Airworthiness Directives; Airbus Helicopters Deutschland GmbH (AHD) Helicopters, 85833-85836 [2023-27111]
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Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Rules and Regulations
and complexity of the institution’s
operations. The program must ensure
controls exist to protect the security and
confidentiality of current, former, and
potential customer and employee
information, protect against reasonably
anticipated cyber threats or hazards to
the security or integrity of such
information, and protect against
unauthorized access to or use of such
information.
(b) Role of the board. Each year, the
board of directors of each System
institution or an appropriate committee
of the board must:
(1) Approve a written cyber risk
program. The program must be
consistent with industry standards to
ensure the institution’s safety and
soundness and compliance with law
and regulations;
(2) Oversee the development,
implementation, and maintenance of the
institution’s cyber risk program; and
(3) Determine necessary expertise for
executing the cyber risk management
plan and, where practical, delegate dayto-day responsibilities to management
and employees.
(c) Cyber risk program. Each
institution’s cyber risk program must, at
a minimum:
(1) Include an annual risk assessment
of the internal and external factors
likely to affect the institution. The risk
assessment, at a minimum, must:
(i) Identify and assess internal and
external factors that could result in
unauthorized disclosure, misuse,
alteration, or destruction of current,
former, and potential customer and
employee information or information
systems; and
(ii) Assess the sufficiency of policies,
procedures, internal controls, and other
practices in place to mitigate risks.
(2) Identify systems and software
vulnerabilities, prioritize the
vulnerabilities and the affected systems
based on risk, and perform timely
remediation. The particular security
measures an institution adopts will
depend upon the size, risk profile, and
complexity of the institution’s
operations and activities.
(3) Maintain an incident response
plan that contains procedures the
institution must implement when it
suspects or detects unauthorized access
to current, former, or potential
customer, employee, or other sensitive
or confidential information. An
institution’s incident response plan
must be reviewed and updated
periodically, but at least annually, to
address new threats, concerns, and
evolving technology. The incident
response plan must contain procedures
for:
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(i) Assessing the nature and scope of
an incident, and identifying what
information systems and types of
information have been accessed or
misused;
(ii) Acting to contain the incident
while preserving records and other
evidence;
(iii) Resuming business activities
during intrusion response;
(iv) Notifying the institution’s board
of directors when the institution learns
of an incident involving unauthorized
access to or use of sensitive or
confidential customer, and/or employee
information, or unauthorized access to
financial institution information
including proprietary information;
(v) Notifying FCA as soon as possible
or no later than 36 hours after the
institution determines that an incident
has occurred; and
(vi) Notifying former, current, or
potential customers and employees and
known visitors to your website of an
incident when warranted, and in
accordance with state and federal laws.
(4) Describe the plan to train
employees, vendors, contractors, and
the institution board to implement the
institution’s cyber risk program.
(5) Include policies for vendor
management and oversight. Each
institution, at a minimum, must:
(i) Exercise appropriate due diligence
in selecting vendors;
(ii) Negotiate contract provisions,
when feasible, that facilitate effective
risk management and oversight and
specify the expectations and obligations
of both parties;
(iii) Conduct a vendor risk assessment
on all vendors; and
(iv) Monitor its IT and cyber risk
management related vendors to ensure
they have satisfied agreed upon
expectations and deliverables.
Monitoring may include reviewing
audits, summaries of test results, or
other equivalent evaluations of its
vendors.
(6) Maintain robust internal controls
by regularly testing the key controls,
systems, and procedures of the cyber
risk management program.
(i) The frequency and nature of such
tests are to be determined by the
institution’s risk assessment.
(ii) Tests must be conducted or
reviewed by independent third parties
or staff independent of those who
develop or maintain the cyber risk
management program.
(iii) Internal systems and controls
must provide reasonable assurances that
System institutions will prevent, detect,
and remediate material deficiencies on
a timely basis.
(d) Privacy. Institutions must consider
privacy and other legal compliance
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85833
issues, including but not limited to, the
privacy and security of System
institution information; current, former,
and potential borrower information; and
employee information, as well as
compliance with statutory requirements
for the use of electronic media.
(e) Board reporting requirements. At a
minimum, each institution must report
quarterly to its board or an appropriate
committee of the board. The report must
contain material matters related to the
institution’s cyber risk management
program, including specific risks and
threats.
§ 609.935
Business planning.
The annually approved business plan
required under subpart J of part 618 of
this chapter, and § 652.60 of this chapter
for System institutions and the Federal
Agricultural Mortgage Corporation,
respectively, must include a technology
plan that, at a minimum:
(a) Describes the institution’s
intended technology goals, performance
measures, and objectives;
(b) Details the technology budget;
(c) Identifies and assesses the
adequacy of the institution’s entire
cyber risk management program,
including proposed technology changes;
(d) Describes how the institution’s
technology and security support the
current and planned business
operations; and
(e) Reviews internal and external
technology factors likely to affect the
institution during the planning period.
§ 609.945
Records retention.
Records stored electronically must be
accurate, accessible, and reproducible
for later reference.
Dated: December 6, 2023.
Ashley Waldron,
Secretary, Farm Credit Administration.
[FR Doc. 2023–27102 Filed 12–8–23; 8:45 am]
BILLING CODE 6705–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1816; Project
Identifier MCAI–2021–01460–R; Amendment
39–22599; AD 2023–22–15]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters Deutschland GmbH (AHD)
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Rules and Regulations
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus Helicopters Deutschland GmbH
(AHD) Model MBB–BK 117 D–3
helicopters. This AD was prompted by
recalculations of the inspection
intervals for certain parts. This AD
requires revising the airworthiness
limitations section (ALS) of the existing
helicopter maintenance manual or
instructions for continued airworthiness
for your helicopter and the existing
approved maintenance or inspection
program for your helicopter, as
applicable, to reduce the inspection
interval of certain parts, as specified in
a European Union Aviation Safety
Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 16,
2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 16, 2024.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1816; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the EASA AD,
any comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For EASA material that is
incorporated by reference in this final
rule, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email
ADs@easa.europa.eu; internet
easa.europa.eu. You may find the EASA
material on the EASA website at
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. It is also available
at regulations.gov under Docket No.
FAA–2023–1816.
Other Related Service Information:
For Airbus Helicopters service
information identified in this final rule,
contact Airbus Helicopters, 2701 North
Forum Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–
0323; fax (972) 641–3775; or at
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SUMMARY:
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airbus.com/en/products-services/
helicopters/hcare-services/airbusworld.
You may also view this service
information at the FAA contact
information under Material
Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT: Dan
McCully, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone (303) 342–
1080; email william.mccully@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0290,
dated December 23, 2021; corrected
December 23, 2021 (EASA AD 2021–
0290), to correct an unsafe condition for
all serial-numbered Airbus Helicopters
Deutschland GmbH Model MBB–BK117
D–3 and D–3m helicopters.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to Airbus Helicopters
Deutschland GmbH (AHD) Model MBB–
BK 117 D–3 helicopters. The NPRM
published in the Federal Register on
September 7, 2023 (88 FR 61485). The
NPRM was prompted by recalculations
of the inspection intervals for certain
parts. The NPRM proposed to require
accomplishing the actions specified in
EASA AD 2021–0290, as incorporated
by reference, except for any differences
identified as exceptions in the
regulatory text of this AD and except as
discussed under ‘‘Differences Between
this AD and the EASA AD. The FAA is
issuing this AD to address the unsafe
condition on these products.
You may examine the EASA AD in
the AD docket at regulations.gov under
Docket No. FAA–2023–1816.
Discussion of Final Airworthiness
Directive
Comments
The FAA received no comments on
the NPRM or on the determination of
the costs.
Conclusion
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 reviewed
the relevant data and determined that
air safety requires adopting this AD as
proposed. Accordingly, the FAA is
issuing this AD to address the unsafe
condition on these helicopters.
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Related Service Information Under 1
CFR Part 51
EASA AD 2021–0290 requires
replacing components before exceeding
their life limits and accomplishing
maintenance tasks within thresholds
and intervals specified in the applicable
ALS. Depending on the results of the
maintenance tasks, EASA AD 2021–
0290 requires accomplishing corrective
action(s) or contacting AHD [Airbus
Helicopters Deutschland GmbH] for
approved instructions and
accomplishing those instructions. EASA
AD 2021–0290 also requires revising the
Aircraft Maintenance Programme (AMP)
by incorporating the limitations, tasks,
and associated thresholds and intervals
described in the specified ALS as
applicable to helicopter model and
configuration. Revising the AMP
constitutes terminating action for the
requirements to replace components
before exceeding their life limits and
accomplish maintenance tasks within
thresholds and intervals specified in the
applicable ALS as required by EASA AD
2021–0290.
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
Alert Service Bulletin ASB MBB–BK117
D–3–04A–001, Revision 0, dated
December 22, 2021. This service
information specifies checking the total
accumulated flight hours since new for
bolt part number (P/N) D671M7501201,
bolt P/N D671M7501211, and mast bolt
P/N D620M0501203, and accomplishing
the airworthiness inspection within the
reduced airworthiness inspection
interval of 400 flight hours.
The FAA also reviewed Airbus MBB–
BK117 D–3 Chapter 04, ALS, Revision 1,
dated December 14, 2021. This service
information specifies airworthiness
limitations, tasks, and associated
thresholds and intervals for various
parts. Revision 1 of this service
information specifies various updates
for certain components.
Differences Between This AD and the
EASA AD
EASA AD 2021–0290 applies to
Model MBB–BK117 D–3m helicopters,
whereas this AD does not because that
model is not FAA type-certificated.
EASA AD 2021–0290 requires
replacing certain components before
exceeding applicable life limits,
accomplishing certain maintenance
tasks within thresholds and intervals as
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Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Rules and Regulations
specified in the ALS, as defined within,
and depending on the results,
accomplishing corrective action within
the compliance time specified in that
ALS. EASA AD 2021–0290 also requires
revising the approved AMP to
incorporate the limitations, tasks, and
associated thresholds and intervals
described in that ALS within 12 months
after its effective date. Whereas, this AD
requires revising existing documents
and programs within 30 days to
incorporate the limitations, tasks, and
associated thresholds and intervals
described in that ALS, and clarifies that
if an incorporated limitation or
threshold therein is reached before 30
days after the effective date of this final
rule, you still have up to 30 days after
the effective date of this final rule to
accomplish the corresponding task.
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Costs of Compliance
The FAA estimates that this AD
affects 29 helicopters of U.S. Registry.
Labor rates are estimated at $85 per
work-hour. Based on these numbers, the
FAA estimates the following costs to
comply with this AD.
Revising the ALS of the existing
helicopter maintenance manual or
instructions for continued airworthiness
for your helicopter and the existing
approved maintenance or inspection
program for your helicopter, as
applicable, will take about 2 work-hours
for an estimated cost of $170 per
helicopter and $4,930 for the U.S. fleet.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
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the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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:
■
2023–22–15: Airbus Helicopters
Deutschland GmbH (AHD): Amendment
39–22599; Docket No. FAA–2023–1816;
Project Identifier MCAI–2021–01460–R.
(a) Effective Date
This airworthiness directive (AD) is
effective January 16, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters
Deutschland GmbH (AHD) Model MBB–BK
117 D–3 helicopters, certificated in any
category.
(d) Subject
Joint Aircraft Service Component (JASC)
Code: 6710, Main Rotor Control.
(e) Unsafe Condition
This AD was prompted by recalculations of
the inspection intervals for certain parts. The
FAA is issuing this AD to reduce the
inspection intervals for certain parts. The
unsafe condition, if not addressed, could
result in failure of a part and loss of control
of the helicopter.
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85835
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
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 2021–0290, dated
December 23, 2021; corrected December 23,
2021 (EASA AD 2021–0290).
(h) Exceptions to EASA AD 2021–0290
(1) Where EASA AD 2021–0290 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not adopt the
requirements specified in paragraphs (1), (2),
(4), and (5) of EASA AD 2021–0290.
(3) Where paragraph (3) of EASA AD 2021–
0290 specifies revising ‘‘the approved AMP’’
within 12 months after its effective date, this
AD requires revising the airworthiness
limitations section of your existing helicopter
maintenance manual or instructions for
continued airworthiness and your existing
approved maintenance or inspection
program, as applicable, within 30 days after
the effective date of this AD.
(4) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2021–0290 is on or before the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
paragraph (3) of EASA AD 2021–0290, or
within 30 days after the effective date of this
AD, whichever occurs later.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2021–0290.
