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.
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:
For EASA material identified in this AD, contact Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; website: easa.europa.eu. You may find the
EASA material on the EASA website at 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. 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: joe.salameh@faa.gov.
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
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
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 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
b. Adding the following new AD:
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