Airworthiness Directives; Airbus Helicopters Deutschland GmbH (AHD) (Type Certificates Previously Held by Messerschmitt-Bolkow-Blohm [MBB], and Eurocopter Deutschland GmbH [ECD]) Helicopters, 54636-54641 [2022-19220]
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Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Proposed Rules
whether, if APHIS cannot calculate a
table value for the animals, caps should
be in place and at what values APHIS
should set those caps.
Mortgages
As noted above, the regulations
generally require owners to indicate
whether the animals for which
indemnification is being requested are
subject to any mortgage. We are not
currently considering substantial
changes from the requirements currently
in the regulations but invite public
comment on challenges associated with
the current requirements and how they
may be addressed.
Joint Ownership/Contract Raisers
The regulations in part 56 provide for
payment of indemnity or compensation
to both poultry owners and contractors
who raise poultry for others. We are
considering whether to expand this to
other commodities as well since more
commodity groups are using contract
raisers. We are seeking information
about how other industries use
contractors and how indemnification
and compensation might work in those
industries.
Salvage Values
There are times that the meat from
indemnified animals can be salvaged
during disease eradication efforts. This
is part of industry’s contribution to the
indemnification process. This section
would describe how the amount APHIS
pays a producer is modified when value
from the animals can be salvaged. This
section is not expected to change
significantly from the current
regulations, but we invite public
comment on challenges associated with
the current regulations and how they
may be addressed.
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Destruction and Disposal
Language in this section would
largely remain the same with some
harmonization between the disease
programs. For the most part, language
would be similar to that which is used
for herd depopulations. APHIS is also
considering harmonizing what material
qualifies for destruction under this
section. For example, if APHIS
determines that material such as feed
from premises affected by a foreign
animal disease needs to be destroyed,
APHIS would, in most cases, indemnify
it. For program diseases, APHIS will
need to make this determination for a
regulated disease on the basis of the
disease itself and the likelihood of
further transmission if the feed or other
material is later used.
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Cleaning and Disinfection of Premises,
Conveyances, and Materials
APHIS is considering harmonizing the
language across all commodities as to
what cleaning costs are covered when
APHIS requires cleaning and
disinfection prior to repopulating a
facility. APHIS currently will cover
cleaning and disinfection costs after
removing animals for foreign animal
diseases, but not for program diseases.
Harmonizing across all diseases will
likely increase APHIS’ costs and
potentially lower the available funds for
indemnifying animals. Again, we are
inviting public comment on challenges
associated with the current
requirements and whether greater
harmonization is needed.
Pre-Exposure Biosecurity Requirements
for Herds/Flocks
Currently, in order for a producer or
owner to receive indemnity for poultry
destroyed because of avian influenza,
the producer must meet pre-exposure
biosecurity requirements. There are
similar requirements for farmed
aquaculture with respect to infectious
salmon anemia. APHIS is considering
expanding this approach to other
commodity groups. APHIS is seeking
input as to whether similar approaches
can be put in place for other animal
commodities and what would constitute
basic biosecurity protocols as minimum
standards. APHIS is also interested in
the issues and impact this would have
on producers for each of the
commodities if these requirements are
included as a condition of
indemnification.
Post-Exposure Biosecurity
Requirements
Environmental Impacts
APHIS seeks public comment on how
the above framework may implicate the
‘‘human environment,’’ as this phrase is
understood within the context of the
National Environmental Policy Act
(NEPA). Comments will help inform
APHIS as to the applicability of NEPA
to modifications to the indemnity
regulations.
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APHIS seeks public comment on
economic cost considerations associated
with the above framework. Particularly,
we are interested in receiving comment
as to whether there are any instances in
which the proposed approach to
calculating indemnity could result in
substantial economic impacts for
producers relative to the current
regulations, as well as instances in
which the consolidation and
harmonization identified above could
result in costs or benefits for affected
parties.
Authority: 7 U.S.C. 8301–8317; 7 CFR
2.22, 2.80, and 371.4.
Done in Washington, DC, this 31st day of
August 2022.
Jennifer Moffitt,
Undersecretary, United States Department of
Agriculture.
[FR Doc. 2022–19260 Filed 9–6–22; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1070; Project
Identifier MCAI–2021–00686–R]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters Deutschland GmbH (AHD)
(Type Certificates Previously Held by
Messerschmitt-Bolkow-Blohm [MBB],
and Eurocopter Deutschland GmbH
[ECD]) Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
Post-exposure biosecurity
requirements are already built into the
various disease programs. In most cases,
these are in effect as an affected herd or
flock plan that the producer must
adhere to as a condition for future
indemnification. APHIS would like to
harmonize the requirements within
animal commodity groups to the extent
possible, and APHIS seeks public
comment on ways by which we might
do this.
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Economic Considerations
The FAA proposes to
supersede airworthiness directive (AD)
77–04–06, which applies to
Messerschmitt-Bolkow-Blohm (MBB)
(now Airbus Helicopters Deutschland
GmbH (AHD)) Model BO–105A and
BO–105 C helicopters; AD 2002–13–06,
which applies to certain Eurocopter
Deutschland GmbH (ECD) (now Airbus
Helicopters Deutschland GmbH (AHD))
Model BO–105A, BO–105C, BO–105 C–
2, BO–105 CB–2, BO–105 CB–4, BO–105
CS–2, BO–105 CBS–2, BO–105S, and
BO–105LS A–1 helicopters; AD 2016–
25–14, which applies to certain Airbus
Helicopters Deutschland GmbH (AHD)
Model BO–105LS A–3 helicopters; and
AD 2021–10–14, which applies to
certain Airbus Helicopters Deutschland
GmbH (AHD) Model BO–105A, BO–
SUMMARY:
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Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Proposed Rules
105C, BO–105S, and BO–105LS A–3
helicopters. AD 77–04–06 requires
reducing the life limit on certain main
rotor gearbox (MGB) supports. AD
2002–13–06 requires determining the
calendar age, number of flights, and
flight hours time-in-service (TIS) on
certain tension-torsion (TT) straps;
revising the Airworthiness Limitations
Schedule (ALS) of the existing
maintenance manual; removing and
replacing each TT strap that has
exceeded its life limit, or if the TT
strap’s total hours TIS or number of
flights and age are not known; and
modifying certain parts. AD 2016–25–14
requires establishing a life limit for
certain TT straps and removing certain
parts that have exceeded the new life
limit. AD 2021–10–14 requires
replacement of certain TT straps with
serviceable parts, and implementation
of a new storage life limit for certain TT
straps. Since the FAA issued those ADs,
new and more restrictive airworthiness
limitations have been issued. This
proposed AD would require
incorporating into existing maintenance
records requirements (airworthiness
limitations) as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is proposed for incorporation
by reference (IBR). This proposed AD
would also prohibit the installation of
certain part-numbered TT straps. 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 October 24,
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
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 NPRM, 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
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Forum Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–
0323; fax (972) 641–3775; or at
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. EASA
material that is IBRed is also available
at www.regulations.gov by searching for
and locating Docket No. FAA–2022–
1070.
