[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Proposed Rules]
[Pages 11315-11319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03932]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1123; Product Identifier 2017-SW-013-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: The FAA is revising an earlier proposal for Airbus Helicopters 
Deutschland GmbH (Airbus Helicopters) Model MBB-BK 117 C-2 and Model 
MBB-BK 117 D-2 helicopters. This action revises the notice of proposed 
rulemaking (NPRM) by changing one of the required actions. The FAA is 
proposing this airworthiness directive (AD) to address the unsafe 
condition on these products. Since these actions impose an additional 
burden over that proposed in the NPRM, the FAA is reopening the comment 
period to allow the public the chance to comment on these proposed 
changes.

DATES: The comment period for the NPRM published in the Federal 
Register on December 5, 2017 (82 FR 57390), is reopened. The FAA must 
receive comments on this SNPRM by April 27, 2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

[[Page 11316]]

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1123; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this proposed AD, the European Aviation Safety Agency (EASA) AD, any 
comments received, and other information. The street address for Docket 
Operations is listed above. Comments will be available in the AD docket 
shortly after receipt.
    For service information identified in this proposed rule, contact 
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; 
telephone 972-641-0000 or 800-232-0323; fax 972-641-3775; or at https://www.airbus.com/helicopters/services/technical-support.html. You may 
view the referenced service information at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, 
Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views. The FAA also invites comments 
relating to the economic, environmental, energy, or federalism impacts 
that might result from adopting the proposals in this document. The 
most helpful comments reference a specific portion of the proposal, 
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 only one 
time.
    The FAA will file in the docket all comments received, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, 
the FAA will consider all comments received on or before the closing 
date for comments. The FAA will consider comments filed after the 
comment period has closed if it is possible to do so without incurring 
expense or delay. The FAA may change this proposal in light of the 
comments received.

Discussion

    The FAA issued an NPRM to amend 14 CFR part 39 to remove AD 2017-
02-07, Amendment 39-18786 (82 FR 10267, February 10, 2017) (``AD 2017-
02-07'') and add a new AD. AD 2017-02-07 applies to Airbus Helicopters 
Model MBB-BK 117 C-2 helicopters, serial numbers up to and including 
9750, and Model MBB-BK 117 D-2 helicopters, serial numbers up to and 
including 20110, with a hydraulic module plate assembly part number 
B291M0003103 with a single locking attachment point installed. AD 2017-
02-07 requires a repetitive inspection and a one-time torque of the 
hydraulic module plate assembly attachment points (attachment points). 
The actions in AD 2017-02-07 are intended to prevent failure of an 
attachment point, loss of the hydraulic module plate, and subsequent 
loss of control of the helicopter.
    The NPRM published in the Federal Register on December 5, 2017 (82 
FR 57390). The NPRM proposed to retain the initial inspection and 
torque requirements of AD 2017-02-07 and require replacing the single 
locking attachment mechanisms with double locking attachment 
mechanisms. The NPRM was prompted by EASA AD No. 2017-0047, dated March 
13, 2017, issued by EASA, which is the Technical Agent for the Member 
States of the European Union, to correct an unsafe condition on Airbus 
Helicopters Deutschland GmbH (formerly Eurocopter Deutschland GmbH) 
Model MBB-BK117 C-2, MBB-BK117 C-2e, MBB-BK117 D-2 and MBB-BK117 D-2m 
helicopters. EASA advises that the hydraulic plate assembly on certain 
MBB-BK117 models has four attachment points on the fuselage secured by 
a single locking mechanism. According to EASA, a design reassessment 
revealed stiffness of the hydraulic plate may be insufficient to 
withstand the in-service loads in the event one of the four single 
locking attachment points fails. The EASA AD requires a repetitive 
inspection and one-time torque tightening of the attachment points 
until replacement of the single locking attachment hardware with double 
locking attachment hardware.

Actions Since the NPRM Was Issued

    Since the NPRM was issued, Airbus Helicopters revised its service 
information by adding a requirement to reposition the aft grounding 
straps and inspect the clamping effect of the aft attachment points 
when the double locking attachment hardware is installed. The revised 
service information also has an alternative clamp effect inspection for 
helicopters that have previously installed the double locking 
attachment hardware. These additional actions address the unsafe 
condition by ensuring the correct torque is applied and the bolts do 
not loosen. The FAA is proposing this SNPRM to include these additional 
actions.
    Further, the FAA has corrected an error in the NPRM proposing to 
apply a torque of 9 to 10 Nm to the left-hand and right-hand nuts of 
each attachment point. This torque adjustment is only necessary for 
each forward (not aft) attachment point.
    Lastly, the website address for Airbus Helicopters has also 
changed. This website address has been updated throughout this SNPRM.

