[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Rules and Regulations]
[Pages 14778-14780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05497]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1180; Project Identifier MCAI-2021-00794-R; 
Amendment 39-21967; AD 2022-06-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters Deutschland GmbH Model MBB-BK 117 D-3 helicopters. 
This AD was prompted by reports of a main rotor (M/R) blade lead-lag 
damper in a tilted position. This AD requires 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 incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective April 20, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 20, 
2022.

ADDRESSES: 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="3a7b7e497a5f5b495b145f4f48554a5b145f4f">[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. 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 
in the AD docket 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 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.

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 <a href="/cdn-cgi/l/email-protection#8eefe0eafcebefa0e4e7e3ebe0ebf4cee8efefa0e9e1f8"><span class="__cf_email__" data-cfemail="b4d5dad0c6d1d59adeddd9d1dad1cef4d2d5d59ad3dbc2">[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 2021-0160, 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.
    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 Model MBB-BK 117 D-3 helicopters. The NPRM published 
in the Federal Register on January 14, 2022 (87 FR 2368). The NPRM 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 NPRM proposed to require inspecting the FCU, and 
corrective actions if necessary, as well as rework and re-
identification of the bearing pin.
    The FAA is issuing 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.

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. This AD is adopted as proposed in the 
NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0160 requires a one-time 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 also 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 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 one-time inspection of the FCU and re-work of the bearing pin 
installed on the support assembly.

[[Page 14779]]

Costs of Compliance

    The FAA estimates that this AD affects 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 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, takes 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 takes about 0.5 work-
hour 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 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

    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:

2022-06-01 Airbus Helicopters Deutschland GmbH: Amendment 39-21967; 
Docket No. FAA-2021-1180; Project Identifier MCAI-2021-00794-R.

(a) Effective Date

    This airworthiness directive (AD) is effective April 20, 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.

(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.

[[Page 14780]]

(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#2d14006c7b7e006c647f001a1e1d006c60626e6d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="71485c3027225c3038235c4642415c303c3e32311710105f161e07">[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 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 <a href="/cdn-cgi/l/email-protection#4c2d22283e292d62262521292229360c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="63020d071106024d090a0e060d0619230502024d040c15">[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 2021-0160, 
dated July 5, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0160, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#bbfaffc8fbdedac8da95decec9d4cbda95dece"><span class="__cf_email__" data-cfemail="d59491a695b0b4a6b4fbb0a0a7baa5b4fbb0a0">[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-2021-1180.
    (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#7f190d5116110c0f1a1c0b1610113f111e0d1e51181009"><span class="__cf_email__" data-cfemail="ee889cc087809d9e8b8d9a878180ae808f9c8fc0898198">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 9, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-05497 Filed 3-15-22; 8:45 am]
BILLING CODE 4910-13-P


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