Airworthiness Directives; Airbus Helicopters Deutschland GmbH (AHD) Helicopters

[Federal Register Volume 91, Number 186 (Monday, September 28, 2026)]
[Rules and Regulations]
[Pages 61113-61115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-19757]



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Federal Register / Vol. 91, No. 186 / Monday, September 28, 2026 / 
Rules and Regulations

[[Page 61113]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2026-11786; Project Identifier MCAI-2026-00439-R; 
Amendment 39-23479; AD 2026-20-06]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters Deutschland GmbH 
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1, EC135P2, 
EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, and EC635T2+ 
helicopters. This AD was prompted by a determination that in cases of 
loss of oil from the main gearbox (MGB), the low pressure caution or 
warning light might not activate. This AD requires revising the 
existing rotorcraft flight manual (RFM) for the helicopter by 
incorporating updated emergency, malfunction, and normal procedures. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective October 13, 2026.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 13, 
2026.
    The FAA must receive comments on this AD by November 12, 2026.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2026-11786; 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:
    <bullet> For European Union Aviation Safety Agency (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.
    <bullet> You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 10101 Hillwood Parkway, 
Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call (817) 222-5110. It is also available at 
regulations.gov under Docket No. FAA-2026-11786.

FOR FURTHER INFORMATION CONTACT: Anthony Kenward, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (817) 222-5257; 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 using a method listed under 
ADDRESSES. Include ``Docket No. FAA-2026-11786; Project Identifier 
MCAI-2026-00439-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 
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 Anthony 
Kenward, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. 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 2026-0080, dated April 17, 2026 
(EASA AD 2026-0080) (also referred to as the MCAI), to correct an 
unsafe condition on all AHD Model EC135 P1, EC135 P2, EC135 P2+, EC135 
P3, EC135 T1, EC135 T2, EC135 T2+, EC135 T3, EC635 P2+, EC635 T1, and 
EC635 T2+ helicopters. The MCAI states a determination was made that in 
a case of loss of oil from the MGB, the low pressure caution or warning 
light might not activate. The FAA is issuing this AD to prevent 
undetected loss of oil from the MGB. The unsafe condition, if not 
addressed, could result in failure of the MGB and loss of control of 
the helicopter.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2026-11786.

[[Page 61114]]

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed EASA AD 2026-0080, which specifies procedures for 
implementing the updated emergency, malfunction, and normal procedures. 
As an alternate to updating the procedures, EASA AD 2026-0080 specifies 
procedures for amending the existing RFM for the helicopter by 
inserting a copy of the applicable RFM temporary revision. 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 civil aviation authority 
(CAA) 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, that authority has notified the FAA of the unsafe 
condition described in the MCAI referenced above. The FAA is issuing 
this AD after determining that the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD 
2026-0080, described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD. See ``Differences Between this AD and the MCAI'' for a 
discussion of the general differences included in this AD.
    The owner/operator (pilot) holding at least a private pilot 
certificate may revise the existing RFM and must enter compliance into 
the helicopter maintenance records in accordance with 14 CFR 43.9(a) 
and 91.417(a)(2)(v). The pilot may perform this action because it only 
involves revising the RFM, which could be performed equally well by a 
pilot or mechanic. This is an exception to the FAA's standard 
maintenance regulations.

Differences Between This AD and the Referenced Material

    The MCAI applies to AHD Model EC635 P2+ and EC635 T1, whereas this 
AD does not, because those models do not have an FAA type certificate.

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 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 2026-0080 is incorporated 
by reference in this AD. This AD requires compliance with EASA AD 2026-
0080 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 2026-0080 does not mean that operators need to 
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 2026-0080. 
Material required by EASA AD 2026-0080 for compliance will be available 
at regulations.gov under Docket No. FAA-2026-11786 after this AD is 
published.

