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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1171; Product Identifier 2017-SW-124-AD; Amendment
39-21548; AD 2021-10-15]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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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 and Model MBB-
BK 117 D-2 helicopters. This AD was prompted by a determination that a
life limit for the adapter forward (FWD) of the outboard load system,
repetitive inspections of other components of that system, and for
certain helicopters, a modification of the outboard load system, are
necessary to address the unsafe condition. This AD requires a
modification of the outboard load system for certain helicopters,
repetitive inspections of the outboard load system and its components
for any defect (including cracking, damage, corrosion, and incorrect
installation) and applicable corrective actions, and implementation of
a new life limit for the FWD adapter, as specified in a European
Aviation Safety Agency (now 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 1, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 1,
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-2020-1171.
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-2020-
1171; 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: Kathleen Arrigotti, Program Manager,
Large Aircraft Section, International Validation Branch, Compliance &
Airworthiness Division, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone and fax 206-231-3218; email
kathleen.arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2017-0177, dated September 14, 2017
(EASA AD 2017-0177) (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-BK 117 C-2
helicopters, except the Model C-2e variant, and all Model MBB-BK 117 D-
2 helicopters.
EASA's Model MBB-BK 117 C-2e variant helicopters are not a unique
model on the U.S. type certificate but are considered a configuration
of the Model MBB-BK117 C-2. The U.S. type certificate data sheet
explains that the FAA determined that the type design changes involved
did not rise to the level that required an FAA amended type
certificate. However, the FAA does recognize that helicopters with
these type design changes exist, therefore the designation Model MBB-
BK117 C-2(e) is used, starting from Serial Number 9601. The Model MBB-
BK117 C-2(e) is a visual flight rules only configuration of the Model
MBB-BK117 C-2 utilizing a Garmin 500H flight display system.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus Helicopters
Deutschland GmbH Model MBB-BK 117 C-2 and Model MBB-BK 117 D-2
helicopters, except the Model MBB-BK117 C-2(e) configuration. The NPRM
published in the Federal Register on March 11, 2021 (86 FR 13830). The
NPRM was prompted by a determination that a life limit for the adapter
FWD of the outboard load system, repetitive inspections of other
components of that system, and for certain helicopters, a modification
of the outboard load system, are necessary to address the unsafe
condition. The NPRM proposed to require a modification of the outboard
load system for certain helicopters, repetitive inspections of the
outboard load system and its components for any defect (including
cracking, damage, corrosion, and incorrect installation) and applicable
corrective actions, and implementation of a new life limit for the FWD
adapter, as specified in an EASA AD.
The FAA is issuing this AD to address detachment of an external
load or person from the helicopter hoist, resulting in personal injury,
or injury to persons on the ground. 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.
Costs of Compliance Update
The NPRM had specified no definitive data was available for the
costs of the modification and certain parts. The FAA has received data
on the costs of the modification and parts and has updated the costs of
compliance accordingly.
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 a change to paragraph (i)(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 2017-0177 describes procedures for modification of the
outboard load system for certain Model MBB-BK 117 C-2 helicopters,
repetitive inspections of the outboard load system and its components
for any defect (including cracking, damage, corrosion, and incorrect
installation) and corrective actions, and implementation of a new life
limit for the FWD adapter (i.e., repetitive replacements). The
corrective actions include replacement of any defective component with
a serviceable part.
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 175 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
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| 4 work-hours x $85 per hour =
$340 |
$2,276
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$2,616
|
$457,800
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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 Action
|
Labor cost
|
Parts cost
|
Cost per
product
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| 2 work-hours x $85 per hour =
$170 |
Up to $970
|
Up to $1,140
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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
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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