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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2021-0104; Project Identifier MCAI-2020-00477-R; Amendment 39-21551; AD 2021-10-18]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule.
 SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain Airbus Helicopters Deutschland GmbH Model MBB-BK117 D-2 helicopters. This AD was prompted by reports that collective lever switch units having certain part numbers did not have retaining rings installed in the cable cut switch guard. This AD requires inspecting certain collective lever switch units for discrepancies (missing retaining rings, incorrectly installed retaining rings, and a missing axis in the cable cut switch guard), doing all applicable corrective actions, and marking affected parts, 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 July 6, 2021. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 6, 2021.
 ADDRESSES: For material incorporated by reference (IBR) in this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
                        *ADs@easa.europa.eu;*
                         internet 
                        *www.easa.europa.eu.*
                         You may find this 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 on the internet at 
                        *https://www.regulations.gov*
                         by searching for and locating Docket No. FAA-2021-0104. Examining the AD Docket You may examine the AD docket on the internet at 
                    *https://www.regulations.gov*
                     by searching for 
                    ( print page 29188)
                    and locating Docket No. FAA-2021-0104; 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, 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: Hal Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 950 L'Enfant Plaza SW, Washington, DC 20024; telephone 202-267-9167; email 
                        *hal.jensen@faa.gov.*


SUPPLEMENTARY INFORMATION: Background The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020-0084, dated April 3, 2020 (EASA AD 2020-0084) (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for all Airbus Helicopters Deutschland GmbH Model MBB-BK117 D-2 helicopters. Although EASA AD 2020-0084 applies to all Model MBB-BK117 D-2 helicopters, this AD applies to helicopters with an affected part installed instead. The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Model MBB-BK117 D-2 helicopters. The NPRM published in the 
                    **Federal Register**
                     on March 8, 2021 (86 FR 13234). The NPRM was prompted by reports that collective lever switch units having certain part numbers did not have retaining rings installed in the cable cut switch guard. The NPRM proposed to require inspecting certain collective lever switch units for discrepancies (missing retaining rings, incorrectly installed retaining rings, and a missing axis in the cable cut switch guard), doing all applicable corrective actions, and marking affected parts. The cable cut switch guard has an axis that holds, and allows the guard to turn over, the cable cut switch. This axis is secured with two retaining rings and if both retaining rings are missing, the axis can move out. The FAA is issuing this AD to address this condition, which could cause inadvertent activation of the rescue hoist cable cut function, resulting in personal injury. See the MCAI for additional background information. Discussion of Final Airworthiness Directive Comments The FAA gave the public the opportunity to participate in developing this final rule. The FAA received no comments on the NPRM or on the determination of the cost to the public. Conclusion The FAA reviewed the relevant data and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes and an update to paragraph (j)(1) of this AD. The FAA has determined that these minor changes: Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and
                Do not add any additional burden upon the public than was already proposed in the NPRM. Related Service Information Under 1 CFR Part 51 EASA AD 2020-0084 specifies procedures for inspecting collective lever switch units having certain part numbers for discrepancies, applicable corrective actions, and marking affected parts. Discrepancies include missing retaining rings, incorrectly installed retaining rings, and a missing axis in the cable cut switch guard. Corrective actions include installing missing retaining rings, adjusting retaining rings that are installed incorrectly, and installing an axis in the cable cut switch guard. EASA AD 2020-0084 also specifies that an affected part can be installed on any helicopter, provided it has been marked. 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. Costs of Compliance The FAA estimates that this AD affects 30 helicopters of U.S. registry. The FAA estimates the following costs to comply with this AD: Estimated Costs for Required Actions
Labor cost
Parts cost
Cost per
                             product
Cost on U.S.
                             operators0.50 work-hour × $85 per hour = $42.50
$0
$42.50
$1,275
 The FAA estimates the following costs to do any necessary on-condition actions that would be required based on the results of any required actions. The FAA has no way of determining the number of helicopters that might need these on-condition actions: Estimated Costs of On-Condition Actions
Labor cost
Parts cost
Cost per
                             product2 work-hours × $85 per hour = $170
$56
$226
 According to the manufacturer, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. The FAA does not control warranty coverage for affected operators. As a result, the FAA has included all known costs in the cost estimate. 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 
                    ( print page 29189)
                    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
 1.The authority citation for part 39 continues to read as follows: Authority:
                        49 U.S.C. 106(g), 40113, 44701. § 39.13
 2.The FAA amends § 39.13 by adding the following new airworthiness directive: **2021-10-18 Airbus Helicopters Deutschland GmbH:**
                             Amendment 39-1551; Docket No. FAA-2021-0104; Project Identifier MCAI-2020-00477-R. (a) Effective Date This airworthiness directive (AD) is effective July 6, 2021. (b) Affected ADs None. (c) Applicability This AD applies to Airbus Helicopters Deutschland GmbH Model MBB-BK117 D-2 helicopters, certificated in any category, all serial numbers, having an affected part defined in European Union Aviation Safety Agency (EASA) AD 2020-0084, dated April 3, 2020 (EASA AD 2020-0084). (d) Subject Joint Aircraft System Component (JASC) Code 2700, Flight Control System. (e) Reason This AD was prompted by reports that collective lever switch units having certain part numbers did not have retaining rings installed in the cable cut switch guard. The cable cut switch guard has an axis that holds, and allows the guard to turn over, the cable cut switch. This axis is secured with two retaining rings and if both retaining rings are missing, the axis can move out. The FAA is issuing this AD to address this condition, which could cause inadvertent activation of the rescue hoist cable cut function, resulting in personal injury. (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, EASA AD 2020-0084. (h) Exceptions to EASA AD 2020-0084 (1) Where EASA AD 2020-0084 refers to its effective date, this AD requires using the effective date of this AD. (2) The “Remarks” section of EASA AD 2020-0084 does not apply to this AD. (i) 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 (if the operator elects to do so), provided the helicopter is not used for hoist operations. (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: 
                            *9-AVS-AIR-730-AMOC@faa.gov.* (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, FAA, 950 L'Enfant Plaza SW, Washington, DC 20024; telephone 202-267-9167; email 
                            *hal.jensen@faa.gov.* (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) 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 2020-0084, dated April 3, 2020. (ii) [Reserved] (3) For EASA AD 2020-0084, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
                            *ADs@easa.europa.eu;*
                             internet 
                            *www.easa.europa.eu.*
                             You may find this EASA AD 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 on the internet at 
                            *https://www.regulations.gov*
                             by searching for and locating Docket No. FAA-2021-0104. (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 
                            *fedreg.legal@nara.gov,*
                             or go to 
                            *https://www.archives.gov/​federal-register/​cfr/​ibr-locations.html.* Issued on May 5, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service.


[FR Doc. 2021-11391 Filed 5-28-21; 8:45 am] BILLING CODE 4910-13-P