[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Proposed Rules]
[Pages 61485-61488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19080]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1816; Project Identifier MCAI-2021-01460-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 all Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 D-3 
helicopters. This proposed AD was prompted by recalculations of the 
inspection intervals for certain parts. This proposed AD would require 
revising the airworthiness limitations section (ALS) of the existing 
helicopter maintenance manual or instructions for continued 
airworthiness for your helicopter and the existing approved maintenance 
or inspection program for your helicopter, as applicable, to reduce the 
inspection interval of certain 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.

[[Page 61486]]


DATES: The FAA must receive comments on this proposed AD by October 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:
    <bullet> Federal eRulemaking Portal: Go to 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1816; 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.
    Material Incorporated by Reference:
    <bullet> For EASA material that is proposed for IBR in this NPRM, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#4f0e0b3c0f2a2e3c2e612a3a3d203f2e612a3a"><span class="__cf_email__" data-cfemail="8ccdc8ffcce9edffeda2e9f9fee3fceda2e9f9">[email protected]</span></a>; internet easa.europa.eu. 
You may find the EASA material on the EASA website at 
ad.easa.europa.eu.
    <bullet> 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. The EASA material is also 
available at regulations.gov under Docket No. FAA-2023-1816.
    Other Related Service Information: For Airbus Helicopters service 
information identified in this NPRM, 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 airbus.com/en/products-services/helicopters/hcare-services/airbusworld. You may also view this 
service information at the FAA contact information under Material 
Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
(303) 342-1080; email <a href="/cdn-cgi/l/email-protection#05726c69696c64682b6866667069697c456364642b626a73"><span class="__cf_email__" data-cfemail="86f1efeaeaefe7eba8ebe5e5f3eaeaffc6e0e7e7a8e1e9f0">[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-2023-1816; Project Identifier 
MCAI-2021-01460-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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

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 Dan 
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone (303) 342-1080; email 
<a href="/cdn-cgi/l/email-protection#f6819f9a9a9f979bd89b9595839a9a8fb6909797d8919980"><span class="__cf_email__" data-cfemail="bbccd2d7d7d2dad695d6d8d8ced7d7c2fbdddada95dcd4cd">[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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0290, dated and corrected 
December 23, 2021 (EASA AD 2021-0290), to correct an unsafe condition 
for all serial-numbered Airbus Helicopters Deutschland GmbH Model MBB-
BK117 D-3 and D-3m helicopters.
    This proposed AD was prompted by recalculations of the inspection 
intervals for certain parts. The FAA is proposing this AD to reduce the 
inspection intervals for certain parts. See EASA AD 2021-0290 for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0290 requires replacing components before exceeding 
their life limits and accomplishing maintenance tasks within thresholds 
and intervals specified in the applicable ALS. Depending on the results 
of the maintenance tasks, EASA AD 2021-0290 requires accomplishing 
corrective action(s) or contacting AHD [Airbus Helicopters Deutschland 
GmbH] for approved instructions and accomplishing those instructions. 
EASA AD 2021-0290 also requires revising the Aircraft Maintenance 
Programme (AMP) by incorporating the limitations, tasks, and associated 
thresholds and intervals described in the specified ALS as applicable 
to helicopter model and configuration. Revising the AMP constitutes 
terminating action for the requirements to replace components before 
exceeding their life limits and accomplish maintenance tasks within 
thresholds and intervals specified in the applicable ALS as required by 
EASA AD 2021-0290.
    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 Alert Service Bulletin ASB MBB-
BK117 D-3-04A-001, Revision 0, dated December 22, 2021. This service 
information specifies checking the total accumulated flight hours since 
new for bolt part number (P/N) D671M7501201, bolt P/N D671M7501211, and 
mast bolt P/N D620M0501203, and accomplishing the airworthiness 
inspection within the reduced airworthiness inspection interval of 400 
flight hours.
    The FAA also reviewed Airbus MBB-BK117 D-3 Chapter 04, ALS, 
Revision 1, dated December 14, 2021. This service information specifies 
airworthiness limitations, tasks, and associated thresholds and 
intervals for various parts. Revision 1 of this service information 
specifies various updates for certain components.