Comments

    The FAA gave the public the opportunity to comment on the original 
NPRM (82 FR 57390, December 5, 2017). The FAA received no comments on 
that NPRM or on the determination of the cost to the public.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA of the 
unsafe condition described in its AD. The FAA is proposing this SNPRM 
after evaluating all information provided by EASA and determining the 
unsafe condition exists and is likely to exist or develop on other 
helicopters of these same type designs. Certain changes described above 
expand the scope of the original NPRM. As a result, the FAA has 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this SNPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB) 
No. ASB MBB-BK117 C-2-29A-003 for Model MBB-BK 117 C-2 helicopters and 
ASB No. ASB MBB-BK117 D-2-29A-001 for Model MBB-BK 117 D-2 helicopters, 
both Revision 3 and dated December 19, 2017. Until the attachment 
points are modified with double locking attachment mechanisms, this 
service information specifies a repetitive visual inspection for 
condition and correct installation of the attachment points and 
replacing the affected parts if there is a crack. This service 
information also

[[Page 11317]]

specifies a tightening torque check of the forward attachment points 
after the initial inspection and replacing the affected parts if torque 
cannot be applied. This service information specifies procedures to 
replace the single locking attachment hardware with double locking 
attachment hardware.
    For certain helicopters with a hydraulic module plate assembly with 
the double locking attachment hardware installed, this revision of the 
service information contains procedures to inspect the clamping effect 
of the aft attachment points and torque tightening the screw joints 
(bolts). If a bolt can be turned while applying this torque, the 
service information specifies instructions to replace the split pin, 
washer, and self-locking castellated nut, check the bolt for wear and 
replace it if necessary, change the position of the aft grounding 
strap, check the electrical bonding, and apply PU-Lacquer to the 
grounding connection.
    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.

Other Related Service Information

    The FAA also reviewed Airbus Helicopters ASB No. ASB MBB-BK117 C-2-
29A-003 for Model MBB-BK 117 C-2 helicopters and ASB No. ASB MBB-BK117 
D-2-29A-001 for Model MBB-BK 117 D-2 helicopters, both Revision 1 and 
dated October 14, 2016, and both Revision 2 and dated February 1, 2017. 
Revisions 1 and 2 of this service information contain the same visual 
inspection and torque tightening check procedures as Revision 3. 
Revision 2 of this service information adds the procedures to replace 
the single locking attachment hardware with double locking attachment 
hardware and contains the same forward locking attachment hardware 
replacement procedures as Revision 3.

Proposed Requirements of the SNPRM

    For helicopters with a hydraulic module plate assembly with the 
single locking attachment hardware installed, this proposed AD would 
require, within 100 hours time-in-service (TIS), performing a visual 
inspection of each attachment point of the hydraulic module plate 
assembly for a crack and proper installation, and applying torque to 
the nuts of each forward attachment point. Within 300 hours TIS, this 
proposed AD would require replacing each single locking attachment 
point mechanism with a double locking attachment point mechanism.
    For helicopters with a hydraulic module plate assembly with double 
locking attachment hardware installed in accordance with Airbus 
Helicopters ASB No. ASB MBB-BK117 C-2-29A-003 or ASB No. ASB MBB-BK117 
D-2-29A-001, both Revision 2 and dated February 1, 2017, this proposed 
AD would require, within 300 hours TIS, inspecting the clamping effect 
of the aft joints and torque tightening the bolts. If a bolt can be 
turned while applying torque, this proposed AD would require removing 
the split pin and self-locking castellated nut from service, inspecting 
the bolt for wear and replacing it if necessary, repositioning the aft 
grounding strap to the opposite side of the attachment point, replacing 
the washer, installing a new self-locking castellated nut, inspecting 
the electrical bonding, installing a new split pin, and applying 
lacquer to the grounding connection.

