Airworthiness Directives; Airbus Helicopters Deutschland GmbH (AHD) Helicopters, 16174-16182 [2023-05426]
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Federal Register / Vol. 88, No. 51 / Thursday, March 16, 2023 / Rules and Regulations
veterinarian finds that such
transportation is necessary for
veterinary care, and transport
instructions are specified and written by
the attending veterinarian, and signed
within 10 days of shipment.’’ is
corrected to read ‘‘Carriers and
intermediate handlers must not accept
unweaned birds for transport unless
transport instructions to ensure the
health and well-being of the birds are
specified and written by the attending
veterinarian, and signed within 10 days
of shipment.’’
Done in Washington, DC, this 10th day of
March 2023.
Michael Watson,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2023–05372 Filed 3–15–23; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0430; Project
Identifier MCAI–2022–01092–R; Amendment
39–22378; AD 2023–05–09]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters Deutschland GmbH (AHD)
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus Helicopters Deutschland GmbH
(AHD) Model EC135P3 and EC135T3
helicopters with Helionix installed, and
Model MBB–BK 117 D–2 and MBB–BK
117 D–3 helicopters. This AD was
prompted by multiple reports of multifunction display (MFD) failures. This
AD requires revising the existing
Rotorcraft Flight Manual (RFM) for your
helicopter. This AD also requires
repetitively inspecting the MFD, and
depending on the results, installing
placards and limiting the operation of
the helicopter, and taking other
corrective action, as 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 becomes effective
March 31, 2023.
The Director of the Federal Register
approved the incorporation by reference
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SUMMARY:
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of a certain publication listed in this AD
as of March 31, 2023.
The FAA must receive comments on
this AD by May 1, 2023.
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–2023–0430; 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, any comments
received, and other information. The
address for Docket Operations is listed
above.
Material Incorporated by Reference:
• For EASA material that is
incorporated by reference in this final
rule, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email
ADs@easa.europa.eu; internet
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
Pkwy., 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
at regulations.gov under Docket No.
FAA–2023–0430.
Other Related Service Information:
For Airbus Helicopters service
information identified in this final rule,
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
airbus.com/helicopters/services/
technical-support.html. You may also
view this service information at the
FAA contact information under Material
Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT:
Kristi Bradley, Program Manager, COS
Program Management Section,
Operational Safety Branch, Compliance
& Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
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telephone (817) 222–5110; email
kristin.bradley@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued two EASA ADs with
the most recent being EASA AD 2022–
0168, dated August 12, 2022 (EASA AD
2022–0168), to correct an unsafe
condition for Airbus Helicopters
Deutschland GmbH Model EC135 P3H,
EC135 T3H, EC635 P3H, EC635 T3H,
MBB–BK117 D–2, MBB–BK117 D–3,
and MBB–BK117 D–3m helicopters; and
Airbus Helicopters Model EC 175 B and
H160–B helicopters.
EASA AD 2022–0168 superseded
EASA AD 2022–0143, dated July 8, 2022
(EASA AD 2022–0143). EASA AD 2022–
0143 was prompted by reports where all
MFDs failed on an MBB–BK117 D–3
helicopter. An investigation determined
that a deficiency in the Ethernet
network management of the Integrated
Modular Avionics (IMA) suite led to the
failures of the MFDs. To address this
unsafe condition, EASA issued EASA
AD 2022–0143, which required
repetitive checks (inspections) of the
functional status of the IMA Ethernet
network and, depending on the results,
certain corrective action(s), which may
include an operational limitation. This
operational limitation, if required,
prohibited the operation of a helicopter
in Instrument Meteorological
Conditions (IMC) and Night Visual
Meteorological Conditions (VMC); and
required installation of a placard on the
instrument panel.
After EASA issued EASA AD 2022–
0143, Airbus Helicopters developed an
RFM emergency procedure to provide
instruction, which is to be applied in
case of loss of all MFD function;
therefore, EASA issued superseding
EASA AD 2022–0168 to retain the
requirements of EASA AD 2022–0143
and also require incorporating the RFM
emergency procedure. EASA AD 2022–
0168 is considered to be an interim
action and states that further AD action
may follow.
The FAA is issuing this AD to address
possible loss of MFD function which
results in the unexpected loss of display
of important flight parameters to the
pilots, which could lead to loss of
control of the helicopter. See EASA AD
2022–0168 for additional background
information.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0168 requires
repetitively testing several components
of the IMA suite and depending on the
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results, troubleshooting is required.
