[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Proposed Rules]
[Pages 17348-17351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04953]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0462; Project Identifier MCAI-2022-00523-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-11-17 and AD 2021-11-22, which apply to all Airbus Helicopters 
Deutschland GmbH (AHD) Model EC135P1, EC135P2, EC135P2+, EC135P3, 
EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. AD 2021-11-17 
requires a one-time visual inspection of certain part-numbered main 
rotor actuators (MRAs). AD 2021-11-22 requires revising the life limits 
of certain parts and removing each part that has reached its life 
limit. Since the FAA issued those ADs, it was determined that 
repetitive inspections of the MRAs are necessary, new and more 
restrictive tasks and limitations have been issued, and that it is 
necessary to expand the applicability. This proposed AD would continue 
to require the actions required by AD 2021-11-17 and AD 2021-11-22, 
except this proposed AD would require changing the one-time MRA 
inspection to a repetitive inspection and incorporating other new and 
more restrictive tasks and limitations by revising the airworthiness 
limitations section (ALS) of the existing helicopter maintenance manual 
or instructions for continued airworthiness and the existing approved 
maintenance or inspection program, as applicable. This proposed AD 
would also expand the applicability by adding Model EC635T2+ 
helicopters. These actions are 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.

[[Page 17349]]


DATES: The FAA must receive comments on this proposed AD by April 25, 
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-2024-0462; 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, 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 NPRM, 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-2024-0462.
    Other Related Service Information: For Airbus service information 
identified in this NPRM, contact Airbus Helicopters, 2701 North Forum 
Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-
0323; fax (972) 641-3775; or website 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: Joe Salameh, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
(206) 231-3536; 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 ADDRESSES. Include ``Docket No. FAA-2024-0462; Project Identifier 
MCAI-2022-00523-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 
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 Joe 
Salameh, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone (206) 231-3536; email 
[email protected]. Any commentary that the FAA receives that is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued AD 2021-11-17, Amendment 39-21579 (86 FR 31087, June 
11, 2021) (AD 2021-11-17), for all Airbus Helicopters Deutschland GmbH 
(AHD) Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, 
EC135T2+, and EC135T3 helicopters. AD 2021-11-17 requires a one-time 
visual inspection of the MRA. The FAA issued AD 2021-11-17 to prevent 
failure of the MRA and subsequent loss of control of the helicopter.
    The FAA issued AD 2021-11-22, Amendment 39-21584 (86 FR 31101, June 
11, 2021) (AD 2021-11-22), for Airbus Helicopters Deutschland GmbH 
Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, 
and EC135T3 helicopters. AD 2021-11-22 requires revising the life limit 
of certain parts and removing from service each part that has reached 
its life limit. The FAA issued AD 2021-11-22 to prevent certain parts 
from remaining in service beyond their fatigue life, resulting in 
failure of the part and subsequent loss of control of the helicopter.

Actions Since AD 2021-11-17 and AD 2021-11-22 Were Issued

    Since the FAA issued AD 2021-11-17 and AD 2021-11-22, EASA, which 
is the Technical Agent for the Member States of the European Union, has 
issued EASA AD 2022-0067, dated April 13, 2022 (EASA AD 2022-0067), 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. You may examine EASA AD 2022-0067 in the AD 
docket at regulations.gov under Docket No. FAA-2024-0462.
    Since the FAA issued AD 2021-11-17 and AD 2021-11-22, the FAA has 
also determined that it is necessary to expand the applicability by 
adding Model EC635T2+ helicopters. While the FAA type certificate data 
sheet for this model helicopter notes that import of this model 
helicopter is limited to serial number 0858 and that no other serial 
numbers are eligible for conversion and import, notes in a type 
certificate data sheet can change. Additionally, because the unsafe 
condition is likely to exist or develop on Model EC635T2+ helicopters, 
the FAA must issue an AD that applies to this model helicopter.
    This proposed AD was prompted by new and more restrictive tasks and 
airworthiness limitations and the determination to expand the 
applicability. The FAA is proposing this AD to prevent failure of 
certain parts, which, if not addressed, could result in subsequent loss 
of control of the helicopter.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0067 requires replacing components before exceeding 
their life limits and accomplishing maintenance tasks within thresholds

[[Page 17350]]

and intervals specified in the applicable ALS as defined in EASA AD 
2022-0067. Depending on the results of the maintenance tasks, EASA AD 
2022-0067 requires accomplishing corrective action(s) or contacting AHD 
[Airbus Helicopters Deutschland GmbH AHD] for approved instructions and 
accomplishing those instructions. EASA AD 2022-0067 also requires 
revising the Aircraft Maintenance Programme (AMP) by incorporating the 
limitations, tasks, and associated thresholds and intervals described 
in the specified ALS as applicable to helicopter model and 
configuration. Revising the AMP constitutes terminating action for the 
requirements to replace components before exceeding their life limits 
and accomplish maintenance tasks within thresholds and intervals 
specified in the applicable ALS as required by EASA AD 2022-0067.
    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 also reviewed Airbus Chapter 04 ALS for EC135 P1, P2, P3, 
T1, T2, T3, limited to CDS, CPDS, P2+, T2+ helicopters, Revision 2, 
dated April 6, 2021, and Airbus Chapter 04 ALS for EC135 P3H and T3H 
helicopters, Revision 2, dated April 6, 2021. This service information 
specifies airworthiness limitations, tasks, and associated thresholds 
and intervals for various parts. Revision 2 of this service information 
specifies various updates for certain components.

