[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 73916-73919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26253]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1070; Project Identifier MCAI-2021-00686-R; 
Amendment 39-22247; AD 2022-24-07]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) (Type Certificates Previously Held by Messerschmitt-Bolkow-Blohm 
(MBB), and Eurocopter Deutschland GmbH (ECD)) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding airworthiness directive (AD) 77-04-06, 
which applied to Messerschmitt-Bolkow-Blohm (MBB) (now Airbus 
Helicopters Deutschland GmbH (AHD)) Model BO-105A and BO-105 C 
helicopters; AD 2002-13-06, which applied to certain Eurocopter 
Deutschland GmbH (ECD) (now Airbus Helicopters Deutschland GmbH (AHD)) 
Model BO-105A, BO-105C, BO-105 C-2, BO-105 CB-2, BO-105 CB-4, BO-105 
CS-2, BO-105 CBS-2, BO-105S, and BO-105LS A-1 helicopters; AD 2016-25-
14, which applied to certain Airbus Helicopters Deutschland GmbH (AHD) 
Model BO-105LS A-3 helicopters; and AD 2021-10-14, which applied to 
certain Airbus Helicopters Deutschland GmbH (AHD) Model BO-105A, BO-
105C, BO-105S, and BO-105LS A-3 helicopters. Since the FAA issued those 
ADs, new and more restrictive airworthiness limitations have been 
issued. This AD requires incorporating into existing maintenance 
records requirements (airworthiness limitations) as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. This AD also prohibits the installation of certain part-
numbered tension-torsion (TT) straps. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective January 6, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 6, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1070; 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, 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.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email [email protected]; internet easa.europa.eu.
     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. It is also available at 
regulations.gov under Docket No. FAA-2022-1070.
    Other Related Service Information: For Airbus Helicopters service 
information identified in this final rule, that is not incorporated by 
reference, contact Airbus Helicopters, 2701 North Forum Drive, Grand 
Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax 
(972) 641-3775; or at airbus.com/helicopters/services/technical-support.html.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, COS Program Manager, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Parkway, Fort Worth, TX 
76177; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 77-04-06, Amendment 39-2835 (42 FR 9670, 
February 17, 1977; amended 44 FR 46783, August 9, 1979) (AD 77-04-06); 
AD 2002-13-06, Amendment 39-12794 (67 FR 43526, June 28, 2002) (AD 
2002-13-06); AD 2016-25-14, Amendment 39-18740 (81 FR 94944, December 
27, 2016) (AD 2016-25-14); and AD 2021-10-14, Amendment 39-21547 (86 FR 
27268, May 20, 2021) (AD 2021-10-14).
    AD 77-04-06 applied to Messerschmitt-Bolkow-Blohm (MBB) Model BO-
105A and BO-105C helicopters. AD 77-04-06 was prompted by reports of 
internal corrosion of the main rotor gearbox (MGB) supports, which 
could significantly reduce the structural strength and service life. 
After AD 77-

[[Page 73917]]

