[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79420-79423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22349]


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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; 
Amendment 39-22826; AD 2024-17-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-11-17 
and AD 2021-11-22, which applied to all Airbus Helicopters Deutschland 
GmbH (AHD) Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, 
EC135T2+, EC135T3 and EC635T2 helicopters. AD 2021-11-17 required a 
one-time visual inspection of certain part-numbered main rotor 
actuators (MRAs). AD 2021-11-22 required revising the life limits of 
certain parts and removing each part that had 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 AD continues to require the actions required by 
AD 2021-11-17 and AD 2021-11-22, except this AD requires 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 AD also expands the applicability by adding Model EC635T2+ 
helicopters. These actions are 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.

[[Page 79421]]


DATES: This AD is effective November 4, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as November 4, 
2024.

ADDRESSES: 
    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 final rule, the mandatory continuing airworthiness 
information (MCAI), 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.
    Material Incorporated by Reference:
    <bullet> For EASA material identified in this AD, contact Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; 
email: <a href="/cdn-cgi/l/email-protection#66272215260307150748031314091607480313"><span class="__cf_email__" data-cfemail="f8b9bc8bb89d998b99d69d8d8a978899d69d8d">[email protected]</span></a>; website: easa.europa.eu. You may find the 
EASA material on the EASA website at ad.easa.europa.eu.
    <bullet> 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. It is also available in the 
AD docket at regulations.gov under Docket No. FAA 2024-0462.

FOR FURTHER INFORMATION CONTACT: Joe Salameh, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (206) 
231-3536; email: <a href="/cdn-cgi/l/email-protection#99f3f6fcb7eaf8f5f8f4fcf1d9fff8f8b7fef6ef"><span class="__cf_email__" data-cfemail="4822272d663b292429252d20082e2929662f273e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-11-17, Amendment 39-21579 (86 FR 
31087, June 11, 2021) (AD 2021-11-17), and AD 2021-11-22, Amendment 39-
21584 (86 FR 31101, June 11, 2021) (AD 2021-11-22). AD 2021-11-17 and 
AD 2021-11-22 applied to all Airbus Helicopters Deutschland GmbH (AHD) 
Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, 
and EC135T3 helicopters. AD 2021-11-17 required a one-time visual 
inspection of the MRA, and AD 2021-11-22 required revising the life 
limit of certain parts and removing from service each part that had 
reached its life limit. The FAA issued AD 2021-11-17 to prevent failure 
of the MRA and subsequent loss of the control of the helicopter. 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.
    The NPRM published in the Federal Register on March 11, 2024 (89 FR 
17348). The NPRM was prompted by EASA AD 2022-0067, dated April 13, 
2022 (EASA AD 2022-0067) (referred to after this as the MCAI), issued 
by EASA, which is the Technical Agent for the Member States of the 
European Union. The MCAI states that repetitive inspections of MRA are 
necessary.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0462.
    In the NPRM, the FAA proposed to continue to require the actions 
required by AD 2021-11-17 and AD 2021-11-22, except the NPRM proposed 
to require changing the one-time MRA inspection to a repetitive 
inspection and incorporating other new and more restrictive tasks and 
limitations by revising the ALS of the existing helicopter maintenance 
manual or instructions for continued airworthiness and the existing 
approved maintenance or inspection program, as applicable. The NPRM 
also proposed to expand the applicability by adding Model EC635T2+ 
helicopters.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 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 products. Except for minor editorial changes, this AD is 
adopted as proposed in the NPRM.

Material Incorporated by Reference Under 1 CFR Part 51

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

    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 material specifies 
airworthiness limitations, tasks, and associated thresholds and 
intervals for various parts. Revision 2 of this material specifies 
various updates for certain components.

Differences Between This AD and the EASA AD

    EASA AD 2022-0067 applies to Model EC635 P2+, EC635 P3, EC635 T1, 
and EC635 T3 helicopters, whereas this AD does 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 AD 
requires revising existing documents and programs within 30 days to 
incorporate the limitations, tasks, and

[[Page 79422]]

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 
this AD, you still have up to 30 days after the effective date of this 
AD to accomplish the corresponding task.

Costs of Compliance

    The FAA estimates that this AD affects 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 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, takes 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 has determined that 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,
    (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:

0
a. Removing Airworthiness Directives (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:

2024-17-01 Airbus Helicopters Deutschland GmbH (AHD): Amendment 39-
22826; Docket No. FAA-2024-0462; Project Identifier MCAI-2022-00523-
R.

(a) Effective Date

    This airworthiness directive (AD) is effective November 4, 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;'' for this AD, replace 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: <a href="/cdn-cgi/l/email-protection#457c6804131668040c17687276756804080a06052324246b222a33"><span class="__cf_email__" data-cfemail="ecd5c1adbabfc1ada5bec1dbdfdcc1ada1a3afac8a8d8dc28b839a">[email protected]</span></a>.

[[Page 79423]]

    (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; phone: (206) 231-3536; email: 
<a href="/cdn-cgi/l/email-protection#8fe5e0eaa1fceee3eee2eae7cfe9eeeea1e8e0f9"><span class="__cf_email__" data-cfemail="c4aeaba1eab7a5a8a5a9a1ac84a2a5a5eaa3abb2">[email protected]</span></a>.

(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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0067, 
dated April 13, 2022.
    (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: <a href="/cdn-cgi/l/email-protection#1f5e5b6c5f7a7e6c7e317a6a6d706f7e317a6a"><span class="__cf_email__" data-cfemail="aeefeaddeecbcfddcf80cbdbdcc1decf80cbdb">[email protected]</span></a>; website: easa.europa.eu. You may 
find this 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 <a href="/cdn-cgi/l/email-protection#3452461a5d5a47445157405d5b5a745a5546551a535b42"><span class="__cf_email__" data-cfemail="1472663a7d7a67647177607d7b7a547a7566753a737b62">[email protected]</span></a>.

    Issued on September 18, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-22349 Filed 9-27-24; 8:45 am]
BILLING CODE 4910-13-P


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