[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Proposed Rules]
[Pages 17330-17332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06767]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0254; Project Identifier MCAI-2020-00481-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

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 D-2 
helicopters. This proposed AD was prompted by reports of chafing marks 
on the wiring harness behind the middle side panels in the area of the 
front passenger (PAX) panels. This proposed AD would require 
inspecting, modifying, and rerouting the wiring harness, as specified 
in a European Union 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 May 17, 
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; 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-2021-0254.

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-2021-
0254; 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: Blaine Williams, Aerospace Engineer, 
Los Angeles ACO Branch, Compliance & Airworthiness Division, 3960 
Paramount Blvd., Lakewood, California 90712; telephone 562-627-5371; 
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-2021-0254; Project Identifier 
MCAI-2020-00481-R'' 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

[[Page 17331]]

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 
Blaine Williams, Aerospace Engineer, Los Angeles ACO Branch, Compliance 
& Airworthiness Division, 3960 Paramount Blvd., Lakewood, California 
90712; telephone 562-627-5371; 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, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0305, dated December 17, 2019 
(EASA AD 2019-0305) to correct an unsafe condition for all Airbus 
Helicopters Deutschland GmbH Model MBB-BK117 D-2 helicopters.
    This proposed AD was prompted by reports of chafing marks found on 
the wiring harness behind the middle side panels, in the area of the 
front PAX panels. According to EASA, subsequent investigations 
identified low clearance between the harness and the surrounding 
structure. Airbus Helicopters identified the cause of the chafing marks 
as contact of the harness with the front PAX panel screws. The FAA is 
proposing this AD to prevent failure of the helicopter wiring harness. 
See the EASA AD for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0305 specifies inspecting the wiring harness installed 
behind the front PAX panel of the left and right hand middle side 
panels and depending on the results, repairing or modifying the wiring 
harness. For a modified wiring harness, EASA AD 2019-0305 specifies 
repetitively inspecting for damage.
    The FAA also reviewed Airbus Helicopters Alert Service Bulletin 
(ASB) No. MBB-BK117 D-2-88A-003, Revision 1 and dated December 9, 2019 
(ASB MBB-BK117 D-2-88A-003). ASB MBB-BK117 D-2-88A-003 applies to Model 
MBB-BK-117 D-2 and D-2m helicopters. This service information specifies 
inspecting, repairing, and modifying the wiring harness installed 
behind the front PAX panel of the left and right hand middle side 
panels. 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

    These products have been approved by the aviation authority of 
another country, and are 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 EASA 
AD 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 designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0305, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and EASA AD 2019-0305.''

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 use this process. As a result, EASA AD 2019-0305 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0305 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 2019-0305 that is required for compliance with EASA AD 2019-
0305 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0254 after the FAA 
final rule is published.

Differences Between This Proposed AD and EASA AD 2019-0305

    Where the EASA AD refers to flight hours, this proposed AD would 
use hours time-in-service (TIS) instead. Where the EASA AD allows a 
tolerance to the compliance time of certain initial and repetitive 
inspections, this proposed AD would require a compliance time of within 
440 hours TIS after modification of an affected part for a certain 
initial inspection and thereafter at intervals within 440 hours TIS for 
certain repetitive inspections instead. Where the EASA AD requires 
repetitive inspections in accordance with paragraph 3.B.8. of ASB MBB-
BK117 D-2-88A-003, this proposed AD would require repetitive 
inspections in accordance with paragraph 3.B.9. of ASB MBB-BK117 D-2-
88A-003.

Costs of Compliance

    The FAA estimates that this AD affects 60 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this proposed AD.
    Inspecting the wiring harness would take about 6 work-hours for an 
estimated cost of $510 per helicopter and $30,600 for the U.S. fleet, 
per inspection cycle.
    Modification during the inspection of the wiring harness would take 
about 6 work-hours for an estimated cost of $510 per helicopter.

[[Page 17332]]

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-2021-0254; 
Project Identifier MCAI-2020-00481-R.

(a) Comments Due Date

    The FAA must receive comments by May 17, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Deutschland GmbH Model 
MBB-BK 117 D-2 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 1497, Miscellaneous 
Wiring.

(e) Reason

    This AD was prompted by reports of chafing marks found on the 
wiring harness behind the middle side panels, in the area of the 
front passenger panels. Further investigations identified low 
clearance between the harness and the surrounding structure. Airbus 
Helicopters identified the cause of the chafing marks as contact of 
the harness with the front passenger panel screws. The FAA is 
issuing this AD to prevent electrical failure of the helicopter 
wiring harness.

(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, EASA AD 2019-0305, dated December 17, 2019 (EASA AD 
2019-0305).

(h) Exceptions to EASA AD 2019-0305

    (1) Where EASA AD 2019-0305 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2019-0305 refers to flight hours (FH), this AD 
requires using hours time-in-service (TIS).
    (3) Where paragraph (6) of EASA AD 2019-0305 specifies a 
compliance time for the initial inspection of within 400 flight 
hours after the modification of an affected part and thereafter at 
intervals not exceeding 400 flight hours, plus a non-cumulative 
tolerance of 40 flight hours, this AD requires a compliance time of 
within 440 hours TIS after the modification of an affected part for 
the initial inspection and thereafter at intervals not exceeding 440 
hours TIS.
    (4) Where paragraph (6) of EASA AD specifies repetitive 
inspections in accordance with paragraph 3.B.8. of the referenced 
Alert Service Bulletin (ASB), this AD requires repetitive 
inspections in accordance with paragraph 3.B.9. of ASB No. MBB-BK117 
D-2-88A-003, Revision 1 and dated December 9, 2019.
    (5) Where the service information referenced in EASA AD 2019-
0305 specifies to use tooling, equivalent tooling may be used.
    (6) The ``Remarks'' section of EASA AD 2019-0305 does not apply 
to this AD.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, 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 International Validation Branch, send 
it to the attention of the person identified in paragraph (k)(2) of 
this AD. Information may be emailed to: [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.

(k) Related Information

    (1) For EASA AD 2019-0305, 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-2021-0254.
    (2) For more information about this AD, contact Blaine Williams, 
Aerospace Engineer, Los Angeles ACO Branch, Compliance & 
Airworthiness Division, 3960 Paramount Blvd., Lakewood, California 
90712; telephone 562-627-5371; email [email protected].

    Issued on March 25, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-06767 Filed 4-1-21; 8:45 am]
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