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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0430; Project Identifier MCAI-2022-01092-R;
Amendment 39-22378; AD 2023-05-09]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters Deutschland GmbH
(AHD) Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for all
Airbus Helicopters Deutschland GmbH (AHD) Model EC135P3 and EC135T3
helicopters with Helionix installed, and Model MBB-BK 117 D-2 and MBB-
BK 117 D-3 helicopters. This AD was prompted by multiple reports of
multi-function display (MFD) failures. This AD requires revising the
existing Rotorcraft Flight Manual (RFM) for your helicopter. This AD
also requires repetitively inspecting the MFD, and depending on the
results, installing placards and limiting the operation of the
helicopter, and taking other corrective action, 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 becomes effective March 31, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 31,
2023.
The FAA must receive comments on this AD by May 1, 2023.
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-2023-0430; 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 listed above.
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 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-2023-0430.
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/helicopters/
services/technical-support.html. You may also view this
service information at the FAA contact information under Material
Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager,
COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone (817) 222-5110; email kristin.bradley@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued two EASA ADs with the most recent being EASA
AD 2022-0168, dated August 12, 2022 (EASA AD 2022-0168), to correct an
unsafe condition for Airbus Helicopters Deutschland GmbH Model EC135
P3H, EC135 T3H, EC635 P3H, EC635 T3H, MBB-BK117 D-2, MBB-BK117 D-3, and
MBB-BK117 D-3m helicopters; and Airbus Helicopters Model EC 175 B and
H160-B helicopters.
EASA AD 2022-0168 superseded EASA AD 2022-0143, dated July 8, 2022
(EASA AD 2022-0143). EASA AD 2022-0143 was prompted by reports where
all MFDs failed on an MBB-BK117 D-3 helicopter. An investigation
determined that a deficiency in the Ethernet network management of the
Integrated Modular Avionics (IMA) suite led to the failures of the
MFDs. To address this unsafe condition, EASA issued EASA AD 2022-0143,
which required repetitive checks (inspections) of the functional status
of the IMA Ethernet network and, depending on the results, certain
corrective action(s), which may include an operational limitation. This
operational limitation, if required, prohibited the operation of a
helicopter in Instrument Meteorological Conditions (IMC) and Night
Visual Meteorological Conditions (VMC); and required installation of a
placard on the instrument panel.
After EASA issued EASA AD 2022-0143, Airbus Helicopters developed
an RFM emergency procedure to provide instruction, which is to be
applied in case of loss of all MFD function; therefore, EASA issued
superseding EASA AD 2022-0168 to retain the requirements of EASA AD
2022-0143 and also require incorporating the RFM emergency procedure.
EASA AD 2022-0168 is considered to be an interim action and states that
further AD action may follow.
The FAA is issuing this AD to address possible loss of MFD function
which results in the unexpected loss of display of important flight
parameters to the pilots, which could lead to loss of control of the
helicopter. See EASA AD 2022-0168 for additional background
information.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0168 requires repetitively testing several components
of the IMA suite and depending on the
results, troubleshooting is required. Depending on the results of the
troubleshooting procedure, EASA AD 2022-0168 also requires implementing
certain operational limitations and installing a placard in the
cockpit. Lastly, EASA AD 2022-0168 also requires revising the RFM to
incorporate emergency procedures in the event of MFD failure displayed
on all MFDs.
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)
EC135H-05A-001, ASB MBB-BK117 D-3-05A-001, and ASB MBB-BK117 D-2-05A-
003, each Revision 0 and each dated July 7, 2022. This service
information specifies procedures for checking the Ethernet connection
of equipment with the MFDs and, if necessary, specifies the operation
limitation and installation of the placard in the cockpit of the
applicable model helicopter.
The FAA also reviewed Airbus Helicopters Safety Information Notice
(SIN) No. 3838-S-42, Revision 0, dated October 26, 2022. This SIN
provides additional background information and supplementary notes and
recommendations regarding MFD failure during flight.
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 issuing this AD after
evaluating all pertinent information and determining that the unsafe
condition exists and is likely to exist or develop on other helicopters
of the same type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2022-0168, described previously, 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.''
This AD also requires revising the existing RFM for your
helicopter. Revising the existing RFM for your helicopter by updating
the emergency procedures section may be performed by the owner/operator
(pilot) holding at least a private pilot certificate and must be
entered into the aircraft records showing compliance with this AD 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.
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,
EASA AD 2022-0168 is incorporated by reference in this FAA final rule.
Service information referenced in EASA AD 2022-0168 is available at
regulations.gov under Docket No. FAA-2023-0430.
