Airworthiness Directives; Airbus Helicopters, 31604-31607 [2023-10620]
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Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Rules and Regulations
Comment (1): (1) Clarify what the
effective date means for borrowers.
Agency response (1): Thank you for
pointing this out. We will provide
additional guidance on the website to
assist in explaining the effective date. In
addition, RUS will notify current
awardees of the revisions to this part.
Comment (2): RUS should be aware
that the Government Accountability
Office has issued an Exposure Draft that
proposes changes to the Government
Auditing Standards (GAS).
Agency response (2): The Agency
acknowledges that the standards are
being revised and will review those
changes, when available, to see what
changes that may entail. However, the
desire is not to hold these needed
revisions up until such time as updates
are done and have been analyzed to
determine what changes RUS needs to
make.
Comment (3): Paragraphs 1773.9 and
1773.32 include details about the GAS
that fail to accurately reflect the
requirements and mischaracterize that
the results of an audit are an opinion of
the effectiveness of internal controls and
the role of the audit.
Agency response (3): RUS agrees to
amend the language in §§ 1773.9(b) and
1773.32(a) introductory text and (a)(2)
and (3) with the next revision. This
language was in the current version and
has not been changed or amended with
this revision. RUS disagrees with the
suggested removal of § 1773.32(a)(4) and
believes the current language is
sufficient.
Comment (4): Other sections of 1773
are overly prescriptive. (a) Part 1773.40
seems to require that audit
documentation evidence that all
regulatory assets and liabilities be tested
for compliance which implies that
sampling is not acceptable. That is not
consistent with standard auditing
procedures. (b) Similar issues exist in
Parts 1773.42 and 1773.45.
Agency response (4): Sections 1773.40
and 1773.45 were not amended thru this
final rule and therefore, these sections
were not open for public comment.
Sections 1773.40 and 1773.45 apply to
all RUS Electric and Telecom awardees,
stating they must follow Financial
Accounting Standards Board (FASB)
requirements. Electric awardees have
additional requirements to receive RUS
approval for all regulatory assets or
liabilities. Section 1773.42 was
amended to remove all contents and
reserve the section.
Comment (5): The amendment to
Parts 1719.13(b)(1) and 1738.254
includes an incorrect reference to
1773.5 and should be 1773.4.
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Agency response (5): RUS agrees. The
reference in §§ 1719.13(b) and
1738.254(b) will be amended to § 1773.4
in the next revision. RUS does not
consider this a significant deviation
because while § 1773.4 addresses RUS
approval of the auditor, § 1773.5
references the specific requirements for
an auditor to be considered satisfactory
to RUS.
Comment (6): Amendment to Part
1770.13(a) does not agree with changes
made to 1773.3.
Agency response (6): The only change
made to § 1770.13(a) was to remove the
title of 7 CFR part 1773 in the last
sentence. Your comments will be
considered in future revisions to these
parts.
Comment (7): RUS uses the terms
must, shall and should in the various
parts impacted by the FR notice. We
recommend RUS eliminate ‘‘shall’’
throughout the various Parts, define
what is meant by ‘‘must’’ and ‘‘should’’
and then ensure the appropriate term is
used throughout the Parts.
Agency response (7): We understand
your concern. We are leaving the final
rule as is, but will look at the use of
must, should, and shall for when future
updates are made.
Comment (8): We believe the RUS
intent is to not include any appendices
or exhibits to Part 1773. However, we
noted the following document on the
USDA website at: https://
www.rd.usda.gov/files/UET_Bulletin_
1773-1.pdf. This document appears to
include several exhibits including
illustrative auditor reports. If RUS plans
to include any type of exhibit including
information that would be issued by the
auditor, we ask that the AICPA be
provided an opportunity before it is
issued.
Agency response (8): The RUS
Bulletin 1773–1 will be officially
rescinded when this final rule becomes
effective. The Agency will ensure the
bulletin is removed from the website.
The Agency appreciates the time that
AICPA took to review, comment and
question each section and will use that
when the Agency next looks to update
these sections.
No change to the rulemaking is
necessary at this time. The RUS
appreciates the comments received. The
Agency confirms the final rule without
change.
Andrew Berke,
Administrator, Rural Utilities Service.
[FR Doc. 2023–10413 Filed 5–17–23; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0160; Project
Identifier MCAI–2022–01047–R; Amendment
39–22421; AD 2023–08–06]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus Helicopters (Airbus) Model
AS332C, AS332C1, AS332L, AS332L1,
AS332L2, and EC225LP helicopters.
This AD is prompted by modifications
developed by Airbus to address a report
of an emergency exit window that
required excessive pushing force to
jettison. This AD requires removing
skived polytetrafluoroethylene tape
(PTFE tape) (if installed) and replacing
certain polychloroprene seals with
silicone seals, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is incorporated by
reference. This AD also prohibits
installing a jettisonable window unless
the actions required by this AD have
been accomplished. The FAA is issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective June 22,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of June 22, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–0160; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For EASA material 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
SUMMARY:
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Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Rules and Regulations
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easa.europa.eu. You may find the EASA
material on the EASA website at
ad.easa.europa.eu.
• 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. It is also
available at regulations.gov under
Docket No. FAA–2023–0160.
FOR FURTHER INFORMATION CONTACT:
Matthew Fuller, AD Program Manager,
General Aviation & Rotorcraft Unit,
Airworthiness Products Section,
Operational Safety Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222–5110; email
matthew.fuller@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued a series of ADs, the
most recent previously being EASA AD
2021–0012, dated January 11, 2021
(EASA AD 2021–0012), to correct an
unsafe condition for certain Airbus
Model AS332C, AS332C1, AS332L,
AS332L1, AS332L2, and EC225LP
helicopters.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to Airbus Model AS332C,
AS332C1, AS332L, AS332L1, AS332L2,
and EC225LP helicopters. The NPRM
published in the Federal Register on
February 8, 2023 (88 FR 8238). The
NPRM was prompted by modifications
developed by Airbus to address a report
of an emergency exit window that
required excessive pushing force to
jettison. The NPRM proposed to require
accomplishing the actions specified in
EASA AD 2021–0012, 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 EASA AD 2021–0012. The
FAA is issuing this AD to address the
unsafe condition on these products.
After the NPRM was issued, EASA
AD 2021–0012 was revised with EASA
AD 2021–0012R1, dated February 25,
2023 (EASA AD 2021–0012R1) to
include an alternate method to modify
the window jettisoning system. Because
operators may request an alternate
method of compliance for
accomplishing the requirements of this
AD, the FAA is not incorporating by
reference EASA AD 2021–0012R1 but is
incorporating by reference EASA AD
2021–0012 as proposed in the NPRM.
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You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–0160.
Discussion of Final Airworthiness
Directive
Comments
The FAA received no comments on
the NPRM or on the determination of
the costs.
Conclusion
These products have been approved
by the aviation authority of another
country and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI referenced
above. The FAA reviewed the relevant
data and determined that air safety
requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on these
products.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0012 requires
modifying the windows jettisoning
system.
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 ADDRESSES.
Other Related Service Information
The FAA reviewed Airbus Alert
Service Bulletin (ASB) No. AS332–
56.00.16, Revision 0, dated February 10,
2020, Airbus ASB No. AS332–56.00.18,
Revision 0, dated September 23, 2020,
Airbus ASB No. AS332–56.00.20,
Revision 0, dated September 23, 2020,
Airbus ASB No. AS332–56.00.21,
Revision 0, dated September 23, 2020,
Airbus ASB No. AS332–56.90.14,
Revision 0, dated April 10, 2019, Airbus
ASB No. EC225–56A013, Revision 1,
dated February 10, 2020, Airbus ASB
No. EC225–56A015, Revision 0, dated
February 10, 2020, Airbus ASB No.
EC225–56A016, Revision 0, dated
February 10, 2020, and Airbus ASB No.
EC225–56A017, Revision 0, dated
February 10, 2020. This service
information specifies procedures for
modifying the windows jettisoning
system. Depending on your helicopter
configuration, the service information
specifies procedures for removing PTFE
tape (if installed), discarding certain
internal seal keys and external
extraction tapes, installing plugs on
certain snap fasteners, removing certain
emergency exit installation indications,
measuring the thickness of certain
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windows, replacing certain windows,
measuring the clearance between certain
windows and the airframe, modifying
certain assemblies of the external
extraction tape with its associated
marking (if necessary), and replacing
certain polychloroprene seals with
silicone seals.
The FAA also reviewed EASA AD
2021–0012R1, which requires modifying
the windows jettisoning system and
provides an alternate method for
modifying the window jettisoning
system than that required in EASA AD
2021–0012.
Differences Between This AD and EASA
AD 2021–0012
EASA AD 2021–0012 requires
compliance within 250 flight hours or 6
months for certain helicopters not
operated over water and within 110
flight hours or 6 months for certain
other helicopters operated over water.
EASA AD 2021–0012 also requires
compliance within 25 months for all
other affected helicopters. However, this
AD requires compliance within 110
hours time-in-service for all helicopters.
Where the service information
referenced in EASA AD 2021–0012
specifies discarding parts, this AD
requires removing those parts from
service. The service information
referenced in EASA AD 2021–0012
specifies contacting Airbus Helicopter
to obtain a technical solution, whereas
this AD requires repair done in
accordance with a method approved by
the FAA, EASA, or Airbus Helicopters’
EASA Design Organization Approval.
The service information referenced in
EASA AD 2021–0012 specifies using a
video, whereas this AD does not.
This AD also prohibits installing a
jettisonable window unless the actions
required by this AD have been
accomplished, whereas EASA AD 2021–
0012 does not require any installation
limitations.
Costs of Compliance
The FAA estimates that this AD
affects 39 helicopters of U.S. Registry.
Labor costs are estimated at $85 per
work-hour. Based on these numbers, the
FAA estimates the following costs to
comply with this AD.
Modifying a window takes about 2
work-hours and parts cost about $220
for an estimated cost of $390 per
window. There may be up to twelve
affected windows on a helicopter for an
estimated cost of up to $4,680 per
helicopter and up to $182,520 for the
U.S. fleet.
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Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Rules and Regulations
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,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
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■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
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2023–08–06 Airbus Helicopters:
Amendment 39–22421; Docket No.
FAA–2023–0160; Project Identifier
MCAI–2022–01047–R.
(a) Effective Date
This airworthiness directive (AD) is
effective June 22, 2023.
(b) Affected ADs
Accomplishing the actions required by this
AD terminates all requirements of AD 2020–
20–08, Amendment 39–21264 (85 FR 70955,
November 6, 2020).
(c) Applicability
This AD applies to Airbus Helicopters
Model AS332C, AS332C1, AS332L,
AS332L1, AS332L2, and EC225LP
helicopters, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2021–0012, dated
January 11, 2021 (EASA AD 2021–0012).
(d) Subject
Joint Aircraft System Component (JASC)
Code: 5220, Emergency Exits.
(e) Unsafe Condition
This AD was prompted by a report of an
emergency exit window that required
excessive pushing force to jettison caused by
friction between the jettisonable window and
the airframe. The FAA is issuing this AD to
prevent excessive friction between the
jettisonable cabin window and the airframe.
The unsafe condition, if not addressed, could
prevent the window from jettisoning,
subsequently affecting the evacuation of
passengers during an emergency situation.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
(1) 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, EASA AD 2021–
0012.
(2) As of the effective date of this AD, do
not install a jettisonable window on any
helicopter unless the actions required by this
AD have been accomplished.
(h) Exceptions to EASA AD 2021–0012
(1) Where EASA AD 2021–0012 requires
compliance in terms of flight hours, this AD
requires using hours time-in-service.
(2) Where EASA AD 2021–0012 refers to its
effective date, the effective date of EASA AD
2019–0107, dated May 16, 2019, and the
effective date of EASA AD 2020–0061, dated
March 17, 2020, this AD requires using the
effective date of this AD.
(3) Where paragraph (1) of EASA AD 2021–
0012 specifies compliance within 250 flight
hours or 6 months for helicopters not
operated over water and within 110 flight
hours or 6 months for helicopters operated
over water, this AD requires compliance
within 110 hours time-in-service (TIS) for
Group 1 and Group 2 helicopters, as defined
in EASA AD 2021–0012.
(4) Where paragraph (2) of EASA AD 2021–
0012 specifies compliance within 25 months,
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this AD requires compliance within 110
hours TIS.
(5) Where the service information
referenced in EASA AD 2021–0012 specifies
discarding parts, this AD requires removing
those parts from service.