Examining the AD Docket
You may examine the AD docket at
www.regulations.gov by searching for
and locating Docket No. FAA–2022–
1070; 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:
Kristi Bradley, COS Program Manager,
COS Program Management Section,
Operational Safety Branch, Compliance
& Airworthiness Division, FAA, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5110; email
kristin.bradley@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–2022–1070; Project Identifier
MCAI–2021–00686–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
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.
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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 Kristi Bradley, COS
Program Manager, COS Program
Management Section, Operational
Safety Branch, Compliance &
Airworthiness Division, FAA, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5110; email
Kristin.bradley@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
The FAA issued AD 77–04–06,
Amendment 39–2835 (42 FR 9670,
February 17, 1977; amended 44 FR
46783, August 9, 1979) (AD 77–04–06)
for Messerschmitt-Bolkow-Blohm (MBB)
Model BO–105A and BO–105C
helicopters. AD 77–04–06 was
prompted by reports of internal
corrosion of the MGB supports, which
could significantly reduce the structural
strength and service life. After AD 77–
04–06 was issued, the FAA determined
based on service experience and
additional test investigations the total
hours TIS for certain part-numbered
MGB supports could be increased.
Accordingly, the FAA amended AD 77–
04–06 by issuing Amendment 39–3528
(44 FR 46783, August 9, 1979), which
increased the life limit for the MGB
supports to 6,800 hours TIS.
The FAA issued AD 2002–13–06,
Amendment 39–12794 (67 FR 43526,
June 28, 2002) (AD 2002–13–06) for
Eurocopter Deutschland GmbH (ECD)
Model BO–105A, BO–105C, BO–105 C–
2, BO–105 CB–2, BO–105 CB–4, BO–
105S, BO–105 CS–2, BO–105 CBS–2,
BO–105 CBS–4, and BO–105LS A–1
helicopters, with main rotor (MR) head
assembly, part number (P/N) 105–
14101, and TT strap P/N 2602559 or
2606576, installed. AD 2002–13–06 was
prompted by an accident in which an
MR blade separated from a Eurocopter
Model MBB–BK 117 helicopter due to
fatigue failure of a TT strap; the same
part-numbered TT strap is used on
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Model BO–105 helicopters. AD 2002–
13–06 was also prompted by the
determination that an additional life
limit for certain part-numbered TT
straps needs to be established. AD
2002–13–06 requires creating a
component log card or equivalent record
and determining the calendar age,
number of flights, and flight hours TIS
on certain part-numbered TT straps;
removing and replacing any TT strap
that has exceeded its life limit, or the
total hours TIS or number of flights and
age are not known; and modifying
certain MR heads before certain partnumbered TT straps are installed. AD
2002–13–06 also requires revising the
ALS of the existing maintenance manual
to reflect these new life limits.
The FAA issued AD 2016–25–14,
Amendment 39–18740 (81 FR 94944,
December 27, 2016) (AD 2016–25–14)
for Airbus Helicopters Deutschland
GmbH Model BO–105LS A–3
helicopters with TT strap P/N 2604067
or P/N 117–14110 installed. AD 2016–
25–14 was prompted by the
determination that life limits have been
introduced for certain part-numbered
TT straps installed on the helicopter
lifting system, and during the revision
of the ALS for the existing Model BO–
105LS A–3 maintenance manual, the
life limit for the TT strap was
inadvertently deleted. AD 2016–25–14
requires inspecting the helicopter
records to determine if there is a life
limit of 25,000 flights, or 10 years since
the date of manufacturer, whichever
occurs first, for the TT straps.
Depending on the inspection results, AD
2016–25–14 requires establishing a life
limit if none exists; revising the ALS of
the existing maintenance manual, and
creating a component history card or
equivalent record to reflect this life
limit; and replacing each TT strap that
has reached or exceeded its life limit.
The FAA issued AD 2021–10–14,
Amendment 39–21547 (86 FR 27268,
May 20, 2021) (AD 2021–10–14) for
Airbus Helicopters Deutschland GmbH
Model BO–105A, BO–105C, BO–105S,
and BO105LS A–3 helicopters equipped
with a certain TT strap. AD 2021–10–14
was prompted by the FAA’s
determination that aging of the
elastomeric material in a TT strap could
affect the structural characteristics of
the TT strap. AD 2021–10–14 requires
replacement of certain TT straps with
serviceable parts and implementation of
a new storage life limit for TT straps.
Actions Since AD 77–04–06, AD 2002–
13–06, AD 2016–25–14, and AD 2021–
10–14 Were Issued
Since the FAA issued AD 77–04–06,
AD 2002–13–06, AD 2016–25–14, and
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AD 2021–10–14, EASA, which is the
Technical Agent for the Member States
of the European Union, issued EASA
AD 2021–0142, dated June 17, 2021
(EASA AD 2021–0142), which
superseded EASA AD 2019–0024, dated
February 4, 2019 (which prompted AD
2021–10–14); EASA AD 2015–0042,
dated March 9, 2015 (which prompted
AD 2016–25–14); EASA AD 2013–0015,
dated January 16, 2013; EASA AD 2010–
0153, dated July 27, 2010; LuftfahrtBundesamt (LBA) Germany AD 2001–
281, dated October 18, 2001 (which
prompted AD 2002–13–06); and LBA
Germany AD 76–136/2, dated October 5,
1978 (which prompted AD 77–04–06).
EASA issued AD 2021–0142 to correct
an unsafe condition for Airbus
Helicopters Deutschland GmbH (AHD),
formerly Eurocopter Deutschland
GmbH, Eurocopter Hubschrauber
Deutschland GmbH, MesserschmittBo¨lkow-Blohm GmbH; Eurocopter
Canada Ltd, formerly MesserschmittBo¨lkow-Blohm Helicopter Canada
Limited, Model BO105 A, BO105 C,
BO105 D, BO105 S, BO105 LS A–1, and
BO105 LS A–3 helicopters, all variants,
all serial numbers, including BO105 LS
A–3 helicopters modified in accordance
with EASA Supplemental Type
Certificate (STC) 10039633, or
previously LBA Germany STC EMZ NR.
