[Federal Register Volume 89, Number 43 (Monday, March 4, 2024)]
[Rules and Regulations]
[Pages 15431-15434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04589]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 43 / Monday, March 4, 2024 / Rules 
and Regulations  

[[Page 15431]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0453; Project Identifier MCAI-2024-00068-R; 
Amendment 39-22689; AD 2024-04-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1, EC135P2, 
EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T2, EC135T3, and 
EC635T2+ helicopters. This AD was prompted by a report of a separated 
tail rotor (T/R) blade due to a crack which was caused by intergranular 
corrosion. This AD requires repetitively inspecting certain part-
numbered T/R blades for a crack and, depending on the results, removing 
any cracked T/R blade from service. This AD also prohibits installing 
certain T/R blades on any helicopter unless certain requirements are 
met. These actions are specified in a European Union Aviation Safety 
Agency (EASA) emergency 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 March 19, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 19, 
2024.
    The FAA must receive comments on this AD by April 18, 2024.

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-2024-0453; 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 emergency AD, 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 final rule, contact 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +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. The EASA material is also 
available at regulations.gov under Docket No. FAA-2024-0453.
    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; phone (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; telephone 
(303) 342-1080; email [email protected].

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-2024-0453; Project Identifier MCAI-
2024-00068-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 Dan 
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone (303) 342-1080; email 
[email protected]. Any commentary that the FAA receives which 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 Emergency AD

[[Page 15432]]

2024-0028-E, dated January 25, 2024 (EASA AD 2024-0028-E), to correct 
an unsafe condition on Airbus Helicopters Deutschland GmbH Model EC135 
P1, EC135 P2, EC135 P2+, EC135 P3, EC135 T1, EC135 T2, EC135 T2+, EC135 
T3, EC635 P2+, EC635 P3, EC635 T1, EC635 T2+, and EC635 T3 helicopters.
    This AD was prompted by a report of increased vibrations of the T/R 
which was the result of a separated T/R blade due to a crack on the T/R 
assembly. Further investigation determined that the affected parts can 
be subject to intergranular corrosion, possibly leading to cracks. The 
FAA is issuing this AD to detect and address cracks in the affected T/R 
blades. The unsafe condition, if not addressed, could result in 
separation of a T/R blade assembly and subsequent reduced control of 
the helicopter.
    You may examine the EASA AD in the AD docket at regulations.gov 
under Docket No. FAA-2024-0453.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2024-0028-E, which specifies procedures 
for repetitively inspecting affected T/R blades for a crack and if a 
crack is detected, replacing the affected T/R blade with a serviceable 
part as defined in EASA AD 2024-0028-E. EASA AD 2024-0028-E also 
specifies that installing an affected part is allowed provided that it 
is a serviceable part as defined in EASA AD 2024-0028-E. Lastly, EASA 
AD 2024-0028-E also specifies that replacing an affected T/R blade 
assembly with an eligible T/R blade assembly that is not an affected 
part constitutes terminating action for certain repetitive inspections.
    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 ADDRESSES.

Other Related Service Information

    The FAA also reviewed Airbus Helicopters Emergency Alert Service 
Bulletin No. EC135-64-11-0001, Issue 001, dated January 25, 2024. This 
service information specifies procedures for inspecting the T/R blade 
for any crack and replacing the T/R blade if necessary. This service 
information also specifies sending an affected T/R blade along with 
certain information to Airbus Helicopters.

FAA's Determination

    These products have been approved by the 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, it has notified the FAA of the unsafe condition described in 
the EASA emergency AD referenced above. The FAA is issuing this AD 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type designs.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD 
2024-0028-E, 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.''

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 2024-0028-E is incorporated by reference in this FAA final 
rule. This AD, therefore, requires compliance with EASA AD 2024-0028-E 
in its entirety through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this AD. Using 
common terms that are the same as the heading of a particular section 
in EASA AD 2024-0028-E does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in EASA AD 2024-0028-E. Service information 
referenced in EASA AD 2024-0028-E for compliance will be available at 
regulations.gov under Docket No. FAA-2024-0453 after this final rule is 
published.

Differences Between This AD and the EASA AD

    EASA AD 2024-0028-E applies to Airbus Helicopters Model EC635 P2+, 
EC635 P3, EC635 T1, and EC635 T3 helicopters, whereas this AD does not 
because these models are not FAA type-certificated.
    The service information referenced in EASA AD 2024-0028-E specifies 
inspecting for cracks by performing either a dye-penetrant inspection, 
eddy current inspection, or fluorescent penetrant inspection, whereas 
this AD does not. Instead, this AD requires inspecting for cracks using 
a fluorescent penetrant inspection or eddy current inspection, 
performed by a Level II or Level III inspector certified in the FAA-
acceptable standards for nondestructive inspection personnel.
    Where the service information referenced in EASA AD 2024-0028-E 
specifies reporting certain information and returning an unserviceable 
part to Airbus Helicopter, this AD does not require these actions.

Interim Action

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

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 forgoing notice and comment prior to adoption of this rule 
because each T/R blade is critical to the control of a helicopter and 
the FAA also has no information pertaining to how quickly a cracked T/R 
blade may propagate to failure. Additionally, affected T/R blades are 
installed on high usage helicopters, which could increase the 
likeliness of occurrence of a failure. In light of this, the initial 
action required by this AD must be accomplished before further flight 
or within 10 hours time-in-service for some helicopters, which 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

[[Page 15433]]

less than 30 days, for the same reasons the FAA found good cause to 
forgo notice and comment.