04-06 was issued, the FAA determined based on service experience and 
additional test investigations the total hours time-in-service (TIS) 
for certain part-numbered MGB supports could be increased. Accordingly, 
the FAA amended AD 77-04-06 by issuing Amendment 39-3528 (44 FR 46783, 
August 9, 1979), which increased the life limit for the MGB supports.
    AD 2002-13-06 applied to Eurocopter Deutschland GmbH (ECD) Model 
BO-105A, BO-105C, BO-105 C-2, BO-105 CB-2, BO-105 CB-4, BO-105S, BO-105 
CS-2, BO-105 CBS-2, BO-105 CBS-4, and BO-105LS A-1 helicopters, with 
certain part-numbered main rotor (MR) head assemblies and certain part-
numbered TT straps installed. AD 2002-13-06 was prompted by an accident 
in which an MR blade separated from a Eurocopter Model MBB-BK 117 
helicopter due to fatigue failure of a TT strap; the same part-numbered 
TT strap is used on Model BO-105 helicopters. AD 2002-13-06 was also 
prompted by the determination that an additional life limit for certain 
part-numbered TT straps needed to be established. AD 2002-13-06 
required creating a component log card or equivalent record and 
determining the calendar age, number of flights, and flight hours TIS 
on certain part-numbered TT straps; removing and replacing certain TT 
straps, and modifying certain MR heads before certain part-numbered TT 
straps are installed. AD 2002-13-06 also required revising the 
Airworthiness Limitations Schedule (ALS) of the existing maintenance 
manual to reflect the new life limits.
    AD 2016-25-14 applied to Airbus Helicopters Deutschland GmbH (AHD) 
Model BO-105LS A-3 helicopters with certain part-numbered TT straps 
installed. AD 2016-25-14 was prompted by the determination that life 
limits have been introduced for certain part-numbered TT straps 
installed on the helicopter lifting system, and during the revision of 
the ALS for the existing Model BO-105LS A-3 maintenance manual, the 
life limit for the TT strap was inadvertently deleted. AD 2016-25-14 
required inspecting the helicopter records to determine the life limit 
of the TT straps. Depending on the results, AD 2016-25-14 required 
establishing a life limit if none exists; revising the ALS of the 
existing maintenance manual, and creating a component history card or 
equivalent record to reflect this life limit; and replacing certain TT 
straps.
    AD 2021-10-14 applied to Airbus Helicopters Deutschland GmbH (AHD) 
Model BO-105A, BO-105C, BO-105S, and BO105LS A-3 helicopters equipped 
with a certain TT strap. AD 2021-10-14 was prompted by the FAA's 
determination that aging of the elastomeric material in a TT strap 
could affect the structural characteristics of the TT strap. AD 2021-
10-14 required replacement of certain TT straps with serviceable parts 
and implementation of a new storage life limit for TT straps.
    The NPRM published in the Federal Register on September 7, 2022 (87 
FR 54636). The NPRM was prompted by EASA AD 2021-0142, dated June 17, 
2021 (EASA AD 2021-0142), issued by EASA, which is the Technical Agent 
for the Member States of the European Union, to correct an unsafe 
condition for Airbus Helicopters Deutschland GmbH (AHD), formerly 
Eurocopter Deutschland GmbH, Eurocopter Hubschrauber Deutschland GmbH, 
Messerschmitt-B[ouml]lkow-Blohm GmbH; Eurocopter Canada Ltd, formerly 
Messerschmitt-B[ouml]lkow-Blohm Helicopter Canada Limited, Model BO105 
A, BO105 C, BO105 D, BO105 S, BO105 LS A-1, and BO105 LS A-3 
helicopters, all variants, all serial numbers, including BO105 LS A-3 
helicopters modified in accordance with EASA Supplemental Type 
Certificate (STC) 10039633, or previously Luftfahrt-Bundesamt (LBA) 
Germany STC EMZ NR. 0654/3058 (commercially known as ``Superlifter''). 
EASA AD 2021-0142 superseded a series of ADs to include EASA AD 2019-
0024, dated February 4, 2019 (which prompted AD 2021-10-14); EASA AD 
2015-0042, dated March 9, 2015 (which prompted AD 2016-25-14); EASA AD 
2013-0015, dated January 16, 2013; EASA AD 2010-0153, dated July 27, 
2010; LBA Germany AD 2001-281, dated October 18, 2001 (which prompted 
AD 2002-13-06); and LBA Germany AD 76-136/2, dated October 5, 1978 
(which prompted AD 77-04-06).
    The NPRM proposed to require incorporating into existing 
maintenance records new and more restrictive requirements 
(airworthiness limitations), as specified in EASA AD 2021-0142. The 
NPRM also proposed to prohibit the installation of certain part-
numbered TT straps. The FAA is issuing this AD to address the unsafe 
condition on these products.
    Additionally, the actions required to address the unsafe conditions 
in AD 77-04-06, AD 2002-13-06, AD 2016-25-14, and AD 2021-10-14 are 
included in ``the applicable ALS,'' as defined in EASA AD 2021-0142. 
Therefore, the FAA is superseding AD 77-04-06, AD 2002-13-06, AD 2016-
25-14, and AD 2021-10-14 in order to reduce the burden on operators by 
requiring compliance with a single FAA AD in lieu of multiple FAA ADs.
    You may examine EASA AD 2021-0142 in the AD docket at 
regulations.gov under Docket No. FAA-2022-1070.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments regarding the NPRM or on the 
determination of the cost to the public.