0654/3058 (commercially known as
‘‘Superlifter’’). EASA advises the
airworthiness limitations for AHD
Model BO105 helicopters are defined
and published in the AHD BO105
Aircraft Maintenance Manual (AMM)
Chapter 101–15—ALS, Issue 2, Revision
31 (for BO105 A, BO105 C, BO105 D,
BO105 S, and BO105 LS A–1
helicopters); AHD BO105 LS A–3 AMM
Chapter 101–15—ALS, Issue 4, Revision
7 (for BO105 LS A–3 helicopters); and
AHD BO105 LS A–3 AMM Appendix
010, Issue 1, Revision 4 (for BO105 LS
A–3 ‘Superlifter’ helicopters); as
applicable.
EASA advises the instructions
contained in ‘‘the applicable ALS’’ as
defined in EASA AD 2021–0142 have
been identified as mandatory actions for
continued airworthiness, and failure to
comply with those instructions could
result in an unsafe condition.
Accordingly, EASA AD 2021–0142
requires accomplishment of the actions
specified in ‘‘the applicable ALS,’’ as
defined in EASA AD 2021–0142. The
FAA is proposing this AD to address the
failure of certain parts, which could
result in the loss of control of the
helicopter. See EASA AD 2021–0142 for
additional background information.
Additionally, the actions required to
address the unsafe conditions in AD 77–
04–06, AD 2002–13–06, AD 2016–25–
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14, and AD 2021–10–14 are included in
‘‘the applicable ALS,’’ as defined in
EASA AD 2021–0142. Therefore, the
FAA is proposing to supersede AD 77–
04–06, AD 2002–13–06, AD 2016–25–
14, and AD 2021–10–14 in order to
reduce the burden on operators by
requiring compliance with a single FAA
AD in lieu of multiple FAA ADs.
AD 77–04–06 requires replacing MGB
support P/N 105–10161 and 105–10162
with serviceable supports within the
next 10 hours TIS after the effective date
of AD 77–04–06 or prior to the
accumulation of 6,800 hours TIS on the
supports, whichever occurs later, and,
thereafter, continue to replace the
supports prior to the accumulation of
6,800 hours TIS. EASA AD 2021–0142
requires incorporating ‘‘the applicable
ALS,’’ as defined in EASA AD 2021–
0142, which identifies the same life
limit for these MGB supports as that
required by AD 77–04–06. Therefore,
the FAA is proposing to supersede AD
77–04–06 in order to reduce the burden
on operators.
AD 2002–13–06 requires creating a
component log card or equivalent record
and determining the calendar age,
number of flights, and flight hours TIS
on certain part-numbered TT straps;
inspecting and replacing certain TT
straps, as necessary; and modifying
certain main rotor heads if alternate TT
straps are installed. This action also
establishes an additional life limit for
certain part-numbered TT straps. EASA
AD 2021–0142 requires incorporating
the limitations described in ‘‘the
applicable ALS,’’ as defined in EASA
AD 2021–0142, into the approved
aircraft maintenance program and
introduces a new storage life limit of 5
years for certain TT straps.
AD 2016–25–14 requires inspecting
the ALS of the applicable maintenance
manual for your helicopter or the
Instructions for Continued
Airworthiness (ICA) and the component
history card or equivalent record for TT
strap P/N 2604067 and P/N 117–14110
and determining whether those records
specify a life limit of 25,000 flights or
10 years since the date of manufacture,
whichever occurs first. If the ALS, ICA,
component history card, or equivalent
record do not specify a life limit for the
TT straps, or if they specify a life limit
other than 25,000 flights or 10 years
since the date of manufacture,
whichever occurs first, AD 2016–25–14
requires revising the existing ALS or
ICA by establishing a life limit for each
TT strap P/N 2604067 and P/N 117–
14110 of 25,000 flights or 10 years since
the date of manufacture, whichever
occurs first. AD 2016–25–14 also
requires removing from service each TT
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strap that has reached or exceeded its
life limit. EASA AD 2021–0142 requires
incorporating ‘‘the applicable ALS,’’ as
defined in EASA AD 2021–0142, into
the approved aircraft maintenance
program and introduces a new storage
life limit of 5 years for certain TT straps.
AD 2021–10–14 requires replacement
of certain TT straps with serviceable
parts and implementation of a new
storage life limit for TT straps. After AD
2021–10–14 was issued, EASA issued
AD 2021–0142, which requires
incorporating ‘‘the applicable ALS,’’ as
defined in EASA AD 2021–0142, into
the approved aircraft maintenance
program. The FAA determined that the
life limits in AD 2021–10–14 for Bendix
TT strap P/Ns 2604067 and 117–14110
were incorrectly stated as 40,000 flight
cycles for Model BO105LS A–3
helicopters. This proposed AD would
correct the life limit to 25,000 flight
cycles or 10 years, whichever occurs
first, which is the life limit in ‘‘the
applicable ALS,’’ as defined in EASA
AD 2021–0142.
Additionally, the FAA determined
that AD 2021–10–14 incorrectly stated
the life limits for Bendix TT strap P/Ns
2606576 and 2602559 as 40,000 flight
cycles for Model BO105A, BO105C, and
BO105S helicopters. This proposed AD
would correct the life limit to 15,600
flight cycles, 2,400 hours TIS, or 10
years, whichever occurs first, which is
the life limit in ‘‘the applicable ALS,’’
as defined in EASA AD 2021–0142.
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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.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0142 requires
replacing certain components before
exceeding their applicable life limit.
EASA AD 2021–0142 also prohibits
installing Bendix TT-strap P/N 2602559,
P/N 2606576, P/N 2604067, or P/N 117–
14110, and requires revising the
approved aircraft maintenance program
(AMP) by incorporating the limitations
described in ‘‘the applicable ALS’’ as
defined in EASA AD 2021–0142.
This material is reasonably available
because the interested parties have
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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
BO 105 Maintenance Manual (MM),
Revision 31, dated December 15, 2020,
for Model BO–105A, BO–105C, BO–105
D, BO–105S, and BO–105LS A–1
helicopters; Airbus Helicopters BO 105
LS A–3 MM, Revision 7, dated
November 27, 2018, for Model BO–105
LS A–3 helicopters; and Airbus
Helicopters MM BO 105 LS A–3 ‘‘Super
Lifter’’ Appendix 010, Revision 4, dated
March 28, 2019, for BO 105 LS A–3
‘‘Superlifter’’ helicopters.
This service information specifies
certain actions and associated
thresholds and intervals, including life
limits and maintenance tasks. These
requirements (airworthiness limitations)
include new life limits, including cure
dates and storage life limits, for certain
part-numbered TT straps.
