[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Proposed Rules]
[Pages 20341-20344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07800]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0308; Project Identifier MCAI-2020-00594-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) 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 certain Airbus Helicopters Deutschland GmbH (AHD) Model BO-105A, 
BO-105C, BO-105S, and BO-105LS A-3 helicopters equipped with a certain 
hoist system. This AD was prompted by an uncommanded activation of the 
hoist cable cutter function on an MBB-BK117 C-1 helicopter, which 
prompted a design review of the BO105 hoist control grip with coiled 
cable. This proposed AD would require inspections of the hoist control 
grip with coiled cable and deactivation of the hoist cuter function, as 
specified in a European Aviation Safety Agency (now 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 June 3, 
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

[[Page 20342]]

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-2021-0308.

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-
0308; 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, 
Cabin Safety & Environmental Systems Section, Los Angeles ACO Branch, 
Compliance & Airworthiness Division, 3960 Paramount Blvd., Lakewood, CA 
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-2021-0308; Project Identifier 
MCAI-2020-00594-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 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, Cabin Safety & Environmental 
Systems Section, Los Angeles ACO Branch, Compliance & Airworthiness 
Division, 3960 Paramount Blvd., Lakewood, CA 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 2015-0017, dated February 4, 2015 
(EASA AD 2015-0017) to correct an unsafe condition for all Airbus 
Helicopters Deutschland GmbH Model BO105 A, BO105 C, BO105 D, BO105 S 
and BO105 LS A-3 helicopters.
    This proposed AD was prompted by uncommanded activation of the 
hoist cable cutter function on an MBB-BK117 C-1 helicopter which 
prompted a design review of the BO105 hoist control grip with coiled 
cable. It was determined that mechanical damage in the harness of the 
control grip could cause an uncommanded deployment of the cable cutter 
function. The FAA is proposing this AD to prevent uncommanded cutting 
of the hoist cable and subsequent injury to persons being lifted by the 
hoist and injury to persons on the ground. See the EASA AD for 
additional background information.

Related Service Information Under 1 CFR Part 51

    For Model BO105 C, BO105 D, BO105 S and BO105 LS A-3 helicopters, 
EASA AD 2015-0017 specifies to perform an initial and recurring 
inspections of the hoist control grip with coiled cable of the hoist 
and depending on the results, replacing the hoist control grip with 
coiled cable with a serviceable part. EASA also specifies to replace 
any hoist control grip with coiled cable that has exceeded 10 years 
since first installation or since last overhaul and to deactivate the 
cable cutter function in accordance with referenced service 
information.
    EASA AD 2015-0017 also specifies to not operate the hoist on any of 
the model BO105 A, BO105 D, variant BO105 D, and BO105 DS helicopters. 
For most BO105 model helicopters, except for BO105 D, variant BO105 D, 
and BO105 DS model helicopters, EASA specifies to amend the helicopter 
flight manual (FM) to incorporate the temporary revision as specified 
in Table 1 of the EASA AD.
    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 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 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 these 
same type designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2015-0017, 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 the EASA AD.'' Additionally, 
the owner/operator (pilot) may perform the required visual checks but 
must enter compliance with the applicable paragraph of this AD in the 
helicopter maintenance records in accordance with 14 CFR 43.9(a)(1) 
through (4) and 91.417(a)(2)(v). A pilot may perform these checks 
because they only involve visually checking affected control grips with 
coiled cable. This action can be performed equally well by a pilot or a 
mechanic. This check is an exception to the FAA's standard maintenance 
regulations.

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

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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 2015-0017 will be incorporated by 
reference in the FAA final rule. This proposed AD would, therefore, 
require compliance with EASA AD 2015-0017 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 2015-0017 that is 
required for compliance with EASA AD 2015-0017 will be available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0308 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    Where EASA AD 2015-0017 refers to its effective date, this proposed 
AD requires using the effective date of the FAA AD. Where EASA AD 2015-
0017 specifies this unsafe condition for Airbus Helicopters Deutschland 
GmbH Model BO105 A, BO105 C, BO105 D, BO105 S and BO105 LS A-3 
helicopters, this proposed AD will not include Model BO-105 D 
helicopters, because this model is not FAA type-certificated. Where 
EASA AD 2015-0017 specifies replacing an affected part, this proposed 
AD requires removing the part from service. Where the service 
information referenced in the EASA AD refers to calendar time for 
certain actions, this proposed AD uses hours time-in-service instead. 
The EASA AD allows a tolerance to certain compliance times, whereas 
this proposed AD does not. The EASA AD requires using service 
information to accomplish the preflight checks of the control grip with 
coil cable, whereas this proposed AD would require visually checking 
the condition of the control grip and coiled cable for mechanical 
damage including deformed or damaged switches, damaged housing, 
abrasion, cracks, and cuts instead.