(i) Provisions for Alternative Actions and
Intervals
After the airworthiness limitations section
of the existing helicopter maintenance
manual or instructions for continued
airworthiness; and the existing approved
maintenance or inspection program, as
applicable, has been revised as required by
paragraph (g) of this AD, no alternative
actions (e.g., inspections) and associated
thresholds and intervals, including life
limits, are allowed unless they are approved
as specified in the provisions of the ‘‘Ref.
Publications’’ section of EASA AD 2021–
0290.
(j) Special Flight Permit
Special flight permits are prohibited.
(k) 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 (l) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
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(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.
(l) Related Information
For more information about this AD,
contact Dan McCully, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone (303) 342–
1080; email william.mccully@faa.gov.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2021–0290, dated December 23,
2021; corrected December 23, 2021 (EASA
AD 2021–0290).
(ii) [Reserved]
(3) For EASA AD 2021–0290, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
easa.europa.eu. You may find the EASA
material on the EASA website at
ad.easa.europa.eu.
(4) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on November 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–27111 Filed 12–8–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1216; Project
Identifier AD–2023–00502–E; Amendment
39–22614; AD 2023–23–12]
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RIN 2120–AA64
Airworthiness Directives; CFM
International, S.A. Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all CFM
SUMMARY:
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15:57 Dec 08, 2023
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International, S.A. (CFM) Model LEAP–
1B21, LEAP–1B23, LEAP–1B25, LEAP–
1B27, LEAP–1B28, LEAP–1B28B1,
LEAP–1B28B2, LEAP–1B28B2C, LEAP–
1B28B3, LEAP–1B28BBJ1, and LEAP–
1B28BBJ2 (LEAP–1B) engines. This AD
was prompted by a manufacturer
investigation that revealed that certain
high-pressure turbine (HPT) rotor stage
1 disks (HPT stage 1 disks) and a certain
compressor rotor stages 6–10 spool were
manufactured from material suspected
to have reduced material properties due
to iron inclusion. This AD requires
replacing certain HPT stage 1 disks and
a certain compressor rotor stages 6–10
spool. The FAA is issuing this AD to
address the unsafe condition on these
products.
DATES: This AD is effective January 16,
2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 16, 2024.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1216; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, any comments
received, and other information. The
address for Docket Operations is U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590.
Material Incorporated by Reference:
• For service information identified
in this final rule, contact CFM
International, S.A., GE Aviation Fleet
Support, 1 Neumann Way, M/D Room
285, Cincinnati, OH 45215; phone: (877)
432–3272; email: aviation.fleetsupport@
ge.com.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 1200 District Avenue,
Burlington, MA 01803. For information
on the availability of this material at the
FAA, call (817) 222–5110. It is also
available at regulations.gov under
Docket No. FAA–2023–1216.
FOR FURTHER INFORMATION CONTACT:
Mehdi Lamnyi, Aviation Safety
Engineer, FAA, 2200 South 216th Street,
Des Moines, WA 98198; phone: (781)
238–7743; email: Mehdi.Lamnyi@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
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part 39 by adding an AD that would
apply to CFM International, S.A. (CFM)
Model LEAP–1B21, LEAP–1B23, LEAP–
1B25, LEAP–1B27, LEAP–1B28, LEAP–
1B28B1, LEAP–1B28B2, LEAP–
1B28B2C, LEAP–1B28B3, LEAP–
1B28BBJ1, and LEAP–1B28BBJ2
engines. The NPRM published in the
Federal Register on July 24, 2023 (88 FR
47404). The NPRM was prompted by a
manufacturer investigation that detected
iron inclusion in three non-LEAP–1B
HPT rotor disks. Further investigation
determined that the iron inclusion is
attributed to deficiencies in the
manufacturing process. The
manufacturer also determined that
certain LEAP–1B HPT stage 1 disks and
a certain compressor rotor stages 6–10
spool manufactured using the same
process may have reduced material
properties and a lower fatigue life
capability due to iron inclusion, which
may cause premature fracture and
subsequent uncontained failure of
certain HPT stage 1 disks and a certain
compressor rotor stages 6–10 spool.
In the NPRM, the FAA proposed to
require replacement of certain HPT
stage 1 disks and a certain compressor
rotor stages 6–10 spool and also prohibit
installation of an HPT stage 1 disk or
compressor rotor stages 6–10 spool that
has a part number and serial number
identified in the service information
onto any engine. The FAA is issuing
this AD to address the unsafe condition
on these products.