Proposed AD Requirements in This
NPRM
This proposed AD would require
incorporating into existing maintenance
records requirements (airworthiness
limitations), which are specified in
EASA AD 2021–0142 described
previously, except as discussed under
‘‘Differences Between this Proposed AD
and EASA AD 2021–0142.’’ This
proposed AD would also prohibit the
installation of Bendix TT-straps having
certain P/Ns.
ADs Mandating Airworthiness
Limitations
The FAA has previously mandated
airworthiness limitations by mandating
each airworthiness limitation task (e.g.,
inspections and replacements (life
limits)) as an AD requirement or issuing
ADs that require revising the ALS of the
existing maintenance manual or
instructions for continued airworthiness
to incorporate new or revised
inspections and life limits. This
proposed AD, however, would require
operators to incorporate into
maintenance records required by 14
CFR 91.417(a)(2) or 135.439(a)(2), as
applicable for your rotorcraft, the
requirements (airworthiness limitations)
specified in EASA AD 2021–0142. The
FAA does not intend this as a
substantive change. For these ADs, the
ALS requirements for operators are the
same but are complied with differently.
Requiring the incorporation of the new
ALS requirements into the existing
maintenance records, rather than
requiring individual ALS tasks (e.g.,
repetitive inspections and
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54639
replacements), requires operators to
record AD compliance once after
updating the maintenance records,
rather than after every time the ALS task
is completed.
In addition, paragraph (h) of the
proposed AD allows operators to
incorporate later approved revisions of
the applicable ALS as specified in the
provisions of the ‘‘Ref. Publications’’
section of EASA AD 2021–0142 without
the need for an alternative method of
compliance (AMOC).
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 2021–0142 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2021–0142
through that incorporation, except for
any differences identified as exceptions
in the regulatory text of this proposed
AD. Service information referenced in
EASA AD 2021–0142 for compliance
will be available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2022–
1070 after the FAA final rule is
published.
Differences Between This Proposed AD
and EASA AD 2021–0142
This proposed AD does not require
compliance with paragraphs (3), (4), and
(5) of EASA AD 2021–0142.
EASA AD 2021–0142 is applicable to
Model BO–105D helicopters, whereas
this proposed AD is not because Model
BO–105D helicopters are not certificated
by the FAA and are not included on the
U.S. type certificate data sheet. EASA
AD 2021–0142 is applicable to Model
BO–105 LS A–3 helicopters modified in
accordance with EASA STC 10039633,
or previously LBA Germany STC EMZ
NR. 0654/3058 (commercially known as
‘‘Superlifter’’), whereas this proposed
AD would apply to Model BO–105 LS
A–3 helicopters modified in accordance
with STC SR00043RD.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 67
helicopters of U.S. Registry. Labor rates
are estimated at $85 per work-hour.
Based on these numbers, the FAA
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Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Proposed Rules
estimates the following costs to comply
with this proposed AD.
Incorporating requirements
(airworthiness limitations) into existing
maintenance records would take about 2
work-hours for an estimated cost of
$170 per helicopter and $11,390 for the
U.S. fleet.
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
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 replaces the ADs specified in
paragraphs (b)(1) through (4) of this AD.
(1) AD 77–04–06, Amendment 39–2835 (42
FR 9670, February 17, 1977; amended 44 FR
46783, August 9, 1979).
(2) AD 2002–13–06, Amendment 39–12794
(67 FR 43526, June 28, 2002).
(3) AD 2016–25–14, Amendment 39–18740
(81 FR 94944, December 27, 2016).
(4) AD 2021–10–14, Amendment 39–21547
(86 FR 27268, May 20, 2021).
Note 1 to paragraph (b): The requirements
of this AD capture the latest tasks and life
limits required to prevent the unsafe
conditions addressed by the ADs that are
identified in paragraphs (b)(1) through (4) of
this AD.
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
lotter on DSK11XQN23PROD with PROPOSALS1
PART 39—AIRWORTHINESS
DIRECTIVES
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
77–04–06, Amendment 39–2835 (42 FR
9670, February 17, 1977; amended 44
FR 46783, August 9, 1979);
Airworthiness Directive 2002–13–06,
Amendment 39–12794 (67 FR 43526,
June 28, 2002); Airworthiness Directive
2016–25–14, Amendment 39–18740 (81
FR 94944, December 27, 2016); and
Airworthiness Directive 2021–10–14,
Amendment 39–21547 (86 FR 27268,
May 20, 2021); and
■ b. Adding the following new
airworthiness directive:
Airbus Helicopters Deutschland GmbH
(AHD): Docket No. FAA–2022–1070;
Project Identifier MCAI–2021–00686–R.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by October 24,
2022.
(b) Affected ADs
(c) Applicability
This AD applies to all Airbus Helicopters
Deutschland GmbH (AHD) Model BO–105A,
BO–105C, BO–105S, BO–105LS A–1, and
BO–105LS A–3 helicopters, including BO–
105LS A–3 helicopters modified in
accordance with Supplemental Type
Certificate SR00043RD, certificated in any
category.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(d) Subject
The Proposed Amendment
(e) Unsafe Condition
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
This AD was prompted by new and more
restrictive airworthiness limitations. The
FAA is issuing this AD to address the failure
of certain parts, which could result in the
loss of control of the helicopter.
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Code: 6300, Main Rotor Drive System.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) Within 30 days after the effective date
of this AD, incorporate into maintenance
records required by 14 CFR 91.417(a)(2) or
135.439(a)(2), as applicable for your model
and configuration helicopter, the
requirements (airworthiness limitations)
specified in paragraphs (1.1), (1.2), and (1.3),
and the Definitions section, of European
Union Aviation Safety Agency (EASA) AD
2021–0142, dated June 17, 2021 (EASA AD
2021–0142). Where paragraphs (1.2) and (1.3)
of EASA AD 2021–0142 refer to its effective
date, this AD requires using the effective date
of this AD.
(2) As of the effective date of this AD,
comply with the parts installation
prohibition specified in paragraph (2) of
EASA AD 2021–0142.
(h) Provisions for Alternative Requirements
(Airworthiness Limitations)
After the actions required by paragraph
(g)(1) of this AD have been done, no
alternative requirements (airworthiness
limitations) are allowed unless they are
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2021–0142.
(i) Special Flight Permit
Special flight permits, as described in 14
CFR 21.197 and 21.199, are prohibited.
(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 2021–0142, 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. 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 www.regulations.gov by searching for and
locating Docket No. FAA–2022–1070.
