[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Proposed Rules]
[Pages 13830-13833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05086]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1171; Product Identifier 2017-SW-124-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus Helicopters Deutschland GmbH Model MBB-BK 117 C-2 and 
Model MBB-BK 117 D-2 helicopters. This proposed AD was prompted by a 
determination that a life limit for the adapter forward (FWD) of the 
outboard load system, repetitive inspections of other components of 
that system, and for certain helicopters, a modification of the 
outboard load system, are necessary to address the unsafe condition. 
This proposed AD would require a modification of the outboard load 
system for certain helicopters, repetitive inspections of the outboard 
load system and its components for any defect (including cracking, 
damage, corrosion, and incorrect installation) and applicable 
corrective actions, and implementation of a new life limit for the FWD 
adapter, as specified in a European Aviation Safety Agency (EASA) AD, 
which is proposed for incorporation by reference (IBR). The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 26, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that is proposed for IBR in this AD, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 
000;

[[Page 13831]]

email [email protected]; internet www.easa.europa.eu. You may find 
this material on the EASA website at https://ad.easa.europa.eu. You may 
view this material at the 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. It is also available in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-1171.

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-2020-
1171; 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 NPRM, 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 FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aviation Safety 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3218; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2020-1171; Product Identifier 
2017-SW-124-AD'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposal.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Kathleen Arrigotti, Aviation Safety Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des Moines, 
WA 98198; phone and fax: 206-231-3218; email: 
[email protected]. Any commentary that the FAA receives that 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Discussion

    The EASA (now European Union Aviation Safety Agency), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2017-0177, dated September 14, 2017 (EASA AD 2017-0177) (also 
referred to as the Mandatory Continuing Airworthiness Information, or 
the MCAI), to correct an unsafe condition for all Airbus Helicopters 
Deutschland GmbH Model MBB-BK 117 C-2 helicopters, except the Model C-
2e variant, and all Model MBB-BK 117 D-2 helicopters.
    Airbus Helicopters Deutschland GmbH MBB-BK 117 C-2e variant 
helicopters are not a unique model on the U.S. type certificate but are 
considered a configuration of the Model MBB-BK117 C-2. The U.S. type 
certificate data sheet explains that the FAA determined that the type 
design changes involved did not rise to the level that required an FAA 
amended type certificate. However, the FAA does recognize that 
helicopters with these type design changes exist, therefore the 
designation Model MBB-BK117 C-2(e) is used, starting from Serial Number 
9601. The Model MBB-BK117 C-2(e) is a visual flight rules only 
configuration of the Model MBB-BK117 C-2 utilizing a Garmin 500H flight 
display system.
    This proposed AD was prompted by a determination that a life limit 
for the adapter FWD of the outboard load system, repetitive inspections 
of other components of that system, and for certain helicopters, a 
modification of the outboard load system, are necessary to address the 
unsafe condition. The FAA is proposing this AD to address detachment of 
an external load or person from the helicopter hoist, resulting in 
personal injury, or injury to persons on the ground. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2017-0177 describes procedures for modification of the 
outboard load system for certain Model MBB-BK 117 C-2 helicopters, 
repetitive inspections of the outboard load system and its components 
for any defect (including cracking, damage, corrosion, and incorrect 
installation) and corrective actions, and implementation of a new life 
limit for the FWD adapter (i.e., repetitive replacements). The 
corrective actions include replacement of any defective component with 
a serviceable part.
    This material 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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD after evaluating all the 
relevant information and determining the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2017-0177, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to

[[Page 13832]]

use this process. As a result, EASA AD 2017-0177 will be incorporated 
by reference in the FAA final rule. This proposed AD would, therefore, 
require compliance with EASA AD 2017-0177 in its entirety, through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this proposed AD. Using common terms that are 
the same as the heading of a particular section in the EASA AD does not 
mean that operators need comply only with that section. For example, 
where the AD requirement refers to ``all required actions and 
compliance times,'' compliance with this AD requirement is not limited 
to the section titled ``Required Action(s) and Compliance Time(s)'' in 
the EASA AD. Service information specified in EASA AD 2017-0177 that is 
required for compliance with EASA AD 2017-0177 will be available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-1171 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 175 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                     Estimated Costs for Required Actions *
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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2 work-hours x $85 per hour = $170...........................          $1,306           $1,476         $258,300
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* The FAA has received no definitive data that would enable providing cost estimates for the modification
  specified in this proposed AD.

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
helicopters that might need these on-condition actions:

                Estimated Costs of On-Condition Action *
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                                                             Cost per
              Labor cost                   Parts cost        product
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2 work-hours x $85 per hour = $170....           $ (*)         $170 (*)
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* The FAA has not received any definitive data regarding the parts cost,
  therefore this table does not include estimated costs for parts.

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators. The FAA does not control warranty 
coverage for affected operators. As a result, the FAA has included all 
known costs in the 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.
    For the reasons discussed above, 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 adding the following new airworthiness 
directive:

Airbus Helicopters Deutschland GmbH: Docket No. FAA-2020-1171; 
Product Identifier 2017-SW-124-AD.

(a) Comments Due Date

    The FAA must receive comments by April 26, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
MBB-BK 117 C-2 and Model MBB-BK 117 D-2 helicopters, certificated in 
any category, all manufacturer serial numbers, except the Model MBB-
BK117 C-2(e) configuration.

    Note 1 to paragraph (c):  Model MBB-BK117 C-2 helicopters 
utilizing a Garmin 500H flight display system are designated by EASA 
as Model MBB-BK117 C-2e variants of the Model BK 117 C-2 
helicopters, and by the FAA as a Model MBB-BK117 C-2(e) 
configuration.


[[Page 13833]]



(d) Subject

    Joint Aircraft System Component (JASC) Code 2500, Cabin 
Equipment/Furnishings.

(e) Reason

    This AD was prompted by a determination that a life limit for 
the adapter forward (FWD) of the outboard load system, repetitive 
inspections of other components of that system, and for certain 
helicopters, a modification of the outboard load system are 
necessary to address the unsafe condition. The FAA is issuing this 
AD to address detachment of an external load or person from the 
helicopter hoist, which could result in personal injury, or injury 
to persons on the ground.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD 2017-0177, dated September 14, 
2017 (EASA AD 2017-0177).

(h) Exceptions to EASA AD 2017-0177

    (1) Where EASA AD 2017-0177 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2017-0177 does not apply 
to this AD.
    (3) Where the service information referenced in EASA AD 2017-
0177 specifies contacting the applicable manufacturer of the 
dedicated equipment for a definition of a cycle and recalculation to 
hoist cycles, this AD does not require contacting the manufacturer 
for a definition of a cycle and recalculation to hoist cycles.
    (4) Where paragraph (3) of EASA AD 2017-0177 specifies to do 
``applicable corrective actions,'' for this AD, if there are any 
defective components, replace all defective components with 
serviceable components in accordance with FAA-approved procedures. 
For the purposes of this AD, a defect may be indicated by cracking, 
damage, corrosion, or incorrect installation.
    (5) Although the service information referenced in EASA AD 2017-
0177 specifies to discard certain parts, this AD requires removing 
those parts from service instead.
    (6) Where the service information referenced in EASA AD 2017-
0177 refers to flight hours (FH), this AD requires using hours time-
in-service.
    (7) Paragraph (9) of EASA AD 2017-0177 does not apply to this 
AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Strategic Policy Rotorcraft Section, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the Manager of the Strategic Policy Rotorcraft Section, 
send it to: Manager, Strategic Policy Rotorcraft Section, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email 
[email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local Flight Standards District Office/Certificate Holding 
District Office.

(j) Related Information

    (1) For EASA AD 2017-0177, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu. You may 
view this material at the 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. This material may be found in the AD docket 
on the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-1171.
    (2) For more information about this AD, contact Kathleen 
Arrigotti, Aviation Safety Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3218; email: 
[email protected].

    Issued on January 5, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-05086 Filed 3-10-21; 8:45 am]
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