Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters, 19662-19664 [2025-08075]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Proposed Rules]
[Pages 19662-19664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08075]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2025-0750; Project Identifier MCAI-2022-01325-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 
D-3 helicopters. This proposed AD was prompted by reports of momentary 
direct current (DC) power interruption in flight of both essential 
busses. This proposed AD would require revising the existing rotorcraft 
flight manual (RFM) for your helicopter, as specified in a European 
Union Aviation Safety Agency (EASA) AD, which is proposed for 
incorporation by reference. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 23, 
2025.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2025-0750; 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 mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; website: easa.europa.eu. You may find 
the EASA material on the EASA website ad.easa.europa.eu.
     You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, 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-2025-0750.

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:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2025-0750; 
Project Identifier MCAI-2022-01325-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

[[Page 19663]]

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 Dan 
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. Any commentary that the FAA receives that is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0208, dated October 11, 2022 
(EASA AD 2022-0208) (also referred to as the MCAI), to correct an 
unsafe condition on certain serial-numbered AHD Model MBB-BK117 D-3 and 
D-3m helicopters. This proposed AD was prompted by reports of momentary 
DC power interruption in flight of both essential busses. The 
investigation is still ongoing to identify the root cause of this 
occurrence. In the interim, AHD developed emergency and malfunction 
procedures to address this issue. The FAA is proposing this AD to 
address DC power interruption, which could result in loss of control of 
the helicopter or reduced situational awareness.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2025-0750.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0208, which specifies procedures for 
revising the RFM by incorporating an emergency and malfunction 
procedure, informing all flight crews, and thereafter, operating the 
helicopter accordingly. This material provides updated battery 
discharging procedures, which includes a warning in case of total 
electrical failure.
    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.

FAA's Determination

    These products have been approved by the civil aviation authority 
of another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, that authority has notified the FAA of the unsafe condition 
described in the MCAI referenced above. The FAA is issuing this NPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0208, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD. See ``Differences Between this AD 
and the MCAI'' for a discussion of the general differences included in 
this AD. The owner/operator (pilot) holding at least a private pilot 
certificate may revise the existing RFM for your helicopter and must 
enter compliance with the applicable paragraph of the proposed AD into 
the helicopter maintenance records in accordance with 14 CFR 43.9(a) 
and 91.417(a)(2)(v).

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 2022-0208 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0208 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Material required by EASA AD 2022-0208 for compliance 
will be available at regulations.gov under Docket No. FAA-2025-0750 
after the FAA final rule is published.

Differences Between This NPRM and the EASA AD

    EASA AD 2022-0208 applies to Model MBB-BK117 D-3m helicopters, 
whereas this proposed AD would not because that model is not FAA type-
certificated.
    The MCAI requires operators to ``inform all flight crew'' of the 
revisions to the RFM, and thereafter to ``operate the helicopter 
accordingly.'' However, this AD does not require those actions as those 
actions are already required by FAA regulations. FAA regulations 
require operators furnish to pilots any changes to the RFM (for 
example, 14 CFR 135.21) and to ensure the pilots are familiar with the 
RFM (for example, 14 CFR 91.505). As with any other flight crew 
training requirement, training on the updated RFM content is tracked by 
the operators and recorded in each pilot's training record, which is 
available for the FAA to review. FAA regulations also require pilots to 
follow the procedures in the existing RFM including all updates. 
Therefore, including a requirement in this AD to inform the flight crew 
and operate the helicopter according to the revised RFM would be 
redundant and unnecessary.

Interim Action

    The FAA considers this proposed AD would be an interim action. If 
final action is later identified, the FAA might consider further 
rulemaking then.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 27 helicopters of U.S. Registry. Labor rates are estimated at 
$85 per hour. Based on these numbers, the FAA estimates the following 
costs to comply with this proposed AD.
    Revising the existing RFM for your helicopter would take 1 work-
hour for an estimated cost of $85 per helicopter and $2,295 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

[[Page 19664]]

aircraft in air commerce by prescribing regulations for practices, 
methods, and procedures the Administrator finds necessary for safety in 
air commerce. This regulation is within the scope of that authority 
because it addresses an unsafe condition that is likely to exist or 
develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Airbus Helicopters Deutschland GmbH (AHD): Docket No. FAA-2025-0750; 
Project Identifier MCAI-2022-01325-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 23, 2025.

(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, as 
identified in European Union Aviation Safety Agency AD 2022-0208, 
dated October 11, 2022 (EASA AD 2022-0208).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2432, Battery/
Charger System.

(e) Unsafe Condition

    This AD was prompted by reports of momentary direct current (DC) 
power interruption in flight of both essential busses. The FAA is 
issuing this AD to address DC power interruption through updated 
procedures. The unsafe condition, if not addressed, could result in 
loss of control of the helicopter or reduced situational awareness.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2022-0208. The owner/operator (pilot) 
holding at least a private pilot certificate may revise the existing 
RFM for your helicopter and must enter compliance with this 
paragraph of the AD into the helicopter maintenance records in 
accordance with 14 CFR 43.9(a) and 91.417(a)(2)(v). The record must 
be maintained as required by 14 CFR 91.417, 121.380, or 135.439.

(h) Exceptions to EASA AD 2022-0208

    (1) Where paragraph (1) of EASA AD 2022-0208 specifies to inform 
all flight crews and operate the helicopter accordingly, this AD 
does not require those actions.
    (2) Where paragraph (2) of EASA AD 2022-0208 specifies ``the RFM 
emergency and malfunction procedure, is an acceptable method'' this 
AD requires replacing that text with ``the RFM emergency and 
malfunction procedure, as defined in this AD, is an acceptable 
method.''
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0208.

(i) Special Flight Permit

    Special flight permits 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) of 
this AD and email 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

    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].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0208, 
dated October 11, 2022.
    (ii) [Reserved]
    (3) For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; website: easa.europa.eu. You may 
find the EASA material on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, 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, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on May 5, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2025-08075 Filed 5-8-25; 8:45 am]
BILLING CODE 4910-13-P