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 proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other helicopters of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0067, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed 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, the 
FAA proposes to incorporate EASA AD 2022-0067 by reference in the FAA 
final rule. Using common terms that are the same as the heading of a 
particular section in EASA AD 2022-0067 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 2022-
0067. Service information referenced in EASA AD 2022-0067 for 
compliance will be available at regulations.gov under Docket No. FAA-
2024-0462 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2022-0067 applies to Model EC635 P2+, EC635 P3, EC635 T1, 
and EC635 T3 helicopters, whereas this proposed AD would not because 
these model helicopters are not FAA type-certificated.
    EASA AD 2022-0067 requires replacing certain components before 
exceeding applicable life limits, accomplishing certain maintenance 
tasks within thresholds and intervals as specified in the ALS, as 
defined within, and depending on the results, accomplishing corrective 
action within the compliance time specified in that ALS. EASA AD 2022-
0067 also requires revising the approved AMP to incorporate the 
limitations, tasks, and associated thresholds and intervals described 
in that ALS within 12 months after its effective date. Whereas, this 
proposed AD would require revising existing documents and programs 
within 30 days to incorporate the limitations, tasks, and associated 
thresholds and intervals described in that ALS, and clarifies that if 
the initial instance of an incorporated limitation or threshold therein 
is reached before 30 days after the effective date of the final rule of 
this proposed AD, you still have up to 30 days after the effective date 
of the final rule of this proposed AD to accomplish the corresponding 
task.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 272 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 proposed AD.
    Revising the ALS of the existing helicopter maintenance manual or 
instructions for continued airworthiness for your helicopter and the 
existing approved maintenance or inspection program for your 
helicopter, as applicable, would take approximately 2 work-hours, for 
an estimated cost of $170 per helicopter and $46,240 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

    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.

[[Page 17351]]

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:
0
a. Removing airworthiness directive (AD) 2021-11-17, Amendment 39-21579 
(86 FR 31087, June 11, 2021); and AD 2021-11-22, Amendment 39-21584 (86 
FR 31101, June 11, 2021); and
0
b. Adding the following new AD:

Airbus Helicopters Deutschland GmbH (AHD): Docket No. FAA-2024-0462; 
Project Identifier MCAI-2022-00523-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 25, 2024.

(b) Affected ADs

    This AD replaces AD 2021-11-17, Amendment 39-21579 (86 FR 31087, 
June 11, 2021), and AD 2021-11-22, Amendment 39-21584 (86 FR 31101, 
June 11, 2021).

    Note 1 to paragraph (b): The requirements of this AD capture the 
latest tasks and life limits required to prevent the unsafe 
conditions addressed by the ADs that are identified in paragraph (b) 
of this AD.

(c) Applicability

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

    Note 2 to paragraph (c):  Helicopters with an EC135P3H 
designation are Model EC135P3 helicopters, and helicopters with an 
EC135T3H designation are Model EC135T3 helicopters.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6310, Main Rotor 
Control.

(e) Unsafe Condition

    This AD was prompted by new and more restrictive airworthiness 
limitations. The FAA is issuing this AD to prevent failure of 
certain parts, which if not addressed, could result in subsequent 
loss of control of the helicopter.

(f) Compliance

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

(g) Required Action

    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 
2022-0067, dated April 13, 2022 (EASA AD 2022-0067).

(h) Exceptions to EASA AD 2022-0067

    (1) Where EASA AD 2022-0067 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the requirements specified in 
paragraphs (1), (2), (4), and (5) of EASA AD 2022-0067.
    (3) Where paragraph (3) of EASA AD 2022-0067 specifies ``Within 
12 months after the effective date of this AD, revise the approved 
AMP,'' this AD requires replacing that text with ``Within 30 days 
after the effective date of this AD, revise the airworthiness 
limitations section of your existing helicopter maintenance manual 
or instructions for continued airworthiness and your existing 
approved maintenance or inspection program, as applicable.''
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2022-0067 is on or before the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2022-0067, or within 30 
days after the effective date of this AD, whichever occurs later.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0067.

(i) Provisions for Alternative Actions and Intervals

    No alternative actions and associated thresholds and intervals, 
including life limits, are allowed for compliance with paragraph (g) 
of this AD unless they are approved as specified in the provisions 
of the ``Ref. Publications'' section of EASA AD 2022-0067.

(j) Special Flight Permits

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199, provided no passengers are onboard.

(k) 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 (l) 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.

(l) Related Information

    For more information about this AD, contact Joe Salameh, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone (206) 231-3536; email 
[email protected].

(m) 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 2022-0067, 
dated April 13, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0067, contact EASA, 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 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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on March 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-04953 Filed 3-8-24; 8:45 am]
BILLING CODE 4910-13-P