[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Proposed Rules]
[Pages 17201-17203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06358]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0294; Project Identifier MCAI-2021-00550-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK117 A-1, 
MBB-BK117 A-3, MBB-BK117 A-4, MBB-BK117 B-1, MBB-BK117 B-2, MBB-BK117 
C-1, MBB-BK117 C-2, and MBB-BK117 D-2 helicopters. This proposed AD was 
prompted by the FAA's determination that aging of the elastomeric 
material of certain tension torsion straps (TT-Straps), during the 
period since manufacturing date up to first flight on a helicopter, may 
affect its structural characteristics. This proposed AD would require 
the replacement of certain TT-Straps, implementation of storage life 
limits for TT-Straps, a prohibition on installing certain TT-Straps and 
conditions for installation of certain other TT-Straps, 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 May 12, 
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 that is proposed for IBR in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 
8999 000; email: <a href="/cdn-cgi/l/email-protection#06474275466367756728637374697667286373"><span class="__cf_email__" data-cfemail="e3a2a790a386829082cd8696918c9382cd8696">[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. The EASA material is also 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0294.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0294; 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: Kristi Bradley, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; phone: (817) 222-5110; email: <a href="/cdn-cgi/l/email-protection#0f647d667c7b6661216d7d6e6b636a764f696e6e21686079"><span class="__cf_email__" data-cfemail="90fbe2f9e3e4f9febef2e2f1f4fcf5e9d0f6f1f1bef7ffe6">[email protected]</span></a>.

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-2022-0294; Project Identifier 
MCAI-2021-00550-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

[[Page 17202]]

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 
Kristi Bradley, Program Manager, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; phone: (817) 222-5110; 
email: <a href="/cdn-cgi/l/email-protection#0f647d667c7b6661216d7d6e6b636a764f696e6e21686079"><span class="__cf_email__" data-cfemail="9cf7eef5efe8f5f2b2feeefdf8f0f9e5dcfafdfdb2fbf3ea">[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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0122, dated May 6, 2021 (EASA 
AD 2021-0122), to correct an unsafe condition for all Airbus 
Helicopters Deutschland GmbH (AHD) (formerly Eurocopter Deutschland 
GmbH, Eurocopter Hubschrauber GmbH, Messerschmitt-B[ouml]lkow-Blohm 
GmbH; Airbus Helicopters Inc., formerly American Eurocopter LLC) Model 
MBB-BK117 A-1, MBB-BK117 A-3, MBB-BK117 A-4, MBB-BK117 B-1, MBB-BK117 
B-2, MBB-BK117 C-1, MBB-BK117 C-2, and MBB-BK117 D-2 helicopters.
    This proposed AD was prompted by a determination that aging of the 
elastomeric material of certain TT-Straps, during the period since 
manufacturing date up to first flight on a helicopter, may affect its 
structural characteristics. The FAA is proposing this AD to address 
aging of the elastomeric material of certain TT-Straps, which could 
lead to premature failure of a TT-Strap, possibly resulting in loss of 
control of the helicopter. See EASA AD 2021-0122 for additional 
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0122 requires the replacement of certain TT-straps, 
implementation of storage life limits for TT-Straps since cure date, a 
prohibition on installing certain TT-Straps, and provides conditions 
for installation of certain other TT-Straps. 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.

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 2021-0122, 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 2021-0122 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0122 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 2021-0122 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-
0122. Service information referenced in EASA AD 2021-0122 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0294 after the FAA final 
rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 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 proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace the TT-Strap..................  5 work-hours x $85 per            $4,800          $5,225      $1,112,925
                                         hour = $425.
----------------------------------------------------------------------------------------------------------------

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

[[Page 17203]]

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

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:

Airbus Helicopters Deutschland GmbH (AHD): Docket No. FAA-2022-0294; 
Project Identifier MCAI-2021-00550-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 12, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Deutschland GmbH (AHD) 
MBB-BK117 A-1, MBB-BK117 A-3, MBB-BK117 A-4, MBB-BK117 B-1, MBB-
BK117 B-2, MBB-BK117 C-1, MBB-BK117 C-2, and MBB-BK117 D-2 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor 
System.