[[Page 61487]]

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 has notified the FAA about the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other helicopters of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0290, 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 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, the 
FAA proposes to incorporate EASA AD 2021-0290 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0290 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 EASA AD 2021-0290 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 2021-
0290. Service information referenced in EASA AD 2021-0290 for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-1816 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2021-0290 applies to Model MBB-BK117 D-3m helicopters, 
whereas this proposed AD would not because that model is not FAA type-
certificated.
    EASA AD 2021-0290 requires replacing certain components before 
exceeding applicable life limits, accomplishing certain maintenance 
tasks within thresholds and intervals as specified in the ALS, as 
defined within, and depending on the results, accomplishing corrective 
action within the compliance time specified in that ALS. EASA AD 2021-
0290 also requires revising the approved AMP to incorporate the 
limitations, tasks, and associated thresholds and intervals described 
in that ALS within 12 months after its effective date. Whereas, this 
proposed AD would require revising existing documents and programs 
within 30 days to incorporate the limitations, tasks, and associated 
thresholds and intervals described in that ALS, and clarifies that if 
an incorporated limitation or threshold therein is reached before 30 
days after the effective date of the final rule of this proposed AD, 
you still have up to 30 days after the effective date of the final rule 
of this proposed AD to accomplish the corresponding task.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 29 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 proposed AD.
    Revising the ALS of the existing helicopter maintenance manual or 
instructions for continued airworthiness for your helicopter and the 
existing approved maintenance or inspection program for your 
helicopter, as applicable, would take about 2 work-hours for an 
estimated cost of $170 per helicopter and $4,930 for the U.S. fleet.

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 (AHD): Docket No. FAA-2023-1816; 
Project Identifier MCAI-2021-01460-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 23, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (AHD) 
Model MBB-BK 117 D-3 helicopters, certificated in any category.

(d) Subject

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

[[Page 61488]]

(e) Unsafe Condition

    This AD was prompted by recalculations of the inspection 
intervals for certain parts. The FAA is issuing this AD to reduce 
the inspection intervals for certain parts. The unsafe condition, if 
not addressed, could result in failure of a part and loss of control 
of the helicopter.

(f) Compliance

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

(g) Required Actions

    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 
2021-0290, dated and corrected December 23, 2021 (EASA AD 2021-
0290).

(h) Exceptions to EASA AD 2021-0290

    (1) Where EASA AD 2021-0290 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the requirements specified in 
paragraphs (1), (2), (4), and (5) of EASA AD 2021-0290.
    (3) Where paragraph (3) of EASA AD 2021-0290 specifies revising 
``the approved AMP'' within 12 months after its effective date, this 
AD requires revising the airworthiness limitations section of your 
existing helicopter maintenance manual or instructions for continued 
airworthiness and your existing approved maintenance or inspection 
program, as applicable, within 30 days after the effective date of 
this AD.
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2021-0290 is on or before the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2021-0290, or within 30 
days after the effective date of this AD, whichever occurs later.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2021-0290.

(i) Provisions for Alternative Actions and Intervals

    After the airworthiness limitations section of the existing 
helicopter maintenance manual or instructions for continued 
airworthiness; and the existing approved maintenance or inspection 
program, as applicable, has been revised as required by paragraph 
(g) of this AD, no alternative actions (e.g., inspections) and 
associated thresholds and intervals, including life limits, are 
allowed unless they are approved as specified in the provisions of 
the ``Ref. Publications'' section of EASA AD 2021-0290.

(j) Special Flight Permit

    Special flight permits are prohibited.

(k) 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 (l) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#427b6f0314116f030b106f7571726f030f0d01022423236c252d34"><span class="__cf_email__" data-cfemail="023b2f4354512f434b502f3531322f434f4d41426463632c656d74">[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.

(l) Related Information

    For more information about this AD, contact Dan McCully, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone (303) 342-1080; email 
<a href="/cdn-cgi/l/email-protection#f7809e9b9b9e969ad99a9494829b9b8eb7919696d9909881"><span class="__cf_email__" data-cfemail="a7d0cecbcbcec6ca89cac4c4d2cbcbdee7c1c6c689c0c8d1">[email protected]</span></a>.

(m) 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) AD 2021-0290, 
dated and corrected December 23, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0290, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#6425201724010517054a0111160b14054a0111"><span class="__cf_email__" data-cfemail="79383d0a391c180a18571c0c0b160918571c0c">[email protected]</span></a>; 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 
<a href="/cdn-cgi/l/email-protection#d0b6a2feb9bea3a0b5b3a4b9bfbe90beb1a2b1feb7bfa6"><span class="__cf_email__" data-cfemail="4f293d6126213c3f2a2c3b2620210f212e3d2e61282039">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-19080 Filed 9-6-23; 8:45 am]
BILLING CODE 4910-13-P


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