[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Rules and Regulations]
[Pages 14385-14388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05525]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Rules 
and Regulations  

[[Page 14385]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0278; Project Identifier MCAI-2021-01437-R; 
Amendment 39-21979; AD 2022-06-13]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 C-2 
and MBB-BK 117 D-2 helicopters. This AD was prompted by a report of 
erroneous or partial installation of the seat belt restraint system. 
This AD requires inspecting certain seats, as specified in a European 
Union Aviation Safety Agency (EASA) AD, which is incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD becomes effective March 30, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 30, 
2022.
    The FAA must receive comments on this AD by April 29, 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 incorporated by reference (IBR) in this final 
rule, 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 this IBR material on the EASA website 
at https://ad.easa.europa.eu. For Mecaer Aviation Group (MAG) service 
information identified in this final rule, contact Mecaer Aviation 
Group, Via dell'Artigianato 1, Monteprandone 63076 Ascoli Piceno, 
Italy; telephone (+39) 0735-7091; email [email protected]; or at 
www.mecaer.com. 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. Service information that is 
IBRed is also available in the AD docket at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2022-0278.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0278; 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, the 
EASA AD, supplemental type certificates (STCs), 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: Antariksh Shetty, Aerospace Engineer, 
Airframe & Propulsion Section, New York ACO Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone (516) 228-7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0287, dated December 21, 2021, 
and corrected January 26, 2022 (EASA AD 2021-0287), to correct an 
unsafe condition for Airbus Helicopters Deutschland GmbH (AHD), 
formerly Eurocopter Deutschland GmbH; and Airbus Helicopters Inc., 
formerly American Eurocopter LLC, Model MBB-BK117 C-2, D-2, and D-3 
helicopters, all serial numbers, if modified in accordance with EASA 
STC 10038915 or STC 10055175. The equivalent FAA STCs for Model MBB-
BK117 C-2 and MBB-BK117 D-2 helicopters are STC SR03130NY and STC 
SR03703NY, respectively. Currently, there are no equivalent FAA STCs or 
any other forms of FAA design approval to install an affected seat on 
Model MBB-BK117 D-3 helicopters. Accordingly, this modification does 
not affect U.S. registered MBB-BK117 D-3 helicopters, so this AD does 
not include that model in the applicability.
    This AD was prompted by a report of erroneous or partial 
installation of the seat belt restraint system. The FAA is issuing this 
AD to ensure proper installation of the seat belt restraint system. See 
EASA AD 2021-0287 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0287 requires a one-time inspection of the affected 
seats and depending on the results, corrective action or marking the 
affected seat ``inoperative.''
    The FAA also reviewed Mecaer Aviation Group Mandatory Service 
Bulletin No. SB-EC1-010, Revision A, dated December 30, 2021 (SB-EC1-
010, Rev A). SB-EC1-010, Rev A identifies affected part-numbered and 
serial-numbered pilot, co-pilot, and passenger (passenger cabin) seats, 
and specifies procedures for inspecting the affected seats for proper 
assembly and corrective action if there is a deviation.
    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.

Other Related Service Information

    The FAA reviewed B/E Aerospace Fischer Component Maintenance Manual 
With Illustrated Parts List, 25-24-19, Revision D, dated September 10, 
2018. This service information specifies

[[Page 14386]]

procedures for maintenance, repair, disassembly, and assembly of an 
affected crew (pilot or co-pilot) seat.
    The FAA also reviewed Fischer+Entwicklungen Component Maintenance 
Manual With Illustrated Parts List, 25-24-29, Revision C, dated January 
09, 2013. This service information specifies procedures for 
maintenance, repair, disassembly, and assembly of an affected common 
(passenger or passenger cabin) seat.

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, its technical representative, 
has notified the FAA of the unsafe condition described in its AD. The 
FAA is issuing this AD after evaluating all pertinent information and 
determining that the unsafe condition exists and is likely to exist or 
develop on other helicopters of the same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2021-0287, described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and except as discussed under ``Differences Between this AD and 
EASA AD 2021-0287.''

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, 
EASA AD 2021-0287 will be incorporated by reference in this FAA final 
rule. This AD would, therefore, require compliance with EASA AD 2021-
0287 in its entirety through that incorporation, except for any 
differences identified as exceptions in the regulatory text of this AD. 
Using common terms that are the same as the heading of a particular 
section in EASA AD 2021-0287 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 2021-0287. Service information 
referenced in EASA AD 2021-0287 for compliance will be available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0278.

Differences Between This AD and EASA AD 2021-0287

    EASA AD 2021-0287 includes Model MBB-BK 117 D-3 helicopters in the 
applicability, whereas this AD does not. This AD requires renumbering 
certain figures in SB-EC1-010, Rev A, for the purposes of this AD, 
whereas EASA AD 2021-0287 does not. Where the service information 
referenced in EASA AD 2021-0287 specifies to contact ``MAG DOA 
([email protected]) to receive instructions,'' this AD requires repair 
done in accordance with certain approved methods instead.
    Where the service information referenced in EASA AD 2021-0287 
specifies, ``17. Make available items C (q.ty 2) and D (q.ty 2) (ref. 
Figure 18), for each affected seat,'' this AD requires installing new 
(zero total hours time-in-service) nuts and hex head screws (bolts).
    Lastly, the service information referenced in EASA AD 2021-0287 
specifies to submit certain information to the manufacturer; this AD 
does not include that requirement.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because seat belt restraint systems are critical for flight crew and 
occupant safety. The improper installation of the seat belt restraint 
system, if not corrected, could result in serious injury to the seat 
occupant during various operations including inclement weather, 
autorotations, hard landings, and emergency or forced landings. In 
light of this, the required actions of this AD must be accomplished 
within 3 months or 50 hours time-in-service, whichever occurs first. 
This is a short compliance time for these high usage helicopters, some 
of which could reach these hours within 60 calendar days. Therefore, 
the compliance time for the required actions is shorter than the time 
necessary for the public to comment and for publication of the final 
rule. Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0278; Project Identifier MCAI-
2021-01437-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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

[[Page 14387]]

of this AD. Submissions containing CBI should be sent to Antariksh 
Shetty, Aerospace Engineer, Airframe & Propulsion Section, New York ACO 
Branch, Compliance & Airworthiness Division, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone (516) 228-7300; 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.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 3 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD.
    Inspecting the seat belt restraint system for a cabin seat takes up 
to 1 work-hour for an estimated cost of up to $85 per cabin seat and up 
to $2,040 for the U.S. fleet.
    If required, reworking the seat belt restraint system for a cabin 
seat takes up to 1 work-hour and parts cost up to $95 for an estimated 
cost of up to $180 per cabin seat and up to $4,320 for the U.S. fleet.
    Inspecting the seat belt restraint system for a pilot/co-pilot seat 
takes up to 2 work-hours for an estimated cost of up to $170 per pilot/
co-pilot seat and up to $1,020 for the U.S. fleet.
    If required, reworking the seat belt restraint system for a pilot/
co-pilot seat takes up to 2 work-hours with a negligible parts cost for 
an estimated cost of up to $170 per pilot/co-pilot seat and up to 
$1,020 for the U.S. fleet. The FAA has no way of determining the costs 
pertaining to any necessary repairs that are required to be done with 
an approved method.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska

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:

AD 2022-06-13 Airbus Helicopters Deutschland GmbH (AHD): Amendment 
39-21979; Docket No. FAA-2022-0278; Project Identifier MCAI-2021-
01437-R.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (AHD) 
Model MBB-BK 117 C-2 and MBB-BK 117 D-2 helicopters, certificated in 
any category, modified by Supplemental Type Certificate (STC) 
SR03130NY, or STC SR03703NY.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of erroneous or partial 
installation of the seat belt restraint system. The FAA is issuing 
this AD to ensure proper installation of the seat belt restraint 
system. The unsafe condition, if not addressed, could prevent proper 
operation of the seat belt restraint system, resulting in subsequent 
injury to the seat occupant.

(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 
2021-0287, dated December 21, 2021, and corrected January 26, 2022 
(EASA AD 2021-0287).

(h) Exceptions to EASA AD 2021-0287

    (1) Where EASA AD 2021-0287 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service (TIS).
    (2) Where EASA AD 2021-0287 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2021-0287 specifies to 
``inspect each affected part in accordance with the instructions of 
the SB,'' this AD requires inspecting each affected part by 
following the procedures in Mecaer Aviation Group Mandatory Service 
Bulletin No. SB-EC1-010, Revision A, dated December 30, 2021 (SB-
EC1-010, Rev A). Except for the purposes of this AD, consider Figure 
16 on page 16 of SB-EC1-010, Rev A, as Figure 18 and consider 
Figures 17 and 18 on page 17 of SB-EC1-010, Rev A, as Figures 19 and 
20, respectively.
    Note 1 to paragraph (h)(3): SB-EC1-010, Rev A refers to a 
passenger seat as a passenger seat and passenger cabin seat; a seat 
belt as a seat belt and safety belt; and a bolt as a hex head screw 
and hex head bolt.
    (4) Where the service information referenced in paragraph (2) of 
EASA AD 2021-0287 specifies to ``contact MAG to receive missing 
parts/materials, if any,'' this AD requires replacing the missing 
parts and materials but does not require contacting MAG to receive 
the missing parts or materials.
    (5) Where the service information referenced in paragraph (2) of 
EASA AD 2021-0287 specifies contacting ``MAG DOA ([email protected]) to 
receive instructions,''

[[Page 14388]]

this AD requires repair done in accordance with 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.
    (6) Where the service information referenced in paragraph (2) of 
EASA AD 2021-0287 specifies, ``17. Make available items C (q.ty 2) 
and D (q.ty 2) (ref. Figure 18), for each affected seat,'' this AD 
requires installing new (zero total hours TIS) nuts and hex head 
screws.
    (7) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0287.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0287 
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) 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

    For more information about this AD, contact Antariksh Shetty, 
Aerospace Engineer, Airframe & Propulsion Section, New York ACO 
Branch, Compliance & Airworthiness Division, FAA, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone (516) 228-7300; 
email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0287, 
dated December 21, 2021, and corrected January 26, 2022.
    (ii) Mecaer Aviation Group Mandatory Service Bulletin No. SB-
EC1-010, Revision A, dated December 30, 2021.
    (3) For EASA AD 2021-0287, 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. For 
Mecaer Aviation Group service information identified in this AD, 
contact Mecaer Aviation Group (MAG), Via dell'Artigianato 1, 
Monteprandone 63076 Ascoli Piceno, Italy; telephone (+39) 0735-7091; 
email [email protected]; or at www.mecaer.com.
    (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.
    (5) You may view this service information 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 March 10, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-05525 Filed 3-11-22; 4:15 pm]
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