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.

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 ADs@easa.europa.eu; 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 joe.salameh@faa.gov.

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
joe.salameh@faa.gov. 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
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.

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

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]

2. The FAA amends Sec. 39.13 by:

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

b. Adding the following new AD: