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[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Rules and Regulations]
[Pages 14-17]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31500]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2670; Project Identifier MCAI-2024-00736-R; 
Amendment 39-22916; AD 2024-25-51]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
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 Model MBB-BK 117 C-2 helicopters. 
The FAA previously sent this AD as an emergency AD to all known U.S. 
owners and operators of these helicopters. This AD was prompted by a 
report of vibrations of the yaw axis during a hover taxi. This AD 
requires repetitively inspecting the bolted joint between the cardan-
pivot joint assembly and the tail rotor actuator piston rod and, 
depending on the results, taking corrective action. This AD also 
prohibits installing certain tail rotor actuators unless its 
requirements are met. These actions are 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 17, 2025. Emergency AD 2024-25-51, 
issued on December 12, 2024, which contains the requirements of this 
amendment, was effective with actual notice.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 17, 
2025.
    The FAA must receive comments on this AD by February 18, 2025.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-2670; 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 mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; website: easa.europa.eu. You may find 
this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, 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-2024-2670.

FOR FURTHER INFORMATION CONTACT: Tara Lucas, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (206) 
231-3189; email: [email protected].

SUPPLEMENTARY INFORMATION:

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 
the ADDRESSES section. Include ``Docket No. FAA-2024-2670; Project 
Identifier MCAI-2024-00736-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 
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 Tara 
Lucas, Aviation

[[Page 15]]

Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone: (206) 231-3189; email: [email protected]. Any commentary 
that the FAA receives that is not specifically designated as CBI will 
be placed in the public docket for this rulemaking.

Background

    The FAA issued Emergency AD 2024-25-51, dated December 12, 2024 
(the emergency AD), to address an unsafe condition on Airbus 
Helicopters Deutschland GmbH Model MBB-BK 117 C-2 helicopters. The FAA 
sent the emergency AD to all known U.S. owners and operators of these 
helicopters. For helicopters having tail rotor actuator part number (P/
N) B673M40A1002 (manufacturer P/N 5038A0000-01) installed, the 
emergency AD requires repetitively inspecting the bolted joint between 
the cardan-pivot joint assembly and the tail rotor actuator piston rod 
and, depending on the results, taking corrective action. The emergency 
AD also prohibits installing this part-numbered tail rotor actuator on 
any helicopter unless it is new, or the inspection is done.
    The emergency AD was prompted by Emergency AD 2024-0237-E, dated 
December 9, 2024 (EASA Emergency AD 2024-0237-E) (also referred to as 
the MCAI), issued by EASA, which is the Technical Agent for the Member 
States of the European Union, to correct an unsafe condition on all 
Airbus Helicopters Deutschland GmbH Model MBB-BK117 C-2 helicopters. 
The MCAI states a bolt on the tail rotor actuator that connects the 
cardan-pivot joint assembly with the tail rotor actuator piston rod was 
found worn and broken during a subsequent inspection. EASA considers 
the MCAI an interim action.
    The FAA is issuing this AD to detect a worn tail rotor actuator 
bolt. This condition, if not addressed, could result in failure of a 
tail rotor actuator bolt, loss of tail rotor control, and subsequent 
loss of control of the helicopter.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-2670.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed EASA Emergency AD 2024-0237-E, which requires, for 
helicopters having tail rotor actuator P/N B673M40A1002 (manufacturer 
P/N 5038A0000-01) installed, repetitively inspecting the bolted joint 
between the cardan-pivot joint assembly and the tail rotor actuator 
piston rod. Depending on the results, EASA Emergency AD 2024-0237-E 
requires contacting AH [Airbus Helicopters] to obtain applicable repair 
instructions and accomplishing those instructions within the compliance 
time specified within. EASA Emergency AD 2024-0237-E also prohibits 
installing this part-numbered tail rotor actuator on any helicopter 
unless its requirements are met.
    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

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
described above. The FAA is issuing this AD after determining that the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in EASA 
Emergency AD 2024-0237-E described previously, except for any 
differences identified as exceptions in the regulatory text of this 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 Emergency AD 2024-0237-E is incorporated by reference in this AD. 
This AD requires compliance with EASA Emergency AD 2024-0237-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 Emergency AD 2024-0237-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 Emergency AD 
2024-0237-E. Material required by EASA Emergency AD 2024-0237-E for 
compliance will be available at regulations.gov under Docket No. FAA-
2024-2670 after this AD is published.

Interim Action

    The FAA considers that this AD is an 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) 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 required the immediate adoption of 
the emergency AD to all known U.S. owners and operators of these 
helicopters. The FAA found that the risk to the flying public justified 
waiving notice and comment prior to adoption of this rule because a 
tail rotor actuator is part of an assembly that is critical to the 
control of a helicopter. Failure of this part could result in an 
emergency condition on these helicopters, which primarily conduct air 
ambulance and military operations. Additionally, the FAA has no 
information pertaining to the extent of wear in the tail rotor actuator 
bolts that may currently exist in helicopters or how quickly the 
condition may propagate to failure, therefore, the initial actions 
required by this AD must be accomplished before next flight. These 
conditions still exist, therefore, notice and opportunity for prior 
public comment are impracticable and contrary to the public interest 
pursuant to 5 U.S.C. 553(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 forgo notice and 
comment.

