[Federal Register Volume 90, Number 125 (Wednesday, July 2, 2025)]
[Rules and Regulations]
[Pages 28879-28882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12388]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-1117; Project Identifier MCAI-2025-00845-R;
Amendment 39-23072; AD 2025-13-06]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2,
EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, and EC635T2+
helicopters. This AD was prompted by a report of a loss of the tail
rotor controls due to a broken control rod of the yaw actuator. This AD
requires visual inspection of the ball pivot, fluorescent penetrant
inspection of the control rod, visual inspection and measurement of
certain parts of the yaw actuator assembly, and depending on the
results of these inspections, corrective actions. This AD also
prohibits installing an affected part unless it is a serviceable part
and certain requirements are met. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective July 18, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 18,
2025.
The FAA must receive comments on this AD by August 18, 2025.
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-2025-1117; 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 mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For European Union Aviation Safety Agency (EASA) material
identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone +49 221 8999 000; email: [email protected];
website: easa.europa.eu. You may find the EASA material on the EASA
website at ad.easa.europa.eu. It is also available at regulations.gov
under Docket No. FAA-2025-1117.
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.
FOR FURTHER INFORMATION CONTACT: Steven Warwick, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY; phone:
(817) 222-5225; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments using a method listed under
the ADDRESSES section. Include ``Docket No. FAA-2025-1117; Project
Identifier MCAI-2025-00845-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 Steven
Warwick, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY. 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 AD 2025-0108, dated May 8, 2025 (EASA
AD 2025-0108) (also referred to as the MCAI) 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.
The MCAI states an occurrence was reported where the pilot lost the
tail rotor controls after hearing a noise from the rear of the
helicopter, and further investigation identified a broken control rod
of the yaw actuator. The MCAI also states the investigation to identify
the root cause of the event is ongoing, and Airbus Helicopters
Deutschland GmbH
[[Page 28880]]
is collecting fleet data to support the investigation. According to the
MCAI, the unsafe condition, if not addressed, could lead to loss of
control of the helicopter.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2025-1117.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2025-0108, which specifies procedures for
visual inspection of ball pivot part-number (P/N) 92-201-00 and P/N 92-
207-00; and yaw actuator assembly P/N L672M2005104, P/N L672M2005105,
and P/N L672M2005106; and fluorescent penetrant inspection of control
rod P/N L672M2006101 and P/N L672M2006102 and, depending on the
inspection results, corrective actions to include the replacement of
affected parts. EASA AD 2025-0108 also specifies procedures for
measuring several dimensions and reporting the measurement results.
Additionally, EASA AD 2025-0108 requires reporting the inspection
results (including no findings) to AHD [Airbus Helicopters
Deutschland]. EASA AD 2025-0108 prohibits installing certain parts on
any helicopter unless certain requirements are met. EASA considers its
AD an interim action and further action may follow.
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.
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 MCAI 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 design.
AD Requirements
This AD requires accomplishing the actions specified in EASA AD
2025-0108, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD. See ``Differences Between this AD and the MCAI'' for a
discussion of the general differences included in this 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 2025-0108 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2025-0108 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 2025-0108 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
2025-0108. Material required by EASA AD 2025-0108 for compliance will
be available at regulations.gov under Docket No. FAA-2025-1117 after
this AD is published.
Differences Between This AD and the Referenced Material
The MCAI applies to Model EC635 P2+, EC635 P3, EC635 T1, and EC635
T3 helicopters, whereas this AD does not because those models do not
have an FAA type certificate.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(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 tail rotor controls are critical components to maintaining
controlled flight. Damage to the ball bearing control system could
result in loss of tail rotor controls and consequent loss of control of
the helicopter. The FAA has no information pertaining to the root
cause, the extent of the root cause that may currently exist in
helicopters, or how quickly the root cause may propagate to failure.
Additionally, the compliance time in this AD for the required actions
is within 50 hours time-in-service or 90 days, whichever occurs first,
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).
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 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 318 helicopters of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Inspect ball pivot and control rod........ 2 work-hours x $85 per hour $0 $170 $54,060
= $170.
[[Page 28881]]
Perform fluorescent penetrant inspection.. 2 work-hours x $85 per hour 0 170 54,060
= $170.
Inspect and measure yaw actuator interface 2 work-hours x $85 per hour 0 170 54,060
connections. = $170.
Report inspection results................. 1 work-hour x $85 per hour = 0 85 27,030
$85.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of
helicopters that might need these replacements:
On-Condition Costs
------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
------------------------------------------------------------------------
Replace adapter............... 1 work-hour x $803 $888
$85 per hour =
$85.
Replace ball pivot............ 1 work-hour x 2,846 2,931
$85 per hour =
$85.
Replace close tolerance bolt.. 1 work-hour x 42 127
$85 per hour =
$85.
Replace connector cover....... 1 work-hour x 571 656
$85 per hour =
$85.
Replace control rod........... 1 work-hour x 6,835 6,920
$85 per hour =
$85.
Replace input lever........... 2 work-hours x 9,755 9,925
$85 per hour =
$170.
Replace rod end............... 1 work-hour x 643 728
$85 per hour =
$85.
------------------------------------------------------------------------
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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
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:
2025-13-06 Airbus Helicopters Deutschland GmbH: Amendment 39-23072;
Docket No. FAA-2025-1117; Project Identifier MCAI-2025-00845-R.
(a) Effective Date
This airworthiness directive (AD) is effective July 18, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Deutschland GmbH Model
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+,
EC135T3, and EC635T2+ helicopters, serial numbers 0001 through 1999
inclusive, certificated in any category.
Note 1 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 System Component (JASC) Code 6720, Tail Rotor
Control System.
[[Page 28882]]
(e) Unsafe Condition
This AD was prompted by a report of a loss of tail rotor
controls due to a broken control rod of the yaw actuator. The root
cause of this damage is unknown, and investigation is ongoing. The
FAA is issuing this AD to detect and address damage to the ball
bearing control system. The unsafe condition, if not addressed,
could result in loss of tail rotor controls and consequent loss of
control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency AD 2025-0108,
dated May 8, 2025 (EASA AD 2025-0108).
(h) Exceptions to EASA AD 2025-0108
(1) Where EASA AD 2025-0108 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2025-0108 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraph (2) of EASA AD 2025-0108 specifies ``any
discrepancy, as defined in the ASB'', this AD requires replacing
that text with ``any wear or damage.''
(4) Where the material referenced in EASA AD 2025-0108 specifies
to examine the close-tolerance bolt, the input lever, the rod end,
the adapter, and the connector cover for wear and damage, for the
purposes of this AD damage is defined as specified in paragraphs
(h)(4)(i) through (iv) of this AD, as applicable.
(i) Damage for the close-tolerance bolt is defined as deformed
or stripped, rounded head; bent, stripped, or missing threads; bent
shank; grooves in the shank, corrosion or rust; and gouges.
(ii) Damage for the input lever is defined as deformation or
elongated attachment hole; bent flange; gouges; corrosion; and
cracks.
(iii) Damage for the rod end is defined as corrosion, gouges,
bending, and seizing.
(iv) Damage for the adapter or connector is defined as
deformation, elongated attachment holes, gouges, cracks, corrosion,
and missing surface coating on the adapter or connector.
(5) Where the material referenced in EASA AD 2025-0108 specifies
if the ball pivot shows rough stiffness, hard stops, corrosion, or
damage, for the purposes of this AD damage is defined as deformation
(bent flanges), gouges, areas of bare metal, or missing finish.
(6) Where paragraph (4) of EASA AD 2025-0108 specifies to report
inspection results to Airbus Helicopters Deutschland within certain
compliance times, for this AD, report inspection results at the
applicable times specified in paragraphs (h)(6)(i) or (ii) of this
AD.
(i) For an inspection done on or after the effective date of
this AD: Submit the report within 15 days after the inspection.
(ii) For an inspection done before the effective date of this
AD: Submit the report within 15 days after the effective date of
this AD.
(7) Where the material referenced in EASA AD 2025-0108 specifies
actions for non-installed equipment or parts, this AD does not
require those actions.
(8) Where the material referenced in EASA AD 2025-0108 specifies
to replace an affected part, this AD requires removing an affected
part from service and replacing it with a serviceable part.
(9) This AD does not adopt the Remarks section of EASA AD 2025-
0108.
(i) No Returning Parts Requirement
Although the material referenced in EASA AD 2025-0108 specifies
to return parts to the manufacturer, this AD does not require that
action.
(j) Special Flight Permits
Special flight permits are prohibited.
(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 and email 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) Additional information
For more information about this AD, contact Steven Warwick,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY; phone: (817) 222-5225; email:
[email protected].
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless the AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2025-0108,
dated May 8, 2025.
(ii) [Reserved]
(3) For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: [email protected]; website: easa.europa.eu. You may
find the EASA material on the EASA website at ad.easa.europa.eu.
(4) 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.
(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/ibr-locations or email [email protected].
Issued on June 18, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-12388 Filed 6-30-25; 4:15 pm]
BILLING CODE 4910-13-P