[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Proposed Rules]
[Pages 23489-23492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08976]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0342; Product Identifier 2019-SW-078-AD]
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 D-2 
helicopters. This proposed AD was prompted by a report of an erroneous 
low rotor revolutions per minute (RPM) indication after establishing a 
one engine inoperative (OEI) condition. This proposed AD would require 
a software (SW) modification for the aircraft management computer 
(AMC). 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 June 12, 
2020.

[[Page 23490]]


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 service information identified in this NPRM, contact Airbus 
Helicopters, 2701 N. 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 
view this service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort 
Worth, TX 76177.

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-
0342; 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 AD, the European Union Aviation Safety Agency (EASA) AD, 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: George Schwab, Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; 
email george.schwab@faa.gov.

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 the ADDRESSES section. Include ``Docket No. FAA-2020-0342; 
Product Identifier 2019-SW-078-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2019-0208, dated August 22, 2019 
(referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for all 
Airbus Helicopters Deutschland GmbH Model MBB-BK 117 D-2 helicopters. 
EASA advises that an occurrence was reported of erroneous low RPM 
indication after establishing an OEI condition. To address this unsafe 
condition, Airbus Helicopters developed upgraded AMC SW, which prevents 
further occurrences, and issued service information providing 
instructions to update the SW of affected parts.
    The FAA is issuing this AD to address erroneous low RPM 
indications, which could cause the pilot to make inappropriate control 
inputs, resulting in damage to the helicopter or injury to occupants.
    You may examine the MCAI in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0342.

Related Service Information Under 1 CFR Part 51

    Airbus Helicopters has issued Alert Service Bulletin MBB-BK117 D-2-
42A-005, Revision 3, dated June 6, 2019. This service information 
describes procedures for a SW modification for the AMC.
    This service information 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

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
after evaluating all the relevant information and determining the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between this Proposed AD and the MCAI or Service 
Information.''

Differences Between This Proposed AD and the MCAI or Service 
Information

    EASA AD 2019-0208 provides a 60-day compliance time for 
accomplishing the SW modification. This proposed AD would require 
completion of the SW modification within 50 hours time-in-service.

Costs of Compliance

    The FAA estimates that this proposed AD affects 30 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................          $3,000           $3,085          $92,550
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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

[[Page 23491]]

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) 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 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 (AD):

Airbus Helicopters Deutschland GmbH: Docket No. FAA-2020-0342; 
Product Identifier 2019-SW-078-AD.

(a) Comments Due Date

    The FAA must receive comments by June 12, 2020.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 42, Integrated 
Modular Avionics.

(e) Reason

    This AD was prompted by a report of an erroneous low rotor 
revolutions per minute (RPM) indication after establishing a one 
engine inoperative condition. The FAA is issuing this AD to address 
erroneous low RPM indications, which could cause the pilot to make 
inappropriate control inputs, resulting in damage to the helicopter 
or injury to occupants.

(f) Compliance

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

(g) Definitions

    (1) Affected part: An aircraft management computer (AMC) having 
a software (SW) version installed that is identified as ``pre-
modification SW'' in Figure 1 to paragraphs (g)(1), (h), and (i) of 
this AD, or earlier SW version.
[GRAPHIC] [TIFF OMITTED] TP28AP20.020

    (2) Group 1: Helicopters that have an affected part installed.
    (3) Group 2: Helicopters that do not have an affected part 
installed.

(h) Software Modification

    (1) For Group 1: Within 50 hours time-in-service after the 
effective date of this AD, update the SW of each affected part to 
the corresponding upgraded SW, as listed in Figure 1 to paragraphs 
(g)(1), (h), and (i) of this AD, in accordance with the 
Accomplishment Instructions, Section 3.B.2, of Airbus Helicopters 
Alert Service Bulletin MBB-BK117 D-2-42A-005, Revision 3, dated June 
6, 2019.
    (2) Replacement on a helicopter of an affected part with an AMC 
having the corresponding upgraded SW installed, as listed in Figure 
1 to paragraphs (g)(1), (h), and (i) of this AD, or later SW upgrade 
is an acceptable alternative method of compliance for the 
requirements of paragraph (h)(1) of this AD for that helicopter.

[[Page 23492]]

(i) Parts Installation Prohibition

    Do not install on any helicopter an affected part, and do not 
upload any SW identified as ``pre-modification SW'' in Figure 1 to 
paragraphs (g)(1), (h), and (i) of this AD, or earlier SW version, 
on any AMC, as required by paragraph (i)(1) or (2) of this AD, as 
applicable.
    (1) For Group 1: After modification of that helicopter as 
specified in paragraph (h) of this AD.
    (2) For Group 2: As of the effective date of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to: 
George Schwab, Aviation Safety Engineer, Safety Management Section, 
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone 817-222-5110; email 9-ASW-FTW-AMOC-Requests@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, notify your 
principal inspector or lacking a principal inspector, the manager of 
the local flight standards district office or certificate holding 
district office, before operating any aircraft complying with this 
AD through an AMOC.

(k) Related Information

    (1) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD No. 2019-0208, dated August 22, 
2019. This EASA AD may be found in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0342.
    (2) For service information identified in this AD, contact 
Airbus Helicopters, 2701 N. 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 view this service information at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177.

    Issued on April 23, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-08976 Filed 4-27-20; 8:45 am]
 BILLING CODE 4910-13-P