Interim Action

    The FAA considers this proposed AD interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this AD affects 20 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 hoist control grip with coiled cable would take up 
to one quarter work-hour(s) for an estimated cost of $21 per helicopter 
and $420 for the U.S. fleet, per inspection cycle.
    Replacing the hoist control grip would take about 1 work-hour and 
parts cost $1,956 for an estimated cost of $2,041 per helicopter.
    Replacing the coiled cable would take about 2 work-hours and parts 
cost $1,858 for an estimated cost of $2,028 per helicopter.
    Deactivation of the cable cutter function would take about 1 work 
hour and parts would cost about $26 for an estimated cost $111 per 
hoist control grip.

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 (AHD): Docket No. FAA-2021-0308; 
Project Identifier MCAI-2020-00594-R.

(a) Comments Due Date

    The FAA must receive comments by June 3, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (AHD) 
Model BO-105A, BO-105C, BO-105S, and BO-105LS A-3 helicopters, 
certificated in any category, as identified in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
2015-0017 dated February 4, 2015 (EASA AD 2015-0017).

(d) Subject

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

(e) Reason

    This AD was prompted by uncommanded activation of the hoist 
cable cutter function on an MBB-BK117 C-1 helicopter which prompted 
a design review of the BO105 hoist control grip with coiled cable. 
The FAA is issuing this AD to prevent uncommanded cutting of the 
hoist cable and subsequent injury to persons being lifted by the 
hoist and injury to persons on the ground.

(f) Compliance

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

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(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 2015-0017.

(h) Exceptions to EASA AD 2015-0017

    (1) Where EASA AD 2015-0017 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where Note 1 of EASA AD 2015-0017 specifies a non-cumulative 
compliance time tolerance of 10% for certain required compliance 
times, this AD does not allow this tolerance.
    (3) Where paragraph (1) of EASA AD 2015-0017 specifies a 
compliance time of ``not to exceed 30 days'', this AD requires a 
compliance time of within 13 hours time-in-service.
    (4) Where paragraph (4) of EASA AD 2015-0017 specifies a 
compliance time of ``within 9 months'', this AD requires a 
compliance time of within 108 hours time-in-service.
    (5) Where paragraph (5) of EASA AD 2015-0017 specifies a 
compliance time of ``within 3 months'', this AD requires a 
compliance time of within 36 hours time-in-service.
    (6) Where paragraph (3) of EASA AD 2015-0017 specifies replacing 
a part with a serviceable part, this AD requires removing the part 
from service.
    (7) Where the service information referenced in EASA AD 2015-
0017 specifies to use tooling, equivalent tooling may be used.
    (8) Where the service information referenced in paragraph (2) of 
EASA AD 2015-0017 specifies a visual check of the control grip 
coiled cable, this AD requires, before next flight after the 
effective date of this AD involving a hoist operation, visually 
checking the control grip with coiled cable for mechanical damage 
including deformed or damaged switches, damaged housing, abrasion, 
cracks, and cuts. These visual checks may be performed by the owner/
operator (pilot) holding at least a private pilot certificate and 
must be entered into the aircraft records showing compliance with 
this AD in accordance with 14 CFR 43.9(a)(1) through (4) and 14 CFR 
91.417(a)(2)(v). The record must be maintained as required by 14 CFR 
91.417, 121.380, or 135.439.
    (9) Where EASA AD 2015-0017 refers to November 10, 2014, the 
effective date of EASA AD 2014-0235, this AD requires using the 
effective date of this AD.
    (10) The ``Remarks'' section of EASA AD 2015-0017 does not apply 
to this AD.

(i) 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 (j)(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.

(j) Related Information

    (1) For EASA AD 2015-0017, 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-2021-0308.
    (2) For more information about this AD, contact Blaine Williams, 
Aerospace Engineer, Cabin Safety & Environmental Systems Section, 
Los Angeles ACO Branch, Compliance & Airworthiness Division, 3960 
Paramount Blvd., Lakewood, CA 90712; telephone (562) 627-5371; email 
[email protected].

    Issued on April 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.

[FR Doc. 2021-07800 Filed 4-16-21; 8:45 am]
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