[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Rules and Regulations]
[Pages 7572-7575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02502]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0159; Project Identifier MCAI-2023-00046-R; 
Amendment 39-22326; AD 2023-03-01]
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 
Airbus Helicopters Deutschland GmbH (AHD) Model BO-105A, BO-105C, BO-
105S, BO-105LS A-1, BO-105LS A-3, MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-
BK 117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2, MBB-BK 117 C-1, MBB-BK 117 
C-2, and MBB-BK 117 D-2 helicopters. This AD was prompted by a report 
of a missing main rotor swashplate (swashplate) inner ring (inner 
ring). This AD requires inspecting for the presence of the inner ring 
and, depending on the results, accomplishing additional actions. This 
AD also prohibits installing an affected swashplate unless it is 
determined that the inner ring is installed, 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 is effective February 21, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 21, 
2023.
    The FAA must receive comments on this AD by March 23, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0159; 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 listed above.
    Material Incorporated by Reference:
     For EASA material that is incorporated by reference 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 find the EASA material on the EASA website at 
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 at 
regulations.gov under Docket No. FAA-2023-0159.
    Other Related Service Information: For Airbus Helicopters service 
information that is identified in this final rule, 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 https://www.airbus.com/helicopters/services/technical-support.html. You may 
also view this service information at the FAA contact information under 
Material Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1701 Columbia Ave., Mail Stop: ACO, 
College Park, GA 30337; telephone (404) 474-5548; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

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-2023-0159; Project Identifier MCAI-
2023-00046-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.

[[Page 7573]]

    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 
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 of this AD. Submissions containing CBI should be sent to Dan 
McCully, Program Manager, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1701 Columbia 
Ave., Mail Stop: ACO, College Park, GA 30337; telephone (404) 474-5548; 
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 Emergency AD 2023-0006-E, dated January 
12, 2023 (EASA AD 2023-0006-E), to correct an unsafe condition on 
Airbus Helicopters Deutschland GmbH (AHD) Model BO105 A, BO105 C, BO105 
D, BO105 S, BO105 LS A-1, BO105 LS A-3, MBB-BK117 A-1, MBB-BK117 A-3, 
MBB-BK117 A-4, MBB-BK117 B-1, MBB-BK117 B-2, MBB-BK117 C-1, MBB-BK117 
C-2, and MBB-BK117 D-2 helicopters.
    This AD was prompted by a report of a missing inner ring on a Model 
MBB-BK 117 C-2 helicopter; because the other model helicopters are 
subject to the same unsafe condition due to design similarity of the 
swashplate, they are included in this AD's applicability. The FAA is 
issuing this AD to detect a missing inner ring, which if not addressed, 
could result in loss of main rotor control and subsequent loss of 
control of the helicopter.
    You may examine EASA AD 2023-0006-E in the AD docket at 
regulations.gov under Docket No. FAA-2023-0159.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0006-E requires inspecting affected swashplates to 
determine if the inner ring is installed and, if the inner ring is not 
installed or if it cannot be determined if the inner ring is installed, 
contacting Airbus Helicopters Deutschland GmbH (AHD) to obtain approved 
instructions and accomplishing those instructions. EASA AD 2023-0006-E 
also prohibits installing an affected swashplate unless it is 
determined that the inner ring is installed.
    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 Emergency Alert Service 
Bulletin (EASB) BO105-40A-110, EASB BO105LS-40A-15, EASB BO105 LS A-3-
STC-0654/3058-40A-3, EASB MBB-BK117-40A-118, and EASB MBB-BK117-62-32-
0001, each Revision 0 and dated January 11, 2023, and co-published as 
one document. This service information specifies procedures for a one-
time visual check for installation of the inner ring. If the inner ring 
is not installed or if it is difficult to determine if the inner ring 
is installed, this service information specifies contacting Airbus 
Helicopters for further instructions before further flight.

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 emergency 
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 these same type 
designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2023-0006-E, 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 
the EASA 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, 
EASA AD 2023-0006-E is incorporated by reference in this FAA final 
rule. This AD, therefore, requires compliance with EASA AD 2023-0006-E 
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 2023-0006-E 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 2023-0006-E. Service information 
referenced in EASA AD 2023-0006-E for compliance will be available at 
regulations.gov under Docket No. FAA-2023-0159 after this final rule is 
published.

Differences Between This AD and the EASA AD

    This AD is considered interim action and further rulemaking may 
follow, whereas EASA AD 2023-0006-E is not considered interim action. 
EASA AD 2023-0006-E applies to Model BO105 D helicopters, whereas this 
AD does not because that model is not FAA type-certificated.
    EASA AD 2023-0006-E requires contacting Airbus Helicopters to 
obtain approved instructions and accomplishing those instructions, 
whereas this AD requires accomplishing actions in accordance with a 
method approved by the FAA, EASA, or Airbus Helicopters Deutschland 
GmbH's EASA Design Organization Approval. Alternatively, this AD allows 
replacing the swashplate and requires reporting information to Airbus 
Helicopters Deutschland GmbH (AHD).

