[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Rules and Regulations]
[Pages 3923-3926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01540]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0009; Project Identifier MCAI-2021-01459-R; 
Amendment 39-21914; AD 2022-02-17]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 C-2, MBB-BK 
117 D-2, and MBB-BK 117 D-3 helicopters. This AD was prompted by 
reports of engine flame out following prolonged operations in falling 
snow on helicopters with an inlet barrier filter (IBF) system 
installed. This AD requires revising the existing Rotorcraft Flight 
Manual (RFM) for your helicopter, 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 becomes effective February 10, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 10, 
2022.
    The FAA must receive comments on this AD by March 14, 2022.

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 EASA material incorporated by reference (IBR) 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#befffacdfedbdfcddf90dbcbccd1cedf90dbcb"><span class="__cf_email__" data-cfemail="07464374476266746629627275687766296272">[email protected]</span></a>; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. 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 https://www.airbus.com/helicopters/services/technical-support.html. 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. Service information that is IBRed is also 
available in the AD docket at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0009.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0009; 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 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, Compliance & Airworthiness Division, FAA, 
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email <a href="/cdn-cgi/l/email-protection#1b737a7735717e75687e755b7d7a7a357c746d"><span class="__cf_email__" data-cfemail="c4aca5a8eaaea1aab7a1aa84a2a5a5eaa3abb2">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD 2021-0289-E, dated 
December 23, 2021 (EASA AD 2021-0289-E), to correct an unsafe condition 
for all Airbus Helicopters Deutschland GmbH (AHD), formerly Eurocopter 
Deutschland GmbH; and Airbus Helicopters Inc., formerly American 
Eurocopter LLC, Model MBB-BK117 C-2, D-2, D-3, and D-3m helicopters, 
all variants, all serial numbers.
    This AD was prompted by reports of engine flame out following 
prolonged operations in falling snow with the IBF system installed. The 
FAA is issuing this AD to prevent partial icing of an IBF engine intake 
and engine flame out. The unsafe condition, if not addressed, could 
result in engine failure and reduced control of the helicopter, 
possibly resulting in damage to the

[[Page 3924]]

helicopter or injury to occupants. See EASA AD 2021-0289-E for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0289-E requires amending the RFM by incorporating the 
applicable RFM temporary revision (TR), to amend the IBF system 
limitations and emergency procedures sections, to include a restriction 
to operation in falling or blowing snow.
    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 Service Bulletin SB MBB-BK117 
C-2-71-005, Revision 5, dated May 31, 2017; and Airbus Helicopters 
Service Bulletin SB MBB[hyphen]BK117 D[hyphen]2-71-001, Revision 1, 
dated August 2, 2017. This service information specifies procedures for 
installing an IBF system.

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 of the 
unsafe condition described in its AD. The FAA is issuing this AD after 
evaluating all pertinent information and determining that the unsafe 
condition exists and is likely to exist or develop on other helicopters 
of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2021-0289-E, described previously, as IBRed, 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.''

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, 
EASA AD 2021-0289-E will be IBRed in this FAA final rule. This AD 
would, therefore, require compliance with EASA AD 2021-0289-E in its 
entirety through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this AD. Using 
common terms that are the same as the heading of a particular section 
in EASA AD 2021-0289-E 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 2021-0289-E. Service information 
referenced in EASA AD 2021-0289-E for compliance will be available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0009.

Differences Between This AD and the EASA AD

    EASA AD 2021-0289-E applies to Model MBB-BK117 D-3m helicopters, 
whereas this AD does not because that model is not FAA type-
certificated. EASA AD 2021-0289-E defines ``Retrofit SB'' as, ``AH 
Service Bulletin (SB) MBB-BK117 C-2-71-005, SB MBB-BK117 D-2-71-001 and 
SB MBB-BK117 D-3-71-001, as applicable, installing the IBF system,'' 
whereas this AD redefines ``Retrofit SB'' because SB MBB-BK117 D-3-71-
001 has not been issued.
    EASA AD 2021-0289-E requires operators to ``inform all flight 
crews'' of revisions to the RFM, and thereafter to ``operate the 
helicopter accordingly.'' However, this AD does not specifically 
require those actions.
    14 CFR 91.9 requires that no person may operate a civil aircraft 
without complying with the operating limitations specified in the RFM. 
Therefore, including a requirement in this AD to operate the helicopter 
according to the revised RFM would be redundant and unnecessary. 
Additionally, FAA regulations mandate compliance with only the 
operating limitations section of the flight manual. Some of the flight 
manual changes required by this AD apply to the emergency procedures 
section of the existing RFM for your helicopter. Compliance with such 
requirements in an AD is impracticable to demonstrate or track on an 
ongoing basis; therefore, requirements to operate the aircraft in such 
a manner are unenforceable. Nonetheless, the FAA recommends that flight 
crews of the helicopters listed in the applicability be made aware of 
the flight manual changes and that they operate in accordance with the 
revised emergency procedures.
    In this AD, the existing RFM for your helicopter may be revised and 
the logbook entry for that action may be made by the owner/operator 
(pilot) holding at least a private pilot certificate, whereas the EASA 
AD does not mention this allowance. This action must be entered into 
the aircraft records showing compliance with this AD in accordance with 
14 CFR 43.9(a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record 
must be maintained as required by 14 CFR 91.417 or 135.439.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because the affected component is part of the propulsion system that is 
critical to the power of the helicopter. Partial icing of the affected 
component could result in engine flame out, engine failure, reduced 
control of the helicopter, and subsequent damage to the helicopter or 
injury to occupants. In light of this, required actions must be 
accomplished within 14 days or 40 hours time-in-service, whichever 
occurs first after the effective date of this AD. This compliance time 
is shorter than the time necessary for the public to comment and for 
publication of the final rule. Accordingly, notice and opportunity for 
prior public comment are impracticable and contrary to the public 
interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

