Airworthiness Directives; Airbus Helicopters Deutschland GmbH (AHD) Helicopters, 8439-8441 [2022-03108]
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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0100; Project
Identifier MCAI–2021–01128–R]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters Deutschland GmbH (AHD)
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus Helicopters Deutschland GmbH
(AHD) Model MBB–BK 117 C–2
helicopters. This proposed AD was
prompted by a report of restricted
collective lever movement caused by
entanglement of the emergency
flashlight strap with the cargo hook
emergency release lever, causing the
emergency flashlight to leave its seat.
This proposed AD would require
replacing each affected emergency
flashlight with a serviceable part, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
proposed for incorporation by reference.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by April 1, 2022.
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 EASA material that is proposed
for IBR in this AD, contact 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 the EASA material on the EASA
website at https://ad.easa.europa.eu.
For Airbus Helicopters service
information identified in this NPRM,
contact Airbus Helicopters, 2701 North
lotter on DSK11XQN23PROD with PROPOSALS1
DATES:
VerDate Sep<11>2014
18:30 Feb 14, 2022
Jkt 256001
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 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. The EASA
material is also available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2022–
0100.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2022–0100; 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
NPRM, the EASA AD, any comments
received, and other information. The
street address for Docket Operations is
listed above.
FOR FURTHER INFORMATION CONTACT:
Andrea Jimenez, Aerospace Engineer,
COS Program Management Section,
Operational Safety Branch, Compliance
& Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228–7330; email
andrea.jimenez@faa.gov.
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 ADDRESSES. Include ‘‘Docket No.
FAA–2022–0100; Project Identifier
MCAI–2021–01128–R’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, 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 proposal
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 https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
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8439
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 NPRM
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 NPRM, 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
NPRM. Submissions containing CBI
should be sent to Andrea Jimenez,
Aerospace Engineer, COS Program
Management Section, Operational
Safety Branch, Compliance &
Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228–7330; email
andrea.jimenez@faa.gov. Any
commentary that the FAA receives that
is not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0231,
dated October 15, 2021 (EASA AD
2021–0231), to correct an unsafe
condition for all serial-numbered Airbus
Helicopters Deutschland GmbH (AHD)
Model MBB–BK 117 C–2 helicopters.
This proposed AD was prompted by
a report of restricted collective lever
movement caused by entanglement of
the emergency flashlight strap with the
cargo hook emergency release lever,
causing the emergency flashlight to
leave its seat. The FAA is proposing this
AD to address entanglement of the
emergency flashlight strap with the
cargo hook emergency release lever. The
unsafe condition, if not addressed,
could result reduced control of the
helicopter, resulting in damage to the
helicopter and injury to occupants. See
EASA AD 2021–0231 for additional
background information.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0231 requires
replacing each affected emergency
flashlight with a serviceable part. EASA
AD 2021–0231 also specifies that an
affected part can be modified and reidentified into a serviceable part. EASA
AD 2021–0231 also prohibits the
installation of an affected part.
This material is reasonably available
because the interested parties have
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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
Other Related Service Information
The FAA also reviewed Airbus
Helicopters Alert Service Bulletin ASB
MBB–BK117 C-2–25A-021, Revision 0,
dated August 25, 2021. This service
information specifies procedures for
removing the strap from the emergency
flashlight and then writing a new part
number on the emergency flashlight.
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 about the unsafe condition
described in its AD. The FAA is
proposing this AD after evaluating all
known relevant information and
determining that the unsafe condition
described previously is likely to exist or
develop on other helicopters of the same
type design.
lotter on DSK11XQN23PROD with PROPOSALS1
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2021–0231, described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this proposed AD and
except as discussed under ‘‘Differences
Between this Proposed 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, the FAA proposes to
incorporate EASA AD 2021–0231 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2021–0231
in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
EASA AD 2021–0231 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,’’
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18:30 Feb 14, 2022
Jkt 256001
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in EASA AD 2021–0231.
Service information referenced in EASA
AD 2021–0231 for compliance will be
available at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2022–0100 after the FAA final
rule is published.
Differences Between This Proposed AD
and the EASA AD
EASA AD 2021–0231 requires
compliance within 12 months after the
effective date of the EASA AD, whereas
this proposed AD would require
compliance within 3 months after the
effective date of this AD.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 117
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 proposed AD.
Replacing an emergency flashlight
would take about 1 work-hour and parts
would cost about $219 for an estimated
cost of $304 per flashlight and up to
$35,568 for the U.S. fleet. Alternatively,
modifying an emergency flashlight
would take about 1 work-hour for an
estimated cost of $85 per flashlight.
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
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
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Fmt 4702
Sfmt 4702
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) Would not affect intrastate
aviation in Alaska, and
(3) Would 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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Airbus Helicopters Deutschland GmbH
(AHD): Docket No. FAA–2022–0100;
Project Identifier MCAI–2021–01128–R.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by April 1,
2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters
Deutschland GmbH (AHD) Model MBB–BK
117 C–2 helicopters, certificated in any
category.
(d) Subject
Joint Aircraft Service Component (JASC)
Code: 2510, Flight Compartment Equipment.