Differences Between This SNPRM and the EASA AD

    The EASA AD specifies performing the visual inspection of each 
attachment point at intervals not exceeding 400 flight hours. This 
proposed AD would not require a repetitive inspection. This proposed AD 
would require the replacement of each single locking attachment point 
mechanism with a double locking attachment point mechanism within 300 
hours TIS instead, which would make subsequent inspections unnecessary. 
Since EASA has not revised or superseded its AD to incorporate Revision 
3 of the service information, the EASA AD does not require inspecting 
the clamping effect of the aft joints, torque tightening the bolts, and 
corrective action if necessary for helicopters with a hydraulic module 
plate assembly with double locking attachment hardware installed in 
accordance with Airbus Helicopters ASB No. ASB MBB-BK117 C-2-29A-003 or 
ASB No. ASB MBB-BK117 D-2-29A-001, both Revision 2 and dated February 
1, 2017.

Costs of Compliance

    The FAA estimates that this proposed AD affects 167 helicopters of 
U.S. Registry. The FAA estimates that operators may incur the following 
costs in order to comply with this AD. The FAA estimates the cost of 
labor at $85 per work-hour.
    Visually inspecting the four attachment points would take about 
0.75 work-hour for an estimated cost of $64 per helicopter and $10,688 
for the U.S. fleet. Inspecting the torque of the four attachment points 
would take about 0.25 work-hour for an estimated cost of $21 per 
helicopter and $3,507 for the U.S. fleet. Replacing any of the 
attachment point parts would take a minimal amount of time and parts 
would cost about $48 per attachment point. Installing four double 
locking attachment point mechanisms would take a minimal amount of time 
and parts would cost about $400 per helicopter and $66,800 for the U.S. 
fleet.
    For certain double locking attachment hardware aft joints, 
inspecting the clamping effect and applying torque would take about 1 
work-hour for an estimated cost of $85 per helicopter. If required, 
inspecting and replacing parts, repositioning the aft grounding strap, 
inspecting the electrical bonding, and applying lacquer to the 
grounding connection would take about 0.5 work-hour and parts would 
cost about $15 for an estimated cost of $58 per helicopter.
    According to Airbus Helicopters' service information, some of the 
costs of this proposed AD may be covered under warranty, thereby 
reducing the cost impact on affected individuals. The FAA does not 
control warranty coverage by Airbus Helicopters. Accordingly, the FAA 
has included all costs in this cost estimate.

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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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.

[[Page 11318]]

    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Will not affect intrastate aviation in Alaska, and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2017-02-07, Amendment 39-18786 (82 FR 10267, February 10, 2017), and 
adding the following new AD:

Airbus Helicopters Deutschland GmbH: Docket No. FAA-2017-1123; 
Product Identifier 2017-SW-013-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
MBB-BK 117 C-2 helicopters, serial numbers up to and including 9750, 
and Airbus Helicopters Deutschland GmbH Model MBB-BK 117 D-2 
helicopters, serial numbers up to and including 20110, certificated 
in any category, with a hydraulic module plate assembly part number 
B291M0003103 with a single locking attachment point installed or 
with a double locking attachment point installed before the 
effective date of this AD in accordance with Airbus Helicopters 
Alert Service Bulletin (ASB) No. ASB MBB-BK117 C-2-29A-003 (ASB MBB-
BK117 C-2-29A-003 Rev 2) or ASB No. ASB MBB-BK117 D-2-29A-001 (ASB 
MBB-BK117 D-2-29A-001 Rev 2), both Revision 2 and dated February 1, 
2017, as applicable to your model helicopter.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a hydraulic 
module plate assembly attachment point (attachment point). This 
condition could result in loss of the hydraulic module plate and 
subsequent loss of control of the helicopter.

(c) Affected ADs

    This AD replaces 2017-02-07, Amendment 39-18786 (82 FR 10267, 
February 10, 2017).

(d) Comments Due Date

    The FAA must receive comments by April 27, 2020.

