[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Proposed Rules]
[Pages 13234-13237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04185]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0104; Project Identifier MCAI-2020-00477-R]
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 certain Airbus Helicopters Deutschland GmbH Model MBB-BK117 D-2 
helicopters. This proposed AD was prompted by reports that collective 
lever switch units having certain part numbers did not have retaining 
rings installed in the cable cut switch guard. This proposed AD would 
require inspecting certain collective lever switch units for 
discrepancies (missing retaining rings, incorrectly installed retaining 
rings, and a missing axis in the cable cut switch guard), doing all 
applicable corrective actions, and marking affected parts, 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 April 22, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#a5e4e1d6e5c0c4d6c48bc0d0d7cad5c48bc0d0"><span class="__cf_email__" data-cfemail="0243467142676371632c6777706d72632c6777">[email protected]</span></a>; 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-2021-0104.

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-
0104; 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: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, FAA, 470 L'Enfant Plaza SW, Washington, DC 
20024; telephone

[[Page 13235]]

202-267-9167; email <a href="/cdn-cgi/l/email-protection#e58d8489cb8f808b96808ba5838484cb828a93"><span class="__cf_email__" data-cfemail="5038313c7e3a353e23353e103631317e373f26">[email protected]</span></a>.

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-2021-0104; Project Identifier 
MCAI-2020-00477-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 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 Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 470 
L'Enfant Plaza SW, Washington, DC 20024; telephone 202-267-9167; email 
<a href="/cdn-cgi/l/email-protection#e58d8489cb8f808b96808ba5838484cb828a93"><span class="__cf_email__" data-cfemail="8ae2ebe6a4e0efe4f9efe4caecebeba4ede5fc">[email protected]</span></a>. 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 2020-0084, dated April 3, 2020 (EASA 
AD 2020-0084) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus Helicopters Deutschland GmbH Model MBB-BK117 D-2 
helicopters. Although EASA AD 2020-0084 applies to all Model MBB-BK117 
D-2 helicopters, this proposed AD would apply to helicopters with an 
affected part installed instead.
    This proposed AD was prompted by reports that collective lever 
switch units having certain part numbers did not have retaining rings 
installed in the cable cut switch guard. The cable cut switch guard has 
an axis that holds, and allows the guard to turn over, the cable cut 
switch. This axis is secured with two retaining rings and if both 
retaining rings are missing, the axis can move out. The FAA is 
proposing this AD to address this condition, which could cause 
inadvertent activation of the rescue hoist cable cut function, 
resulting in personal injury. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0084 describes procedures for inspecting collective 
lever switch units having certain part numbers for discrepancies, 
applicable corrective actions, and marking affected parts. 
Discrepancies include missing retaining rings, incorrectly installed 
retaining rings, and a missing axis in the cable cut switch guard. 
Corrective actions include installing missing retaining rings, 
adjusting retaining rings that are installed incorrectly, and 
installing an axis in the cable cut switch guard. EASA AD 2020-0084 
also specifies that an affected part can be installed on any 
helicopter, provided it has been marked. 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

    This product has been approved by the aviation authority of another 
country, and is 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 MCAI 
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 the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0084, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed 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 2020-0084 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0084 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 2020-0084 that is required for compliance with EASA AD 2020-
0084 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0104 after the FAA 
final rule is published.

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:

[[Page 13236]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
0.50 work-hour x $85 per hour = $42.50.......................              $0           $42.50           $1,275
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
helicopters that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170....             $56             $226
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators. The FAA does not control warranty 
coverage for affected operators. As a result, the FAA has included all 
known costs in the cost estimate.

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

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:

Airbus Helicopters Deutschland GmbH: Docket No. FAA-2021-0104; 
Project Identifier MCAI-2020-00477-R.

(a) Comments Due Date

    The FAA must receive comments by April 22, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
MBB-BK117 D-2 helicopters, certificated in any category, all serial 
numbers, having an affected part defined in European Union Aviation 
Safety Agency (EASA) AD 2020-0084, dated April 3, 2020 (EASA AD 
2020-0084).

(d) Subject

    Joint Aircraft System Component (JASC) Code 2700, Flight Control 
System.

(e) Reason

    This AD was prompted by reports that collective lever switch 
units having certain part numbers did not have retaining rings 
installed in the cable cut switch guard. The cable cut switch guard 
has an axis that holds, and allows the guard to turn over, the cable 
cut switch. This axis is secured with two retaining rings and if 
both retaining rings are missing, the axis can move out. The FAA is 
issuing this AD to address this condition, which could cause 
inadvertent activation of the rescue hoist cable cut function, 
resulting in personal injury.

(f) Compliance

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

(g) Requirements

    Comply with all required actions and compliance times specified 
in, and in accordance with, EASA AD 2020-0084.

(h) Exceptions to EASA AD 2020-0084

    (1) Where EASA AD 2020-0084 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0084 does not apply 
to this AD.

 (i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
helicopter can be modified (if the operator elects to do so), 
provided the helicopter is not used for hoist operations.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Strategic Policy Rotorcraft Section, 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 Strategic Policy

[[Page 13237]]

Rotorcraft Section, send it to: Manager, Strategic Policy Rotorcraft 
Section, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
817-222-5110. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#dae3f79b898df79c8e8df79b979599f788bfabafbfa9aea99abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="98a1b5d9cbcfb5decccfb5d9d5d7dbb5cafde9edfdebecebd8fef9f9b6fff7ee">[email protected]</span></a>.
    (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

    (1) For EASA AD 2020-0084, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#93d2d7e0d3f6f2e0f2bdf6e6e1fce3f2bdf6e6"><span class="__cf_email__" data-cfemail="5213162112373321337c3727203d22337c3727">[email protected]</span></a>; 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-2021-0104.
    (2) For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, FAA, 470 L'Enfant 
Plaza SW, Washington, DC 20024; telephone 202-267-9167; email 
<a href="/cdn-cgi/l/email-protection#cea6afa2e0a4aba0bdaba08ea8afafe0a9a1b8"><span class="__cf_email__" data-cfemail="721a131e5c18171c01171c321413135c151d04">[email protected]</span></a>.

    Issued on February 19, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-04185 Filed 3-5-21; 8:45 am]
BILLING CODE 4910-13-P


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