Rule2022-01540
Airworthiness Directives; Airbus Helicopters Deutschland GmbH (AHD) Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 26, 2022
Effective
February 10, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 C-2, MBB-BK 117 D-2, and MBB-BK 117 D-3 helicopters. This AD was prompted by reports of engine flame out following prolonged operations in falling snow on helicopters with an inlet barrier filter (IBF) system installed. This AD requires revising the existing Rotorcraft Flight Manual (RFM) for your helicopter, 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.
Full Text
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<title>Federal Register, Volume 87 Issue 17 (Wednesday, January 26, 2022)</title>
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[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Rules and Regulations]
[Pages 3923-3926]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01540]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0009; Project Identifier MCAI-2021-01459-R;
Amendment 39-21914; AD 2022-02-17]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters Deutschland GmbH
(AHD) Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 C-2, MBB-BK
117 D-2, and MBB-BK 117 D-3 helicopters. This AD was prompted by
reports of engine flame out following prolonged operations in falling
snow on helicopters with an inlet barrier filter (IBF) system
installed. This AD requires revising the existing Rotorcraft Flight
Manual (RFM) for your helicopter, 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 becomes effective February 10, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 10,
2022.
The FAA must receive comments on this AD by March 14, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For EASA material incorporated by reference (IBR) in this final
rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#befffacdfedbdfcddf90dbcbccd1cedf90dbcb"><span class="__cf_email__" data-cfemail="07464374476266746629627275687766296272">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. For Airbus Helicopters service
information identified in this final rule, contact Airbus Helicopters,
2701 North Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-
0000 or (800) 232-0323; fax (972) 641-3775; or at <a href="https://www.airbus.com/helicopters/services/technical-support.html">https://www.airbus.com/helicopters/services/technical-support.html</a>. 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. Service information that is IBRed is also
available in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for and locating Docket No. FAA-2022-0009.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0009; 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
EASA AD, 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: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email <a href="/cdn-cgi/l/email-protection#1b737a7735717e75687e755b7d7a7a357c746d"><span class="__cf_email__" data-cfemail="c4aca5a8eaaea1aab7a1aa84a2a5a5eaa3abb2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2021-0289-E, dated
December 23, 2021 (EASA AD 2021-0289-E), to correct an unsafe condition
for all Airbus Helicopters Deutschland GmbH (AHD), formerly Eurocopter
Deutschland GmbH; and Airbus Helicopters Inc., formerly American
Eurocopter LLC, Model MBB-BK117 C-2, D-2, D-3, and D-3m helicopters,
all variants, all serial numbers.
This AD was prompted by reports of engine flame out following
prolonged operations in falling snow with the IBF system installed. The
FAA is issuing this AD to prevent partial icing of an IBF engine intake
and engine flame out. The unsafe condition, if not addressed, could
result in engine failure and reduced control of the helicopter,
possibly resulting in damage to the
[[Page 3924]]
helicopter or injury to occupants. See EASA AD 2021-0289-E for
additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0289-E requires amending the RFM by incorporating the
applicable RFM temporary revision (TR), to amend the IBF system
limitations and emergency procedures sections, to include a restriction
to operation in falling or blowing snow.
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.
Other Related Service Information
The FAA reviewed Airbus Helicopters Service Bulletin SB MBB-BK117
C-2-71-005, Revision 5, dated May 31, 2017; and Airbus Helicopters
Service Bulletin SB MBB[hyphen]BK117 D[hyphen]2-71-001, Revision 1,
dated August 2, 2017. This service information specifies procedures for
installing an IBF system.
FAA's Determination
These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA of the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all pertinent information and determining that the unsafe
condition exists and is likely to exist or develop on other helicopters
of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2021-0289-E, described previously, as IBRed, except for any differences
identified as exceptions in the regulatory text of this AD and except
as discussed under ``Differences Between this AD and the EASA AD.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0289-E will be IBRed in this FAA final rule. This AD
would, therefore, require compliance with EASA AD 2021-0289-E in its
entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Using
common terms that are the same as the heading of a particular section
in EASA AD 2021-0289-E 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 EASA AD 2021-0289-E. Service information
referenced in EASA AD 2021-0289-E for compliance will be available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2022-0009.
Differences Between This AD and the EASA AD
EASA AD 2021-0289-E applies to Model MBB-BK117 D-3m helicopters,
whereas this AD does not because that model is not FAA type-
certificated. EASA AD 2021-0289-E defines ``Retrofit SB'' as, ``AH
Service Bulletin (SB) MBB-BK117 C-2-71-005, SB MBB-BK117 D-2-71-001 and
SB MBB-BK117 D-3-71-001, as applicable, installing the IBF system,''
whereas this AD redefines ``Retrofit SB'' because SB MBB-BK117 D-3-71-
001 has not been issued.
EASA AD 2021-0289-E requires operators to ``inform all flight
crews'' of revisions to the RFM, and thereafter to ``operate the
helicopter accordingly.'' However, this AD does not specifically
require those actions.
14 CFR 91.9 requires that no person may operate a civil aircraft
without complying with the operating limitations specified in the RFM.
Therefore, including a requirement in this AD to operate the helicopter
according to the revised RFM would be redundant and unnecessary.
Additionally, FAA regulations mandate compliance with only the
operating limitations section of the flight manual. Some of the flight
manual changes required by this AD apply to the emergency procedures
section of the existing RFM for your helicopter. Compliance with such
requirements in an AD is impracticable to demonstrate or track on an
ongoing basis; therefore, requirements to operate the aircraft in such
a manner are unenforceable. Nonetheless, the FAA recommends that flight
crews of the helicopters listed in the applicability be made aware of
the flight manual changes and that they operate in accordance with the
revised emergency procedures.