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 363 helicopters of U.S. 
registry. Labor costs are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD.
    Inspecting an affected T/R blade assembly for any crack takes up to 
3 work-hours and parts cost approximately $50 for an estimated cost of 
up to $3,050 per helicopter (there may be up to 10 affected T/R blades 
per helicopter) and up to $1,107,150 for the U.S. fleet, per inspection 
cycle. Replacing a T/R blade takes approximately 3 work-hours and parts 
cost approximately $4,900 for an estimated cost of $5,155 per T/R 
blade.

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, 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

0
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:

2024-04-10 Airbus Helicopters Deutschland GmbH (AHD): Amendment 39-
22689; Docket No. FAA-2024-0453; Project Identifier MCAI-2024-00068-
R.

(a) Effective Date

    This airworthiness directive (AD) is effective March 19, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH (AHD) 
Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, 
EC135T2+, EC135T2, EC135T3, and EC635T2+ helicopters, certificated 
in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6410, Tail Rotor 
Blades.

(e) Unsafe Condition

    This AD was prompted by a report of a separated tail rotor (T/R) 
blade due to a crack which was caused by intergranular corrosion. 
The FAA is issuing this AD to detect and address cracks in affected 
T/R blades. The unsafe condition, if not addressed, could result in 
separation of a T/R blade assembly and subsequent reduced control of 
the helicopter.

(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) 
Emergency AD 2024-0028-E, dated January 25, 2024 (EASA AD 2024-0028-
E).

(h) Exceptions to EASA AD 2024-0028-E

    (1) Where EASA AD 2024-0028-E states ``flight hours (FH)'' and 
``FH;'' for this AD, replace that text with ``hours time-in-service 
(TIS).''
    (2) Where EASA AD 2024-0028-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2024-0028-E states ``Before 
an affected part exceeds 685 FH since first installation on a 
helicopter, or within 10 FH after the effective date of this AD, 
whichever occurs later;'' for this AD, replace that text with 
``Before an affected part, as defined in EASA AD 2024-0028-E, 
accumulates 685 total hours TIS, or within 10 hours TIS after the 
effective date of this AD, whichever occurs later, and if the total 
hours TIS accumulated on an affected part, as defined in EASA AD 
2024-0028-E, is unknown, before further flight after the effective 
date of this AD.''
    (4) Where paragraph (2) of EASA AD 2024-0028-E states 
``following the installation of an affected part, having accumulated 
685 FH or more since first installation on a helicopter, inspect 
that affected part in accordance with the instructions of the ASB 
within the interval as defined in Table 2 of this AD, as applicable. 
Thereafter, that affected part must be inspected as required by 
paragraph (1) of this AD;'' for this AD, replace that text with ``do 
not install an affected part, as defined in EASA AD 2024-0028-E, 
unless that affected part has been inspected in accordance with the 
instructions of the ASB as specified in paragraph (h)(4)(i) or (ii) 
of this AD, as applicable.
    (i) For an affected part that has accumulated 685 or more total 
hours TIS since first installation on any helicopter, before further 
flight after the effective date of this AD, inspect that affected 
part unless already done within the interval as defined in Table 2 
of EASA AD 2024-0028-E, as applicable, and thereafter inspect that 
affected part within the interval as defined in Table 1 of EASA AD 
2024-0028-E, as applicable.
    (ii) For an affected part that has accumulated an unknown number 
of total hours TIS, before further flight after the effective date 
of this AD, inspect that affected part and thereafter inspect that 
affected part within the interval as defined in Table 1 of EASA AD 
2024-0028-E, as applicable.''
    (5) Instead of complying with paragraph (3) of EASA AD 2024-
0028-E, for this AD, comply with the following: ``As a result of an 
inspection required by paragraphs (1) or (2) of EASA AD 2024-0028-E, 
if there is a crack, before further flight, remove the affected 
part, as defined in EASA AD 2024-0028-E, from service and replace it 
with a serviceable part, as defined in EASA AD 2024-0028-E, by 
following the instructions of the ASB.''
    (6) Where the service information referenced in EASA AD 2024-
0028-E

[[Page 15434]]

specifies ``Examine the TRB (1) within the AFFECTED AREA (2) for 
cracks with one of the following methods;'' for this AD, replace 
that text with ``Examine the TRB (1) within the AFFECTED AREA (2) 
for any crack by following Method C or Method D.''
    Note 1 to paragraph (h)(6): This note applies to paragraphs 
(h)(6) and (7) of this AD. Advisory Circular 65-31B contains 
examples of FAA-acceptable Level II and Level III qualification 
standards criteria for inspection personnel doing nondestructive 
test inspections.
    (7) Where the service information referenced in EASA AD 2024-
0028-E specifies performing an eddy current inspection or a 
fluorescent penetrant inspection (FPI), this AD requires an eddy 
current inspection or FPI performed by a Level II or Level III 
inspector certified in the FAA-acceptable standards for 
nondestructive inspection personnel.
    (8) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0028-E.

(i) No Reporting or Return of Parts

    Although the service information referenced in EASA AD 2024-
0028-E specifies to submit certain information and send removed 
parts to the manufacturer, this AD does not include those actions.

(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 Dan McCully, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone (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 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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) Emergency AD 
2024-0028-E, dated January 25, 2024.
    (ii) [Reserved]
    (3) For EASA AD 2024-0028-E, contact Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +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.
    (4) You may view this service information 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 service information 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 February 23, 2024.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2024-04589 Filed 2-29-24; 4:15 pm]
BILLING CODE 4910-13-P