Discussion of Final Airworthiness
Directive
The FAA received comments from
five commenters. Commenters included
CFM International, United Air Lines
(United), The Boeing Company (Boeing),
Air Line Pilots Association,
International (ALPA) and Lynx Air
(Lynx). United, Boeing, and ALPA
supported the NPRM without change.
The following presents the comments
received on the NPRM from CFM and
Lynx and the FAA’s response to each
comment.
Request To Update Service Information
CFM advised that updated service
information for replacement of the HPT
Stage 1 disks and high-pressure
compressor (HPC) Stage 6–10 spool has
been published. This updated service
information provides certain
corrections, identifies Required by
Compliance annotations, and updated
cost information to adequately address
this unsafe condition. CFM recommends
the latest revision to be utilized in this
final rule.
The FAA agrees with CFM’s
recommendation to utilize the updated
E:\FR\FM\11DER1.SGM
11DER1
]]>Agencies
[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Rules and Regulations]
[Pages 85833-85836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27111]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1816; Project Identifier MCAI-2021-01460-R;
Amendment 39-22599; AD 2023-22-15]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters Deutschland GmbH
(AHD) Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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[[Page 85834]]
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 D-3
helicopters. This AD was prompted by recalculations of the inspection
intervals for certain parts. This AD requires revising the
airworthiness limitations section (ALS) of the existing helicopter
maintenance manual or instructions for continued airworthiness for your
helicopter and the existing approved maintenance or inspection program
for your helicopter, as applicable, to reduce the inspection interval
of certain parts, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective January 16, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 16,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1816; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the EASA AD, any comments received,
and other information. The address for Docket Operations is U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
Material Incorporated by Reference:
For EASA material that is incorporated by reference in
this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email [email protected]; internet
easa.europa.eu. You may find the EASA material on the EASA website at
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. It is also available at
regulations.gov under Docket No. FAA-2023-1816.
Other Related Service Information: For Airbus Helicopters service
information identified in this final rule, contact Airbus Helicopters,
2701 North Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-
0000 or (800) 232-0323; fax (972) 641-3775; or at airbus.com/en/products-services/helicopters/hcare-services/airbusworld. You may also
view this service information at the FAA contact information under
Material Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (303)
342-1080; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0290, dated December 23, 2021;
corrected December 23, 2021 (EASA AD 2021-0290), to correct an unsafe
condition for all serial-numbered Airbus Helicopters Deutschland GmbH
Model MBB-BK117 D-3 and D-3m helicopters.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Airbus Helicopters
Deutschland GmbH (AHD) Model MBB-BK 117 D-3 helicopters. The NPRM
published in the Federal Register on September 7, 2023 (88 FR 61485).
The NPRM was prompted by recalculations of the inspection intervals for
certain parts. The NPRM proposed to require accomplishing the actions
specified in EASA AD 2021-0290, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and except as discussed under ``Differences Between this AD and
the EASA AD. The FAA is issuing this AD to address the unsafe condition
on these products.
You may examine the EASA AD in the AD docket at regulations.gov
under Docket No. FAA-2023-1816.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the costs.
Conclusion
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 reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these helicopters.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0290 requires replacing components before exceeding
their life limits and accomplishing maintenance tasks within thresholds
and intervals specified in the applicable ALS. Depending on the results
of the maintenance tasks, EASA AD 2021-0290 requires accomplishing
corrective action(s) or contacting AHD [Airbus Helicopters Deutschland
GmbH] for approved instructions and accomplishing those instructions.
EASA AD 2021-0290 also requires revising the Aircraft Maintenance
Programme (AMP) by incorporating the limitations, tasks, and associated
thresholds and intervals described in the specified ALS as applicable
to helicopter model and configuration. Revising the AMP constitutes
terminating action for the requirements to replace components before
exceeding their life limits and accomplish maintenance tasks within
thresholds and intervals specified in the applicable ALS as required by
EASA AD 2021-0290.
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 Alert Service Bulletin ASB MBB-
BK117 D-3-04A-001, Revision 0, dated December 22, 2021. This service
information specifies checking the total accumulated flight hours since
new for bolt part number (P/N) D671M7501201, bolt P/N D671M7501211, and
mast bolt P/N D620M0501203, and accomplishing the airworthiness
inspection within the reduced airworthiness inspection interval of 400
flight hours.