Differences Between This AD and the EASA AD
EASA AD 2022-0168 applies to Airbus Helicopters Deutschland GmbH
Model EC635 P3H, EC635 T3H, and MBB-BK117 D-3m helicopters and Airbus
Helicopters Model EC 175B and H160-B helicopters. This AD does not
apply to those model helicopters because those models are not FAA type-
certificated. EASA AD 2022-0168 also applies to Airbus Helicopters
Deutschland GmbH Model EC135 P3H and EC135 T3H helicopters. This AD
applies to Airbus Helicopters Deutschland GmbH (AHD) Model EC135P3 and
EC135T3 helicopters with Helionix installed instead because helicopters
with an EC135P3H or EC135T3H designation are Model EC135P3 helicopters
or Model EC135T3 helicopters with Helionix installed, respectively.
EASA AD 2022-0168 requires revising the emergency procedures
section of the existing RFM for your helicopter to specify that a pilot
``land as soon as practicable'' in the event there is MFD failure on
all MFDs, whereas this AD requires revising the emergency procedures
section of the existing RFM for your helicopter to specify that a pilot
``land as soon as possible'' in the event there is MFD failure on all
MFDs.
This AD allows the owner/operator (pilot) holding at least a
private pilot certificate to revise the existing RFM for your
helicopter and do the logbook entry, whereas EASA AD 2022-0168 does not
specify this. This AD requires these actions to be entered into the
aircraft records showing compliance with this AD 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.
EASA AD 2022-0168 requires certain operational and maintenance mode
test procedure checks, and checking certain wires, whereas this AD
requires operational and maintenance mode test procedure inspections
because those actions must be accomplished by persons authorized under
14 CFR 43.3. Where EASA AD 2022-0168 requires ``installation of a
placard in the cockpit,'' this AD also requires that action be
accomplished by persons authorized under 14 CFR 43.3.
EASA AD 2022-0168 requires operators to ``inform all flight crews''
of the operational limitation as defined in EASA AD 2022-0168 and,
thereafter, to ``operate the helicopter accordingly.'' However, this AD
does not specifically require those actions. FAA regulations mandate
compliance with placards; therefore, it is not necessary to include a
requirement in this AD to ``operate the helicopter accordingly.''
Furthermore, compliance with an AD requirement to ``inform all flight
crews'' of the additional operational limitation is impracticable to
demonstrate or track on an ongoing basis; therefore, a requirement to
inform all flight crews of an additional operational limitation is
unenforceable.
EASA AD 2022-0168 specifies contacting Airbus Helicopters to obtain
approved instructions and accomplishing those instructions, whereas
this AD requires accomplishing corrective action in accordance with a
method approved by the FAA, EASA, or Airbus Helicopters Deutschland
GmbH's EASA Design Organization Approval.
Interim Action
The FAA considers this AD interim action. If further action is
identified, the FAA might consider further rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because the multi-function display is a critical component of the
helicopter and displays vital avionics information to the pilot, and
loss of its functionality could occur during any phase of flight
without previous indication. The FAA also has no information as to how
quickly this condition may propagate into failure. In light of this,
the initial inspection must be accomplished within 55 hours time-in-
service after the effective date of this AD. Based on the average
flight-hour utilization rates of these helicopters, some of these
helicopters could reach the compliance time for the initial
requirements within about two months. Therefore, the compliance time
for the required actions is shorter than the time necessary for the
public to comment and for publication of the final rule. Accordingly,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-0430; Project Identifier MCAI-
2022-01092-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Kristi
Bradley, Program Manager, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., 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.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 97 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.
Inspecting the Ethernet connectivity of the IMA suite takes up to
0.25 work-hour for an estimated cost of up to $21 per helicopter and
$2,037 for the U.S. fleet per inspection cycle.
If necessary, troubleshooting the components of the IMA suite takes
up to 12 work-hours for an estimated cost of up to $1,020 per
helicopter. Additionally, during troubleshooting, you may incur the
following costs:
If necessary, repairing the IMA suite cables takes up to 25 work-
hours for an estimated cost of up to $2,125 per cable repair.
If necessary, replacing the data transfer device (DTD) takes about
2 work-hours and parts cost about $18,711 for an estimated cost of
$18,881 per DTD replacement.
If necessary, replacing the airborne communication server (ACS)
takes about 6 work-hours and parts cost $35,702 for an estimated cost
of $36,212 per ACS replacement.
If necessary, replacing a dynamic monitoring acquisition unit
(DMAU) takes about 5 work-hours and parts cost about $66,457 for an
estimated cost of $66,882 per replacement.
If necessary, replacing an MFD takes about 8 work-hours and parts
cost about $71,296 for an estimated cost of $71,976 per replacement.
If necessary, replacing the aircraft management computer (AMC)
takes about 10 work-hours and parts cost about $92,051 for an estimated
cost of $92,901 per replacement.
If necessary, installing placards on the instrument panel would
take about 1 work-hour and parts cost a nominal amount for an estimated
cost of $85 per helicopter.
The FAA has no data to estimate the costs to accomplish approved
repairs based on the results of the inspections and the FAA has no data
to determine the number of helicopters that might need repair.
Revising the existing RFM for your helicopter takes about 0.25
work-hour for an estimated cost of $21 per helicopter and $2,037 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, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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