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Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Proposed Rules
(2) For more information about this AD,
contact Kristi Bradley, COS Program
Manager, COS Program Management Section,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101
Hillwood Parkway, Fort Worth, TX 76177;
telephone (817) 222–5110; email
kristin.bradley@faa.gov.
Issued on August 31, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–19220 Filed 9–6–22; 8:45 am]
BILLING CODE 4910–13–P
COMMODITY FUTURES TRADING
COMMISSION
RIN 3038–AF31
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Parts 275 and 279
[Release No. IA–6083; File No. S7–22–22]
RIN 3235–AN13
Form PF; Reporting Requirements for
All Filers and Large Hedge Fund
Advisers
Correction
In proposed rule document 2022–
17724 appearing on pages 53832–53985
in the issue of Thursday, September 1,
2022, make the following correction:
§ 279.9
[Corrected]
On page 53900, in the second column,
amendatory instruction 4 is corrected to
read as set forth below:
§ 279.9 Form PF, reporting by investment
advisers to private funds.
4. Form PF [referenced in § 279.9] is
revised to read as follows. The revised
version of Form PF is attached as
Appendix A.
Note: The text of Form PF does not, and
the amendments will not, appear in the Code
of Federal Regulations.
[FR Doc. C1–2022–17724 Filed 9–6–22; 8:45 am]
BILLING CODE 0099–10–D
NATIONAL LABOR RELATIONS
BOARD
29 CFR Part 103
lotter on DSK11XQN23PROD with PROPOSALS1
RIN 3142–AA21
Standard for Determining JointEmployer Status
AGENCY:
National Labor Relations
Board.
Notice of proposed rulemaking;
request for comments.
ACTION:
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This notice of proposed
rulemaking (NPRM) proposes to rescind
and replace the final rule entitled ‘‘Joint
Employer Status Under the National
Labor Relations Act,’’ which was
published on February 26, 2020 and
took effect on April 27, 2020. The
proposed rule would revise the standard
for determining whether two employers,
as defined in section 2(2) of the National
Labor Relations Act (NLRA or Act), are
joint employers of particular employees
within the meaning of section 2(3) of the
Act. The proposed changes are designed
to explicitly ground the joint-employer
standard in established common-law
agency principles and provide relevant
guidance to parties covered by the Act
regarding their rights and
responsibilities when more than one
statutory employer possesses the
authority to control or exercises the
power to control particular employees’
essential terms and conditions of
employment.
DATES: Comments regarding this
proposed rule must be received by the
National Labor Relations Board (NLRB
or Board) on or before November 7,
2022. Comments replying to comments
submitted during the initial comment
period must be received by the Board on
or before November 21, 2002. Reply
comments should be limited to replying
to comments previously filed by other
parties. No late comments will be
accepted. Requests for extensions of
time will be granted only for good cause
shown.
ADDRESSES:
Internet—Federal eRulemaking Portal.
Electronic comments may be submitted
through https://www.regulations.gov.
Follow the instructions for submitting
comments.
Delivery—Comments may be
submitted by mail or hand delivery to:
Roxanne L. Rothschild, Executive
Secretary, National Labor Relations
Board, 1015 Half Street SE, Washington,
DC 20570–0001.
For important information concerning
the submission of comments and their
treatment, see SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Roxanne L. Rothschild, Executive
Secretary, National Labor Relations
Board, 1015 Half Street SE, Washington,
DC 20570–0001, (202) 273–1940 (this is
not a toll-free number), 1–866–315–6572
(TTY/TDD).
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Submission of Comments
Because of security precautions, the
Board continues to experience delays in
U.S. mail delivery. You should take this
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54641
into consideration when preparing to
meet the deadline for submitting
comments. It is not necessary to mail
comments if they have been filed
electronically with regulations.gov. If
you mail comments, the Board
recommends that you confirm receipt of
your delivered comments by contacting
(202) 273–1940 (this is not a toll-free
number). Individuals with hearing
impairments may call 1–866–315–6572
(TTY/TDD). Because of precautions in
place due to COVID–19, the Board
recommends that comments be
submitted electronically or by mail
rather than by hand delivery. If you feel
you must hand deliver comments to the
Board, hand delivery will be accepted
by appointment only. Please call (202)
273–1940 to arrange for hand delivery of
comments. Please note that there may be
a delay in the electronic posting of
hand-delivered and mail comments due
to the needs for safe handling and
manual scanning of the comments. The
Board strongly encourages electronic
filing over mail or hand delivery of
comments.
Only comments submitted through
https://www.regulations.gov, mailed or
hand delivered per the procedure
described above will be accepted; ex
parte communications received by the
Board will be made part of the
rulemaking record and will be treated as
comments only insofar as appropriate.
Comments will be available for public
inspection at https://
www.regulations.gov and during normal
business hours (8:30 a.m. to 5 p.m. EST)
at the above address.
As soon as practicable, the Board will
post all comments received on https://
www.regulations.gov. The website
https://www.regulations.gov is the
Federal eRulemaking portal, and all
comments posted there are available
and accessible to the public. The Board
requests that comments include full
citations or internet links to any
authority relied upon. If a comment
cites a source that is not publicly
available, the Board requests that the
commenter submit a copy of that source
along with its comment.
The Board will not make any changes
to the comments, including any
personal information provided therein.
The Board cautions commenters not to
include personal information such as
Social Security numbers, personal
addresses, telephone numbers, and
email addresses in their comments, as
such submitted information will become
viewable by the public via the https://
www.regulations.gov website. It is a
commenter’s responsibility to safeguard
their information. Comments submitted
through https://www.regulations.gov will
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]]>Agencies
[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Proposed Rules]
[Pages 54636-54641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19220]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1070; Project Identifier MCAI-2021-00686-R]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters Deutschland GmbH
(AHD) (Type Certificates Previously Held by Messerschmitt-Bolkow-Blohm
[MBB], and Eurocopter Deutschland GmbH [ECD]) Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede airworthiness directive (AD) 77-
04-06, which applies to Messerschmitt-Bolkow-Blohm (MBB) (now Airbus
Helicopters Deutschland GmbH (AHD)) Model BO-105A and BO-105 C
helicopters; AD 2002-13-06, which applies to certain Eurocopter
Deutschland GmbH (ECD) (now Airbus Helicopters Deutschland GmbH (AHD))
Model BO-105A, BO-105C, BO-105 C-2, BO-105 CB-2, BO-105 CB-4, BO-105
CS-2, BO-105 CBS-2, BO-105S, and BO-105LS A-1 helicopters; AD 2016-25-
14, which applies to certain Airbus Helicopters Deutschland GmbH (AHD)
Model BO-105LS A-3 helicopters; and AD 2021-10-14, which applies to
certain Airbus Helicopters Deutschland GmbH (AHD) Model BO-105A, BO-
[[Page 54637]]
105C, BO-105S, and BO-105LS A-3 helicopters. AD 77-04-06 requires
reducing the life limit on certain main rotor gearbox (MGB) supports.
