AD 2019-11-04

[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Rules and Regulations]
[Pages 26556-26558]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-11993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0696; Product Identifier 2017-SW-101-AD; Amendment 
39-19650; AD 2019-11-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK 
117 D-2 helicopters. This AD requires replacing the rescue hoist cable 
cut pushbutton flip guard (flip guard). This AD was prompted by reports 
of unintended lifting of several flip guards.

[[Page 26557]]

We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective July 12, 2019.

ADDRESSES: For service information identified in this final rule, 
contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 
75052; phone: (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>. 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.

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-2018-
0696; 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, the European Aviation Safety Agency (EASA) AD, the 
regulatory evaluation, 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: Clark Davenport, Flight Test Engineer, 
Flight Test Branch, Compliance and Airworthiness Division, FAA, 10101 
Hillwood Parkway, Fort Worth, TX 76177; phone: 817-222-5151; email: 
<a href="/cdn-cgi/l/email-protection#dbb8b7baa9b0f5bfbaadbeb5abb4a9af9bbdbabaf5bcb4ad"><span class="__cf_email__" data-cfemail="c3a0afa2b1a8eda7a2b5a6adb3acb1b783a5a2a2eda4acb5">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Airbus Helicopters 
Model MBB BK 117 D 2 helicopters. The NPRM published in the Federal 
Register on August 27, 2018 (83 FR 43559). The NPRM was prompted by 
reports of unintended lifting of several flip guards. The NPRM proposed 
to require replacing the flip guard with flip guard part number (P/N) 
79553511 on the collective lever switch unit.
    We are issuing this AD to address unintended lifting of a flip 
guard. This condition could result in inadvertent cutting of the rescue 
hoist cable and subsequent personal injury.
    EASA, which is the Technical Agent for the Member States of the 
European Union, issued EASA AD No. 2017-0038, dated February 22, 2017 
(EASA AD No. 2017-0038), to correct an unsafe condition for certain 
Airbus Helicopters Models MBB-BK 117 D-2 and MBB-BK 117 D-2m 
helicopters. EASA advises that multiple events were reported of 
unintended lifting of the flip guard and that the flip guard has two 
stable positions, open and closed. EASA AD No. 2017-0038 states that if 
the unintended lifting is not detected, the requirement for dual action 
when activating the rescue hoist cable cut is not guaranteed. According 
to EASA, this condition, if not corrected, could result in inadvertent 
cutting of the rescue hoist cable and subsequent personal injury.
    EASA further advises that Airbus Helicopters has developed an 
improved mono-stable (closed) flip guard, and EASA AD No. 2017-0038 
requires installing the new flip guard and re-identifying the 
collective lever switch unit.

Comments

    We gave the public the opportunity to participate in developing 
this final rule, but we did not receive any comments on the NPRM.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to our bilateral agreement 
with the European Union, EASA 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 and that air safety and the public interest require 
adopting the AD requirements as proposed.

Differences Between This AD and the EASA AD

    The EASA AD applies to Airbus Helicopters Model MBB-BK 117 D-2m 
helicopters, whereas this AD does not since these models are not type 
certificated in the U.S. Also, the EASA AD requires compliance within 
440 hours time in service (TIS), however, this AD requires compliance 
before the next hoist operation or within 440 hours TIS, whichever 
occurs first. Finally, the EASA AD requires identifying the collective 
lever switch unit with the service information number; this AD does 
not.

Related Service Information

    Airbus Helicopters has issued Alert Service Bulletin No. MBB-BK117 
D-2-67A-002, Revision 0, dated January 23, 2017. This service 
information contains procedures for replacing flip guard P/N 79552176 
with improved flip guard P/N 79553511 and for identifying the 
collective lever switch unit with the alert service bulletin number.

Costs of Compliance

    We estimate that this AD affects 21 helicopters of U.S. Registry. 
At an average labor rate of $85 per hour, we estimate that operators 
may incur the following costs in order to comply with this AD.
    Replacing the flip guard requires about 14 hours, and required 
parts cost $735, for a cost per helicopter of $1,925 and a cost of 
$40,425 to the U.S. fleet.
    According to Airbus Helicopter's service information, some of the 
costs of this AD may be covered under warranty, thereby reducing the 
cost impact on affected individuals. We do not control warranty 
coverage by Airbus Helicopters. Accordingly, we have included all costs 
in our 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.
    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 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) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),

[[Page 26558]]

    (3) Will not affect intrastate aviation in Alaska, 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.

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):

2019-11-04 Airbus Helicopters Deutschland GmbH: Amendment 39-19650; 
Docket No. FAA-2018-0696; Product Identifier 2017-SW-101-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model 
MBB-BK 117 D-2 helicopters, certificated in any category, with a 
cable cut flip guard (flip guard) part number (P/N) 79552176 
installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as unintended lifting of a 
flip guard. This condition could result in inadvertent cutting of 
the rescue hoist cable and subsequent personal injury.

(c) Effective Date

    This AD is effective July 12, 2019.

(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

    Before the next hoist operation or within 440 hours time in 
service, whichever occurs first, remove flip guard P/N 79552176 from 
service and install flip guard P/N 79553511 on the collective lever 
switch unit.

(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: 
Clark Davenport, Flight Test Engineer, Flight Test Branch, 
Compliance and Airworthiness Division, FAA, 10101 Hillwood Parkway, 
Fort Worth, TX 76177; telephone 817-222-5151; email <a href="/cdn-cgi/l/email-protection#d9e0f4988a8ef49f8d8ef49894969af48bbca8acbcaaadaa99bfb8b8f7beb6af"><span class="__cf_email__" data-cfemail="bb8296fae8ec96fdefec96faf6f4f896e9decacedec8cfc8fbdddada95dcd4cd">[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

    (1) Airbus Helicopters Alert Service Bulletin No. MBB-BK117 D-2-
67A-002, Revision 0, dated January 23, 2017, which is not 
incorporated by reference, contains additional information about the 
subject of this AD. For service information identified in this AD, 
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 
75052; phone: (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>. 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.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2017-0038, dated February 22, 2017. You 
may view the EASA AD on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 
in Docket No. FAA-2018-0696.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6700 Rotorcraft 
Flight Control.

    Issued in Fort Worth, Texas, on May 31, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2019-11993 Filed 6-6-19; 8:45 am]
 BILLING CODE 4910-13-P