AD 2017-24-02

[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Rules and Regulations]
[Pages 56163-56165]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-25189]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0933; Product Identifier 2017-SW-051-AD; Amendment 
39-19106; AD 2017-24-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Airbus 
Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK 117 D-2 
helicopters. This AD requires amending the rotorcraft flight manual to 
establish a minimum airspeed limitation for the autopilot cruise height 
mode. This AD is prompted by two reports of uncommanded helicopter 
climbs and descents. The actions of this AD are intended to address an 
unsafe condition on these products.

DATES: This AD becomes effective December 13, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of December 13, 
2017.
    We must receive comments on this AD by January 29, 2018.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
    <bullet> Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2017-
0933; or in person at the Docket Operations Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket

[[Page 56164]]

contains this AD, the European Aviation Safety Agency AD, any 
incorporated by reference service information, the economic evaluation, 
any comments received, and other information. The street address for 
the Docket Operations Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.
    For service information identified in this final rule, contact 
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; 
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at 
<a href="http://www.helicopters.airbus.com/Web">http://www.helicopters.airbus.com/Web</a> site/en/ref/Technical-
Support_73.html. You may review the referenced service information at 
the FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. It is also available 
on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and 
locating Docket No. FAA-2017-0933.

FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 
email <a href="/cdn-cgi/l/email-protection#deb9bbb1acb9bbf0adbdb6a9bfbc9eb8bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="b8dfddd7cadfdd96cbdbd0cfd9daf8ded9d996dfd7ce">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, we 
invite you to participate in this rulemaking by submitting written 
comments, data, or views. We also invite comments relating to the 
economic, environmental, energy, or federalism impacts that resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit them only one time. We will file in the docket all comments that 
we receive, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
No. 2017-0146, dated August 10, 2017, to correct an unsafe condition 
for Airbus Helicopters Model MBB-BK 117 D-2 helicopters. EASA advises 
that two incidents of uncommanded helicopter climbs and descents have 
been reported following activation of the autopilot cruise height 
(CRHT) mode concurrently with the ground trajectory command in hover 
mode (GTCH). EASA advises this condition, if not detected and 
corrected, could lead to temporary loss of control of the helicopter or 
injury to the helicopter's occupants. To address this unsafe condition, 
EASA requires a minimum airspeed limitation of 40 knots for the 
autopilot CRHT mode. Since the rotorcraft cannot enter GTCH mode at 
speeds above 40 knots, under this limitation, CRHT mode will not be 
engaged concurrently with GTCH mode. EASA considers its AD interim 
action, pending an autopilot software upgrade to prevent further 
occurrences.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Germany and are approved for operation in the United States. Pursuant 
to our bilateral agreement with Germany, EASA, its technical 
representative, has notified us of the unsafe condition described in 
the EASA AD. We are issuing this AD because we evaluated all 
information provided by EASA and determined the unsafe condition exists 
and is likely to exist or develop on other helicopters of these same 
type designs.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters BK117 D-2 Flight Manual Temporary 
Revision No. 1, dated March 28, 2017, for Model BK117 D-2 helicopters, 
and Airbus Helicopters BK117 D-2 (Helionix Step 2) Flight Manual 
Temporary Revision No. 1, dated March 28, 2017, for Model BK117 D-2 
helicopters with Helionix Step 2. These temporary revisions establish a 
minimum airspeed limitation of 40 knots for the autopilot CRHT mode.
    This service information 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.

AD Requirements

    This AD requires, within 10 hours time-in-service, revising the 
Operating Limitations section of the rotorcraft flight manual by adding 
a minimum airspeed limitation for the autopilot of 40 knots when CRHT 
mode is engaged.

Interim Action

    We consider this AD to be an interim action. The design approval 
holder is currently developing a modification that will address the 
unsafe condition identified in this AD. Once this modification is 
developed, approved, and available, we might consider additional 
rulemaking.

Costs of Compliance

    We estimate that this AD affects 16 helicopters of U.S. Registry 
and that labor costs average $85 per work-hour. Based on these 
estimates, we expect that making the required changes to the rotorcraft 
flight manual will require 0.5 work-hour and no parts are needed for a 
cost of $43 per helicopter and $688 for the U.S. fleet.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD requirements would delay implementing the safety actions 
needed to correct this known unsafe condition. Therefore, we find that 
the risk to the flying public justifies waiving notice and comment 
prior to the adoption of this rule because the required corrective 
actions must be accomplished within 10 hours time-in-service.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
prior public comment before issuing this AD are impracticable and 
contrary to the public interest and that good cause exists to make this 
AD effective in less than 30 days.

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.
    We are 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

[[Page 56165]]

products identified in this rulemaking action.

Regulatory Findings

    We determined that 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, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. 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.
    We prepared an economic evaluation of the estimated costs to comply 
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of 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 (AD):

2017-24-02 Airbus Helicopters Deutschland GmbH: Amendment 39-19106; 
Docket No. FAA-2017-0933; Product Identifier 2017-SW-051-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (Airbus 
Helicopters) Model MBB-BK 117 D-2 helicopters, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a helicopter making an 
uncommanded climb or descent. This condition could result in loss of 
helicopter control.

(c) Effective Date

    This AD becomes effective December 13, 2017.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    Within 10 hours time-in-service, revise the Operating 
limitations section of the Rotorcraft Flight Manual by adding the 
information in Figure 1 to paragraph (e) of this AD under Autopilot 
Limitations. Inserting Airbus Helicopters BK117 D-2 Flight Manual 
Temporary Revision No. 1, dated March 28, 2017, or Airbus 
Helicopters BK117 D-2 (Helionix Step 2) Flight Manual Temporary 
Revision No. 1, dated March 28, 2017, into the RFM is acceptable for 
compliance with this AD.

                        Figure 1 to Paragraph (e)
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                 Operating limitations of the autopilot
 
Minimum airspeed with CRHT mode engaged..........................  40 kt
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(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to: 
George Schwab, Aviation Safety Engineer, Safety Management Section, 
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone (817) 222-5110; email <a href="/cdn-cgi/l/email-protection#f6cfdbb7a5a1dbb0a2a1dbb7bbb9b5dba493878393858285b6909797d8919980"><span class="__cf_email__" data-cfemail="30091d7163671d7664671d717d7f731d6255414555434443705651511e575f46">[email&#160;protected]</span></a>.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD 2017-0146, dated August 10, 2017. You may view the 
EASA AD on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching 
for and locating it in Docket No. FAA-2017-0933.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2210, Autopilot 
System.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 the AD specifies otherwise.
    (i) Airbus Helicopters BK117 D-2 Flight Manual Temporary 
Revision No. 1, dated March 28, 2017.
    (ii) Airbus Helicopters BK117 D-2 (Helionix Step 2) Flight 
Manual Temporary Revision No. 1, dated March 28, 2017.
    (3) For service information identified in this AD, contact 
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; 
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or 
at <a href="http://www.helicopters.airbus.com/Website/en/ref/Technical-Support_73.html">http://www.helicopters.airbus.com/Website/en/ref/Technical-Support_73.html</a>.
    (4) You may review a copy of the service information at the FAA, 
Office of the Regional Counsel, Southwest Region, 10101 Hillwood 
Pkwy., Room 6N-321, Fort Worth, TX 76177.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202 741 6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Fort Worth, Texas, on November 9, 2017.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2017-25189 Filed 11-27-17; 8:45 am]
BILLING CODE 4910-13-P