AD 2002-13-06 requires determining the calendar age, number of flights,
and flight hours time-in-service (TIS) on certain tension-torsion (TT)
straps; revising the Airworthiness Limitations Schedule (ALS) of the
existing maintenance manual; removing and replacing each TT strap that
has exceeded its life limit, or if the TT strap's total hours TIS or
number of flights and age are not known; and modifying certain parts.
AD 2016-25-14 requires establishing a life limit for certain TT straps
and removing certain parts that have exceeded the new life limit. AD
2021-10-14 requires replacement of certain TT straps with serviceable
parts, and implementation of a new storage life limit for certain TT
straps. Since the FAA issued those ADs, new and more restrictive
airworthiness limitations have been issued. This proposed AD would
require incorporating into existing maintenance records requirements
(airworthiness limitations) as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference (IBR). This proposed AD would also prohibit the installation
of certain part-numbered TT straps. 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 October 24,
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 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 NPRM, 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 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. EASA material that is
IBRed is also available at www.regulations.gov by searching for and
locating Docket No. FAA-2022-1070.
Examining the AD Docket
You may examine the AD docket at www.regulations.gov by searching
for and locating Docket No. FAA-2022-1070; 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: Kristi Bradley, COS Program Manager,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Parkway, 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 ADDRESSES. Include ``Docket No. FAA-2022-1070; Project Identifier
MCAI-2021-00686-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
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
Kristi Bradley, COS Program Manager, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5110;
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
The FAA issued AD 77-04-06, Amendment 39-2835 (42 FR 9670, February
17, 1977; amended 44 FR 46783, August 9, 1979) (AD 77-04-06) for
Messerschmitt-Bolkow-Blohm (MBB) Model BO-105A and BO-105C helicopters.
AD 77-04-06 was prompted by reports of internal corrosion of the MGB
supports, which could significantly reduce the structural strength and
service life. After AD 77-04-06 was issued, the FAA determined based on
service experience and additional test investigations the total hours
TIS for certain part-numbered MGB supports could be increased.
Accordingly, the FAA amended AD 77-04-06 by issuing Amendment 39-3528
(44 FR 46783, August 9, 1979), which increased the life limit for the
MGB supports to 6,800 hours TIS.
The FAA issued AD 2002-13-06, Amendment 39-12794 (67 FR 43526, June
28, 2002) (AD 2002-13-06) for Eurocopter Deutschland GmbH (ECD) Model
BO-105A, BO-105C, BO-105 C-2, BO-105 CB-2, BO-105 CB-4, BO-105S, BO-105
CS-2, BO-105 CBS-2, BO-105 CBS-4, and BO-105LS A-1 helicopters, with
main rotor (MR) head assembly, part number (P/N) 105-14101, and TT
strap P/N 2602559 or 2606576, installed. AD 2002-13-06 was prompted by
an accident in which an MR blade separated from a Eurocopter Model MBB-
BK 117 helicopter due to fatigue failure of a TT strap; the same part-
numbered TT strap is used on
[[Page 54638]]
Model BO-105 helicopters. AD 2002-13-06 was also prompted by the
determination that an additional life limit for certain part-numbered
TT straps needs to be established. AD 2002-13-06 requires creating a
component log card or equivalent record and determining the calendar
age, number of flights, and flight hours TIS on certain part-numbered
TT straps; removing and replacing any TT strap that has exceeded its
life limit, or the total hours TIS or number of flights and age are not
known; and modifying certain MR heads before certain part-numbered TT
straps are installed. AD 2002-13-06 also requires revising the ALS of
the existing maintenance manual to reflect these new life limits.
The FAA issued AD 2016-25-14, Amendment 39-18740 (81 FR 94944,
December 27, 2016) (AD 2016-25-14) for Airbus Helicopters Deutschland
GmbH Model BO-105LS A-3 helicopters with TT strap P/N 2604067 or P/N
117-14110 installed. AD 2016-25-14 was prompted by the determination
that life limits have been introduced for certain part-numbered TT
straps installed on the helicopter lifting system, and during the
revision of the ALS for the existing Model BO-105LS A-3 maintenance
manual, the life limit for the TT strap was inadvertently deleted. AD
2016-25-14 requires inspecting the helicopter records to determine if
there is a life limit of 25,000 flights, or 10 years since the date of
manufacturer, whichever occurs first, for the TT straps. Depending on
the inspection results, AD 2016-25-14 requires establishing a life
limit if none exists; revising the ALS of the existing maintenance
manual, and creating a component history card or equivalent record to
reflect this life limit; and replacing each TT strap that has reached
or exceeded its life limit.
The FAA issued AD 2021-10-14, Amendment 39-21547 (86 FR 27268, May
20, 2021) (AD 2021-10-14) for Airbus Helicopters Deutschland GmbH Model
BO-105A, BO-105C, BO-105S, and BO105LS A-3 helicopters equipped with a
certain TT strap. AD 2021-10-14 was prompted by the FAA's determination
that aging of the elastomeric material in a TT strap could affect the
structural characteristics of the TT strap. AD 2021-10-14 requires
replacement of certain TT straps with serviceable parts and
implementation of a new storage life limit for TT straps.
Actions Since AD 77-04-06, AD 2002-13-06, AD 2016-25-14, and AD 2021-
10-14 Were Issued
Since the FAA issued AD 77-04-06, AD 2002-13-06, AD 2016-25-14, and
AD 2021-10-14, EASA, which is the Technical Agent for the Member States
of the European Union, issued EASA AD 2021-0142, dated June 17, 2021
(EASA AD 2021-0142), which superseded EASA AD 2019-0024, dated February
4, 2019 (which prompted AD 2021-10-14); EASA AD 2015-0042, dated March
9, 2015 (which prompted AD 2016-25-14); EASA AD 2013-0015, dated
January 16, 2013; EASA AD 2010-0153, dated July 27, 2010; Luftfahrt-
Bundesamt (LBA) Germany AD 2001-281, dated October 18, 2001 (which
prompted AD 2002-13-06); and LBA Germany AD 76-136/2, dated October 5,
1978 (which prompted AD 77-04-06). EASA issued AD 2021-0142 to correct
an unsafe condition for Airbus Helicopters Deutschland GmbH (AHD),
formerly Eurocopter Deutschland GmbH, Eurocopter Hubschrauber
Deutschland GmbH, Messerschmitt-B[ouml]lkow-Blohm GmbH; Eurocopter
Canada Ltd, formerly Messerschmitt-B[ouml]lkow-Blohm Helicopter Canada
Limited, Model BO105 A, BO105 C, BO105 D, BO105 S, BO105 LS A-1, and
BO105 LS A-3 helicopters, all variants, all serial numbers, including
BO105 LS A-3 helicopters modified in accordance with EASA Supplemental
Type Certificate (STC) 10039633, or previously LBA Germany STC EMZ NR.
