraulic                  that is likely to exist or develop on
                                                  comments from one commenter.                            systems to confirm correct functionality.             helicopters identified in this rulemaking
                                                                                                            This service information is reasonably              action.
                                                  Request                                                 available because the interested parties
                                                                                                          have access to it through their normal                Regulatory Findings
                                                    The commenter requested we not
                                                  adopt the proposed AD, as it is                         course of business or by the means                      This AD will not have federalism
                                                  unnecessary. The commenter stated that                  identified in the ADDRESSES section.                  implications under Executive Order
                                                  following the release of EASA AD No.                    Costs of Compliance                                   13132. This AD will not have a
                                                  2011–0207 and Agusta Bollettino                                                                               substantial direct effect on the States, on
                                                                                                             We estimate this AD will affect 102
                                                  Tecnico No. 139–269, dated September                                                                          the relationship between the national
                                                                                                          helicopters of U.S. Registry.
                                                  30, 2011 (BT 139–269), they already                                                                           government and the States, or on the
                                                                                                             Based on an average labor rate of $85
                                                  have a 600 hour/12 month inspection                                                                           distribution of power and
                                                                                                          per hour, we estimate that operators
                                                  and operational check of the hydraulic                                                                        responsibilities among the various
                                                                                                          may incur the following costs in order
                                                  systems as part of their maintenance                                                                          levels of government.
                                                                                                          to comply with this AD. Performing the
                                                  program that covers all of the proposed                 operational checks of the hydraulic                     For the reasons discussed above, I
                                                  actions in the NPRM. Finally, the                       systems requires about 2 work-hours for               certify that this AD:
                                                  commenter stated that the proposed AD                   a total cost per helicopter of $170 and                 (1) Is not a ‘‘significant regulatory
                                                  would not change any of their                           a total cost to U.S. operators of $17,340.            action’’ under Executive Order 12866;
                                                  maintenance procedures, but it would                       If required, replacing a PCM will                    (2) Is not a ‘‘significant rule’’ under
                                                  add an additional burden of required                    require about 3 work-hours and required               DOT Regulatory Policies and Procedures
                                                  paper work for the same results.                        parts will cost about $87,136, for a cost             (44 FR 11034, February 26, 1979);
                                                    We disagree. EASA AD No. 2011–                        per helicopter of $87,391.                              (3) Will not affect intrastate aviation
                                                  0207 is not mandatory for U.S.                             If required, replacing a tail or flight            in Alaska to the extent that it justifies
                                                  operators. Additionally, while an                       control shut-off valve will require about             making a regulatory distinction; and
                                                  operator may incorporate the                            2 work-hours, and required parts will                   (4) Will not have a significant
                                                  procedures described in BT 139–269                      cost about $7,512, for a cost per                     economic impact, positive or negative,
                                                  into its maintenance program, not all                   helicopter of $7,682. If required,                    on a substantial number of small entities
                                                  operators are required to do so. In order               replacing the number 2 hydraulic                      under the criteria of the Regulatory
                                                  for the corrective actions in BT 139–269                control panel will require about 2 work-              Flexibility Act.
                                                  to become mandatory, and to correct the                 hours, and required parts will cost about               We prepared an economic evaluation
                                                  unsafe condition identified in the                      $8,165, for a cost per helicopter of                  of the estimated costs to comply with
                                                  NPRM, the FAA must issue an AD.                         $8,335.                                               this AD and placed it in the AD docket.
                                                  FAA’s Determination                                        If required, replacing the number 1
                                                                                                                                                                List of Subjects in 14 CFR Part 39
                                                                                                          hydraulic module will require about 4
                                                    These helicopters have been approved                  work-hours, and required parts will cost                Air transportation, Aircraft, Aviation
                                                  by the aviation authority of Italy and are              about $87,137, for a cost per helicopter              safety, Incorporation by reference,
                                                  approved for operation in the United                    of $87,477.                                           Safety.
