[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Rules and Regulations]
[Pages 51583-51585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18091]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 162 / Tuesday, August 23, 2022 / 
Rules and Regulations  

[[Page 51583]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0510; Project Identifier MCAI-2022-00158-R; 
Amendment 39-22139; AD 2022-17-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1, 
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 
helicopters. This AD was prompted by reports of the air conditioning 
system (ACS) malfunctioning. This AD requires deactivating the ACS and 
prohibits installing the affected 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 September 27, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
27, 2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
final rule, 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 final rule, contact Airbus Helicopters, 
2701 North Forum Drive, Grand Prairie, TX, 75052, United States; phone: 
(972) 641-0000 or (800) 232-0323; 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.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0510; 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.

FOR FURTHER INFORMATION CONTACT: Stephanie Sunderbruch, Aerospace 
Engineer, Safety Risk Management Section, Systems Policy Branch, Policy 
& Innovation Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone (817) 222-4659; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0023, dated February 3, 2022 
(EASA AD 2022-0023), to correct an unsafe condition for certain Airbus 
Helicopters Deutschland GmbH (AHD) (formerly Eurocopter Deutschland 
GmbH, Eurocopter Espa[ntilde]a S.A.) Model EC135 P1, EC135 P2, EC135 
P2+, EC135 P3, EC135 T1, EC135 T2, EC135 T2+, EC135 T3, EC635 T2+, 
EC635 P2+, EC635 P3, EC635 T1, and EC635 T3 helicopters, all variants, 
serial numbers (S/N) from 0008 to 0869 inclusive, except S/N 0831 and 
S/N 0864.
    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 EC135P1, EC135P2, EC135P2+, EC135P3, 
EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters, S/N from 0008 to 
0869 inclusive, except S/N 0831 and S/N 0864. The NPRM published in the 
Federal Register on May 10, 2022 (87 FR 27954). The NPRM was prompted 
by reports of the ACS malfunctioning; investigation into the 
malfunction has identified that certain ACS soft start units are the 
root cause. The NPRM proposed to require deactivating the ACS and 
prohibit installing the affected parts, as specified in EASA AD 2022-
0023.
    The FAA is issuing this AD to prevent possible overheating of the 
ACS. See EASA AD 2022-0023 for additional background information.

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. However, after the NPRM was issued, the 
FAA determined that the unsafe condition statement was misleading in 
that a malfunctioning ACS would not result in reduced helicopter 
control. Although overheating of the ACS could result in an overvoltage 
of the ACS and subsequent failure of the electrical system segment 
connected to the ACS, there is robust separation of the system I and 
system II DC power buses and both systems provide electrical redundancy 
for flight critical systems. Any over-voltage on the system II side 
(which occurred for this safety issue) cannot lead to an event 
classified as hazardous (HAZ) or catastrophic (CAT) due to the 
separation of DC power supply paths and electrical redundancy. Instead, 
the FAA has determined that the unsafe condition could result in 
increased pilot workload and has revised this AD accordingly. Except 
for this and other minor editorial changes, this AD is adopted as 
proposed in the

[[Page 51584]]

NPRM. None of the changes will increase the economic burden on any 
operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0023 requires deactivating the ACS soft start unit 
part number (P/N) ES59185-2 on helicopters with a compressor/condenser 
pallet P/N 135-0553-1 or P/N 135-0566-2 installed. EASA AD 2022-0023 
also prohibits installing soft start unit P/N ES59185-2 or a 
compressor/condenser pallet P/N 135-0553-1 or P/N 135-0566-2 on any 
helicopter.
    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 
EC135-21A-024, Revision 0, dated February 2, 2022. This service 
information specifies procedures for deactivating the soft part unit of 
the compressor/condenser pallet and specifies that compressor/condenser 
pallet P/N 135-0553-1 or 135-0566-2 with soft start unit P/N ES59185-2 
installed must not be installed on any helicopter.

Interim Action

    The FAA considers this AD to be an interim action. The design 
approval holder is currently developing a modification that will 
address the unsafe condition identified in this AD. Once this 
modification is developed, approved, and available, the FAA might 
consider additional rulemaking.

Differences Between This AD and the EASA AD

    EASA 2022-0023 applies to Model EC635P2+, EC635P3, EC635T1, 
EC635T2+, and EC635T3 helicopters, whereas this AD does not because 
these models are not FAA type-certificated and are not included on the 
U.S. type certificate data sheet except where the U.S. type certificate 
data sheet explains that the Model EC635T2+ helicopter having serial 
number 0858 was converted from Model EC635T2+ to Model EC135T2+.

Costs of Compliance

    The FAA estimates that this AD affects 341 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.
    Deactivating the ACS takes about 1 work-hour, for an estimated cost 
of $85 per helicopter and up to $28,985 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:

2022-17-01 Airbus Helicopters Deutschland GmbH (AHD): Amendment 39-
22139; Docket No. FAA-2022-0510; Project Identifier MCAI-2022-00158-
R.

(a) Effective Date

    This airworthiness directive (AD) is effective September 27, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (AHD) 
Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, 
EC135T2+, and EC135T3 helicopters, serial numbers (S/N) from 0008 to 
0869 inclusive, except S/N 0831 and S/N 0864, certificated in any 
category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2100, Air 
Conditioning System.

(e) Unsafe Condition

    This AD was prompted by reports of the air conditioning system 
(ACS) malfunctioning. The FAA is issuing this AD to prevent possible 
overheating of the ACS. The unsafe condition, if not addressed, 
could result in an overvoltage of the ACS, resulting in overheating 
of the surrounding area, failure of the helicopter electrical system 
connected to the ACS, and a subsequent loss of electrical power 
which could result in increased pilot workload.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0023, dated February 3, 2022 (EASA AD 2022-0023).

(h) Exceptions to EASA AD 2022-0023

    (1) Where EASA AD 2022-0023 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2022-0023 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2022-0023.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0023 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

[[Page 51585]]

(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. 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

    For more information about this AD, contact Stephanie 
Sunderbruch, Aerospace Engineer, Safety Risk Management Section, 
Systems Policy Branch, Policy & Innovation Division, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-4659; 
email [email protected].

(l) 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 2022-0023, 
dated February 3, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0023, 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.
    (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. This material may be 
found in the AD docket at www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0510.
    (5) You may view this material that is incorporated by reference 
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 August 2, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.

[FR Doc. 2022-18091 Filed 8-22-22; 8:45 am]
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