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified,

[[Page 7574]]

the FAA might consider further rulemaking then.

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 the inner ring is part of the main rotor swashplate, which is 
critical to the control of a helicopter. A missing inner ring could 
result in loss of main rotor control during any phase of flight without 
previous indication. The FAA also has no information pertaining to how 
quickly the condition may propagate to failure. In light of this, the 
initial inspection must be accomplished before further flight. 
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.

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 245 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.
    Visually inspecting the swashplate for the presence of the inner 
ring takes about 0.5 work-hour for an estimated cost of $43 per 
helicopter and $10,535 for the U.S. fleet.
    The actions that may be needed as a result of the inspection could 
vary significantly from helicopter to helicopter. The FAA has no data 
to determine the costs to accomplish the additional actions or the 
number of helicopters that may require those actions. Alternatively, 
replacing the swashplate takes about 120 work-hours and parts cost 
about $99,537 for an estimated cost of $109,737 per helicopter. 
Reporting information to the manufacturer takes about 1 work-hour for 
an estimated cost of $85 per helicopter.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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:

2023-03-01 Airbus Helicopters Deutschland GmbH (AHD): Amendment 39-
22326; Docket No. FAA-2023-0159; Project Identifier MCAI-2023-00046-
R.

(a) Effective Date

    This airworthiness directive (AD) is effective February 21, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (AHD) 
Model BO-105A, BO-105C, BO-105S, BO-105LS A-1, BO-105LS A-3 
(including those modified by Supplemental Type Certificate 
SR00043RD), MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 
117 B-1, MBB-BK 117 B-2, MBB-BK 117 C-1, MBB-BK 117 C-2, and MBB-BK 
117 D-2 helicopters, certificated in any category.

[[Page 7575]]

    Note 1 to paragraph (c): Helicopters with an MBB-BK117 C-2e 
designation are Model MBB-BK117 C-2 helicopters.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6230, Main Rotor 
System.

(e) Unsafe Condition

    This AD was prompted by a report of a missing main rotor 
swashplate (swashplate) inner ring (inner ring). The FAA is issuing 
this AD to detect a missing inner ring. The unsafe condition, if not 
addressed, could result in loss of main rotor control and subsequent 
loss of 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 Emergency AD 
2023-0006-E, dated January 12, 2023 (EASA AD 2023-0006-E).

(h) Exceptions to EASA AD 2023-0006-E

    (1) Where EASA AD 2023-0006-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where the service information referenced in paragraph (1) of 
EASA AD 2023-0006-E specifies that a pilot may check for 
installation of the inner ring on the swashplate, this AD requires 
that inspection to be accomplished by persons authorized under 14 
CFR 43.3.
    (3) Where the service information referenced in paragraph (1) of 
EASA AD 2023-0006-E and where paragraph (2) of EASA AD 2023-0006-E 
specify contacting AH [Airbus Helicopters] to obtain further 
instructions or approved instructions, this AD requires actions done 
in accordance with a method approved by the Manager, General 
Aviation & Rotorcraft Section, International Validation Branch, FAA; 
or EASA; or Airbus Helicopters Deutschland GmbH's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature. As an option, you may 
accomplish the actions identified in paragraphs (h)(3)(i) and (ii) 
of this AD.
    (i) Before further flight, replace the affected swashplate.
    (ii) At the applicable compliance time identified in paragraph 
(h)(3)(ii)(A) or (B) of this AD, report the inspection results and 
describe in detail any other findings, along with the helicopter 
model and serial number, swashplate part number, and the following 
text: ``EASB BO105-40A-110, BO105LS-40A-15, BO105 LS A-3-STC-0654/
3058-40A-3, MBB-BK117-40A-118, MBB-BK117-62-32-0001'' by email to 
[email protected].
    (A) If the inspection in paragraph (1) of EASA AD 2023-0006-E 
was done on or after the effective date of this AD: Submit the 
report within 10 days after completing paragraph (1) of EASA AD 
2023-0006-E.
    (B) If the inspection in paragraph (1) of EASA AD 2023-0006-E 
was done before the effective date of this AD: Submit the report 
within 10 days after the effective date of this AD.
    (4) This AD does not adopt the Remarks paragraph of EASA AD 
2023-0006-E.

(i) Special Flight Permit

    Special flight permits 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 Dan McCully, Program 
Manager, COS Program Management Section, Operational Safety Branch, 
Compliance & Airworthiness Division, FAA, 1701 Columbia Ave., Mail 
Stop: ACO, College Park, GA 30337; telephone (404) 474-5548; 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) Emergency AD 
2023-0006-E, dated January 12, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0006-E, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet easa.europa.eu. You may find the EASA 
material 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 January 31, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-02502 Filed 2-2-23; 11:15 am]
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