(e) Compliance

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

(f) Required Actions

    Comply with either paragraphs (f)(1) and (2) of this AD, or 
paragraph (f)(3) of this AD, as applicable to your helicopter.
    (1) For helicopters with a hydraulic module plate assembly with 
a single locking attachment hardware installed, within 100 hours 
time-in-service (TIS):
    (i) Visually inspect the split pins, castellated nuts, plugs, 
nuts, and hexagon bolts of each attachment point for a crack and for 
proper installation by following the Accomplishment Instructions, 
paragraphs 3.B.1.3.a. through 3.B.1.3.d., of Airbus Helicopters ASB 
No. ASB MBB-BK117 C-2-29A-003 (ASB MBB-BK117 C-2-29A-003 Rev 3) or 
Airbus Helicopters ASB No. ASB MBB-BK117 D-2-29A-001 (ASB MBB-BK117 
D-2-29A-001 Rev 3), both Revision 3 and dated December 19, 2017, as 
applicable to your model helicopter. Replace any part that has a 
crack before further flight. If the split pins, castellated nuts, or 
hexagon bolts are not as depicted in Figures 1 and 2 of ASB MBB-
BK117 C-2-29A-003 Rev 3 or ASB MBB-BK117 D-2-29A-001 Rev 3, before 
further flight, properly install them.
    (ii) Apply a torque of 9 to 10 Nm to the left-hand (LH) and 
right-hand (RH) nuts of each forward attachment point. If a torque 
of 9 to 10 Nm cannot be applied, replace the affected nut before 
further flight.
    (2) For helicopters with a hydraulic module plate assembly with 
a single locking attachment hardware installed, within 300 hours 
TIS:
    (i) Replace each forward single locking attachment hardware with 
double locking attachment hardware by following the Accomplishment 
Instructions, paragraphs 3.B.3.3. through 3.B.3.6. on page 11 of ASB 
MBB-BK117 C-2-29A-003 Rev 3 or ASB MBB-BK117 D-2-29A-001 Rev 3, as 
applicable to your model helicopter, except you are not required to 
discard old parts.
    (ii) Replace each aft single locking attachment hardware with 
double locking attachment hardware and reposition the LH and RH aft 
grounding straps by following the Accomplishment Instructions, 
paragraphs 3.B.3.1. through 3.B.3.7. on page 13 of ASB MBB-BK117 C-
2-29A-003 Rev 3 or ASB MBB-BK117 D-2-29A-001 Rev 3, as applicable to 
your model helicopter, except you are not required to discard old 
parts.
    (3) If you have replaced the attachment hardware with double 
locking attachment hardware before the effective date of this AD in 
accordance with ASB MBB-BK117 C-2-29A-003 Rev 2 or ASB MBB-BK117 D-
2-29A-001 Rev 2, as applicable to your model helicopter: Within 300 
hours TIS, inspect the clamping effect of the LH and RH aft screw 
joints (bolts) of the hydraulic module plate by following the 
Accomplishment Instructions, paragraph 3.B.5., of ASB MBB-BK117 C-2-
29A-003 Rev 3 or ASB MBB-BK117 D-2-29A-001 Rev 3, as applicable to 
your model helicopter, except you are not required to discard old 
parts.

    Note 1 to paragraph (f)(3) of this AD: Airbus Helicopters refers 
to bolts as ``screw joints.''

(g) Credit for Previous Actions

    Actions accomplished before the effective date of this AD in 
accordance with the procedures specified in the following are 
considered acceptable for compliance with the corresponding actions 
in paragraph (f)(1) of this AD:
    (1) AD 2017-02-07, Amendment 39-18786 (82 FR 10267, February 10, 
2017).
    (2) Airbus Helicopters ASB No. ASB MBB-BK117 C-2-29A-003, 
Revision 1, dated October 14, 2016.
    (3) Airbus Helicopters ASB No. ASB MBB-BK117 C-2-29A-003, 
Revision 2, dated February 1, 2017.
    (4) Airbus Helicopters ASB No. ASB MBB-BK117 D-2-29A-001, 
Revision 1, dated October 14, 2016.
    (5) Airbus Helicopters ASB No. ASB MBB-BK117 D-2-29A-001, 
Revision 2, dated February 1, 2017.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to: 
Matt Fuller, Senior Aviation Safety Engineer, Safety Management 
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., 
Fort Worth, TX 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, the FAA suggests 
that you notify your principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district office 
or certificate holding district office before operating any aircraft 
complying with this AD through an AMOC.

(i) Additional Information

    (1) Airbus Helicopters ASB No. ASB MBB-BK117 C-2-29A-003 and ASB 
No. ASB MBB-BK117 D-2-29A-001, both Revision 1 and dated October 14, 
2016, and both Revision 2 and dated February 1, 2017, which are not 
incorporated by reference, contain additional information about the 
subject of this AD. For service information identified in this AD, 
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 
75052; telephone 972-641-0000 or 800-232-0323; fax 972-641-3775; or 
at https://www.airbus.com/helicopters/services/technical-support.html. You may view a copy of the service information at the 
FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2017-0047, dated March 13, 2017. You may 
view the EASA AD on the internet at https://www.regulations.gov in 
Docket No. FAA-2017-1123.

[[Page 11319]]

(j) Subject

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

    Issued in Fort Worth, Texas, on February 14, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-03932 Filed 2-26-20; 8:45 am]
BILLING CODE 4910-13-P