AD 2021-23-18

This AD is effective January 11, 2022.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 11, 2022.

For EASA material incorporated by reference (IBR) in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +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. It is incorporated by reference is also available in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-0779.

Jacob Fitch, Aerospace Engineer, COS Program Management Section, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; phone: (817) 222-4130; email: jacob.fitch@faa.gov.

EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020-0246, dated November 10, 2020 (EASA AD 2020-0246), to correct an unsafe condition for certain Airbus Helicopters Deutschland GmbH, formerly Eurocopter Deutschland GmbH Model MBB-BK 117 D-2 helicopters.

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Helicopters Deutschland GmbH Model MBB-BK 117 D-2 helicopters. The NPRM published in the Federal Register on September 14, 2021 (86 FR 51042). The NPRM was prompted by a report of chafing marks on a wiring harness near the locking washer of the lateral control rod. The NPRM proposed to require an inspection of the wiring harness and the routing of the wiring harness and corrective actions if necessary, as specified in EASA AD 2020-0246.

The FAA is issuing this AD to address chafing marks on a wiring harness near the locking washer of the lateral control rod. The unsafe condition, if not addressed, could result in in-flight loss of the hoist load and possible personal injury, or could generate a burning smell and possible need for the flight crew to implement the applicable emergency procedure. See EASA AD 2020-0246 for additional background information.

The FAA received no comments on the NPRM or on the determination of the costs.

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. Except for minor editorial changes, this AD is adopted as proposed in the NPRM.

EASA AD 2020-0246 requires an inspection of the wiring harness and the routing of the wiring harness for discrepancies (includes damaged wire harnesses and insufficient clearances) and corrective actions (includes repair of wire harnesses and re-routing the wire harness) if necessary, and an update of the Aircraft Maintenance Programme (AMP) to incorporate certain tasks. 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.

EASA AD 2020-0246 requires revising the “Aircraft Maintenance Programme (AMP),” whereas this proposed AD would not because not all U.S. operators are required to have a maintenance program.

The FAA estimates that this AD affects 31 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.

The FAA estimates the following costs to do any necessary repairs and re-routing that would be required based on the results of the inspection. The agency has no way of determining the number of aircraft that might need these repairs:

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.

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.

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

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

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