Depending on the results of the
troubleshooting procedure, EASA AD
2022–0168 also requires implementing
certain operational limitations and
installing a placard in the cockpit.
Lastly, EASA AD 2022–0168 also
requires revising the RFM to incorporate
emergency procedures in the event of
MFD failure displayed on all MFDs.
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) EC135H–
05A–001, ASB MBB–BK117 D–3–05A–
001, and ASB MBB–BK117 D–2–05A–
003, each Revision 0 and each dated
July 7, 2022. This service information
specifies procedures for checking the
Ethernet connection of equipment with
the MFDs and, if necessary, specifies the
operation limitation and installation of
the placard in the cockpit of the
applicable model helicopter.
The FAA also reviewed Airbus
Helicopters Safety Information Notice
(SIN) No. 3838–S–42, Revision 0, dated
October 26, 2022. This SIN provides
additional background information and
supplementary notes and
recommendations regarding MFD failure
during flight.
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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 issuing
this AD after evaluating all pertinent
information and determining that the
unsafe condition exists and is likely to
exist or develop on other helicopters of
the same type designs.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2022–
0168, 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 EASA AD.’’
This AD also requires revising the
existing RFM for your helicopter.
Revising the existing RFM for your
helicopter by updating the emergency
procedures section may be performed by
the owner/operator (pilot) holding at
least a private pilot certificate and must
be entered into the aircraft records
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showing compliance with this AD 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.
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 2022–0168
is incorporated by reference in this FAA
final rule. Service information
referenced in EASA AD 2022–0168 is
available at regulations.gov under
Docket No. FAA–2023–0430.
Differences Between This AD and the
EASA AD
EASA AD 2022–0168 applies to
Airbus Helicopters Deutschland GmbH
Model EC635 P3H, EC635 T3H, and
MBB–BK117 D–3m helicopters and
Airbus Helicopters Model EC 175B and
H160–B helicopters. This AD does not
apply to those model helicopters
because those models are not FAA typecertificated. EASA AD 2022–0168 also
applies to Airbus Helicopters
Deutschland GmbH Model EC135 P3H
and EC135 T3H helicopters. This AD
applies to Airbus Helicopters
Deutschland GmbH (AHD) Model
EC135P3 and EC135T3 helicopters with
Helionix installed instead because
helicopters with an EC135P3H or
EC135T3H designation are Model
EC135P3 helicopters or Model EC135T3
helicopters with Helionix installed,
respectively.
EASA AD 2022–0168 requires
revising the emergency procedures
section of the existing RFM for your
helicopter to specify that a pilot ‘‘land
as soon as practicable’’ in the event
there is MFD failure on all MFDs,
whereas this AD requires revising the
emergency procedures section of the
existing RFM for your helicopter to
specify that a pilot ‘‘land as soon as
possible’’ in the event there is MFD
failure on all MFDs.
This AD allows the owner/operator
(pilot) holding at least a private pilot
certificate to revise the existing RFM for
your helicopter and do the logbook
entry, whereas EASA AD 2022–0168
does not specify this. This AD requires
these actions to be entered into the
aircraft records showing compliance
with this AD in accordance with 14 CFR
43.9(a) and 91.417(a)(2)(v). The record
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must be maintained as required by 14
CFR 91.417, 121.380, or 135.439.
EASA AD 2022–0168 requires certain
operational and maintenance mode test
procedure checks, and checking certain
wires, whereas this AD requires
operational and maintenance mode test
procedure inspections because those
actions must be accomplished by
persons authorized under 14 CFR 43.3.
Where EASA AD 2022–0168 requires
‘‘installation of a placard in the
cockpit,’’ this AD also requires that
action be accomplished by persons
authorized under 14 CFR 43.3.
EASA AD 2022–0168 requires
operators to ‘‘inform all flight crews’’ of
the operational limitation as defined in
EASA AD 2022–0168 and, thereafter, to
‘‘operate the helicopter accordingly.’’
However, this AD does not specifically
require those actions. FAA regulations
mandate compliance with placards;
therefore, it is not necessary to include
a requirement in this AD to ‘‘operate the
helicopter accordingly.’’ Furthermore,
compliance with an AD requirement to
‘‘inform all flight crews’’ of the
additional operational limitation is
impracticable to demonstrate or track on
an ongoing basis; therefore, a
requirement to inform all flight crews of
an additional operational limitation is
unenforceable.
EASA AD 2022–0168 specifies
contacting Airbus Helicopters to obtain
approved instructions and
accomplishing those instructions,
whereas this AD requires accomplishing
corrective action in accordance with a
method approved by the FAA, EASA, or
Airbus Helicopters Deutschland GmbH’s
EASA Design Organization Approval.
Interim Action
The FAA considers this AD interim
action. If further action is identified, the
FAA might consider further rulemaking.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(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
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AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies foregoing notice
and comment prior to adoption of this
rule because the multi-function display
is a critical component of the helicopter
and displays vital avionics information
to the pilot, and loss of its functionality
could occur during any phase of flight
without previous indication. The FAA
also has no information as to how
quickly this condition may propagate
into failure. In light of this, the initial
inspection must be accomplished
within 55 hours time-in-service after the
effective date of this AD. Based on the
average flight-hour utilization rates of
these helicopters, some of these
helicopters could reach the compliance
time for the initial requirements within
about two months. Therefore, the
compliance time for the required actions
is 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)(3)(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 forego
notice and comment.
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 ADDRESSES.
Include ‘‘Docket No. FAA–2023–0430;
Project Identifier MCAI–2022–01092–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.
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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 Kristi Bradley,
Program Manager, COS Program
Management Section, Operational
Safety Branch, Compliance &
Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222–5110; email
kristin.bradley@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.
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 97 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.
Inspecting the Ethernet connectivity
of the IMA suite takes up to 0.25 workhour for an estimated cost of up to $21
per helicopter and $2,037 for the U.S.
fleet per inspection cycle.
If necessary, troubleshooting the
components of the IMA suite takes up
to 12 work-hours for an estimated cost
of up to $1,020 per helicopter.
Additionally, during troubleshooting,
you may incur the following costs:
If necessary, repairing the IMA suite
cables takes up to 25 work-hours for an
estimated cost of up to $2,125 per cable
repair.
If necessary, replacing the data
transfer device (DTD) takes about 2
work-hours and parts cost about $18,711
for an estimated cost of $18,881 per
DTD replacement.
If necessary, replacing the airborne
communication server (ACS) takes
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about 6 work-hours and parts cost
$35,702 for an estimated cost of $36,212
per ACS replacement.
If necessary, replacing a dynamic
monitoring acquisition unit (DMAU)
takes about 5 work-hours and parts cost
about $66,457 for an estimated cost of
$66,882 per replacement.
If necessary, replacing an MFD takes
about 8 work-hours and parts cost about
$71,296 for an estimated cost of $71,976
per replacement.
If necessary, replacing the aircraft
management computer (AMC) takes
about 10 work-hours and parts cost
about $92,051 for an estimated cost of
$92,901 per replacement.
If necessary, installing placards on the
instrument panel would take about 1
work-hour and parts cost a nominal
amount for an estimated cost of $85 per
helicopter.
The FAA has no data to estimate the
costs to accomplish approved repairs
based on the results of the inspections
and the FAA has no data to determine
the number of helicopters that might
need repair.
Revising the existing RFM for your
helicopter takes about 0.25 work-hour
for an estimated cost of $21 per
helicopter and $2,037 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
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.
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For the reasons discussed, 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
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
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2023–05–09 Airbus Helicopters
Deutschland GmbH (AHD): Amendment
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(a) Effective Date
This airworthiness directive (AD) is
effective March 31, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters
Deutschland GmbH (AHD) Model EC135P3
and EC135T3 helicopters with Helionix
installed, and Model 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 or EC135T3H designation are
Model EC135P3 helicopters or Model
EC135T3 helicopters with Helionix installed,
respectively.
(d) Subject
Joint Aircraft System Component (JASC)
Code: 3197, Instrument System Wiring.
1. The authority citation for part 39
continues to read as follows:
■
§ 39.13
39–22378; Docket No. FAA–2023–0430;
Project Identifier MCAI–2022–01092–R.
(e) Unsafe Condition
This AD was prompted by reports of
multiple multi-function display (MFD)
failures during flight. The FAA is issuing this
AD to address failure of an MFD and
consequent loss of display information
during flight. The unsafe condition, if not
addressed, could result in the unexpected
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loss of display of important flight parameters
to the pilots, which could result in loss of
control of the helicopter.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
(1) Except as specified in paragraph (h) of
this AD: Comply with all required actions
and compliance times specified in, and in
accordance with, paragraphs (1), (2), (4), and
(5) of European Union Aviation Safety
Agency (EASA) AD 2022–0168, dated August
12, 2022 (EASA AD 2022–0168).
(2) Within 7 days after the effective date of
this AD, revise the existing Rotorcraft Flight
Manual (RFM) for your helicopter by
incorporating the RFM emergency procedure
in Figure 1 or Figure 2 to paragraph (g)(2) of
this AD as applicable to your model
helicopter. Revising the existing RFM for
your helicopter by updating the emergency
procedures section may be performed by the
owner/operator (pilot) holding at least a
private pilot certificate and must be entered
into the aircraft records showing compliance
with this AD 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.
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Figure 1 to Paragraph (g)(2): RFM
Emergency Procedure—Model MBB–BK117
Helicopters
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(3) After the actions required by paragraph
(g)(1) of this AD have been done, no
alternative requirements (inspections) are
allowed unless they are approved as
specified in the provisions of the ‘‘Ref.
Publications’’ section of EASA AD 2022–
0168.
(h) Exceptions to EASA AD 2022–0168
(1) Where EASA AD 2022–0168 requires
compliance in terms of flight hours, this AD
requires using hours time-in-service.
(2) Where EASA AD 2022–0168 refers to
July 15, 2022 (the effective date of EASA AD
2022–0143 dated July 8, 2022) or its effective
date, this AD requires using the effective date
of this AD.
(3) Where paragraph (1) of EASA AD 2022–
0168 specifies ‘‘accomplish a check in
accordance with the maintenance mode test
procedure, and in accordance with the
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operational mode test procedure, as defined
in this AD’’ for this AD, replace that text with
‘‘accomplish an inspection in accordance
with the maintenance mode test procedure,
and in accordance with the operational mode
test procedure, as defined in this AD.’’
(4) Where paragraph (2) of EASA AD 2022–
0168 specifies ‘‘if, during any check as
required by paragraph (1) of this AD,’’
replace that text with ‘‘if, during any
inspection as required by paragraph (1) of
this AD.’’
(5) Where the service information
referenced in EASA AD 2022–0168 permits
certain actions to be performed by a pilot or
equivalent with the correct training and
accreditation, this AD requires those actions
to be accomplished by persons authorized
under 14 CFR 43.3.
(6) Where paragraph (4) of EASA AD 2022–
0168 specifies to ‘‘inform all flight crews and,
thereafter, operate the helicopter
accordingly,’’ this AD does not require those
actions.
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Frm 00009
Fmt 4700
Sfmt 4700
(7) Where the service information
referenced in EASA AD 2022–0168 specifies
‘‘If the continuity test is not satisfactory,
check and repair the associated wires;’’ for
this AD, replace that text with ‘‘If the
continuity test is not satisfactory, inspect and
repair the associated wires.’’
(8) Where the service information
referenced in EASA AD 2022–0168 specifiescontacting Airbus Helicopters for a technical
solution, this AD requires corrective action
done in accordance with a method approved
by the Manager, General Aviation &
Rotorcraft Section, 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.
(i) Special Flight Permits
Special flight permits are prohibited for
flights in Instrument Meteorological
Conditions (IMC) and Night Visual
Meteorological Conditions (VMC).
E:\FR\FM\16MRR1.SGM
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ER16MR23.006</GPH>
Figure 2 to Paragraph (g)(2): RFM
Emergency Procedure—Model EC135
Helicopters
16181
16182
Federal Register / Vol. 88, No. 51 / Thursday, March 16, 2023 / Rules and Regulations
(j) Alternative Methods of Compliance
(AMOCs)
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
(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) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(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
For more information about this AD,
contact Kristi Bradley, Program Manager,
COS Program Management Section,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222–5110; email
kristin.bradley@faa.gov.
ddrumheller on DSK120RN23PROD with RULES1
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0168, dated August 12,
2022.
(ii) [Reserved]
(3) For EASA AD 2022–0168, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
easa.europa.eu. You may find the EASA
material on the EASA website at
ad.easa.europa.eu.
(4) You may view this service information
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.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on March 10, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–05426 Filed 3–14–23; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:15 Mar 15, 2023
Jkt 259001
Food and Drug Administration
21 CFR Part 73
[Docket No. FDA–2020–C–1309]
Listing of Color Additives Exempt
From Certification; Spirulina Extract;
Confirmation of Effective Date
AGENCY:
Food and Drug Administration,
HHS.
Final rule; confirmation of
effective date.
ACTION:
The Food and Drug
Administration (FDA or we) is
confirming the effective date of
December 13, 2022, for the final rule
that appeared in the Federal Register of
November 10, 2022, and that amended
the color additive regulations to provide
for the safe use of spirulina (Arthrospira
platensis) extract as a color additive in
alcoholic beverages with less than 20
percent alcohol-by-volume content,
non-alcoholic beverages, condiments
and sauces, dips, dairy product
alternatives (identified as non-dairy
yogurt alternatives, non-dairy frozen
desserts, and non-dairy puddings), salad
dressings, and seasoning mixes
(unheated).
