[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28476-28479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11080]


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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; Amendment 
39-21548; AD 2021-10-15]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting 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 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 AD requires 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 (now European Union Aviation Safety Agency) 
(EASA) AD, which is

[[Page 28477]]

incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective July 1, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 1, 
2021.

ADDRESSES: For material incorporated by reference (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-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 final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Program Manager, 
Large Aircraft Section, International Validation Branch, Compliance & 
Airworthiness Division, FAA, 2200 South 216th St., Des Moines, WA 
98198; telephone and fax 206-231-3218; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The EASA, 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.
    EASA's Model 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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus Helicopters 
Deutschland GmbH Model MBB-BK 117 C-2 and Model MBB-BK 117 D-2 
helicopters, except the Model MBB-BK117 C-2(e) configuration. The NPRM 
published in the Federal Register on March 11, 2021 (86 FR 13830). The 
NPRM 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 NPRM proposed to 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 an EASA AD.
    The FAA is issuing 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Costs of Compliance Update

    The NPRM had specified no definitive data was available for the 
costs of the modification and certain parts. The FAA has received data 
on the costs of the modification and parts and has updated the costs of 
compliance accordingly.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes and a change to paragraph (i)(1) of 
this AD. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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.

Costs of Compliance

    The FAA estimates that this AD affects 175 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this 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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4 work-hours x $85 per hour = $340...........................          $2,276           $2,616         $457,800
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[[Page 28478]]

    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
------------------------------------------------------------------------
          Labor cost                 Parts cost        Cost per product
------------------------------------------------------------------------
2 work-hours x $85 per hour =   Up to $970.........  Up to $1,140.
 $170.
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 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

    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) 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 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.


Sec.  39.13  [Amended]

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

2021-10-15 Airbus Helicopters Deutschland GmbH: Amendment 39-21548; 
Docket No. FAA-2020-1171; Product Identifier 2017-SW-124-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective July 1, 2021.

(b) Affected 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.

(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 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, 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

[[Page 28479]]

to the manager of the International Validation Branch, send it to 
the attention of the person identified in paragraph (j) 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

    For more information about this AD, contact Kathleen Arrigotti, 
Program Manager, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and 
fax: 206-231-3218; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 this AD specifies otherwise.
    (i) European Aviation Safety Agency (EASA) AD 2017-0177, dated 
September 14, 2017.
    (ii) [Reserved]
    (3) 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.
    (4) You may view this service information 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.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 3, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-11080 Filed 5-26-21; 8:45 am]
BILLING CODE 4910-13-P