[Federal Register Volume 90, Number 44 (Friday, March 7, 2025)]
[Rules and Regulations]
[Pages 11468-11473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03619]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0212; Project Identifier MCAI-2024-00778-R;
Amendment 39-22968; AD 2025-04-10]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, EC135P2+,
EC135P3, EC135T1, EC135T2, EC135T2+/EC635T2+, EC135T3, MBB-BK 117 C-2,
MBB-BK 117 D-2, and MBB-BK 117 D-3 helicopters. This AD was prompted by
reports of malfunctioning emergency fuel shut-off switches on the
warning unit. This AD requires inspecting certain switches on the
warning units, and depending on the results, replacing or repairing the
warning unit. This AD also allows installing certain warning units
provided certain requirements are met. 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 March 24, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 24,
2025.
The FAA must receive comments on this AD by April 21, 2025.
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-2025-0212; 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
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; ePublic Law [email protected]; website: easa.europa.eu. You may
find the EASA material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2025-0212.
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.
FOR FURTHER INFORMATION CONTACT: Zain Jamal, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (847)
294-7264; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2025-0212; Project
Identifier MCAI-2024-00778-R'' at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
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 final rule 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
[[Page 11469]]
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Zain
Jamal, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (847) 294-7264; email: [email protected].
Any commentary that the FAA receives which 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 2024-0249, dated December 19, 2024
(EASA AD 2024-0249) (also referred to as the MCAI), 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+ EC635 T3, MBB-BK117 C-2, MBB-
BK117 D-2, MBB-BK117 D-3, and MBB-BK117 D-3m helicopters. The MCAI
states that occurrences of emergency off switches, part of the warning
unit, were reported to have mechanical failures, particularly getting
stuck in intermediate positions or having an untimely change of status,
on Model MBB-BK117 helicopters. The MCAI also states these same
switches are installed on Model EC135 and EC635 helicopters, and
further investigations identified a batch of warning units that might
be affected by similar issues.
The FAA is issuing this AD to detect and address a defective switch
on the warning unit. The unsafe condition, if not addressed, could
result in single or double engine in-flight shutdown and subsequent
loss of capability to close the fuel shut-off valve.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2025-0212.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2024-0249, which requires for helicopters
with certain serial-numbered warning units (all part numbers) or those
having an unknown serial number installed, repetitive operational
checks of the emergency off switches installed on the warning units.
Depending on the results, EASA AD 2024-0249 requires replacing the
warning unit or repairing parts. EASA AD 2024-0249 also allows
installing affected warning units on any helicopter provided the two
emergency off switches pass its required check.
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.
FAA's Determination
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 about the unsafe condition described
in the MCAI. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of these same type designs.
AD Requirements
This AD requires accomplishing the actions specified in EASA AD
2024-0249, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and except as discussed under ``Differences Between This AD and
the MCAI.''
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,
EASA AD 2024-0249 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2024-0249 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2024-0249 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
2024-0249. Material required by EASA AD 2024-0249 for compliance will
be available at regulations.gov under Docket No. FAA-2025-0212 after
this AD is published.
Differences Between This AD and the MCAI
The MCAI applies to Model EC635 P2+, EC635 P3, EC635 T1, EC635 T2+,
EC635 T3, and MBB-BK117 D-3m helicopters, whereas this AD does not
because those models are not FAA type-certificated 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+.
The MCAI, as well as the material referenced in the MCAI, refer to
the ``operational inspection'' as a ``check.'' For the purpose of an
FAA AD, a ``check'' may be done by the owner/operator (pilot) holding
at least a private pilot certificate provided certain criteria are met.
The authorization for a ``check'' in an FAA AD is an exception to the
FAA's standard maintenance regulations and the criteria is not met in
this AD. Accordingly, while the material referenced in the MCAI allows
a pilot or equivalent with the correct training and accreditation to
accomplish its procedures, this AD requires those actions be
accomplished by persons authorized under 14 CFR 43.3.
Lastly, the MCAI requires the additional operational checks to be
accomplished before next flight after any of the emergency off switches
has been pushed on a helicopter, whereas this AD requires the
operational inspection within intervals not to exceed 12 months
following the initial operational inspection.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
551 et seq.) authorizes agencies to dispense
[[Page 11470]]
with notice and comment procedures for rules when the agency, for
``good cause,'' finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under this section,
an agency, upon finding good cause, may issue a final rule without
providing notice and seeking comment prior to issuance. Further,
section 553(d) of the APA authorizes agencies to make rules effective
in less than thirty days, upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because emergency fuel shut-off switches stuck in an intermediate
position could result in an unexpected activation of one fuel shut-off
valve, or possibly both, and a subsequent in-flight engine shutdown
with the potential inability to restart, and inadvertent autorotation.
Additionally, the FAA has no information pertaining to the condition of
these switches that may currently exist in helicopters, how quickly the
condition may propagate to an in-flight shutdown, and how many
operators have activated the emergency shut-off switches. Therefore, an
urgent unsafe condition exists and the initial actions required by this
AD must be accomplished within 55 hours time-in-service, a time period
of up to two months based on the average flight-hour utilization rates
of these helicopters, or 12 months, whichever occurs first. High usage
helicopters have an increased likelihood of reaching these hours within
a time period of up to approximately one month based on the average
flight-hour utilization rates of these helicopters. Accordingly, notice
and opportunity for prior public comment are impracticable and contrary
to the public interest pursuant to 5 U.S.C. 553(b).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 606 helicopters of U.S.
registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates that operators may incur the following
costs to comply with this AD.