DATES: The effective date of final rule
published in the Federal Register of
November 10, 2022 (87 FR 67785) is
confirmed as December 13, 2022.
ADDRESSES: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and insert the
docket number found in brackets in the
heading of this final rule into the
‘‘Search’’ box and follow the prompts,
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Stephanie A. Hice, Center for Food
Safety and Applied Nutrition, Food and
Drug Administration (HFS–255), 5001
Campus Dr., College Park, MD 20740,
301–348–1740.
SUPPLEMENTARY INFORMATION: In the
Federal Register of November 10, 2022
(87 FR 67785), we amended the color
additive regulations in § 73.530
Spirulina extract (21 CFR 73.530) to
provide for the safe use of spirulina
extract as a color additive in alcoholic
beverages with less than 20 percent
alcohol-by-volume content, nonalcoholic beverages, condiments and
sauces, dips, dairy product alternatives
(identified as non-dairy yogurt
alternatives, non-dairy frozen desserts,
SUMMARY:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
and non-dairy puddings), salad
dressings, and seasoning mixes
(unheated) at levels consistent with
good manufacturing practice.
We gave interested persons until
December 12, 2022, to file objections or
requests for a hearing. We received no
objections or requests for a hearing on
the final rule. Therefore, we find that
the effective date of the final rule that
published in the Federal Register of
November 10, 2022, should be
confirmed.
List of Subjects in 21 CFR Part 73
Color additives, Cosmetics, Drugs,
Foods, Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321,
341, 342, 343, 348, 351, 352, 355, 361,
362, 371, 379e) and under authority
delegated to the Commissioner of Food
and Drugs, we are giving notice that no
objections or requests for a hearing were
filed in response to the November 10,
2022, final rule. Accordingly, the
amendments issued thereby became
effective December 13, 2022.
■
Dated: March 13, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023–05361 Filed 3–15–23; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD–2022–OS–0082]
RIN 0790–AL44
Privacy Act of 1974; Implementation
Office of the Secretary of
Defense (OSD), Department of Defense
(DoD).
ACTION: Final rule.
AGENCY:
The Department of Defense
(Department or DoD) is issuing a final
rule to amend its regulations to exempt
portions of the system of records titled
CIG–30, ‘‘OIG Data Analytics Platform,’’
from certain provisions of the Privacy
Act of 1974.
DATES: This rule is effective on April 17,
2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Rahwa Keleta, Privacy and Civil
Liberties Division, Directorate for
Privacy, Civil Liberties and Freedom of
Information, Office of the Assistant to
the Secretary of Defense for Privacy,
Civil Liberties, and Transparency,
Department of Defense, 4800 Mark
SUMMARY:
E:\FR\FM\16MRR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Rules and Regulations]
[Pages 16174-16182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05426]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0430; Project Identifier MCAI-2022-01092-R;
Amendment 39-22378; AD 2023-05-09]
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 EC135P3 and EC135T3
helicopters with Helionix installed, and Model MBB-BK 117 D-2 and MBB-
BK 117 D-3 helicopters. This AD was prompted by multiple reports of
multi-function display (MFD) failures. This AD requires revising the
existing Rotorcraft Flight Manual (RFM) for your helicopter. This AD
also requires repetitively inspecting the MFD, and depending on the
results, installing placards and limiting the operation of the
helicopter, and taking other corrective action, as 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 becomes effective March 31, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 31,
2023.
The FAA must receive comments on this AD by May 1, 2023.
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-2023-0430; 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, any comments received, and other
information. The address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA material that is incorporated by reference in
this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email [email protected]; internet
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 Pkwy., 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 at
regulations.gov under Docket No. FAA-2023-0430.
Other Related Service Information: For Airbus Helicopters service
information identified in this final rule, 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 airbus.com/helicopters/services/technical-support.html. You may also view this
service information at the FAA contact information under Material
Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone (817) 222-5110; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued two EASA ADs with the most recent being EASA
AD 2022-0168, dated August 12, 2022 (EASA AD 2022-0168), to correct an
unsafe condition for Airbus Helicopters Deutschland GmbH Model EC135
P3H, EC135 T3H, EC635 P3H, EC635 T3H, MBB-BK117 D-2, MBB-BK117 D-3, and
MBB-BK117 D-3m helicopters; and Airbus Helicopters Model EC 175 B and
H160-B helicopters.