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 notice

[[Page 16]]

and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 156 helicopters of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                       Estimated Costs of Required Actions
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspecting the tail rotor          2 work-hours x $85               $0  $170 (per            $26,520 (per
 actuator.                          per work-hour =                      inspection cycle).   inspection cycle).
                                    $170 (per
                                    inspection cycle).
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    Corrective actions that may be required depending on the results of 
an inspection could vary from helicopter to helicopter. The FAA has no 
data to determine the costs to accomplish these corrective actions. The 
FAA estimates the following costs to do any necessary replacement that 
may be done.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacing the tail rotor actuator.............  1 work-hour x $85 per work-hour          $71,933         $72,018
                                                 = $85.
----------------------------------------------------------------------------------------------------------------

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, 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:

2024-25-51 Airbus Helicopters Deutschland GmbH: Amendment 39-22916; 
Docket No. FAA-2024-2670; Project Identifier MCAI-2024-00736-R.

(a) Effective Date

    The FAA issued Emergency Airworthiness Directive (AD) 2024-25-51 
on December 12, 2024 (the emergency AD), directly to affected owners 
and operators. As a result of such actual notice, the emergency AD 
was effective for those owners and operators on the date it was 
provided. This AD contains the same requirements as the emergency AD 
and, for those who did not receive actual notice, is effective on 
January 17, 2025.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
MBB-BK 117 C-2 helicopters, certificated in any category.
    Note 1 to paragraph (c): Helicopters with an MBB-BK 117 C-2e 
designation are Model MBB-BK 117 C-2 helicopters.

 (d) Subject

    Joint Aircraft System Component (JASC) Code 6700, Rotorcraft 
Flight Control.

 (e) Unsafe Condition

    This AD was prompted by a report of vibrations of the yaw axis 
during a hover taxi. The FAA is issuing this AD to detect a worn 
tail rotor actuator bolt. The unsafe condition, if not addressed, 
could result in failure of a tail rotor actuator bolt, loss of tail 
rotor control, and subsequent 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 paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency Emergency AD 
2024-0237-E, dated December 9, 2024 (EASA Emergency AD 2024-0237-E).

 (h) Exceptions to EASA Emergency AD 2024-0237-E

    (1) Where EASA Emergency AD 2024-0237-E requires compliance in 
terms of flight hours, this AD requires using hours time-in-service.
    (2) Where EASA Emergency AD 2024-0237-E refers to its effective 
date, this AD requires using the effective date of this AD.
    (3) Where the material referenced in paragraph (1) of EASA 
Emergency AD 2024-0237-E states to ``use a suitable pen,'' this

[[Page 17]]

AD requires replacing that text with ``use a permanent marker.''
    (4) Where paragraph (3) of EASA Emergency AD 2024-0237-E states 
``discrepancy,'' for the purpose of this AD, a ``discrepancy'' is 
defined as the lines on the piston rod and the bolt do not stay 
aligned to each other while rotating the tail rotor actuator, or the 
line is not aligned on the piston rod, the cardan-pivot joint 
assembly, the lever assembly, and the bolt after connecting the tail 
rotor actuator upper control rod and the bellcrank.
    (5) Where paragraph (3) of EASA Emergency AD 2024-0237-E states 
to ``contact AH for applicable repair instructions and, within the 
compliance time specified in those instructions, accomplish those 
instructions accordingly,'' this AD requires replacing that text 
with ``accomplish corrective action in accordance with a method 
approved by the Manager, International Validation Branch, FAA; or 
EASA; or Airbus Helicopters Deutschland GmbH's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.''
    (6) Where paragraphs (4) and (5) of EASA Emergency AD 2024-0237-
E specify accomplishing corrective actions, this AD requires 
accomplishing corrective actions in accordance with a method 
approved by the Manager, International Validation Branch, FAA; or 
EASA; or Airbus Helicopters Deutschland GmbH's EASA DOA. If approved 
by the DOA, the approval must include the DOA-authorized signature.
    (7) This AD does not adopt the ``Remarks'' section of EASA 
Emergency AD 2024-0237-E.

 (i) No Reporting Requirement

    Although the material referenced in EASA Emergency AD 2024-0237-
E specifies to submit certain information to the manufacturer, this 
AD does not require that action.

 (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 and email to: [email protected].
    (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) Additional Information

    For more information about this AD, contact Tara Lucas, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone: (206) 231-3189; email: [email protected].

 (l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) Emergency AD 
2024-0237-E, dated December 9, 2024.
    (ii) [Reserved]
    (3) For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; website: easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, 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, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on December 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-31500 Filed 12-30-24; 8:45 am]
BILLING CODE 4910-13-P
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