(e) Unsafe Condition
This AD was prompted by a report of
restricted collective lever movement.
Subsequent inspection determined that the
emergency flashlight was stuck under that
lever caused by entanglement of the
emergency flashlight strap with the cargo
hook emergency release lever, causing the
emergency flashlight to leave its seat. The
FAA is issuing this AD to address
entanglement of the emergency flashlight
strap with the cargo hook emergency release
lever. The unsafe condition, if not addressed,
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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules
could result in reduced control of the
helicopter, possibly resulting in damage to
the helicopter and injury to occupants.
Ave., Suite 410, Westbury, NY 11590;
telephone (516) 228–7330; email
andrea.jimenez@faa.gov.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
Issued on February 7, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2021–0231, dated
October 15, 2021 (EASA AD 2021–0231).
[FR Doc. 2022–03108 Filed 2–14–22; 8:45 am]
(h) Exceptions to EASA AD 2021–0231
(1) Where EASA AD 2021–0231 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not mandate compliance
with the ‘‘Remarks’’ section of EASA AD
2021–0231.
(3) Where paragraph (1) of EASA AD 2021–
0231 requires replacing each affected part
with a serviceable part within 12 months,
this AD requires compliance within 3 months
after the effective date of this AD.
16 CFR Parts 1112 and 1260
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2021–0231 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
lotter on DSK11XQN23PROD with PROPOSALS1
(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)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(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
(1) For EASA AD 2021–0231, contact
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 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.
This material may be found in the AD docket
at https://www.regulations.gov by searching
for and locating Docket No. FAA–2022–0100.
(2) For more information about this AD,
contact Andrea Jimenez, Aerospace Engineer,
COS Program Management Section,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart
VerDate Sep<11>2014
18:30 Feb 14, 2022
Jkt 256001
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2013–0028]
Safety Standard for Operating Cords
on Custom Window Coverings; Notice
of Opportunity for Oral Presentation of
Comments
8441
presentations and other attendees will
be made available on the CPSC public
calendar.
FOR FURTHER INFORMATION CONTACT: For
information about the subject matter of
this hearing, contact Rana Balci-Sinha,
Director, Division of Human Factors,
Directorate for Engineering Sciences,
Office of Hazard Identification and
Reduction, Consumer Product Safety
Commission, National Product Testing
and Evaluation Center, 5 Research
Place, Rockville, MD 20850; telephone:
301–987–2584; rbalcisinha@cpsc.gov.
For information about the procedure to
make an oral presentation, contact
Alberta E. Mills, Division of the
Secretariat, Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814; cpsc-os@cpsc.gov.
SUPPLEMENTARY INFORMATION:
AGENCY:
I. Background
The Consumer Product Safety
Commission (Commission or CPSC) will
be providing an opportunity for
interested parties to present oral
comments on the notice of proposed
rulemaking (NPR) the Commission
issued regarding a safety standard for
operating cords on custom window
coverings. Any oral comments will be
part of the rulemaking record.
DATES: The hearing will begin at 10 a.m.
Eastern Standard Time (EST) on March
16, 2022, via webinar. All attendees
should pre-register for the webinar
online at: https://attendee.
gotowebinar.com/register/2824746947
802696460. Any individual interested in
making an oral presentation must
register for the webinar and submit a
request to make an oral presentation to
the Division of the Secretariat, along
with the written text of the oral
presentation, and such requests must be
received no later than 5 p.m. EST on
March 2, 2022. All other individuals
who wish to attend the hearing should
register before the start of the hearing.
ADDRESSES: The hearing will be held via
webinar. Attendance is free of charge.
Submit requests to make oral
presentations and the written text of
oral presentations to the Division of the
Secretariat, with the caption, ‘‘Custom
Window Coverings NPR; Oral
Presentation,’’ by email to cpsc-os@
cpsc.gov, or by mail to the Division of
the Secretariat, Consumer Product
Safety Commission, 4330 East-West
Highway, Bethesda, MD 20814. Detailed
instructions for those making oral
On January 7, 2022, the Commission
published a notice of proposed
rulemaking (NPR) in the Federal
Register, proposing to issue a Safety
Standard for Operating Cords on
Custom Window Coverings under the
Consumer Product Safety Act (CPSA; 15
U.S.C. 2051–2089), and seeking written
comments. 87 FR 1014. The NPR seeks
to address an unreasonable risk of
strangulation to children 8 years old and
younger associated with custom
window coverings that have accessible
operating cords that are longer than 8
inches. The NPR would require that
operating cords on custom window
coverings meet the same requirements
as operating cords on stock window
coverings, as set forth in the applicable
voluntary standard, ANSI/WCMA
A100.1—2018, American National
Standard for Safety of Corded Window
Covering Products. Thus, the proposed
rule proposes that operating cords on
custom window coverings must be
cordless, inaccessible, or 8 inches or
shorter in length in any use position. If
finalized, operating cords on custom
window coverings would require testing
and certification to the rule under
section 14 of the CPSA. Moreover,
operating cords on custom window
coverings that meet the definition of a
‘‘children’s product’’ would require
third party testing by a CPSC-accredited
third party conformity assessment body.
