[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Proposed Rules]
[Pages 43559-43560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18346]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / 
Proposed Rules

[[Page 43559]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0696; Product Identifier 2017-SW-101-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK 
117 D-2 helicopters. This proposed AD would require replacing the 
rescue hoist cable cut pushbutton flip guard (flip guard). This 
proposed AD is prompted by reports of unintended lifting of several 
flip guards. The actions of this proposed AD are intended to correct an 
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 26, 
2018.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
    <bullet> Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0696; 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 proposed AD, the European Aviation Safety Agency (EASA) AD, the 
economic evaluation, any comments received, and other information. The 
street address for Docket Operations (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.
    For service information identified in this proposed 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 
http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. You may review the referenced service information at 
the FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Clark Davenport, Flight Test Engineer, 
Flight Test Branch, Compliance and Airworthiness Division, FAA, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone 817 222 5151; email 
<a href="/cdn-cgi/l/email-protection#3f5c535e4d54115b5e495a514f504d4b7f595e5e11585049"><span class="__cf_email__" data-cfemail="17747b76657c397376617279677865635771767639707861">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2017-0038, dated February 22, 
2017 (AD No. 2017-0038), to correct an unsafe condition for Airbus 
Helicopters Models MBB-BK 117 D-2 and MBB-BK 117 D-2m helicopters. The 
EASA AD advises that multiple events were reported of unintended 
lifting of the flip guard and that the flip guard has two stable 
positions, open and closed. AD No. 2017-0038 states that if the 
unintended lifting is not detected, the requirement for dual action 
when activating the rescue hoist cable cut is not guaranteed. According 
to EASA, this condition, if not corrected, could result in inadvertent 
cutting of the rescue hoist cable and subsequent personal injury.
    EASA further advises that Airbus Helicopters has developed an 
improved mono-stable (closed) flip guard, and AD No. 2017-0038 requires 
installing the new flip guard and re-identifying the collective lever 
switch unit.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Germany and are approved for operation in the United States. Pursuant 
to our bilateral agreement with Germany, EASA, its technical 
representative, has notified us of the unsafe condition described in 
its AD. We are proposing this AD because we evaluated all known 
relevant information and determined that an unsafe condition is likely 
to exist or develop on other products of the same type design.

Related Service Information

    Airbus Helicopters has issued Alert Service Bulletin No. MBB-BK117 
D-2-67A-002, Revision 0, dated January 23, 2017, which contains 
procedures for replacing flip guard part number (P/N) 79552176 with 
improved flip guard P/N 79553511 and for identifying the collective 
lever switch unit with the Alert Service Bulletin number.

Proposed AD Requirements

    This proposed AD would require before the next hoist operation or 
within

[[Page 43560]]

440 hours time in service (TIS), whichever occurs first, replacing the 
flip guard with flip guard P/N 79553511 on the collective lever switch 
unit.

Differences Between This Proposed AD and the EASA AD

    The EASA AD applies to Model MBB-BK 117 D-2m helicopters; this 
proposed AD would not as these models are not type certificated in the 
U.S. Also, the EASA AD requires compliance within 440 hours TIS, this 
proposed AD would require compliance before the next hoist operation or 
within 440 hours TIS, whichever occurs first. Finally, the EASA AD 
requires identifying the collective lever switch unit with the service 
information number; this proposed AD would not.

Costs of Compliance

    We estimate that this proposed AD would affect 21 helicopters of 
U.S. Registry.
    At an average labor rate of $85 per hour, we estimate that 
operators would incur the following costs in order to comply with this 
proposed AD. Replacing the flip guard would require about 14 hours, and 
required parts would cost $735, for a cost per helicopter of $1,925 and 
a cost of $40,148 to the U.S. fleet.
    According to Airbus Helicopter's service information, some of the 
costs of this proposed AD may be covered under warranty, thereby 
reducing the cost impact on affected individuals. We do not control 
warranty coverage by Airbus Helicopters. Accordingly, we have included 
all costs in our 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.
    We are 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

    We 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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. 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.
    We prepared an economic evaluation of the estimated costs to comply 
with this proposed AD and placed it in the AD docket.

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-2018-0696; 
Product Identifier 2017-SW-101-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
MBB-BK 117 D-2 helicopters, certificated in any category, with a 
cable cut flip guard (flip guard) part number (P/N) 79552176 
installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as unintended lifting of a 
flip guard. This condition could result in inadvertent cutting of 
the rescue hoist cable and subsequent personal injury.

(c) Comments Due Date

    We must receive comments by October 26, 2018.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    Before the next hoist operation or within 440 hours time in 
service (TIS), whichever occurs first, remove flip guard P/N 
79552176 from service and install flip guard P/N 79553511 on the 
collective lever switch unit.

(f) 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: 
Clark Davenport, Flight Test Engineer, Flight Test Branch, 
Compliance and Airworthiness Division, FAA, 10101 Hillwood Parkway, 
Fort Worth, TX 76177; telephone 817 222 5151; email <a href="/cdn-cgi/l/email-protection#85bca8c4d6d2a8c3d1d2a8c4c8cac6a8d7e0f4f0e0f6f1f6c5e3e4e4abe2eaf3"><span class="__cf_email__" data-cfemail="546d79150703791200037915191b17790631252131272027143235357a333b22">[email protected]</span></a>.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
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.

(g) Additional Information

    (1) Airbus Helicopters Alert Service Bulletin No. MBB-BK117 D-2-
67A-002, Revision 0, dated January 23, 2017, which is not 
incorporated by reference, contains additional information about the 
subject of this AD. 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 http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. You may review the referenced service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2017-0038, dated February 22, 2017. You 
may view the EASA AD on the internet at http://www.regulations.gov 
in the AD Docket.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6700 Rotorcraft 
Flight Control.

    Issued in Fort Worth, Texas, on August 13, 2018.
Mitchell Soth,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2018-18346 Filed 8-24-18; 8:45 am]
 BILLING CODE 4910-13-P


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