The FAA also reviewed Airbus MBB-BK117 D-3 Chapter 04, ALS,
Revision 1, dated December 14, 2021. This service information specifies
airworthiness limitations, tasks, and associated thresholds and
intervals for various parts. Revision 1 of this service information
specifies various updates for certain components.
Differences Between This AD and the EASA AD
EASA AD 2021-0290 applies to Model MBB-BK117 D-3m helicopters,
whereas this AD does not because that model is not FAA type-
certificated.
EASA AD 2021-0290 requires replacing certain components before
exceeding applicable life limits, accomplishing certain maintenance
tasks within thresholds and intervals as
[[Page 85835]]
specified in the ALS, as defined within, and depending on the results,
accomplishing corrective action within the compliance time specified in
that ALS. EASA AD 2021-0290 also requires revising the approved AMP to
incorporate the limitations, tasks, and associated thresholds and
intervals described in that ALS within 12 months after its effective
date. Whereas, this AD requires revising existing documents and
programs within 30 days to incorporate the limitations, tasks, and
associated thresholds and intervals described in that ALS, and
clarifies that if an incorporated limitation or threshold therein is
reached before 30 days after the effective date of this final rule, you
still have up to 30 days after the effective date of this final rule to
accomplish the corresponding task.
Costs of Compliance
The FAA estimates that this AD affects 29 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
Revising the ALS of the existing helicopter maintenance manual or
instructions for continued airworthiness for your helicopter and the
existing approved maintenance or inspection program for your
helicopter, as applicable, will take about 2 work-hours for an
estimated cost of $170 per helicopter and $4,930 for the U.S. fleet.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2023-22-15: Airbus Helicopters Deutschland GmbH (AHD): Amendment 39-
22599; Docket No. FAA-2023-1816; Project Identifier MCAI-2021-01460-
R.
(a) Effective Date
This airworthiness directive (AD) is effective January 16, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Deutschland GmbH (AHD)
Model MBB-BK 117 D-3 helicopters, certificated in any category.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 6710, Main Rotor
Control.
(e) Unsafe Condition
This AD was prompted by recalculations of the inspection
intervals for certain parts. The FAA is issuing this AD to reduce
the inspection intervals for certain parts. The unsafe condition, if
not addressed, could result in failure of a part and loss of control
of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
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
2021-0290, dated December 23, 2021; corrected December 23, 2021
(EASA AD 2021-0290).
(h) Exceptions to EASA AD 2021-0290
(1) Where EASA AD 2021-0290 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the requirements specified in
paragraphs (1), (2), (4), and (5) of EASA AD 2021-0290.
(3) Where paragraph (3) of EASA AD 2021-0290 specifies revising
``the approved AMP'' within 12 months after its effective date, this
AD requires revising the airworthiness limitations section of your
existing helicopter maintenance manual or instructions for continued
airworthiness and your existing approved maintenance or inspection
program, as applicable, within 30 days after the effective date of
this AD.
(4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0290 is on or before the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2021-0290, or within 30
days after the effective date of this AD, whichever occurs later.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2021-0290.
(i) Provisions for Alternative Actions and Intervals
After the airworthiness limitations section of the existing
helicopter maintenance manual or instructions for continued
airworthiness; and the existing approved maintenance or inspection
program, as applicable, has been revised as required by paragraph
(g) of this AD, no alternative actions (e.g., inspections) and
associated thresholds and intervals, including life limits, are
allowed unless they are approved as specified in the provisions of
the ``Ref. Publications'' section of EASA AD 2021-0290.
(j) Special Flight Permit
Special flight permits are prohibited.
(k) 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 (l) of
this AD. Information may be emailed to: [email protected].
[[Page 85836]]
(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.
(l) Related Information
For more information about this AD, contact Dan McCully,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone (303) 342-1080; email
[email protected].
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2021-0290,
dated December 23, 2021; corrected December 23, 2021 (EASA AD 2021-
0290).
(ii) [Reserved]
(3) For EASA AD 2021-0290, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find the EASA
material on the EASA website at ad.easa.europa.eu.
(4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call (817) 222-5110.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, email: [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on November 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-27111 Filed 12-8-23; 8:45 am]
BILLING CODE 4910-13-P