[[Page 3925]]

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0009; Project Identifier MCAI-
2021-01459-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; telephone (202) 267-9167; email <a href="/cdn-cgi/l/email-protection#d5bdb4b9fbbfb0bba6b0bb95b3b4b4fbb2baa3"><span class="__cf_email__" data-cfemail="5d353c31733738332e38331d3b3c3c733a322b">[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.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 213 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 existing RFM for your helicopter takes about 1 work-
hour for an estimated cost of about $85 per helicopter and up to about 
$18,105 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, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2022-02-17 Airbus Helicopters Deutschland GmbH (AHD): Amendment 39-
21914; Docket No. FAA-2022-0009; Project Identifier MCAI-2021-01459-
R.

(a) Effective Date

    This airworthiness directive (AD) is effective February 10, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (AHD) 
Model MBB-BK 117 C-2, MBB-BK 117 D-2, and MBB-BK 117 D-3 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 7160, Engine Air 
Intake System.

(e) Unsafe Condition

    This AD was prompted by reports of engine flame out following 
prolonged operations in falling snow with the inlet barrier filter 
(IBF) system installed. The FAA is issuing this AD to prevent 
partial icing of an IBF engine intake and engine flame out. The 
unsafe condition, if not addressed, could result in engine failure 
and reduced control of the helicopter, possibly resulting in damage 
to the helicopter or injury to occupants.

(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, European Union Aviation Safety Agency 
(EASA) Emergency AD 2021-0289-E, dated December 23, 2021 (EASA AD 
2021-0289-E).

(h) Exceptions to EASA AD 2021-0289-E

    (1) Where EASA AD 2021-0289-E defines Retrofit SB, replace the 
text ``AH Service Bulletin (SB) MBB-BK117 C-2-71-005, SB MBB-BK117 
D-2-71-001 and SB MBB-BK117 D-3-71-001, as applicable, installing 
the IBF system,'' with ``AH Service Bulletin (SB) MBB-BK117 C-2-71-
005 and SB MBB-BK117 D-2-71-001, as applicable, installing the IBF 
system; and for Model MBB-BK 117 D-3 helicopters, 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

[[Page 3926]]

Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature.''
    (2) Where EASA AD 2021-0289-E requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (3) Where EASA AD 2021-0289-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (4) Where paragraph (1) of EASA AD 2021-0289-E specifies to 
``inform all flight crews, and, thereafter, operate the helicopter 
accordingly,'' this AD does not require those actions.
    (5) The action required by paragraphs (1) and (2) of EASA AD 
2021-0289-E may be performed by the owner/operator (pilot) holding 
at least a private pilot certificate and must be entered into the 
aircraft records showing compliance with this AD in accordance with 
14 CFR 43.9(a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record 
must be maintained as required by 14 CFR 91.417 or 135.439.
    (6) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0289-E.

(i) Special Flight Permit

    Special flight permits may be permitted provided that there are 
no passengers on board.

(j) 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 (k) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#3e07137f686d137f776c13090d0e137f73717d7e585f5f10595148"><span class="__cf_email__" data-cfemail="ccf5e18d9a9fe18d859ee1fbfffce18d81838f8caaadade2aba3ba">[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

    For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; telephone (202) 267-9167; email <a href="/cdn-cgi/l/email-protection#1a727b7634707f74697f745a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="a9c1c8c587c3ccc7daccc7e9cfc8c887cec6df">[email protected]</span></a>.

(l) 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) Emergency AD 
2021-0289-E, dated December 23, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0289-E, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#39787d4a795c584a58175c4c4b564958175c4c"><span class="__cf_email__" data-cfemail="85c4c1f6c5e0e4f6e4abe0f0f7eaf5e4abe0f0">[email protected]</span></a>; internet www.easa.europa.eu. You may find the 
EASA material on the EASA website at https://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. This material may be 
found in the AD docket at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0009.
    (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#284e5a0641465b584d4b5c4147466846495a49064f475e"><span class="__cf_email__" data-cfemail="f99f8bd790978a899c9a8d909697b997988b98d79e968f">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 13, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-01540 Filed 1-24-22; 11:15 am]
BILLING CODE 4910-13-P


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