0654/3058 (commercially known as ``Superlifter''). EASA advises the
airworthiness limitations for AHD Model BO105 helicopters are defined
and published in the AHD BO105 Aircraft Maintenance Manual (AMM)
Chapter 101-15--ALS, Issue 2, Revision 31 (for BO105 A, BO105 C, BO105
D, BO105 S, and BO105 LS A-1 helicopters); AHD BO105 LS A-3 AMM Chapter
101-15--ALS, Issue 4, Revision 7 (for BO105 LS A-3 helicopters); and
AHD BO105 LS A-3 AMM Appendix 010, Issue 1, Revision 4 (for BO105 LS A-
3 `Superlifter' helicopters); as applicable.
EASA advises the instructions contained in ``the applicable ALS''
as defined in EASA AD 2021-0142 have been identified as mandatory
actions for continued airworthiness, and failure to comply with those
instructions could result in an unsafe condition. Accordingly, EASA AD
2021-0142 requires accomplishment of the actions specified in ``the
applicable ALS,'' as defined in EASA AD 2021-0142. The FAA is proposing
this AD to address the failure of certain parts, which could result in
the loss of control of the helicopter. See EASA AD 2021-0142 for
additional background information.
Additionally, the actions required to address the unsafe conditions
in AD 77-04-06, AD 2002-13-06, AD 2016-25-14, and AD 2021-10-14 are
included in ``the applicable ALS,'' as defined in EASA AD 2021-0142.
Therefore, the FAA is proposing to supersede AD 77-04-06, AD 2002-13-
06, AD 2016-25-14, and AD 2021-10-14 in order to reduce the burden on
operators by requiring compliance with a single FAA AD in lieu of
multiple FAA ADs.
AD 77-04-06 requires replacing MGB support P/N 105-10161 and 105-
10162 with serviceable supports within the next 10 hours TIS after the
effective date of AD 77-04-06 or prior to the accumulation of 6,800
hours TIS on the supports, whichever occurs later, and, thereafter,
continue to replace the supports prior to the accumulation of 6,800
hours TIS. EASA AD 2021-0142 requires incorporating ``the applicable
ALS,'' as defined in EASA AD 2021-0142, which identifies the same life
limit for these MGB supports as that required by AD 77-04-06.
Therefore, the FAA is proposing to supersede AD 77-04-06 in order to
reduce the burden on operators.
AD 2002-13-06 requires creating a component log card or equivalent
record and determining the calendar age, number of flights, and flight
hours TIS on certain part-numbered TT straps; inspecting and replacing
certain TT straps, as necessary; and modifying certain main rotor heads
if alternate TT straps are installed. This action also establishes an
additional life limit for certain part-numbered TT straps. EASA AD
2021-0142 requires incorporating the limitations described in ``the
applicable ALS,'' as defined in EASA AD 2021-0142, into the approved
aircraft maintenance program and introduces a new storage life limit of
5 years for certain TT straps.
AD 2016-25-14 requires inspecting the ALS of the applicable
maintenance manual for your helicopter or the Instructions for
Continued Airworthiness (ICA) and the component history card or
equivalent record for TT strap P/N 2604067 and P/N 117-14110 and
determining whether those records specify a life limit of 25,000
flights or 10 years since the date of manufacture, whichever occurs
first. If the ALS, ICA, component history card, or equivalent record do
not specify a life limit for the TT straps, or if they specify a life
limit other than 25,000 flights or 10 years since the date of
manufacture, whichever occurs first, AD 2016-25-14 requires revising
the existing ALS or ICA by establishing a life limit for each TT strap
P/N 2604067 and P/N 117-14110 of 25,000 flights or 10 years since the
date of manufacture, whichever occurs first. AD 2016-25-14 also
requires removing from service each TT
[[Page 54639]]
strap that has reached or exceeded its life limit. EASA AD 2021-0142
requires incorporating ``the applicable ALS,'' as defined in EASA AD
2021-0142, into the approved aircraft maintenance program and
introduces a new storage life limit of 5 years for certain TT straps.
AD 2021-10-14 requires replacement of certain TT straps with
serviceable parts and implementation of a new storage life limit for TT
straps. After AD 2021-10-14 was issued, EASA issued AD 2021-0142, which
requires incorporating ``the applicable ALS,'' as defined in EASA AD
2021-0142, into the approved aircraft maintenance program. The FAA
determined that the life limits in AD 2021-10-14 for Bendix TT strap P/
Ns 2604067 and 117-14110 were incorrectly stated as 40,000 flight
cycles for Model BO105LS A-3 helicopters. This proposed AD would
correct the life limit to 25,000 flight cycles or 10 years, whichever
occurs first, which is the life limit in ``the applicable ALS,'' as
defined in EASA AD 2021-0142.
Additionally, the FAA determined that AD 2021-10-14 incorrectly
stated the life limits for Bendix TT strap P/Ns 2606576 and 2602559 as
40,000 flight cycles for Model BO105A, BO105C, and BO105S helicopters.
This proposed AD would correct the life limit to 15,600 flight cycles,
2,400 hours TIS, or 10 years, whichever occurs first, which is the life
limit in ``the applicable ALS,'' as defined in EASA AD 2021-0142.
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.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0142 requires replacing certain components before
exceeding their applicable life limit. EASA AD 2021-0142 also prohibits
installing Bendix TT-strap P/N 2602559, P/N 2606576, P/N 2604067, or P/
N 117-14110, and requires revising the approved aircraft maintenance
program (AMP) by incorporating the limitations described in ``the
applicable ALS'' as defined in EASA AD 2021-0142.
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 BO 105 Maintenance Manual (MM),
Revision 31, dated December 15, 2020, for Model BO-105A, BO-105C, BO-
105 D, BO-105S, and BO-105LS A-1 helicopters; Airbus Helicopters BO 105
LS A-3 MM, Revision 7, dated November 27, 2018, for Model BO-105 LS A-3
helicopters; and Airbus Helicopters MM BO 105 LS A-3 ``Super Lifter''
Appendix 010, Revision 4, dated March 28, 2019, for BO 105 LS A-3
``Superlifter'' helicopters.