(e) Unsafe Condition

    This AD was prompted by the FAA's determination that aging of 
the elastomeric material of certain tension torsion straps (TT-
Straps), during the period since manufacturing date up to first 
flight on a helicopter, may affect its structural characteristics. 
The FAA is issuing this AD to address aging of the elastomeric 
material of certain TT-Straps. The unsafe condition, if not 
addressed, could result in premature failure of a TT-Strap, possibly 
resulting in loss of 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 
2021-0122, dated May 6, 2021 (EASA AD 2021-0122).

(h) Exceptions to EASA AD 2021-0122

    (1) Where EASA AD 2021-0122 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0122 specifies the ``cure date'' of a TT-
Strap, the cure date can be determined using the information 
provided in the service information specified in EASA AD 2021-0122, 
or contacting Airbus Helicopters Deutschland GmbH for applicable 
instructions. If the option of contacting Airbus Helicopters 
Deutschland GmbH for instructions is chosen, those instructions must 
be 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.
    (3) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0122.
    (4) Where the service information referenced in EASA AD 2021-
0122 specifies scrapping a part, this AD requires removing that part 
from service.
    (5) Where paragraph (1) of EASA AD 2021-0122 specifies to 
replace each Lord TT-Strap and Bendix TT-Strap ``in accordance with 
the instructions of the applicable ASB,'' for this AD, the 
replacement must be done using FAA-approved procedures.
    (6) Where EASA AD 2021-0122 refers to the airworthiness 
limitations items of the airworthiness limitations section of the 
aircraft maintenance manual (AMM) for the definition of service life 
limit (SLL), this AD requires using the life limits specified in 
paragraphs (h)(6)(i) through (iii) of this AD, as applicable.
    (i) For Bendix TT-Strap P/N 2604067 and P/N 117-14110: Before 10 
years or 25,000 flight cycles on the part, whichever occurs first.
    (ii) For Lord TT-Strap P/N J17322-1 and P/N 117-14111: Before 12 
years or 40,000 flight cycles on the part, whichever occurs first.
    (iii) For Lord TT-Strap P/N B622M10T1001: Before 12 years or 
30,000 flight cycles on the part, whichever occurs first.
    (7) Where table 1 of EASA AD 2021-0122 specifies a compliance 
time of ``During the next helicopter periodical inspection or within 
2 months, whichever occurs later after the effective date of this 
AD, but not exceeding the SLL,'' for this AD, the compliance time is 
``Within 2 months after the effective date of this AD but not 
exceeding the applicable SLL specified in paragraphs (h)(6)(i) 
through (iii) of this AD.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed.

(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)(2) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#fbc2d6baada8d6bab2a9d6ccc8cbd6bab6b4b8bb9d9a9ad59c948d"><span class="__cf_email__" data-cfemail="2a13076b7c79076b6378071d191a076b6765696a4c4b4b044d455c">[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

    (1) For EASA AD 2021-0122, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
<a href="/cdn-cgi/l/email-protection#78393c0b381d190b19561d0d0a170819561d0d"><span class="__cf_email__" data-cfemail="5110152211343022307f3424233e21307f3424">[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. This material may be found in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0294.
    (2) For more information about this AD, contact Kristi Bradley, 
Program Manager, COS Program Management Section, Operational Safety 
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; phone: (817) 222-5110; email: 
<a href="/cdn-cgi/l/email-protection#345f465d47405d5a1a5646555058514d745255551a535b42"><span class="__cf_email__" data-cfemail="6308110a10170a0d4d011102070f061a230502024d040c15">[email protected]</span></a>.

    Issued on March 22, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-06358 Filed 3-25-22; 8:45 am]
BILLING CODE 4910-13-P


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