DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0254; Project Identifier MCAI-2020-00481-R]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters Deutschland GmbH
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 Model MBB-BK 117 D-2
helicopters. This proposed AD was prompted by reports of chafing marks
on the wiring harness behind the middle side panels in the area of the
front passenger (PAX) panels. This proposed AD would require
inspecting, modifying, and rerouting the wiring harness, 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 17, 2021.
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 https://www.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.
For material that is proposed for 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-2021-0254.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-
0254; 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, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Blaine Williams, Aerospace Engineer,
Los Angeles ACO Branch, Compliance & Airworthiness Division, 3960
Paramount Blvd., Lakewood, California 90712; telephone 562-627-5371;
email blaine.williams@faa.gov.
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-2021-0254; Project Identifier
MCAI-2020-00481-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 proposal.
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
Blaine Williams, Aerospace Engineer, Los Angeles ACO Branch, Compliance
& Airworthiness Division, 3960 Paramount Blvd., Lakewood, California
90712; telephone 562-627-5371; email blaine.williams@faa.gov. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0305, dated December 17, 2019
(EASA AD 2019-0305) to correct an unsafe condition for all Airbus
Helicopters Deutschland GmbH Model MBB-BK117 D-2 helicopters.
This proposed AD was prompted by reports of chafing marks found on
the wiring harness behind the middle side panels, in the area of the
front PAX panels. According to EASA, subsequent investigations
identified low clearance between the harness and the surrounding
structure. Airbus Helicopters identified the cause of the chafing marks
as contact of the harness with the front PAX panel screws. The FAA is
proposing this AD to prevent failure of the helicopter wiring harness.
See the EASA AD for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2019-0305 specifies inspecting the wiring harness installed
behind the front PAX panel of the left and right hand middle side
panels and depending on the results, repairing or modifying the wiring
harness. For a modified wiring harness, EASA AD 2019-0305 specifies
repetitively inspecting for damage.
The FAA also reviewed Airbus Helicopters Alert Service Bulletin
(ASB) No. MBB-BK117 D-2-88A-003, Revision 1 and dated December 9, 2019
(ASB MBB-BK117 D-2-88A-003). ASB MBB-BK117 D-2-88A-003 applies to Model
MBB-BK-117 D-2 and D-2m helicopters. This service information specifies
inspecting, repairing, and modifying the wiring harness installed
behind the front PAX panel of the left and right hand middle side
panels. 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 and Requirements of This Proposed AD
These products have been approved by the aviation authority of
another country, and are approved for operation in the United States.
Pursuant to the bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the EASA
AD referenced above. The FAA is proposing this AD after evaluating all
the relevant information and determining the unsafe condition described
previously is likely to exist or develop in other products of the same
type designs.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0305, 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 EASA AD 2019-0305."
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0305
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2019-0305 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 the EASA AD 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 the EASA AD. Service information specified
in EASA AD 2019-0305 that is required for compliance with EASA AD 2019-
0305 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0254 after the FAA
final rule is published.
Differences Between This Proposed AD and EASA AD 2019-0305
Where the EASA AD refers to flight hours, this proposed AD would
use hours time-in-service (TIS) instead. Where the EASA AD allows a
tolerance to the compliance time of certain initial and repetitive
inspections, this proposed AD would require a compliance time of within
440 hours TIS after modification of an affected part for a certain
initial inspection and thereafter at intervals within 440 hours TIS for
certain repetitive inspections instead. Where the EASA AD requires
repetitive inspections in accordance with paragraph 3.B.8. of ASB MBB-
BK117 D-2-88A-003, this proposed AD would require repetitive
inspections in accordance with paragraph 3.B.9. of ASB MBB-BK117 D-2-
88A-003.
Costs of Compliance
The FAA estimates that this AD affects 60 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates that operators may incur the following
costs in order to comply with this proposed AD.
Inspecting the wiring harness would take about 6 work-hours for an
estimated cost of $510 per helicopter and $30,600 for the U.S. fleet,
per inspection cycle.
Modification during the inspection of the wiring harness would take
about 6 work-hours for an estimated cost of $510 per helicopter.
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
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) 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 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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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