[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Rules and Regulations]
[Pages 59413-59416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20763]


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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; Amendment 
39-21242; AD 2020-19-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters Deutschland GmbH Model MBB-BK 117 D-2 helicopters. 
This AD was prompted by a report of an erroneous low rotor revolutions 
per minute (RPM) indication after establishing a one engine inoperative

[[Page 59414]]

(OEI) condition. This AD requires a software (SW) modification for the 
aircraft management computer (AMC). The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective October 27, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 27, 
2020.

ADDRESSES: For service information identified in this final rule, 
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. For information on the availability of this material 
at the FAA, call 817-222-5110. It is also available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0342.

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 final rule, 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.

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:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus Helicopters 
Deutschland GmbH Model MBB-BK 117 D-2 helicopters. The NPRM published 
in the Federal Register on April 28, 2020 (85 FR 23489). The NPRM was 
prompted by a report of an erroneous low rotor RPM indication after 
establishing an OEI condition. The NPRM proposed to require a SW 
modification for the AMC. 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.
    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 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. 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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA has determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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.

Differences Between This AD and the MCAI or Service Information

    The MCAI provides a 60-day compliance time for accomplishing the SW 
modification. This AD requires completion of the SW modification within 
50 hours time-in-service.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    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
----------------------------------------------------------------------------------------------------------------

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 above, I certify that this AD:

[[Page 59415]]

    (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.

Adoption of 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):

2020-19-01 Airbus Helicopters Deutschland GmbH: Amendment 39-21242; 
Docket No. FAA-2020-0342; Product Identifier 2019-SW-078-AD.

(a) Effective Date

    This AD is effective October 27, 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] TR22SE20.037

    (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.

(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, 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, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-
222-5151; 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.

[[Page 59416]]

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
European Union Aviation Safety Agency (EASA) 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.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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) Airbus Helicopters Alert Service Bulletin MBB-BK117 D-2-42A-
005, Revision 3, dated June 6, 2019.
    (ii) [Reserved]
    (3) 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.
    (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 fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-20763 Filed 9-21-20; 8:45 am]
BILLING CODE 4910-13-P