In this AD, the existing RFM for your helicopter may be revised and
the logbook entry for that action may be made by the owner/operator
(pilot) holding at least a private pilot certificate, whereas the EASA
AD does not mention this allowance. This action must be entered into
the aircraft records showing compliance with this AD in accordance with
14 CFR 43.9(a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record
must be maintained as required by 14 CFR 91.417 or 135.439.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because the affected component is part of the propulsion system that is
critical to the power of the helicopter. Partial icing of the affected
component could result in engine flame out, engine failure, reduced
control of the helicopter, and subsequent damage to the helicopter or
injury to occupants. In light of this, required actions must be
accomplished within 14 days or 40 hours time-in-service, whichever
occurs first after the effective date of this AD. This compliance time
is shorter than the time necessary for the public to comment and for
publication of the final rule. Accordingly, notice and opportunity for
prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.
[[Page 3925]]
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0009; Project Identifier MCAI-
2021-01459-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Hal
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone (202) 267-9167; email <a href="/cdn-cgi/l/email-protection#d5bdb4b9fbbfb0bba6b0bb95b3b4b4fbb2baa3"><span class="__cf_email__" data-cfemail="5d353c31733738332e38331d3b3c3c733a322b">[email protected]</span></a>. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 213 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
Revising the existing RFM for your helicopter takes about 1 work-
hour for an estimated cost of about $85 per helicopter and up to about
$18,105 for the U.S. fleet.
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, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
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
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:
2022-02-17 Airbus Helicopters Deutschland GmbH (AHD): Amendment 39-
21914; Docket No. FAA-2022-0009; Project Identifier MCAI-2021-01459-
R.
(a) Effective Date
This airworthiness directive (AD) is effective February 10,
2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Deutschland GmbH (AHD)
Model MBB-BK 117 C-2, MBB-BK 117 D-2, and MBB-BK 117 D-3
helicopters, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code: 7160, Engine Air
Intake System.
(e) Unsafe Condition
This AD was prompted by reports of engine flame out following
prolonged operations in falling snow with the inlet barrier filter
(IBF) system installed. The FAA is issuing this AD to prevent
partial icing of an IBF engine intake and engine flame out. The
unsafe condition, if not addressed, could result in engine failure
and reduced control of the helicopter, possibly resulting in damage
to the helicopter or injury to occupants.
(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, European Union Aviation Safety Agency
(EASA) Emergency AD 2021-0289-E, dated December 23, 2021 (EASA AD
2021-0289-E).
(h) Exceptions to EASA AD 2021-0289-E
(1) Where EASA AD 2021-0289-E defines Retrofit SB, replace the
text ``AH Service Bulletin (SB) MBB-BK117 C-2-71-005, SB MBB-BK117
D-2-71-001 and SB MBB-BK117 D-3-71-001, as applicable, installing
the IBF system,'' with ``AH Service Bulletin (SB) MBB-BK117 C-2-71-
005 and SB MBB-BK117 D-2-71-001, as applicable, installing the IBF
system; and for Model MBB-BK 117 D-3 helicopters, in accordance with
a method approved by the Manager, General Aviation & Rotorcraft
Section, International Validation Branch, FAA; or EASA; or Airbus
Helicopters' EASA Design Organization
[[Page 3926]]
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.''
(2) Where EASA AD 2021-0289-E requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(3) Where EASA AD 2021-0289-E refers to its effective date, this
AD requires using the effective date of this AD.
(4) Where paragraph (1) of EASA AD 2021-0289-E specifies to
``inform all flight crews, and, thereafter, operate the helicopter
accordingly,'' this AD does not require those actions.
(5) The action required by paragraphs (1) and (2) of EASA AD
2021-0289-E may be performed by the owner/operator (pilot) holding
at least a private pilot certificate and must be entered into the
aircraft records showing compliance with this AD in accordance with
14 CFR 43.9(a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record
must be maintained as required by 14 CFR 91.417 or 135.439.
(6) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0289-E.
(i) Special Flight Permit
Special flight permits may be permitted provided that there are
no passengers on board.
(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: <a href="/cdn-cgi/l/email-protection#3e07137f686d137f776c13090d0e137f73717d7e585f5f10595148"><span class="__cf_email__" data-cfemail="ccf5e18d9a9fe18d859ee1fbfffce18d81838f8caaadade2aba3ba">[email protected]</span></a>.
(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, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone (202) 267-9167; email <a href="/cdn-cgi/l/email-protection#1a727b7634707f74697f745a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="a9c1c8c587c3ccc7daccc7e9cfc8c887cec6df">[email protected]</span></a>.
(l) 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 this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) Emergency AD
2021-0289-E, dated December 23, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0289-E, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#39787d4a795c584a58175c4c4b564958175c4c"><span class="__cf_email__" data-cfemail="85c4c1f6c5e0e4f6e4abe0f0f7eaf5e4abe0f0">[email protected]</span></a>; internet www.easa.europa.eu. You may find the
EASA material on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
(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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for and locating Docket No. FAA-2022-0009.
(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
<a href="/cdn-cgi/l/email-protection#284e5a0641465b584d4b5c4147466846495a49064f475e"><span class="__cf_email__" data-cfemail="f99f8bd790978a899c9a8d909697b997988b98d79e968f">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on January 13, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-01540 Filed 1-24-22; 11:15 am]
BILLING CODE 4910-13-P
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