This service information specifies certain actions and associated
thresholds and intervals, including life limits and maintenance tasks.
These requirements (airworthiness limitations) include new life limits,
including cure dates and storage life limits, for certain part-numbered
TT straps.
Proposed AD Requirements in This NPRM
This proposed AD would require incorporating into existing
maintenance records requirements (airworthiness limitations), which are
specified in EASA AD 2021-0142 described previously, except as
discussed under ``Differences Between this Proposed AD and EASA AD
2021-0142.'' This proposed AD would also prohibit the installation of
Bendix TT-straps having certain P/Ns.
ADs Mandating Airworthiness Limitations
The FAA has previously mandated airworthiness limitations by
mandating each airworthiness limitation task (e.g., inspections and
replacements (life limits)) as an AD requirement or issuing ADs that
require revising the ALS of the existing maintenance manual or
instructions for continued airworthiness to incorporate new or revised
inspections and life limits. This proposed AD, however, would require
operators to incorporate into maintenance records required by 14 CFR
91.417(a)(2) or 135.439(a)(2), as applicable for your rotorcraft, the
requirements (airworthiness limitations) specified in EASA AD 2021-
0142. The FAA does not intend this as a substantive change. For these
ADs, the ALS requirements for operators are the same but are complied
with differently. Requiring the incorporation of the new ALS
requirements into the existing maintenance records, rather than
requiring individual ALS tasks (e.g., repetitive inspections and
replacements), requires operators to record AD compliance once after
updating the maintenance records, rather than after every time the ALS
task is completed.
In addition, paragraph (h) of the proposed AD allows operators to
incorporate later approved revisions of the applicable ALS as specified
in the provisions of the ``Ref. Publications'' section of EASA AD 2021-
0142 without the need for an alternative method of compliance (AMOC).
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 2021-0142 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0142 through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Service information referenced in EASA AD 2021-0142 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-1070 after the FAA final
rule is published.
Differences Between This Proposed AD and EASA AD 2021-0142
This proposed AD does not require compliance with paragraphs (3),
(4), and (5) of EASA AD 2021-0142.
EASA AD 2021-0142 is applicable to Model BO-105D helicopters,
whereas this proposed AD is not because Model BO-105D helicopters are
not certificated by the FAA and are not included on the U.S. type
certificate data sheet. EASA AD 2021-0142 is applicable to Model BO-105
LS A-3 helicopters modified in accordance with EASA STC 10039633, or
previously LBA Germany STC EMZ NR. 0654/3058 (commercially known as
``Superlifter''), whereas this proposed AD would apply to Model BO-105
LS A-3 helicopters modified in accordance with STC SR00043RD.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 67 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA
[[Page 54640]]
estimates the following costs to comply with this proposed AD.
Incorporating requirements (airworthiness limitations) into
existing maintenance records would take about 2 work-hours for an
estimated cost of $170 per helicopter and $11,390 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
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:
0
a. Removing Airworthiness Directive 77-04-06, Amendment 39-2835 (42 FR
9670, February 17, 1977; amended 44 FR 46783, August 9, 1979);
Airworthiness Directive 2002-13-06, Amendment 39-12794 (67 FR 43526,
June 28, 2002); Airworthiness Directive 2016-25-14, Amendment 39-18740
(81 FR 94944, December 27, 2016); and Airworthiness Directive 2021-10-
14, Amendment 39-21547 (86 FR 27268, May 20, 2021); and
0
b. Adding the following new airworthiness directive:
Airbus Helicopters Deutschland GmbH (AHD): Docket No. FAA-2022-1070;
Project Identifier MCAI-2021-00686-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 24, 2022.
(b) Affected ADs
This AD replaces the ADs specified in paragraphs (b)(1) through
(4) of this AD.
(1) AD 77-04-06, Amendment 39-2835 (42 FR 9670, February 17,
1977; amended 44 FR 46783, August 9, 1979).
(2) AD 2002-13-06, Amendment 39-12794 (67 FR 43526, June 28,
2002).
(3) AD 2016-25-14, Amendment 39-18740 (81 FR 94944, December 27,
2016).
(4) AD 2021-10-14, Amendment 39-21547 (86 FR 27268, May 20,
2021).
Note 1 to paragraph (b): The requirements of this AD capture the
latest tasks and life limits required to prevent the unsafe
conditions addressed by the ADs that are identified in paragraphs
(b)(1) through (4) of this AD.
(c) Applicability
This AD applies to all Airbus Helicopters Deutschland GmbH (AHD)
Model BO-105A, BO-105C, BO-105S, BO-105LS A-1, and BO-105LS A-3
helicopters, including BO-105LS A-3 helicopters modified in
accordance with Supplemental Type Certificate SR00043RD,
certificated in any category.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 6300, Main Rotor
Drive System.
(e) Unsafe Condition
This AD was prompted by new and more restrictive airworthiness
limitations. The FAA is issuing this AD to address the failure of
certain parts, which could result in the loss of control of the
helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) Within 30 days after the effective date of this AD,
incorporate into maintenance records required by 14 CFR 91.417(a)(2)
or 135.439(a)(2), as applicable for your model and configuration
helicopter, the requirements (airworthiness limitations) specified
in paragraphs (1.1), (1.2), and (1.3), and the Definitions section,
of European Union Aviation Safety Agency (EASA) AD 2021-0142, dated
June 17, 2021 (EASA AD 2021-0142). Where paragraphs (1.2) and (1.3)
of EASA AD 2021-0142 refer to its effective date, this AD requires
using the effective date of this AD.
(2) As of the effective date of this AD, comply with the parts
installation prohibition specified in paragraph (2) of EASA AD 2021-
0142.
(h) Provisions for Alternative Requirements (Airworthiness Limitations)
After the actions required by paragraph (g)(1) of this AD have
been done, no alternative requirements (airworthiness limitations)
are allowed unless they are approved as specified in the provisions
of the ``Ref. Publications'' section of EASA AD 2021-0142.
(i) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, are prohibited.
(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 2021-0142, 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. 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 www.regulations.gov by searching for and locating Docket
No. FAA-2022-1070.
[[Page 54641]]
(2) For more information about this AD, contact Kristi Bradley,
COS Program Manager, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5110;
email [email protected].
Issued on August 31, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-19220 Filed 9-6-22; 8:45 am]
BILLING CODE 4910-13-P