                                                  States. Pursuant to our bilateral                          If required, replacing a PCM pressure
                                                  agreement with Italy, EASA, its                                                                               Adoption of the Amendment
                                                                                                          switch will require about 2 work-hours,
                                                  technical representative, has notified us               and required parts will cost about                      Accordingly, under the authority
                                                  of the unsafe condition described in the                $6,974, for a cost per helicopter of                  delegated to me by the Administrator,
                                                  EASA AD. We are issuing this AD                         $7,144.                                               the FAA amends 14 CFR part 39 as
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  because we evaluated all information                       If required, repairing the electrical              follows:
                                                  provided by EASA, reviewed the                          wiring will require about 2 work-hours,
                                                  relevant information, considered the                    and required parts will cost about $45,               PART 39—AIRWORTHINESS
                                                  comment received, and determined the                    for a cost per helicopter of $215.                    DIRECTIVES
                                                  unsafe condition exists and is likely to
                                                  exist or develop on other helicopters of                Authority for This Rulemaking                         ■ 1. The authority citation for part 39
                                                  these same type designs and that air                      Title 49 of the United States Code                  continues to read as follows:
                                                  safety and the public interest require                  specifies the FAA’s authority to issue                    Authority: 49 U.S.C. 106(g), 40113, 44701.



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                                                  94948            Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations

                                                  § 39.13   [Amended]                                        (C) If the 2 HYD PRESS and 2 SERVO                 described in the Compliance Instructions,
                                                                                                          caution messages remain illuminated:                  paragraphs 7.1. through 7.4., of BT 139–269.
                                                  ■ 2. The FAA amends § 39.13 by adding                      (1) Disconnect the PL14P1 and PL14P2                  (i) If the EMERG L/G PRESS caution
                                                  the following new airworthiness                         connectors from the hydraulic control panel.          message is illuminated, the HYD 1 pressure
                                                  directive (AD):                                            (2) Disconnect the A1–1P4 connector from           indication is more than 190 bar (2,755 lbf/sq
                                                  2016–26–01 AGUSTAWESTLAND S.P.A.                        the MAU1.                                             in), and the UTIL SOV1 (LDG GEAR EMER)
                                                      (AGUSTA): Amendment 39–18758;                          (3) Disconnect the A2–1P3 connector from           shutoff valve is in the open position, replace
                                                      Docket No. FAA–2016–4278; Directorate               the MAU2.                                             the pressure switch on the Number 1 PCM.
                                                      Identifier 2012–SW–022–AD.                             (4) Disconnect the A44P3 connector from               (ii) If the 1 HYD MIN caution message is
                                                                                                          the Number 2 PCM.                                     illuminated, inspect the fluid level on the
                                                  (a) Applicability                                          (5) Disconnect the PL1P3 connector from            Number 1 PCM and inspect the Number 1
                                                    This AD applies to Agusta Model AB139                 the circuit breaker panel.                            main hydraulic system for leaks.
                                                  and AW139 helicopters, all serial numbers                  (6) Perform a continuity test from PL14P1–            (A) If the fluid level is between the FULL
                                                  except serial number 31007, 31094, 31293,               J to A1–1P4–18, from PL14P1–D to PL1P3–               and ADD marks, or if there are no hydraulic
                                                  31301, 31303, 31313, and 31329, certificated            q, from PL14P2–J to A44P3–5, and from                 fluid leaks, perform an operational test of the
                                                  in any category.                                        PL14P2–T to A2–1P3–34. If there is no                 level switches. If the 1 HYD MIN caution
                                                                                                          continuity, repair or replace the defective           message is illuminated, replace the Number
                                                  (b) Unsafe Condition                                    wiring.                                               1 PCM.
                                                    This AD defines the unsafe condition as an               (7) If the HYD PRESS and 2 SERVO caution              (B) If there is a hydraulic fluid leak:
                                                  inoperative hydraulic shut-off valve, which             messages remain illuminated, replace the                 (1) Replace all leaking parts and lines or
                                                  could result in loss of hydraulic power and             number 2 hydraulic power module.                      repair the leak.