Conclusion

    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 reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters. Except for minor editorial changes, 
this AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0142 requires replacing certain components before 
exceeding their applicable life limit. EASA AD 2021-0142 also prohibits 
installing Bendix TT-strap part number 2602559, 2606576, 2604067, or 
117-14110, and requires revising the approved aircraft maintenance 
program (AMP) by incorporating the limitations described in ``the 
applicable ALS'' as defined in EASA AD 2021-0142.
    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 Airbus Helicopters BO 105 Maintenance Manual (MM), 
Revision 31, dated December 15, 2020, for Model BO-105A, BO-105C, BO-
105 D, BO-105S, and BO-105LS A-1 helicopters; Airbus Helicopters BO 105 
LS A-3 MM, Revision 7, dated November 27, 2018, for Model BO-105 LS A-3 
helicopters; and Airbus Helicopters MM BO 105 LS A-3 ``Super Lifter'' 
Appendix 010, Revision 4, dated March 28, 2019, for BO 105 LS A-3 
``Superlifter'' helicopters.
    This service information specifies certain actions and associated 
thresholds and intervals, including life limits and maintenance tasks. 
These requirements (airworthiness limitations) include new life limits, 
including cure dates and storage life limits, for certain part-numbered 
TT straps.

[[Page 73918]]

ADs Mandating Airworthiness Limitations

    The FAA has previously mandated airworthiness limitations by 
mandating each airworthiness limitation task (e.g., inspections and 
replacements (life limits)) as an AD requirement or issuing ADs that 
require revising the ALS of the existing maintenance manual or 
instructions for continued airworthiness to incorporate new or revised 
inspections and life limits. This AD, however, requires operators to 
incorporate into maintenance records required by 14 CFR 91.417(a)(2) or 
135.439(a)(2), as applicable for your helicopter, the requirements 
(airworthiness limitations) specified in EASA AD 2021-0142. The FAA 
does not intend this as a substantive change. For these ADs, the ALS 
requirements for operators are the same but are complied with 
differently. Requiring the incorporation of the new ALS requirements 
into the maintenance records, rather than requiring individual ALS 
tasks (e.g., repetitive inspections and replacements), requires 
operators to record AD compliance once after updating the maintenance 
records, rather than after every time the ALS task is completed.
    In addition, paragraph (h) of this AD allows operators to 
incorporate later approved revisions of the ALS document as specified 
in the ``Ref. Publications'' section of EASA AD 2021-0142 without the 
need for an alternative method of compliance (AMOC).

Differences Between This AD and the EASA AD

    This AD does not require compliance with paragraphs (3), (4), and 
(5) of EASA AD 2021-0142.
    EASA AD 2021-0142 is applicable to Model BO-105D helicopters, 
whereas this AD is not because Model BO-105D helicopters are not 
certificated by the FAA and are not included on the U.S. type 
certificate data sheet. EASA AD 2021-0142 is applicable to Model BO-105 
LS A-3 helicopters modified in accordance with EASA STC 10039633, or 
previously LBA Germany STC EMZ NR. 0654/3058 (commercially known as 
``Superlifter''), whereas this AD applies to Model BO-105 LS A-3 
helicopters modified in accordance with STC SR00043RD.

Costs of Compliance

    The FAA estimates that this AD affects 67 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.
    Incorporating requirements (airworthiness limitations) into 
existing maintenance records takes about 2 work-hours for an estimated 
cost of $170 per helicopter and $11,390 for the U.S. fleet.

