[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Proposed Rules]
[Pages 23489-23492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08976]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0342; Product Identifier 2019-SW-078-AD]
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 a report of an erroneous
low rotor revolutions per minute (RPM) indication after establishing a
one engine inoperative (OEI) condition. This proposed AD would require
a software (SW) modification for the aircraft management computer
(AMC). 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 June 12,
2020.
[[Page 23490]]
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 service information identified in this NPRM, 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 https://www.airbus.com/helicopters/services/technical-support.html. 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.
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-
0342; 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 AD, the European Union Aviation Safety Agency (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: George Schwab, Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110;
email [email protected].
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 the ADDRESSES section. Include ``Docket No. FAA-2020-0342;
Product Identifier 2019-SW-078-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.
Discussion
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2019-0208, dated August 22, 2019
(referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for all
Airbus Helicopters Deutschland GmbH Model MBB-BK 117 D-2 helicopters.
EASA advises that an occurrence was reported of erroneous low RPM
indication after establishing an OEI condition. To address this unsafe
condition, Airbus Helicopters developed upgraded AMC SW, which prevents
further occurrences, and issued service information providing
instructions to update the SW of affected parts.
The FAA is issuing this AD to address erroneous low RPM
indications, which could cause the pilot to make inappropriate control
inputs, resulting in damage to the helicopter or injury to occupants.
You may examine the MCAI in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0342.
Related Service Information Under 1 CFR Part 51
Airbus Helicopters has issued Alert Service Bulletin MBB-BK117 D-2-
42A-005, Revision 3, dated June 6, 2019. This service information
describes procedures for a SW modification for the AMC.
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.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information 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 on
other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between this Proposed AD and the MCAI or Service
Information.''
Differences Between This Proposed AD and the MCAI or Service
Information
EASA AD 2019-0208 provides a 60-day compliance time for
accomplishing the SW modification. This proposed AD would require
completion of the SW modification within 50 hours time-in-service.
Costs of Compliance
The FAA estimates that this proposed AD affects 30 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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1 work-hour x $85 per hour = $85............................. $3,000 $3,085 $92,550
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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
[[Page 23491]]
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
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):
Airbus Helicopters Deutschland GmbH: Docket No. FAA-2020-0342;
Product Identifier 2019-SW-078-AD.
(a) Comments Due Date
The FAA must receive comments by June 12, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus Helicopters Deutschland GmbH Model
MBB-BK 117 D-2 helicopters, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 42, Integrated
Modular Avionics.
(e) Reason
This AD was prompted by a report of an erroneous low rotor
revolutions per minute (RPM) indication after establishing a one
engine inoperative condition. The FAA is issuing this AD to address
erroneous low RPM indications, which could cause the pilot to make
inappropriate control inputs, 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) Definitions
(1) Affected part: An aircraft management computer (AMC) having
a software (SW) version installed that is identified as ``pre-
modification SW'' in Figure 1 to paragraphs (g)(1), (h), and (i) of
this AD, or earlier SW version.
[GRAPHIC] [TIFF OMITTED] TP28AP20.020
(2) Group 1: Helicopters that have an affected part installed.
(3) Group 2: Helicopters that do not have an affected part
installed.
(h) Software Modification
(1) For Group 1: Within 50 hours time-in-service after the
effective date of this AD, update the SW of each affected part to
the corresponding upgraded SW, as listed in Figure 1 to paragraphs
(g)(1), (h), and (i) of this AD, in accordance with the
Accomplishment Instructions, Section 3.B.2, of Airbus Helicopters
Alert Service Bulletin MBB-BK117 D-2-42A-005, Revision 3, dated June
6, 2019.
(2) Replacement on a helicopter of an affected part with an AMC
having the corresponding upgraded SW installed, as listed in Figure
1 to paragraphs (g)(1), (h), and (i) of this AD, or later SW upgrade
is an acceptable alternative method of compliance for the
requirements of paragraph (h)(1) of this AD for that helicopter.
[[Page 23492]]
(i) Parts Installation Prohibition
Do not install on any helicopter an affected part, and do not
upload any SW identified as ``pre-modification SW'' in Figure 1 to
paragraphs (g)(1), (h), and (i) of this AD, or earlier SW version,
on any AMC, as required by paragraph (i)(1) or (2) of this AD, as
applicable.
(1) For Group 1: After modification of that helicopter as
specified in paragraph (h) of this AD.
(2) For Group 2: As of the effective date of this AD.
(j) 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 [email protected].
(2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, 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.
(k) Related Information
(1) The subject of this AD is addressed in European Union
Aviation Safety Agency (EASA) AD No. 2019-0208, dated August 22,
2019. This EASA AD may be found in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0342.
(2) 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
https://www.airbus.com/helicopters/services/technical-support.html.
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.
Issued on April 23, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-08976 Filed 4-27-20; 8:45 am]
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