2368 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–1180; Project 

Identifier MCAI–2021–00794–R] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters Deutschland GmbH 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Airbus Helicopters Deutschland GmbH 

Model MBB–BK 117 D–3 helicopters. 

This proposed AD was prompted by 

reports of a main rotor (M/R) blade leadlag damper in a tilted position. This 

proposed AD would require inspecting 

the Flex Control Unit (FCU), and 

corrective actions if necessary, as well 

as rework and re-identification of the 

bearing pin, 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 February 28, 

2022. 

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 EASA material that is proposed 

for IBR in this AD, contact the EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; phone: +49 221 8999 

000; email: ADs@easa.europa.eu; 

internet: www.easa.europa.eu. You may 

find the EASA 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. This material is 

also available at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

1180. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–1180; 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, the EASA AD, any comments 

received, and other information. The 

street address for Docket Operations is 

listed above. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Jimenez, Aerospace Engineer, 

COS Program Management Section, 

Operational Safety Branch, Compliance 

& Airworthiness Division, FAA, 1600 

Stewart Ave., Suite 410, Westbury, NY 

11590; telephone (516) 228–7330; email 

andrea.jimenez@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–2021–1180; Project Identifier 

MCAI–2021–00794–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 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 Andrea Jimenez, 

Aerospace Engineer, COS Program 

Management Section, Operational 

Safety Branch, Compliance & 

Airworthiness Division, FAA, 1600 

Stewart Ave., Suite 410, Westbury, NY 

11590; telephone (516) 228–7330; email 

andrea.jimenez@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. 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0160, 

dated July 5, 2021 (EASA AD 2021– 

0160), to correct an unsafe condition for 

Airbus Helicopters Deutschland GmbH 

(AHD), formerly Eurocopter 

Deutschland GmbH, Model MBB–BK117 

D–3 helicopters, all serial numbers, 

including Model MBB–BK117 D–2 

helicopters that have been converted 

into Model MBB–BK117 D–3 

helicopters through Airbus Helicopters 

Service Bulletin MBB–BK117 D–2–00– 

003. 

This proposed AD was prompted by 

reports of an M/R blade lead-lag damper 

in a tilted position. EASA advises that 

subsequent investigation results 

determined that the tolerances stack-up 

may lead to an insufficient clamping on 

the bearing pin. The FAA is proposing 

this AD to address this unsafe 

condition, which if not detected and 

corrected, could result in an unbalance 

of the M/R system, excessive vibration, 

and reduced control of the helicopter. 

See EASA AD 2021–0160 for additional 

background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2021–0160 requires a onetime inspection of the affected FCU and 

depending on findings, accomplishment 

of applicable corrective actions. EASA 

AD 2021–0160 also requires after the 

initial FCU inspection, re-working and 

re-identifying each affected part by 

marking the part with a letter ‘‘M.’’ 

EASA AD 2021–0160 prohibits 

installing an affected FCU or affected 

part on any helicopter. 

This material is reasonably available 

because the interested parties have 

access to it through their normal course 


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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Proposed Rules 2369 

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–3–62A–002, dated June 29, 2021, 

which specifies procedures for a onetime inspection of the FCU and re-work 

of the bearing pin installed on the 

support assembly. 

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 2021–0160, 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 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 2021–0160 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2021–0160 

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 

EASA AD 2021–0160 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 2021–0160. 

Service information referenced in EASA 

AD 2021–0160 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–1180 after the FAA final 

rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 41 

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. 

Inspecting each FCU, including 

inspecting each rotor hub-shaft, 

hexagonal screw, nut, damper assembly, 

bearing pin, support assembly, spherical 

bearing, and integrated bearing sleeve, 

would take about 3 work-hours for an 

estimated cost of $255 per FCU 

inspection and $10,455 for the U.S. fleet 

per FCU inspection. 

Reworking and re-identifying the 

bearing pin would take about 0.5 workhour for an estimated cost of $43 per 

helicopter and $1,763 for the U.S. fleet 

per bearing pin. 

The FAA has received no definitive 

data on which to base the cost estimates 

for the on-condition repairs specified in 

this proposed AD. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Airbus Helicopters Deutschland GmbH: 

Docket No. FAA–2021–1180; Project 

Identifier MCAI–2021–00794–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by February 28, 

2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Helicopters 

Deutschland GmbH Model MBB–BK 117 D– 

3 helicopters, certificated in any category. 

Note 1 to paragraph (c) of this AD: Model 

MBB–BK117 D–2 helicopters that have been 

converted into Model MBB–BK117 D–3 

helicopters are Model MBB–BK 117 D–3 

helicopters and this AD is also applicable to 

those helicopters. 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6200, Main Rotor System. 

