Proposed Rule2022-09683
Airworthiness Directives; Airbus Helicopters Deutschland GmbH (AHD) Helicopters
Primary source
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Published
May 10, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 90 (Tuesday, May 10, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09683]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 <a href="https://www.airbus.com/helicopters/services/technical-support.html">https://www.airbus.com/helicopters/services/technical-support.html</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2022-0510.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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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