                                                  subsequent loss of control of the helicopter.              (ii) If the 2 HYD PRESS caution message               (2) If the 1 HYD MIN caution message
                                                                                                          is illuminated, the HYD 2 pressure indication         remains illuminated, perform an operational
                                                  (c) Effective Date
                                                                                                          is more than 190 bar (2,755 lbf/sq in), and the       test of the level switches.
                                                     This AD becomes effective January 31,                SOV2 shutoff valve is in the open position,              (3) If the 1 HYD MIN caution message
                                                  2017.                                                   replace the pressure switch on the Number             remains illuminated, replace the Number 1
                                                  (d) Compliance                                          2 PCM.                                                PCM.
                                                                                                             (iii) If the closure of SOV 2 is indicated on
                                                    You are responsible for performing each                                                                     (f) Alternative Methods of Compliance
                                                                                                          the MFD hydraulic synoptic page, before
                                                  action required by this AD within the                                                                         (AMOCs)
                                                                                                          further flight, replace the Number 2 PCM.
                                                  specified compliance time unless it has                    (4) Perform an operational test of the PCM            (1) The Manager, Safety Management
                                                  already been accomplished prior to that time.           1 flight control shut-off valve as described in       Group, FAA, may approve AMOCs for this
                                                  (e) Required Actions                                    the Compliance Instructions, paragraphs 6.1.          AD. Send your proposal to: Matt Wilbanks,
                                                                                                          through 6.4., of BT 139–269.                          Aviation Safety Engineer, Safety Management
                                                     Within 50 hours time-in service:                                                                           Group, Rotorcraft Directorate, FAA, 10101
                                                                                                             (i) If the 1 SERVO caution message is
                                                     (1) Perform an operational test of each                                                                    Hillwood Parkway, Fort Worth, Texas 76177;
                                                                                                          illuminated:
                                                  Number 1 and Number 2 power control                                                                           telephone (817) 222–5110; email 9-ASW-
                                                                                                             (A) On the hydraulic control panel, lift the
                                                  module (PCM). If the fluid level in the                                                                       FTW-AMOC-Requests@faa.gov.
                                                                                                          guard of the SOV1/SOV2 switch and set it to
                                                  reservoir changes more than 5mm (0.196 in)                                                                       (2) For operations conducted under a 14
                                                  in an hour, replace the affected PCM.                   SOV1 (closed position). Make sure that the 1
                                                                                                          HYD PRESS caution message and the HYD 1               CFR part 119 operating certificate or under
                                                     (2) Perform an operational test of each tail                                                               14 CFR part 91, subpart K, we suggest that
                                                  shut-off valve. If the 2 SERVO caution                  PRESS warning light on the hydraulic control
                                                                                                          panel are illuminated.                                you notify your principal inspector, or
                                                  message is not illuminated and the UTIL                                                                       lacking a principal inspector, the manager of
                                                  SOV2 and TR SOV indications are in the                     (B) Reset the SOV1/SOV2 switch to the
                                                                                                          open position. If the 1 HYD PRESS and 1               the local flight standards district office or
                                                  open position:                                                                                                certificate holding district office, before
                                                     (i) Disconnect the Tail Shutoff valve                SERVO caution messages remain
                                                                                                          illuminated:                                          operating any aircraft complying with this
                                                  connector, HP4P1.                                                                                             AD through an AMOC.
                                                     (ii) Disconnect the PCM2 connectors,                    (1) Disconnect the PL14P1 and PL14P2
                                                  A44P3 and A44P12.                                       connectors from the hydraulic control panel.          (g) Additional Information
                                                     (iii) Disconnect the TB38 terminal board                (2) Disconnect the A1–1P4 connector from
                                                                                                                                                                   The subject of this AD is addressed in
                                                  connector, TB38P1.                                      the MAU1.