(e) Unsafe Condition 

This AD was prompted by reports of a 

main rotor (M/R) blade lead-lag damper in a 

tilted position. The FAA is issuing this AD 

to prevent an unbalance of the M/R system. 

The unsafe condition, if not addressed, could 

result in excessive vibration and reduced 

control of the helicopter. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 


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2370 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Proposed Rules 

(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 2021–0160, dated 

July 5, 2021 (EASA AD 2021–0160). 

(h) Exceptions to EASA AD 2021–0160 

(1) Where EASA AD 2021–0160 requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service. 

(2) Where EASA AD 2021–0160 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(3) Where the service information 

referenced in EASA AD 2021–0160 specifies 

to contact Airbus Helicopters or replace the 

Flex Control Unit (FCU) if you find cracks or 

damage at the protruding conical end of the 

integrated bearing sleeve, this AD requires 

removing the FCU from service and replacing 

with an airworthy part, or repairing the FCU 

in accordance with a method approved by 

the Manager, General Aviation & Rotorcraft 

Section, International Validation Branch, 

FAA; or EASA; or Airbus Helicopters’ EASA 

Design Organization Approval (DOA). If 

approved by the DOA, the approval must 

include the DOA-authorized signature. 

(4) Where a work card in the service 

information referenced in EASA AD 2021– 

0160 specifies performing the corrective 

action and contacting Airbus Helicopters 

when discrepancies are found, this AD 

requires performing the corrective actions as 

specified in the work card but does not 

require contacting Airbus Helicopters. 

(5) Where a work card in the service 

information referenced in EASA AD 2021– 

0160 specifies to do a dye penetrant 

inspection for the inspection of Zone B of the 

rotor hub-shaft ‘‘if you are not sure there are 

cracks,’’ this AD requires performing a dye 

penetrant inspection. 

(6) Where paragraph (5) of EASA AD 2021– 

0160 specifies ‘‘it is allowed to install a 

hexagonal screw P/N D622M0500207 on any 

helicopter, provided that installation is 

accomplished in accordance with the 

instructions of section 3.D of the ASB, or in 

accordance with the instructions of an AMM 

revision which includes the technical 

content of section 3.D of the ASB,’’ for this 

AD replace the text ‘‘in accordance with the 

instructions of section 3.D of the ASB, or in 

accordance with the instructions of an AMM 

revision which includes the technical 

content of section 3.D of the ASB’’ with ‘‘in 

accordance with the instructions of section 

3.D of the ASB, or in accordance with the 

instructions of an AMM revision which 

includes the identical content of section 3.D 

of the ASB. 

(7) This AD does not mandate compliance 

with the ‘‘Remarks’’ section of EASA AD 

2021–0160. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2021–0160 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) 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, provided no 

passengers are onboard. 

(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)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-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. 

(l) Related Information 

(1) For EASA AD 2021–0160, 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 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 

at https://www.regulations.gov by searching 

for and locating Docket No. FAA–2021–1180. 

(2) For more information about this AD, 

contact Andrea Jimenez, Aerospace Engineer, 

COS Program Management Section, 

Operational Safety Branch, Compliance & 

Airworthiness Division, FAA, 1600 Stewart 

Ave., Suite 410, Westbury, NY 11590; 

telephone (516) 228–7330; email 

andrea.jimenez@faa.gov. 

Issued on January 6, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–00358 Filed 1–13–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–1194; Airspace 

Docket No. 19–AAL–39] 

RIN 2120–AA66 

Proposed Establishment of United 

States Area Navigation (RNAV) Route 

T–370; Kenai, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish United States Area Navigation 

(RNAV) route T–370 in the vicinity of 

Kenai, AK in support of a large and 

comprehensive T-route modernization 

project for the state of Alaska. 

DATES: Comments must be received on 

or before February 28, 2022. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590; telephone: 

1(800) 647–5527, or (202) 366–9826. 

You must identify FAA Docket No. 

FAA–2021–1194; Airspace Docket No. 

19–AAL–39 at the beginning of your 

comments. You may also submit 

comments through the internet at 

https://www.regulations.gov. FAA Order 

JO 7400.11F, Airspace Designations and 

Reporting Points, and subsequent 

amendments can be viewed online at 

https://www.faa.gov/air_traffic/ 

publications/. For further information, 

you can contact the Rules and 

Regulations Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC, 20591; 

telephone: (202) 267–8783. FAA Order 

JO 7400.11F is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of FAA 

Order JO 7400.11F at NARA, email: 

fr.inspection@nara.gov or go to https:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Christopher McMullin, Rules and 

Regulations Group, Office of Policy, 

Federal Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 


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