Accordingly, the proposed rule also
proposes to amend the Commission’s
regulation at 16 CFR part 1112 to add
‘‘Safety Standard for Operating Cords on
Custom Window Coverings’’ to the list
of rules that require third party testing.
The NPR is available at: https://
www.federalregister.gov/d/2021-27896,
and CPSC staff’s briefing package for the
Consumer Product Safety
Commission.
ACTION: Notice of proposed rulemaking;
notice of opportunity for oral
presentation of comments.
SUMMARY:
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Agencies
[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Proposed Rules]
[Pages 8439-8441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03108]
[[Page 8439]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0100; Project Identifier MCAI-2021-01128-R]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters Deutschland GmbH
(AHD) Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 C-2
helicopters. This proposed AD was prompted by a report of restricted
collective lever movement caused by entanglement of the emergency
flashlight strap with the cargo hook emergency release lever, causing
the emergency flashlight to leave its seat. This proposed AD would
require replacing each affected emergency flashlight with a serviceable
part, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is proposed for incorporation by reference. 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 April 1,
2022.
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 EASA material that is proposed for IBR in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find the EASA material on the EASA website at https://ad.easa.europa.eu. For Airbus Helicopters service information
identified in this NPRM, 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 https://www.airbus.com/helicopters/services/technical-support.html. 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. The EASA material is
also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0100.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0100; 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 NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228-7330; 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 ADDRESSES. Include ``Docket No. FAA-2022-0100; Project Identifier
MCAI-2021-01128-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.
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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Andrea Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected]. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0231, dated October 15, 2021
(EASA AD 2021-0231), to correct an unsafe condition for all serial-
numbered Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 C-2
helicopters.
This proposed AD was prompted by a report of restricted collective
lever movement caused by entanglement of the emergency flashlight strap
with the cargo hook emergency release lever, causing the emergency
flashlight to leave its seat. The FAA is proposing this AD to address
entanglement of the emergency flashlight strap with the cargo hook
emergency release lever. The unsafe condition, if not addressed, could
result reduced control of the helicopter, resulting in damage to the
helicopter and injury to occupants. See EASA AD 2021-0231 for
additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0231 requires replacing each affected emergency
flashlight with a serviceable part. EASA AD 2021-0231 also specifies
that an affected part can be modified and re-identified into a
serviceable part. EASA AD 2021-0231 also prohibits the installation of
an affected part.
This material is reasonably available because the interested
parties have
[[Page 8440]]
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
Other Related Service Information
The FAA also reviewed Airbus Helicopters Alert Service Bulletin ASB
MBB-BK117 C[hyphen]2-25A[hyphen]021, Revision 0, dated August 25, 2021.
This service information specifies procedures for removing the strap
from the emergency flashlight and then writing a new part number on the
emergency flashlight.
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 about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0231, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed 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, the
FAA proposes to incorporate EASA AD 2021-0231 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0231 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0231 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-
0231. Service information referenced in EASA AD 2021-0231 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0100 after the FAA final
rule is published.
Differences Between This Proposed AD and the EASA AD
EASA AD 2021-0231 requires compliance within 12 months after the
effective date of the EASA AD, whereas this proposed AD would require
compliance within 3 months after the effective date of this AD.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 117 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 proposed AD.
Replacing an emergency flashlight would take about 1 work-hour and
parts would cost about $219 for an estimated cost of $304 per
flashlight and up to $35,568 for the U.S. fleet. Alternatively,
modifying an emergency flashlight would take about 1 work-hour for an
estimated cost of $85 per flashlight.
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
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) Would not affect intrastate aviation in Alaska, and
(3) Would 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:
Airbus Helicopters Deutschland GmbH (AHD): Docket No. FAA-2022-0100;
Project Identifier MCAI-2021-01128-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 1, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Deutschland GmbH (AHD)
Model MBB-BK 117 C-2 helicopters, certificated in any category.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 2510, Flight
Compartment Equipment.
(e) Unsafe Condition
This AD was prompted by a report of restricted collective lever
movement. Subsequent inspection determined that the emergency
flashlight was stuck under that lever caused by entanglement of the
emergency flashlight strap with the cargo hook emergency release
lever, causing the emergency flashlight to leave its seat. The FAA
is issuing this AD to address entanglement of the emergency
flashlight strap with the cargo hook emergency release lever. The
unsafe condition, if not addressed,
[[Page 8441]]
could result in reduced control of the helicopter, possibly
resulting in damage to the helicopter and injury to occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0231, dated October 15, 2021 (EASA AD 2021-0231).
(h) Exceptions to EASA AD 2021-0231
(1) Where EASA AD 2021-0231 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0231.
(3) Where paragraph (1) of EASA AD 2021-0231 requires replacing
each affected part with a serviceable part within 12 months, this AD
requires compliance within 3 months after the effective date of this
AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0231
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(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)(2) of
this AD. Information may be emailed to: [email protected].
(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
(1) For EASA AD 2021-0231, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.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. This material may be found in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0100.
(2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].
Issued on February 7, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03108 Filed 2-14-22; 8:45 am]
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