EASA AD 2022-0168 superseded EASA AD 2022-0143, dated July 8, 2022
(EASA AD 2022-0143). EASA AD 2022-0143 was prompted by reports where
all MFDs failed on an MBB-BK117 D-3 helicopter. An investigation
determined that a deficiency in the Ethernet network management of the
Integrated Modular Avionics (IMA) suite led to the failures of the
MFDs. To address this unsafe condition, EASA issued EASA AD 2022-0143,
which required repetitive checks (inspections) of the functional status
of the IMA Ethernet network and, depending on the results, certain
corrective action(s), which may include an operational limitation. This
operational limitation, if required, prohibited the operation of a
helicopter in Instrument Meteorological Conditions (IMC) and Night
Visual Meteorological Conditions (VMC); and required installation of a
placard on the instrument panel.
After EASA issued EASA AD 2022-0143, Airbus Helicopters developed
an RFM emergency procedure to provide instruction, which is to be
applied in case of loss of all MFD function; therefore, EASA issued
superseding EASA AD 2022-0168 to retain the requirements of EASA AD
2022-0143 and also require incorporating the RFM emergency procedure.
EASA AD 2022-0168 is considered to be an interim action and states that
further AD action may follow.
The FAA is issuing this AD to address possible loss of MFD function
which results in the unexpected loss of display of important flight
parameters to the pilots, which could lead to loss of control of the
helicopter. See EASA AD 2022-0168 for additional background
information.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0168 requires repetitively testing several components
of the IMA suite and depending on the
[[Page 16175]]
results, troubleshooting is required. Depending on the results of the
troubleshooting procedure, EASA AD 2022-0168 also requires implementing
certain operational limitations and installing a placard in the
cockpit. Lastly, EASA AD 2022-0168 also requires revising the RFM to
incorporate emergency procedures in the event of MFD failure displayed
on all MFDs.
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)
EC135H-05A-001, ASB MBB-BK117 D-3-05A-001, and ASB MBB-BK117 D-2-05A-
003, each Revision 0 and each dated July 7, 2022. This service
information specifies procedures for checking the Ethernet connection
of equipment with the MFDs and, if necessary, specifies the operation
limitation and installation of the placard in the cockpit of the
applicable model helicopter.
The FAA also reviewed Airbus Helicopters Safety Information Notice
(SIN) No. 3838-S-42, Revision 0, dated October 26, 2022. This SIN
provides additional background information and supplementary notes and
recommendations regarding MFD failure during flight.
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 issuing this AD after
evaluating all pertinent information and determining that the unsafe
condition exists and is likely to exist or develop on other helicopters
of the same type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2022-0168, 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 EASA AD.''
This AD also requires revising the existing RFM for your
helicopter. Revising the existing RFM for your helicopter by updating
the emergency procedures section may be performed by the owner/operator
(pilot) holding at least a private pilot certificate and must be
entered into the aircraft records showing compliance with this AD 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.
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 2022-0168 is incorporated by reference in this FAA final rule.
Service information referenced in EASA AD 2022-0168 is available at
regulations.gov under Docket No. FAA-2023-0430.
Differences Between This AD and the EASA AD
EASA AD 2022-0168 applies to Airbus Helicopters Deutschland GmbH
Model EC635 P3H, EC635 T3H, and MBB-BK117 D-3m helicopters and Airbus
Helicopters Model EC 175B and H160-B helicopters. This AD does not
apply to those model helicopters because those models are not FAA type-
certificated. EASA AD 2022-0168 also applies to Airbus Helicopters
Deutschland GmbH Model EC135 P3H and EC135 T3H helicopters. This AD
applies to Airbus Helicopters Deutschland GmbH (AHD) Model EC135P3 and
EC135T3 helicopters with Helionix installed instead because helicopters
with an EC135P3H or EC135T3H designation are Model EC135P3 helicopters
or Model EC135T3 helicopters with Helionix installed, respectively.
EASA AD 2022-0168 requires revising the emergency procedures
section of the existing RFM for your helicopter to specify that a pilot
``land as soon as practicable'' in the event there is MFD failure on
all MFDs, whereas this AD requires revising the emergency procedures
section of the existing RFM for your helicopter to specify that a pilot
``land as soon as possible'' in the event there is MFD failure on all
MFDs.
