[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Proposed Rules]
[Pages 42106-42109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15024]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / 
Proposed Rules

[[Page 42106]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0875; Project Identifier MCAI-2022-00640-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-BK 117 C-2 
helicopters. This proposed AD was prompted by reports of excessively 
worn bolts that connect the cardan-pivot joint with the piston rod of 
the tail rotor actuator (TRA) assembly. This proposed AD would require 
repetitively inspecting certain TRA assemblies, and depending on the 
results, replacing or repairing parts, or accomplishing additional 
inspections. This proposed AD would also prohibit installing an 
affected TRA assembly unless it passes required inspections. Lastly, 
this proposed AD would provide terminating actions for certain 
inspections, 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 August 29, 
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 NPRM, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#cb8a8fb88baeaab8aae5aebeb9a4bbaae5aebe"><span class="__cf_email__" data-cfemail="83c2c7f0c3e6e2f0e2ade6f6f1ecf3e2ade6f6">[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. For Airbus Helicopters service information 
identified in this NPRM, 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. The EASA material is 
also available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0875.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0875; 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: 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#2149404d0f4b444f52444f614740400f464e57"><span class="__cf_email__" data-cfemail="8fe7eee3a1e5eae1fceae1cfe9eeeea1e8e0f9">[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-2022-0875; Project Identifier 
MCAI-2022-00640-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 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#cda5aca1e3a7a8a3bea8a38dabacace3aaa2bb"><span class="__cf_email__" data-cfemail="cda5aca1e3a7a8a3bea8a38dabacace3aaa2bb">[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 a series of EASA ADs, with the most recent 
being EASA AD 2022-0086, dated May 13, 2022 (EASA AD 2022-0086), to 
correct an unsafe condition for Airbus Helicopters

[[Page 42107]]

Deutschland GmbH (AHD), formerly Eurocopter Deutschland GmbH; and 
Airbus Helicopters Inc., formerly American Eurocopter LLC, Model MBB-
BK117 C-2 helicopters. EASA issued EASA AD 2022-0086 to supersede EASA 
AD 2019-0313, dated December 20, 2019.
    This proposed AD was prompted by reports of excessively worn bolts 
that connect the cardan-pivot joint with the piston rod of the TRA 
assembly. According to Airbus Helicopters, manufacturer investigations 
of affected TRAs have revealed improperly assembled cardan-pivot joints 
as the main cause of the excessively worn bolts. Additionally, 
incorrect washers as well as improperly shimmed laminated washers 
contribute to axial play and increased wear of the bolt. The FAA is 
proposing this AD to detect and prevent worn bolts. The unsafe 
condition, if not addressed, could result in helicopter oscillations on 
the yaw axis during flight, failure of a bolt resulting in loss of 
control of the tail rotor, and subsequent loss of control of the 
helicopter. See EASA AD 2022-0086 for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0086 requires, for certain TRAs with a steel or 
aluminum cardan-pivot joint, repetitively measuring the minimum 
diameter of the cardan-pivot joint assembly bolt. Depending on the 
results, EASA AD 2022-0086 requires replacing the bolt and laminated 
washers of the affected TRA or repetitively measuring the minimum 
diameter of the cardan-pivot joint assembly bolt at a reduced 
compliance time; or contacting AHD for approved repair instructions and 
compliance time or measuring the maximum diameter of the TRA piston rod 
bore hole. Depending on the results of measuring the maximum diameter 
of the TRA piston rod bore hole, EASA AD 2022-0086 requires replacing 
the bolt and laminated washers of the affected TRA; or contacting AHD 
for approved repair instructions and compliance time or repetitively 
measuring the maximum diameter of the TRA piston rod bore hole at a 
reduced compliance time. EASA AD 2022-0086 also prohibits installing an 
affected TRA assembly unless it passes its required inspections. 
Lastly, EASA AD 2022-0086 specifies certain terminating actions for 
repetitively measuring the minimum diameter of the cardan-pivot joint 
assembly bolt.
    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 MBB-
BK117 C-2-67A-027, Revision 2, dated December 15, 2021. This service 
information specifies, for TRAs with a steel or aluminum cardan-pivot 
joint, procedures for measuring the minimum diameter of the cardan-
pivot joint assembly bolt, measuring the maximum diameter of the TRA 
piston rod bore hole, replacing the bolt and laminated washers, and 
reassembling the TRA.