                                                                                                                                                                European Aviation Safety Agency (EASA) AD
                                                     (iv) Perform a continuity test from HP4P1–              (3) Disconnect the A2–1P3 connector from
                                                                                                                                                                No. 2011–0207, dated October 20, 2011. You
                                                  1 to A44P12–16, from HP4P1–2 to TB38P1–                 the MAU2.                                             may view the EASA AD on the Internet at
                                                  D, and from HP4P1–4 to A44P3–6.                            (4) Disconnect the A45P3 connector from            http://www.regulations.gov in Docket No.
                                                     (v) If there is no continuity, repair or             the Number 1 PCM.                                     FAA-2016–4278.
                                                  replace the defective wiring.                              (5) Disconnect the PL1P3 connector from
                                                     (vi) If there is continuity, release the test        the circuit breaker panel.                            (h) Subject
                                                  lever of the PCM2 to the DOWN NORM                         (6) Perform a continuity test from PL14P1–           Joint Aircraft Service Component (JASC)
                                                  position.                                               J to A1–1P4–18, from PL14P1–E to A45P3–               Code: 2900: Hydraulic Power.
                                                     (vii) If the TRSVO indication stays in the           5, from PL14P1–D to PL1P3-q, and from
                                                  closed position, replace the tail shutoff valve.        PL14P2–T to A2–1P3–34. If there is no                 (i) Material Incorporated by Reference
                                                     (3) Perform an operational test of the PCM           continuity, repair or replace the defective              (1) The Director of the Federal Register
                                                  2 flight control shut-off valve as described in         wiring.                                               approved the incorporation by reference of
                                                  the Compliance Instructions, paragraphs 5.1.               (7) If the HYD PRESS and 1 SERVO caution           the service information listed in this
                                                  through 5.5., of Agusta Bollettino Tecnico              messages remain illuminated, replace the              paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                  No. 139–269, dated September 30, 2011 (BT               Number 1 hydraulic control panel.                     part 51.
                                                  139–269).                                                  (ii) If the 1 HYD PRESS caution message               (2) You must use this service information
                                                     (i) If the 2 SERVO caution message is                is illuminated, the HYD 1 pressure indication         as applicable to do the actions required by
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  illuminated:                                            is more than 190 bar (2,755 lbf/sq in), and the       this AD, unless the AD specifies otherwise.
                                                     (A) On the hydraulic control panel, lift the         SOV1 shutoff valve is in the open position,              (i) Agusta Bollettino Tecnico No. 139–269,
                                                  guard of the SOV1/SOV2 switch and set it to             replace the pressure switch on the Number             dated September 30, 2011.
                                                  SOV2 (closed position). Make sure that the 2            1 PCM.                                                   (ii) Reserved.