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 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 the MGB is critical to the control of the helicopter, and 
without the low pressure caution or warning light being activated, the 
pilot would be unaware that the MGB was losing oil, which could cause 
the MGB to fail and lead to loss of control of the helicopter. 
Additionally, because failure of the MGB could occur during any phase 
of flight, the RFM procedures must be incorporated within 14 days or 50 
hours time-in-service, whichever occurs first, after the effective date 
of this AD. These compliance times are shorter than the time necessary 
for the public to comment and for publication of the final rule. 
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.

Interim Action

    The FAA considers that this AD is an interim action. If final 
actions are later identified, the FAA might consider further 
rulemaking.

Costs of Compliance

    The FAA estimates that this AD affects 106 helicopters of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                       Cost on
                  Action                             Labor cost             Parts cost    Cost per       U.S.
                                                                                          product     operators
----------------------------------------------------------------------------------------------------------------
Revise RFM...............................  1 work-hour x $85 per hour =             $0          $85       $9,010
                                            $85.
----------------------------------------------------------------------------------------------------------------


[[Page 61115]]

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(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2026-20-06 Airbus Helicopters Deutschland GmbH (AHD): Amendment 39-
23479; Docket No. FAA-2026-11786; Project Identifier MCAI-2026-
00439-R.

(a) Effective Date

    This airworthiness directive (AD) is effective October 13, 2026.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Deutschland GmbH (AHD) 
Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, 
EC135T2+, EC135T3, and EC635T2+ helicopters.

    Note 1 to paragraph (c): Helicopters with an EC135P3H 
designation are Model EC135P3 helicopters. Helicopters with an 
EC135T3H designation are Model EC135T3 helicopters.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6320, Main rotor 
gearbox.

(e) Unsafe Condition

    This AD was prompted by a determination that in cases of loss of 
oil from the main gearbox (MGB), the low pressure caution or warning 
light might not activate. The FAA is issuing this AD to prevent 
undetected loss of oil from the MGB. The unsafe condition, if not 
addressed, could result in failure of the MGB and loss of control of 
the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Except as specified in paragraph (h) of this AD: Comply with 
all required actions and compliance times specified in, and in 
accordance with European Union Aviation Safety Agency AD 2026-0080, 
dated April 17, 2026 (EASA AD 2026-0080).
    (2) Insert the following language into the Normal section of the 
existing rotorcraft flight manual (RFM) for your helicopter: 
``WARNING: Pilots must vigilantly monitor the main gearbox oil 
pressures and temperatures. Main gearbox oil loss could occur 
without triggering cautions, warnings, or audio alerts. Catastrophic 
failure of the main gearbox could result in severe aircraft damage, 
injury, or death.''
    (3) The owner/operator (pilot) holding at least a private pilot 
certificate may revise the existing RFM for the helicopter, as 
required by this AD, and must enter compliance into the helicopter 
maintenance records in accordance with 14 CFR 43.9(a) and 
91.417(a)(2)(v). The record must be maintained as required by 14 CFR 
91.417, 121.380, or 135.439.

(h) Exceptions to EASA AD 2026-0080

    (1) Where EASA AD 2026-0080 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2026-0080 refers to flight hours, this AD 
requires using hours time-in-service.
    (3) Where paragraph (1) of EASA AD 2026-0080 specifies 
``implement the updated procedures, as defined in this AD,'' this AD 
requires replacing that text with ``amend the existing RFM for the 
helicopter by inserting a copy of the RFM TR [temporary revision] 
specified in EASA AD 2026-0080''.
    (4) This AD does not adopt paragraph (2) or the ``Remarks'' 
section of EASA AD 2026-0080.

(i) 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 (j) of 
this AD and email 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.

(j) Additional Information

    For more information about this AD, contact Anthony Kenward, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (817) 222-5257; email: 
[email protected].

(k) 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 2026-0080, 
dated April 17, 2026.
    (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.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 10101 Hillwood Parkway, 
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 September 22, 2026.
Paul R. Bernado,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2026-19757 Filed 9-25-26; 8:45 am]
BILLING CODE 4910-13-P

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