Inspecting the emergency off switches will take 0.5 work-hour for
an estimated cost of $43 per helicopter and $26,058 for the U.S. fleet,
per inspection cycle.
If required, replacing a warning unit will take 4 work-hours and
parts will cost $46,000 for an estimated cost of $46,340 per
helicopter.
The FAA has no way of determining the costs pertaining to necessary
repairs that are required in accordance with a method approved by the
FAA, EASA, or Airbus Helicopters' EASA Design Organization Approval.
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
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 above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
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(f), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2025-04-10 Airbus Helicopters Deutschland GmbH: Amendment 39-22968;
Docket No. FAA-2025-0212; Project Identifier MCAI-2024-00778-R.
(a) Effective Date
This airworthiness directive (AD) is effective March 24, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Deutschland GmbH Model
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+/
EC635T2+, EC135T3, MBB-BK 117 C-2, MBB-BK 117 D-2, and MBB-BK 117 D-
3 helicopters, certificated in any category.
Note 1 to paragraph (c): Helicopters with an EC135P3H
designation are Model EC135P3 helicopters, helicopters with an
EC135T3H designation are Model EC135T3 helicopters, and helicopters
with an MBB-BK 117 C-2e designation are Model MBB-BK 117C-2
helicopters.
(d) Subject
Joint Aircraft System Component (JASC) Code 2560, Emergency
equipment.
(e) Unsafe Condition
This AD was prompted by reports of emergency fuel shut-off
switches on the warning unit getting stuck in an intermediate
position or experiencing an untimely change of status. The FAA is
issuing this AD to detect and address a defective switch on the
warning unit. The unsafe condition, if not addressed, could result
in single or double engine in-flight shutdown, loss of capability to
inactivate the fuel shut-off valve, and subsequent inadvertent
autorotation.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
[[Page 11471]]
(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 AD 2024-0249,
dated December 19, 2024 (EASA AD 2024-0249).
(h) Exceptions to EASA AD 2024-0249
(1) Where EASA AD 2024-0249 defines ``affected part,'' this AD
requires replacing that definition with ``Any part-numbered warning
unit having a serial number (S/N) identified in the Planning
Information, paragraph 12., of Airbus Helicopters Alert Service
Bulletin (ASB) EC135-31-55-0001 or ASB MBB-BK117-31-55-0001, each
Issue 1 and dated December 19, 2024, as applicable, or having an S/N
that cannot be determined.''
(2) Where EASA AD 2024-0249 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where the ``Required Action(s) and Compliance Time(s)''
section of EASA AD 2024-0249 specifies ``check,'' and where the
material referenced in EASA AD 2024-0249 specifies ``check,'' this
AD requires replacing that text with ``inspection'' or ``inspect,''
as applicable.
(4) Where paragraph (2) of EASA AD 2024-0249, specifies ``From
the effective date of this AD, before next flight after any of the
emergency off switches has been pushed on a helicopter,'' this AD
requires replacing that text with ``Following paragraph (1) of EASA
AD 2024-0249, within intervals not to exceed 12 months.''
(5) Where the material referenced in EASA AD 2024-0249 specifies
that it can be accomplished by a pilot or equivalent with the
correct training and accreditation, this AD requires the actions be
accomplished by persons authorized under 14 CFR 43.3.
(6) This AD does not adopt the note in the material referenced
in EASA AD 2024-0249 that specifies information regarding the pilot
accomplishing the once only check (inspection).
(7) Where the material referenced in EASA AD 2024-0249 specifies
discarding parts, this AD requires removing those parts from
service.
(8) Where paragraph (3) of EASA AD 2024-0249 states
``discrepancy, as described in the ASB,'' and where paragraph (4) of
EASA AD 2024-0249 states ``discrepancy,'' this AD requires replacing
that text with the text in table 1 to paragraph (h)(8) of this AD.
Note 2 to paragraph (h)(8): Airbus Helicopters ASB EC135-31-55-
0001 and ASB MBB-BK117-31-55-0001, each Issue 1 and dated December
19, 2024, which are referenced in EASA AD 2024-0249, identify
configuration information.
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(9) Where paragraph (3) of EASA AD 2024-0249 specifies to
``contact AH for approved repair instructions and accomplish those
instructions accordingly,'' this AD requires replacing that text
with ``repair the WU in accordance with a method approved by the
Manager, International Validation Branch, FAA; or EASA; or Airbus
Helicopters Deutschland GmbH's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.''
(10) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0249.
(i) No Reporting Requirement
Although the material referenced in EASA AD 2024-0249 specifies
to submit certain information to the manufacturer, this AD does not
require that action.
(j) Special Flight Permits
Special flight permits are prohibited.
[[Page 11473]]
(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: [email protected].
(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) Additional Information
For more information about this AD, contact Zain Jamal, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; phone: (847) 294-7264; email: [email protected].
(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 the AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0249,
dated December 19, 2024.
(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: [email protected]; website: easa.europa.eu. You may
find the 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 [email protected].
Issued on February 19, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-03619 Filed 3-3-25; 4:15 pm]
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