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 has determined that 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:
0
a. Removing Airworthiness Directive 77-04-06, Amendment 39-2835 (42 FR 
9670, February 17, 1977; amended 44 FR 46783, August 9, 1979); 
Airworthiness Directive 2002-13-06, Amendment 39-12794 (67 FR 43526, 
June 28, 2002); Airworthiness Directive 2016-25-14, Amendment 39-18740 
(81 FR 94944, December 27, 2016); and Airworthiness Directive 2021-10-
14, Amendment 39-21547 (86 FR 27268, May 20, 2021); and
0
b. Adding the following new airworthiness directive:

2022-24-07 Airbus Helicopters Deutschland GmbH (AHD) (Type 
Certificates previously held by Messerschmitt-Bolkow-Blohm (MBB), 
and Eurocopter Deutschland GmbH (ECD)): Amendment 39-22247; Docket 
No. FAA-2022-1070; Project Identifier MCAI-2021-00686-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 6, 2023.

(b) Affected ADs

    This AD replaces the ADs specified in paragraphs (b)(1) through 
(4) of this AD.
    (1) AD 77-04-06, Amendment 39-2835 (42 FR 9670, February 17, 
1977; amended 44 FR 46783, August 9, 1979).
    (2) AD 2002-13-06, Amendment 39-12794 (67 FR 43526, June 28, 
2002).
    (3) AD 2016-25-14, Amendment 39-18740 (81 FR 94944, December 27, 
2016).
    (4) AD 2021-10-14, Amendment 39-21547 (86 FR 27268, May 20, 
2021).
    Note 1 to paragraph (b): The requirements of this AD capture the 
latest tasks and life limits required to prevent the unsafe 
conditions addressed by the ADs that are identified in paragraphs 
(b)(1) through (4) of this AD.

(c) Applicability

    This AD applies to all Airbus Helicopters Deutschland GmbH (AHD) 
(type certificates previously held by Messerschmitt-Bolkow-Blohm 
(MBB), and Eurocopter Deutschland GmbH (ECD)) Model BO-105A, BO-
105C, BO-105S, BO-105LS A-1, and BO-105LS A-3 helicopters, including 
BO-105LS A-3 helicopters modified in accordance with Supplemental 
Type Certificate SR00043RD, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6300, Main Rotor 
Drive System.

(e) Unsafe Condition

    This AD was prompted by new and more restrictive airworthiness 
limitations. The FAA is issuing this AD to address the failure of 
certain parts, which could result in the loss of control of the 
helicopter.

[[Page 73919]]

(f) Compliance

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

(g) Required Actions

    (1) Within 30 days after the effective date of this AD, 
incorporate into maintenance records required by 14 CFR 91.417(a)(2) 
or 135.439(a)(2), as applicable for your model and configuration 
helicopter, the requirements (airworthiness limitations) specified 
in paragraphs (1.1), (1.2), and (1.3), and the Definitions section, 
of European Union Aviation Safety Agency (EASA) AD 2021-0142, dated 
June 17, 2021 (EASA AD 2021-0142). Where paragraphs (1.2) and (1.3) 
of EASA AD 2021-0142 refer to its effective date, this AD requires 
using the effective date of this AD.
    (2) As of the effective date of this AD, comply with the parts 
installation prohibition specified in paragraph (2) of EASA AD 2021-
0142.

(h) Provisions for Alternative Requirements (Airworthiness Limitations)

    After the actions required by paragraph (g)(1) of this AD have 
been done, no alternative requirements (airworthiness limitations) 
are allowed unless they are approved as specified in the provisions 
of the ``Ref. Publications'' section of EASA AD 2021-0142.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are prohibited.

(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 Kristi Bradley, COS 
Program Manager, COS Program Management Section, Operational Safety 
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Parkway, Fort Worth, TX 76177; telephone (817) 222-5110; 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0142, 
dated June 17, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0142, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected], You may find this EASA AD on the EASA website at 
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.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26253 Filed 12-1-22; 8:45 am]
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