                                                  HYD PRESS caution message and the HYD 2                    (iii) If the closure of SOV 1 is indicated on         (3) For Agusta service information
                                                  PRESS warning light on the hydraulic control            the MFD hydraulic synoptic page, before               identified in this final rule, contact
                                                  panel are illuminated.                                  further flight, replace the Number 1 PCM.             AgustaWestland, Product Support
                                                     (B) Reset the SOV1/SOV2 switch to the                   (4) Perform an operational test of the             Engineering, Via del Gregge, 100, 21015
                                                  open position.                                          emergency landing gear shutoff valve as               Lonate Pozzolo (VA) Italy, ATTN: Maurizio



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                                                                   Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations                                        94949

                                                  D’Angelo; telephone 39–0331–664757; fax 39              ADDRESSES:   For service information                  functional testing of the system, and
                                                  0331–664680; or at http://                              identified in this final rule, contact                doing corrective actions if necessary; for
                                                  www.agustawestland.com/technical-                       Boeing Commercial Airplanes,                          Model 757 airplanes and Model 767
                                                  bulletins.                                              Attention: Data & Services Management,                airplanes, installing relays and related
                                                     (4) You may view this service information
                                                  at FAA, Office of the Regional Counsel,
                                                                                                          P. O. Box 3707, MC 2H–65, Seattle, WA                 wiring to open and close the FCC analog
                                                  Southwest Region, 10101 Hillwood Pkwy,                  98124–2207; telephone: 206–544–5000,                  output that controls the stabilizer trim
                                                  Room 6N–321, Fort Worth, TX 76177. For                  extension 1; fax: 206–766–5680; Internet              adjustment, doing routine functional
                                                  information on the availability of this                 https://www.myboeingfleet.com. You                    testing of the on-ground auto stabilizer
                                                  material at the FAA, call (817) 222–5110.               may view this referenced service                      trim inhibit system, and doing
                                                     (5) You may view this service information            information at the FAA, Transport                     corrective actions if necessary; and for
                                                  that is incorporated by reference at the                Airplane Directorate, 1601 Lind Avenue                Model 767–300, and –300F series
                                                  National Archives and Records                           SW., Renton, WA. For information on                   airplanes, installing new OPS into the
                                                  Administration (NARA). For information on               the availability of this material at the              FCCs. We are issuing this AD to prevent
                                                  the availability of this material at NARA, call
                                                  (202) 741–6030, or go to: http://
                                                                                                          FAA, call 425–227–1221. It is also                    stabilizer mistrim, which could result in
                                                  www.archives.gov/federal-register/cfr/ibr-              available on the Internet at http://                  a high-speed rejected takeoff and
                                                  locations.html.                                         www.regulations.gov by searching for                  runway overrun, or reduced
                                                                                                          and locating Docket No. FAA–2015–                     controllability of the airplane after
                                                     Issued in Fort Worth, Texas, on December
                                                  9, 2016.
                                                                                                          7525.                                                 takeoff due to insufficient pitch control.
                                                  Scott A. Horn,                                          Examining the AD Docket                               Comments
                                                  Acting Manager, Rotorcraft Directorate,                   You may examine the AD docket on                      We gave the public the opportunity to
                                                  Aircraft Certification Service.                         the Internet at http://                               participate in developing this AD. The
                                                  [FR Doc. 2016–30285 Filed 12–23–16; 8:45 am]            www.regulations.gov by searching for                  following presents the comments
                                                  BILLING CODE 4910–13–P                                  and locating Docket No. FAA–2015–                     received on the NPRM and the FAA’s
                                                                                                          7525; or in person at the Docket                      response to each comment.
                                                                                                          Management Facility between 9 a.m.                    Support for the NPRM
                                                  DEPARTMENT OF TRANSPORTATION                            and 5 p.m., Monday through Friday,
                                                                                                          except Federal holidays. The AD docket                  The Airline Pilots Association,
                                                  Federal Aviation Administration                                                                               International stated that it fully supports
                                                                                                          contains this AD, the regulatory
                                                                                                          evaluation, any comments received, and                the intent of the NPRM.
                                                  14 CFR Part 39
                                                                                                          other information. The address for the                Requests To Withdraw the NPRM
                                                  [Docket No. FAA–2015–7525; Directorate                  Docket Office (phone: 800–647–5527) is
                                                  Identifier 2015–NM–064–AD; Amendment                    Docket Management Facility, U.S.                         United Parcel Service (UPS) requested
                                                  39–18727; AD 2016–25–01]                                Department of Transportation, Docket                  that the NPRM be withdrawn until the
                                                                                                          Operations, M–30, West Building                       actual root cause of the unsafe condition
                                                  RIN 2120–AA64
                                                                                                          Ground Floor, Room W12–140, 1200                      can be determined and a validated and
                                                  Airworthiness Directives; The Boeing                    New Jersey Avenue SE., Washington,                    confirmed solution is developed.
                                                  Company Airplanes                                                                                                FedEx Express (FedEx) requested that
                                                                                                          DC 20590.
