[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Rules and Regulations]
[Pages 85833-85836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27111]


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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; 
Amendment 39-22599; AD 2023-22-15]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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[[Page 85834]]

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 D-3 
helicopters. This AD was prompted by recalculations of the inspection 
intervals for certain parts. This AD requires 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 incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 16, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 16, 
2024.

ADDRESSES: 
    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 final rule, the EASA AD, 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.
    Material Incorporated by Reference:
    <bullet> For EASA material that is incorporated by reference in 
this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#b0f1f4c3f0d5d1c3d19ed5c5c2dfc0d19ed5c5"><span class="__cf_email__" data-cfemail="0140457241646072602f6474736e71602f6474">[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. It is also available at 
regulations.gov under Docket No. FAA-2023-1816.
    Other Related Service Information: For Airbus Helicopters service 
information identified in this final rule, 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; phone (303) 
342-1080; email <a href="/cdn-cgi/l/email-protection#42352b2e2e2b232f6c2f2121372e2e3b022423236c252d34"><span class="__cf_email__" data-cfemail="93e4fafffffaf2febdfef0f0e6ffffead3f5f2f2bdf4fce5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0290, dated December 23, 2021; 
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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Airbus Helicopters 
Deutschland GmbH (AHD) Model MBB-BK 117 D-3 helicopters. The NPRM 
published in the Federal Register on September 7, 2023 (88 FR 61485). 
The NPRM was prompted by recalculations of the inspection intervals for 
certain parts. The NPRM proposed to require accomplishing the actions 
specified in EASA AD 2021-0290, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and except as discussed under ``Differences Between this AD and 
the EASA AD. The FAA is issuing this AD to address the unsafe condition 
on these products.
    You may examine the EASA AD in the AD docket at regulations.gov 
under Docket No. FAA-2023-1816.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters.

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.

Differences Between This AD and the EASA AD

    EASA AD 2021-0290 applies to Model MBB-BK117 D-3m helicopters, 
whereas this AD does 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

[[Page 85835]]

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 AD requires 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 this final rule, you 
still have up to 30 days after the effective date of this final rule to 
accomplish the corresponding task.

Costs of Compliance

    The FAA estimates that this AD affects 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 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, will 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

    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:
    (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 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:

2023-22-15: Airbus Helicopters Deutschland GmbH (AHD): Amendment 39-
22599; Docket No. FAA-2023-1816; Project Identifier MCAI-2021-01460-
R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 16, 2024.

(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.

(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 December 23, 2021; 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#8ab3a7cbdcd9a7cbc3d8a7bdb9baa7cbc7c5c9caecebeba4ede5fc"><span class="__cf_email__" data-cfemail="665f4b2730354b272f344b5155564b272b29252600070748010910">[email protected]</span></a>.

[[Page 85836]]

    (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; phone (303) 342-1080; email 
<a href="/cdn-cgi/l/email-protection#ef98868383868e82c1828c8c9a838396af898e8ec1888099"><span class="__cf_email__" data-cfemail="63140a0f0f0a020e4d0e0000160f0f1a230502024d040c15">[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 December 23, 2021; corrected December 23, 2021 (EASA AD 2021-
0290).
    (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#6a2b2e192a0f0b190b440f1f18051a0b440f1f"><span class="__cf_email__" data-cfemail="5e1f1a2d1e3b3f2d3f703b2b2c312e3f703b2b">[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 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#aaccd884c3c4d9dacfc9dec3c5c4eac4cbd8cb84cdc5dc"><span class="__cf_email__" data-cfemail="f79185d99e9984879294839e9899b799968596d9909881">[email protected]</span></a>, or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-27111 Filed 12-8-23; 8:45 am]
BILLING CODE 4910-13-P


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