[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Proposed Rules]
[Pages 67364-67367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25206]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1007; Project Identifier MCAI-2021-00324-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 C-2 and 
MBB-BK 117 D-2 helicopters. This proposed AD was prompted by report 
that a collective bellcrank-K was found incorrectly installed on a 
helicopter. This proposed AD would require inspecting the collective 
bellcrank-K to determine if it is correctly installed and has a correct 
position marking and, depending on the findings, applicable corrective 
actions, as specified in a European Union Aviation Safety Agency (EASA) 
AD, which is proposed for incorporation by reference (IBR). This 
proposed AD would also allow installation of an affected collective 
bellcrank-K, provided certain instructions are followed. 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 January 10, 
2022.

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 EASA material that is proposed for IBR in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find the EASA 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. This material is also 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-1007.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1007; 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, the EASA AD, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, FAA, 950 L'Enfant Plaza SW, Washington, DC 
20024; telephone (202) 267-9167; 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-2021-1007; Project Identifier 
MCAI-2021-00324-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.

[[Page 67365]]

    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 NPRM.

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 Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 950 
L'Enfant Plaza SW, Washington, DC 20024; telephone (202) 267-9167; 
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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0074, dated March 15, 2021 
(EASA AD 2021-0074), to correct an unsafe condition for all Airbus 
Helicopters Deutschland GmbH (formerly Eurocopter Deutschland GmbH; and 
Airbus Helicopters Inc., formerly American Eurocopter LLC) Model MBB-
BK117 C-2 and MBB-BK117 D-2 helicopters.
    This proposed AD was prompted by a report that a collective 
bellcrank-K (affected part) was found incorrectly installed on a 
helicopter. Subsequent investigations revealed that the affected part 
was an in-service replacement, and that the position marking on that 
part was incorrect. The FAA is proposing this AD to address incorrect 
installation of a collective bellcrank-K, which could lead to unwanted 
collective input, resulting in reduced control of the helicopter. See 
EASA AD 2021-0074 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0074 requires a one-time inspection of an affected 
part for correct installation by measuring the distance between the 
front edge of the bearing block and the front edge of the affected 
part, and for correct application of position markings, and, depending 
on the findings, accomplishment of applicable corrective actions. If an 
affected part is incorrectly installed, the corrective actions include 
inspecting for signs of chafing on the bearing block, the control 
lever, the forked lever, the sliding sleeve, and the bearing ring, 
replacing any parts that have signs of chafing, and installing a 
serviceable bellcrank-K with an applied position marking. If an 
affected part is correctly installed but the position marking is not 
correct, the corrective actions include re-working the affected part or 
replacing the affected part with a serviceable part that has an applied 
position marking. EASA AD 2021-0074 also allows installation of an 
affected part, provided certain instructions are followed.
    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

    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 about the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other helicopters of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0074, 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 developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2021-0074 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0074 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 EASA AD 2021-0074 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 EASA AD 2021-
0074. Service information required by EASA AD 2021-0074 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-1007 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 140 helicopters of U.S. Registry. The FAA estimates the 
following costs to comply with this proposed AD.

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Inspection for correct installation     0.50 work-hour x $85 per              $0          $42.50          $5,950
 and position marking.                   hour = $42.50.
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[[Page 67366]]

    The FAA estimates the following costs to do any necessary 
replacements or rework that would be required based on the results of 
the proposed inspection. The agency has no way of determining the 
number of helicopters that might need this replacement or rework:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace collective bellcrank-K................  8 work-hours x $85 per hour =             $4,018          $4,698
                                                 $680.
Rework collective bellcrank-K.................  2 work-hours x $85 per hour =                  0             170
                                                 $170.
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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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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-2021-1007; 
Project Identifier MCAI-2021-00324-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 10, 2022.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6230, Main Rotor 
Mast/Swashplate.

(e) Unsafe Condition

    This AD was prompted a report that a collective bellcrank-K 
(affected part) was found incorrectly installed on a helicopter. 
Subsequent investigations found that the affected part was an in-
service replacement, and that the position marking on that part was 
incorrect. The FAA is issuing this AD to incorrect installation of a 
collective bellcrank-K, which could lead to unwanted collective 
input, resulting in reduced control of the helicopter.

(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 Union Aviation Safety Agency (EASA) AD 
2021-0074, dated March 15, 2021 (EASA AD 2021-0074).

(h) Exceptions to EASA AD 2021-0074

    (1) Where EASA AD 2021-0074 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0074 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where the service information referenced in EASA AD 2021-
0074 specifies discarding a part, this AD requires removing that 
part from service.
    (4) Where the service information referenced in EASA AD 2021-
0074 specifies contacting Airbus Helicopters for instructions to 
rework a bellcrank-K, the rework must be accomplished using a method 
approved by the Manager, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA; or EASA; or Airbus 
Helicopters' EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.
    (5) Where the service information referenced in EASA AD 2021-
0074 specifies to ``forecast the compliance time of Part IV and 
schedule the accomplishment accordingly,'' for clarification, this 
AD requires doing the correction of the position marking of the 
bellcrank-K at the time specified in paragraph (3) of EASA AD 2021-
0074.
    (6) Where the service information referenced in EASA AD 2021-
0074 specifies contacting Airbus Helicopters if there is mechanical 
damage or corrosion on the bushings of the bellcrank assembly, this 
AD does not require that action.
    (7) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0074.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0074 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(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.

[[Page 67367]]

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 2021-0074, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.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 at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-1007.
    (2) For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, FAA, 950 L'Enfant 
Plaza SW, Washington, DC 20024; telephone (202) 267-9167; email 
[email protected].

    Issued on November 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-25206 Filed 11-24-21; 8:45 am]
BILLING CODE 4910-13-P