This AD allows the owner/operator (pilot) holding at least a
private pilot certificate to revise the existing RFM for your
helicopter and do the logbook entry, whereas EASA AD 2022-0168 does not
specify this. This AD requires these actions to be entered into the
aircraft records showing compliance with this AD 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.
EASA AD 2022-0168 requires certain operational and maintenance mode
test procedure checks, and checking certain wires, whereas this AD
requires operational and maintenance mode test procedure inspections
because those actions must be accomplished by persons authorized under
14 CFR 43.3. Where EASA AD 2022-0168 requires ``installation of a
placard in the cockpit,'' this AD also requires that action be
accomplished by persons authorized under 14 CFR 43.3.
EASA AD 2022-0168 requires operators to ``inform all flight crews''
of the operational limitation as defined in EASA AD 2022-0168 and,
thereafter, to ``operate the helicopter accordingly.'' However, this AD
does not specifically require those actions. FAA regulations mandate
compliance with placards; therefore, it is not necessary to include a
requirement in this AD to ``operate the helicopter accordingly.''
Furthermore, compliance with an AD requirement to ``inform all flight
crews'' of the additional operational limitation is impracticable to
demonstrate or track on an ongoing basis; therefore, a requirement to
inform all flight crews of an additional operational limitation is
unenforceable.
EASA AD 2022-0168 specifies contacting Airbus Helicopters to obtain
approved instructions and accomplishing those instructions, whereas
this AD requires accomplishing corrective action in accordance with a
method approved by the FAA, EASA, or Airbus Helicopters Deutschland
GmbH's EASA Design Organization Approval.
Interim Action
The FAA considers this AD interim action. If further action is
identified, the FAA might consider further rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(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
[[Page 16176]]
AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because the multi-function display is a critical component of the
helicopter and displays vital avionics information to the pilot, and
loss of its functionality could occur during any phase of flight
without previous indication. The FAA also has no information as to how
quickly this condition may propagate into failure. In light of this,
the initial inspection must be accomplished within 55 hours time-in-
service after the effective date of this AD. Based on the average
flight-hour utilization rates of these helicopters, some of these
helicopters could reach the compliance time for the initial
requirements within about two months. Therefore, the compliance time
for the required actions is 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)(3)(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 forego notice and
comment.
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
ADDRESSES. Include ``Docket No. FAA-2023-0430; Project Identifier MCAI-
2022-01092-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 Kristi
Bradley, Program Manager, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email
[email protected]. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
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 97 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.
Inspecting the Ethernet connectivity of the IMA suite takes up to
0.25 work-hour for an estimated cost of up to $21 per helicopter and
$2,037 for the U.S. fleet per inspection cycle.
If necessary, troubleshooting the components of the IMA suite takes
up to 12 work-hours for an estimated cost of up to $1,020 per
helicopter. Additionally, during troubleshooting, you may incur the
following costs:
If necessary, repairing the IMA suite cables takes up to 25 work-
hours for an estimated cost of up to $2,125 per cable repair.
If necessary, replacing the data transfer device (DTD) takes about
2 work-hours and parts cost about $18,711 for an estimated cost of
$18,881 per DTD replacement.
If necessary, replacing the airborne communication server (ACS)
takes about 6 work-hours and parts cost $35,702 for an estimated cost
of $36,212 per ACS replacement.
If necessary, replacing a dynamic monitoring acquisition unit
(DMAU) takes about 5 work-hours and parts cost about $66,457 for an
estimated cost of $66,882 per replacement.
If necessary, replacing an MFD takes about 8 work-hours and parts
cost about $71,296 for an estimated cost of $71,976 per replacement.
If necessary, replacing the aircraft management computer (AMC)
takes about 10 work-hours and parts cost about $92,051 for an estimated
cost of $92,901 per replacement.
If necessary, installing placards on the instrument panel would
take about 1 work-hour and parts cost a nominal amount for an estimated
cost of $85 per helicopter.
The FAA has no data to estimate the costs to accomplish approved
repairs based on the results of the inspections and the FAA has no data
to determine the number of helicopters that might need repair.
Revising the existing RFM for your helicopter takes about 0.25
work-hour for an estimated cost of $21 per helicopter and $2,037 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
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.
[[Page 16177]]
For the reasons discussed, 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:
2023-05-09 Airbus Helicopters Deutschland GmbH (AHD): Amendment 39-
22378; Docket No. FAA-2023-0430; Project Identifier MCAI-2022-01092-
R.
