[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Proposed Rules]
[Pages 27954-27956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09683]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Proposed 
Rules

[[Page 27954]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0510; Project Identifier MCAI-2022-00158-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 adopt a new airworthiness directive (AD) 
for certain Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1, 
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 
helicopters. This proposed AD was prompted by reports of the air 
conditioning system (ACS) malfunctioning. This proposed AD would 
require deactivating the ACS and prohibit installing the affected 
parts, as specified in a European Union Aviation Safety Agency (EASA) 
AD, which is proposed for incorporation by reference (IBR). The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 24, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that is proposed for IBR in this NPRM, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#f1b0b582b194908290df9484839e8190df9484"><span class="__cf_email__" data-cfemail="58191c2b183d392b39763d2d2a372839763d2d">[email protected]</span></a>; 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 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 at https://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. The EASA material is 
also available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0510.

Examining the AD Docket

    You may examine the AD docket at https://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 NPRM, the EASA AD, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

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 <a href="/cdn-cgi/l/email-protection#a1f2d5c4d1c9c0cfc8c48fed8ff2d4cfc5c4d3c3d3d4c2c9e1c7c0c08fc6ced7"><span class="__cf_email__" data-cfemail="44173021342c252a2d216a086a17312a202136263631272c042225256a232b32">[email protected]</span></a>.

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-2022-0510; Project Identifier 
MCAI-2022-00158-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 
https://www.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 
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 <a href="/cdn-cgi/l/email-protection#9ac9eeffeaf2fbf4f3ffb4d6b4c9eff4feffe8f8e8eff9f2dafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="f2a18697829a939c9b97dcbedca1879c969780908087919ab2949393dc959d84">[email protected]</span></a>. Any commentary that the FAA 
receives that 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 2022-0023, dated February 3, 2022 
(EASA AD 2022-0023), to correct an unsafe condition for Airbus 
Helicopters Deutschland GmbH (AHD) (formerly Eurocopter Deutschland 
GmbH, Eurocopter Espa[ntilde]a S.A.) Model EC135P1, EC135P2, EC135P2+, 
EC135P3, EC135T1, EC135T2,

[[Page 27955]]

EC135T2+, EC135T3, EC635T2+, EC635P2+, EC635P3, EC635T1, and EC635T3 
helicopters, all variants, serial numbers (S/N) from 0008 to 0869 
inclusive, except S/N 0831 and S/N 0864.
    This proposed AD 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 FAA is proposing this AD to address 
malfunctioning ACSs. 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 and reduced helicopter control. See 
EASA AD 2022-0023 for additional background information.

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.

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 the same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0023, 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 2022-0023 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0023 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2022-0023 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-
0023. Service information referenced in EASA AD 2022-0023 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0510 after the FAA final 
rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA 2022-0023 applies to Model EC635P2+, EC635P3, EC635T1, 
EC635T2+, and EC635T3 helicopters, whereas this proposed AD would 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+.

Interim Action

    The FAA considers this proposed AD would 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.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 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 proposed AD.
    Deactivating the ACS would take 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

    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 27956]]

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 adding the following new airworthiness 
directive:

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

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 24, 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 and reduced 
helicopter control.

(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.

(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)(2) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#1b22365a4d48365a5249362c282b365a5654585b7d7a7a357c746d"><span class="__cf_email__" data-cfemail="665f4b2730354b272f344b5155564b272b29252600070748010910">[email protected]</span></a>.
    (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

    (1) For EASA AD 2022-0023, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#47060334072226342669223235283726692232"><span class="__cf_email__" data-cfemail="5e1f1a2d1e3b3f2d3f703b2b2c312e3f703b2b">[email protected]</span></a>; internet www.easa.europa.eu. You may find the 
EASA material on the EASA website at https://ad.easa.europa.eu. 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. This material may be found in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0510.
    (2) 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 <a href="/cdn-cgi/l/email-protection#7f2c0b1a0f171e11161a5133512c0a111b1a0d1d0d0a1c173f191e1e51181009"><span class="__cf_email__" data-cfemail="fba88f9e8b939a95929ed5b7d5a88e959f9e8999898e9893bb9d9a9ad59c948d">[email protected]</span></a>.

    Issued on April 30, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-09683 Filed 5-9-22; 8:45 am]
BILLING CODE 4910-13-P


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