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 2022-0086, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed 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, the 
FAA proposes to incorporate EASA AD 2022-0086 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0086 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 2022-0086 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 2022-
0086. Service information referenced in EASA AD 2022-0086 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0875 after the FAA final 
rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2022-0086 requires discarding certain parts, whereas this 
proposed AD would require removing those parts from service instead. 
EASA AD 2022-0086 requires maintaining a removed bolt for possible 
investigation purposes for four weeks, whereas this proposed AD would 
not require that action. EASA AD 2022-0086 requires contacting AHD for 
approved repair instructions and accomplishing those instructions 
within the compliance time specified therein, whereas this proposed AD 
would require accomplishing a repair in accordance with certain 
approved methods before further flight.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 142 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.
    Measuring the cardan-pivot joint assembly bolt would take about 2 
work-hours and have a nominal parts cost for an estimated cost of $170 
per helicopter and $24,140 for the U.S. fleet, per inspection cycle. If 
required, measuring the TRA piston rod bore hole following the cardan-
pivot joint assembly bolt inspection would take about an additional 0.5 
work-hour for an estimated cost of $43 per helicopter, per inspection 
cycle. Replacing a bolt and the laminated washers following an 
inspection would take about an additional 0.25 work-hour and parts 
would cost about $586 for an estimated cost of $607 per replacement.

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.

[[Page 42108]]

    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

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-2022-0875; 
Project Identifier MCAI-2022-00640-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 29, 2022.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6720, Tail Rotor 
Control System.

(e) Unsafe Condition

    This AD was prompted by reports of excessively worn bolts that 
connect the cardan-pivot joint with the piston rod of the tail rotor 
actuator assembly. The FAA is issuing this AD to detect and prevent 
worn bolts. The unsafe condition, if not addressed, could result in 
helicopter oscillations on the yaw axis during flight, failure of a 
bolt resulting in loss of control of the tail rotor, 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 (EASA) AD 
2022-0086, dated May 13, 2022 (EASA AD 2022-0086).

(h) Exceptions to EASA AD 2022-0086

    (1) Where EASA AD 2022-0086 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service (TIS).
    (2) Where EASA AD 2022-0086 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where Note 1 of EASA AD 2022-0086 allows a non-cumulative 
tolerance of 10% to the repetitive inspection intervals specified in 
its paragraphs (1), (2.2), and (5.2), this AD requires the 
repetitive inspection intervals specified in paragraphs (h)(3)(i) 
through (iii) of this AD.
    (i) For the repetitive inspection interval specified in 
paragraph (1) of EASA AD 2022-0086, within intervals not to exceed 
330 hours TIS.
    (ii) For the repetitive inspection interval specified in 
paragraph (2.2) of EASA AD 2022-0086, within intervals not to exceed 
165 hours TIS.
    (iii) For the repetitive inspection interval specified in 
paragraph (5.2) of EASA AD 2022-0086, within intervals not to exceed 
55 hours TIS.
    (4) Where the service information referenced in EASA AD 2022-
0086 specifies discarding parts, this AD requires removing those 
parts from service.
    (5) Where the service information referenced in EASA AD 2022-
0086 specifies maintaining a removed bolt for possible investigation 
purposes for four weeks, this AD does not require that action.
    (6) Where paragraphs (3.1) and (5.1) of EASA AD 2022-0086 
specify contacting AHD for approved repair instructions and 
accomplishing those instructions within the compliance time 
specified therein, this AD requires, before further flight, repair 
done in accordance with a method approved by the Manager, General 
Aviation & Rotorcraft Section, International Validation Branch, FAA; 
EASA; or Airbus Helicopters Deutschland GmbH EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (7) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2022-0086.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0086 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    A special flight permit may be issued in accordance with 14 CFR 
21.197 and 21.199, provided that there are no passengers 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: <a href="/cdn-cgi/l/email-protection#a49d89e5f2f789e5edf68993979489e5e9ebe7e4c2c5c58ac3cbd2"><span class="__cf_email__" data-cfemail="bf8692fee9ec92fef6ed92888c8f92fef2f0fcffd9dede91d8d0c9">[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

    (1) For EASA AD 2022-0086, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#4f0e0b3c0f2a2e3c2e612a3a3d203f2e612a3a"><span class="__cf_email__" data-cfemail="bdfcf9cefdd8dccedc93d8c8cfd2cddc93d8c8">[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-2022-0875.
    (2) 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#4b232a2765212e25382e250b2d2a2a652c243d"><span class="__cf_email__" data-cfemail="543c35387a3e313a27313a143235357a333b22">[email protected]</span></a>.


[[Page 42109]]


    Issued on July 8, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-15024 Filed 7-13-22; 8:45 am]
BILLING CODE 4910-13-P


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