(a) Effective Date
This airworthiness directive (AD) is effective March 31, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Deutschland GmbH (AHD)
Model EC135P3 and EC135T3 helicopters with Helionix installed, and
Model 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 or
EC135T3H designation are Model EC135P3 helicopters or Model EC135T3
helicopters with Helionix installed, respectively.
(d) Subject
Joint Aircraft System Component (JASC) Code: 3197, Instrument
System Wiring.
(e) Unsafe Condition
This AD was prompted by reports of multiple multi-function
display (MFD) failures during flight. The FAA is issuing this AD to
address failure of an MFD and consequent loss of display information
during flight. The unsafe condition, if not addressed, could result
in the unexpected loss of display of important flight parameters to
the pilots, which could result in loss of control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
(1) Except as specified in paragraph (h) of this AD: Comply with
all required actions and compliance times specified in, and in
accordance with, paragraphs (1), (2), (4), and (5) of European Union
Aviation Safety Agency (EASA) AD 2022-0168, dated August 12, 2022
(EASA AD 2022-0168).
(2) Within 7 days after the effective date of this AD, revise
the existing Rotorcraft Flight Manual (RFM) for your helicopter by
incorporating the RFM emergency procedure in Figure 1 or Figure 2 to
paragraph (g)(2) of this AD as applicable to your model helicopter.
Revising the existing RFM for your helicopter by updating the
emergency procedures section may be performed by the owner/operator
(pilot) holding at least a private pilot certificate and must be
entered into the aircraft records showing compliance with this AD 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.
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[GRAPHIC] [TIFF OMITTED] TR16MR23.003
[[Page 16179]]
[GRAPHIC] [TIFF OMITTED] TR16MR23.004
Figure 1 to Paragraph (g)(2): RFM Emergency Procedure--Model MBB-BK117
Helicopters
[[Page 16180]]
[GRAPHIC] [TIFF OMITTED] TR16MR23.005
[[Page 16181]]
[GRAPHIC] [TIFF OMITTED] TR16MR23.006
Figure 2 to Paragraph (g)(2): RFM Emergency Procedure--Model EC135
Helicopters
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(3) After the actions required by paragraph (g)(1) of this AD
have been done, no alternative requirements (inspections) are
allowed unless they are approved as specified in the provisions of
the ``Ref. Publications'' section of EASA AD 2022-0168.
(h) Exceptions to EASA AD 2022-0168
(1) Where EASA AD 2022-0168 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2022-0168 refers to July 15, 2022 (the
effective date of EASA AD 2022-0143 dated July 8, 2022) or its
effective date, this AD requires using the effective date of this
AD.
(3) Where paragraph (1) of EASA AD 2022-0168 specifies
``accomplish a check in accordance with the maintenance mode test
procedure, and in accordance with the operational mode test
procedure, as defined in this AD'' for this AD, replace that text
with ``accomplish an inspection in accordance with the maintenance
mode test procedure, and in accordance with the operational mode
test procedure, as defined in this AD.''
(4) Where paragraph (2) of EASA AD 2022-0168 specifies ``if,
during any check as required by paragraph (1) of this AD,'' replace
that text with ``if, during any inspection as required by paragraph
(1) of this AD.''
(5) Where the service information referenced in EASA AD 2022-
0168 permits certain actions to be performed by a pilot or
equivalent with the correct training and accreditation, this AD
requires those actions to be accomplished by persons authorized
under 14 CFR 43.3.
(6) Where paragraph (4) of EASA AD 2022-0168 specifies to
``inform all flight crews and, thereafter, operate the helicopter
accordingly,'' this AD does not require those actions.
(7) Where the service information referenced in EASA AD 2022-
0168 specifies ``If the continuity test is not satisfactory, check
and repair the associated wires;'' for this AD, replace that text
with ``If the continuity test is not satisfactory, inspect and
repair the associated wires.''
(8) Where the service information referenced in EASA AD 2022-
0168 specifies-contacting Airbus Helicopters for a technical
solution, this AD requires corrective action done in accordance with
a method approved by the Manager, General Aviation & Rotorcraft
Section, 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.
(i) Special Flight Permits
Special flight permits are prohibited for flights in Instrument
Meteorological Conditions (IMC) and Night Visual Meteorological
Conditions (VMC).
[[Page 16182]]
(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) 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.
(k) Related Information
For more information about this AD, contact Kristi Bradley,
Program Manager, COS Program Management Section, Operational Safety
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0168,
dated August 12, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0168, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find the EASA
material on the EASA website at ad.easa.europa.eu.
(4) You may view this service information 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.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on March 10, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-05426 Filed 3-14-23; 8:45 am]
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