                                                                                                                                                                we withdraw the NPRM. FedEx stated
                                                  AGENCY:  Federal Aviation                               FOR FURTHER INFORMATION CONTACT: Fnu                  that the burden of the actions proposed
                                                  Administration (FAA), DOT.                              Winarto, Aerospace Engineer, Systems                  in the NPRM is not justified based on
                                                  ACTION: Final rule.                                     and Equipment Branch, ANM–130S,                       data presented in Boeing Fleet Team
                                                                                                          FAA, Seattle Aircraft Certification                   Digest 757–FTD–22–12001 or its
                                                  SUMMARY:   We are adopting a new                        Office (ACO), 1601 Lind Avenue SW.,                   operational experience. FedEx believes
                                                  airworthiness directive (AD) for certain                Renton, WA 98057–3356; phone: 425–                    this is an extremely isolated and
                                                  The Boeing Company Model 747–400,                       917–6659; fax: 425–917–6590; email:                   unlikely anomaly on the Model 757
                                                  747–400D, and 747–400F series                           fnu.winarto@faa.gov.                                  fleet. FedEx stated that it operates over
                                                  airplanes; Model 757 airplanes; and                     SUPPLEMENTARY INFORMATION:                            100 Model 757 aircraft and has
                                                  Model 767–200, –300, –300F, and                                                                               completed over 210,000 flight cycles
                                                  –400ER series airplanes. This AD was                    Discussion
                                                                                                                                                                with no reports of uncommanded
                                                  prompted by reports of uncommanded                        We issued a notice of proposed                      autopilot engagement.
                                                  autopilot engagement events resulting in                rulemaking (NPRM) to amend 14 CFR                        We disagree with the commenters’
                                                  incorrect stabilizer trim adjustment                    part 39 by adding an AD that would                    request to withdraw the NPRM. The
                                                  during takeoff. This AD requires,                       apply to certain The Boeing Company                   quantitative and qualitative risks
                                                  depending on the model/configuration,                   Model 747–400, 747–400D, and 747–                     analyzed for this identified unsafe
                                                  installing an on-ground stabilizer                      400F series airplanes; Model 757                      condition present an unacceptable risk
                                                  autotrim inhibit system, relays and                     airplanes; and Model 767–200, –300,                   that must be addressed on both
                                                  related wiring to open and close the                    –300F, and –400ER series airplanes. The               passenger and freighter models. The
                                                  flight control computer (FCC) analog                    NPRM published in the Federal                         manufacturer also considers the
                                                  output, and new operational program                     Register on December 23, 2015 (80 FR                  condition a safety issue and has
                                                  software (OPS) into the FCCs. We are                    79735) (‘‘the NPRM’’). The NPRM was                   developed an on-ground stabilizer
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                                                  issuing this AD to address the unsafe                   prompted by reports of uncommanded                    autotrim inhibit system that addresses
                                                  condition on these products.                            autopilot engagement events resulting in              the unsafe condition. We have
                                                  DATES: This AD is effective January 31,                 incorrect stabilizer trim adjustment                  determined that it is necessary to
                                                  2017.                                                   during takeoff. The NPRM proposed to                  proceed with issuance of this AD.
                                                     The Director of the Federal Register                 require, depending on the model/
                                                  approved the incorporation by reference                 configuration for Model 747 airplanes,                Requests To Clarify Root Cause
                                                  of certain publications listed in this AD               installing an on-ground stabilizer                      Boeing requested that we revise the
                                                  as of January 31, 2017.                                 autotrim inhibit system, doing routine                Discussion section of the NPRM. Boeing


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Document Created: 2018-02-14 09:13:33
Document Modified: 2018-02-14 09:13:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective January 31, 2017.
ContactMatt Wilbanks, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Parkway, Fort Worth, Texas 76177; telephone (817) 222-5110; email [email protected]
FR Citation81 FR 94946 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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