[Federal Register Volume 86, Number 66 (Thursday, April 8, 2021)]
[Proposed Rules]
[Pages 18221-18223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07127]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0265; Project Identifier MCAI-2020-01541-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) 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 Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK117 C-2 and 
MBB-BK117 D-2 helicopters. This proposed AD was prompted by a report of 
increased control force in the collective axis. This proposed AD would 
require repetitive visual inspections of the main rotor actuator (MRA), 
as specified in a European Union Aviation Safety Agency (EASA) AD, 
which is proposed for incorporation by reference (IBR). 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 May 24, 
2021.

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 material that is proposed for IBR in this AD, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 
000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may 
find this material on the EASA website at https://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 in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0265.

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-2021-
0265; 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 NPRM, 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: Katherine Venegas, Aviation Safety 
Engineer, Los Angeles ACO Branch, FAA, 3960 Paramount Blvd., Lakewood, 
California 90712; telephone (562) 627-5353; email 
katherine.venegas@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 ADDRESSES. Include ``Docket No. FAA-2021-0265; Project Identifier 
MCAI-2020-01541-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 proposal.

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 NPRM 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 NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each

[[Page 18222]]

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 NPRM. Submissions 
containing CBI should be sent to Katherine Venegas, Aviation Safety 
Engineer, Los Angeles ACO Branch, FAA, 3960 Paramount Blvd., Lakewood, 
California 90712; telephone (562) 627-5353; email 
katherine.venegas@faa.gov. Any commentary that the FAA receives that is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0283, dated December 20, 2018 
(EASA AD 2018-0283), to correct an unsafe condition for AHD Model MBB-
BK117 C-2 and MBB-BK117 D-2 helicopters. EASA later issued EASA AD 
2020-0257, dated November 17, 2020 (EASA AD 2020-0257), to supersede 
EASA AD 2018-0283.
    This proposed AD was prompted by a report of increased control 
force in the collective axis on an AHD Model EC135 helicopter. 
Subsequent inspections determined that a nut on a piston of the MRA had 
cracked and separated from the piston rod. Due to design similarity, 
Model MBB-BK117 C-2 and MBB-BK117 D-2 helicopters are also affected by 
this unsafe condition. The FAA is proposing this AD to prevent failure 
of the MRA and subsequent loss of control of the helicopter. See the 
EASA AD for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0257 describes procedures for a repetitive visual 
inspection of the MRA and depending on the results, replacing the 
affected parts.
    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.

FAA's Determination and Requirements of This Proposed AD

    These products have been approved by the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to the bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the EASA 
AD 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 in other products of these 
same type designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0257 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed 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 initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2020-0257 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0257 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD 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 the EASA AD. Service information specified 
in EASA AD 2020-0257 that is required for compliance with EASA AD 2020-
0257 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0265 after the FAA 
final rule is published.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires contacting Airbus Helicopters or replacing an 
affected part, whereas this proposed AD would require performing the 
corrective action in accordance with FAA-approved procedures or 
removing the affected parts from service instead. The service 
information referenced in the EASA AD refers to calendar time when 
specifying the compliance time for the inspections, whereas this 
proposed AD uses hours time-in-service. The EASA AD allows a tolerance 
to the compliance times, whereas this proposed AD would not. The EASA 
AD does not specify a compliance time for the reporting requirements; 
this proposed AD would require performing the reporting action within 
30 days after the effective date of this AD.

Interim Action

    The FAA considers this proposed AD interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this AD affects 216 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this proposed AD.
    Inspecting the nuts on the MRA pistons would take about 1 work-hour 
for an estimated cost of $85 per helicopter and $18,360 for the U.S. 
fleet, per inspection cycle.
    Replacing the MRA would take about 7 work-hours and parts would 
cost $286,554 for an estimated cost of $287,149 per helicopter.
    Repairing the MRA would take up to about 8 work hours and parts 
would cost about $110 for an estimated cost of up to $790 per MRA.
    If required, reporting information would take about 1 work-hour for 
an estimated cost of $85 per instance.

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 current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to Information Collection Clearance Officer, Federal 
Aviation Administration, 10101

[[Page 18223]]

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

    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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive:

Airbus Helicopters Deutschland GmbH (AHD): Docket No. FAA-2021-0265; 
Project Identifier MCAI-2020-01541-R.

(a) Comments Due Date

    The FAA must receive comments by May 24, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Deutschland GmbH (AHD) 
Model MBB-BK117 C-2 and MBB-BK117 D-2 helicopters, certificated in 
any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6710, Main Rotor 
Control.

(e) Reason

    This AD was prompted by a report of increased control force in 
the collective axis. The FAA is issuing this AD to prevent failure 
of the main rotor actuator 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 (EASA) AD 
2020-0257, dated November 17, 2020 (EASA AD 2020-0257).

(h) Exceptions to EASA AD 2020-0257

    (1) Where EASA AD 2020-0257 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where Note 1 of EASA AD 2020-0257 specifies a tolerance of 3 
months may be applied to the initial threshold and to the repetitive 
inspection interval, this AD does not allow this tolerance.
    (3) Where paragraph (2) of EASA AD 2020-0257 specifies 
contacting Airbus Helicopters, this AD requires performing the 
corrective action in accordance with FAA-approved procedures.
    (4) Where paragraph (3) of EASA AD 2020-0257 specifies an 
alternative method to comply with the requirements of paragraph (2) 
of EASA AD 2020-0257 by replacing an affected part, this AD requires 
removing an affected part from service as an alternative method.
    (5) Where paragraph (1) of EASA AD 2020-0257 specifies a 
compliance time for the initial inspection of ``before an affected 
part exceeds 12 months since new, or since last overhaul, or within 
3 months after the effective date of this AD, whichever occurs 
later'' and repetitive inspections at intervals not to exceed 12 
months, this AD requires a compliance time for the initial 
inspection of before an affected part exceeds 319 total hours time-
in-service (TIS), or within 319 hours TIS after the date of the last 
overhaul, or within 80 hours TIS after the effective date of this 
AD, whichever occurs later, and repetitive inspections at intervals 
not to exceed 319 hours TIS.
    (6) Although the service information referenced in EASA AD 2020-
0257 does not specify a compliance time for the reporting 
requirement, this AD requires the reporting action to be performed 
within 30 days after the effective date of this AD.
    (7) The ``Remarks'' section of EASA AD 2020-0257 does not apply 
to this AD.

(i) 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 (j)(2) of 
this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
    (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.

(j) Related Information

    (1) For EASA AD 2020-0257, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://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. This material may be found in the AD docket 
on the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0265.
    (2) For more information about this AD, contact Katherine 
Venegas, Aviation Safety Engineer, Los Angeles ACO Branch, FAA, 3960 
Paramount Blvd., Lakewood, California 90712; telephone (562) 627-
5353; email katherine.venegas@faa.gov.

    Issued on April 1, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-07127 Filed 4-7-21; 8:45 am]
BILLING CODE 4910-13-P