(6) Where the service information
referenced in EASA AD 2021–0012 specifies
contacting Airbus Helicopters to obtain a
technical solution, this AD requires repair
done in accordance with a method approved
by the Manager, General Aviation &
Rotorcraft Section, International Validation
Branch, FAA; or EASA; or Airbus
Helicopters’ EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(7) Where the service information
referenced in EASA AD 2021–0012 specifies
to use tooling, this AD allows the use of
equivalent tooling.
(8) Where the service information
referenced in EASA AD 2021–0012 specifies
using a video, this AD does not require using
the video.
(9) Paragraph (3) of EASA AD 2021–0012
does not apply to this AD. Refer to paragraph
(b) of this AD for affected FAA AD
information.
(10) This AD does not adopt the Remarks
paragraph of EASA AD 2021–0012.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2021–0012 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Special Flight Permit
Special flight permits are prohibited for
flights over water with passengers on board.
(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)(2) 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.
(l) Additional Information
(1) For Airbus Helicopters service
information identified in this AD, contact
Airbus Helicopters, Ala Ramaden, 2701 N
Forum Drive, Grand Prairie, TX 75052,
United States; phone: (972) 641–0000;
website: airbus.com/helicopters/services/
technical-support.html.
(2) For more information about this AD,
contact Matthew Fuller, AD Program
Manager, General Aviation & Rotorcraft Unit,
Airworthiness Products Section, Operational
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Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Rules and Regulations
Safety Branch, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone (817) 222–
5110; email matthew.fuller@faa.gov.
(m) 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 the AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2021–0012, dated January 11,
2021.
(ii) [Reserved]
(3) For EASA AD 2021–0012, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu.
(4) You may view this service information
at 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 service information
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 April 19, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–10620 Filed 5–17–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2022–1586; Airspace
Docket No. 22–AGL–19]
RIN 2120–AA66
Amendment of V–171 in the Vicinity of
Roseau, MN
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends Very High
Frequency (VHF) Omnidirectional
Range (VOR) Federal airway V–171 in
the vicinity of Roseau, MN. The
amendment is due to the planned
decommissioning of the VOR portion of
the Roseau, MN (ROX), VOR/Distance
Measuring Equipment (VOR/DME)
navigational aid (NAVAID). The Roseau
VOR is being decommissioned as part of
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SUMMARY:
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the FAA’s VOR Minimum Operational
Network (MON) program.
DATES: Effective date 0901 UTC, August
10, 2023. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
ADDRESSES: A copy of the NPRM, all
comments received, this final rule, and
all background material may be viewed
online at www.regulations.gov using the
FAA Docket number. Electronic
retrieval help and guidelines are
available on the website. It is available
24 hours each day, 365 days each year.
An electronic copy of this document
may also be downloaded from the Office
of the Federal Register’s website at
www.federalregister.gov.
FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
modify the Air Traffic Service (ATS)
route structure as necessary to preserve
the safe and efficient flow of air traffic
within the National Airspace System.
History
The FAA published a notice of
proposed rulemaking for Docket No.
FAA–2022–1586 in the Federal Register
(87 FR 75974; December 12, 2022),
amending VOR Federal airway V–171
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due to the planned decommissioning of
the VOR portion of the Roseau, MN,
VOR/DME NAVAID. Interested parties
were invited to participate in this
rulemaking effort by submitting written
comments on the proposal. No
comments were received.
Incorporation by Reference
VOR Federal airways are published in
paragraph 6010(a) of FAA Order JO
7400.11, Airspace Designations and
Reporting Points, which is incorporated
by reference in 14 CFR 71.1 on an
annual basis. This document amends
the current version of that order, FAA
Order JO 7400.11G, dated August 19,
2022, and effective September 15, 2022.
FAA Order JO 7400.11G is publicly
available as listed in the ADDRESSES
section of this document. This
amendment action will be published in
the next update to FAA Order JO
7400.11.
FAA Order JO 7400.11G lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by
amending VOR Federal airway V–171
due to the planned decommissioning of
the VOR portion of Roseau, MN, VOR/
DME NAVAID. The airway action is
described below.
V–171: V–171 extends between the
Lexington, KY, VOR/DME and the Joliet,
IL, VOR/DME; and between the Nodine,
MN, VOR/Tactical Air Navigation
(VORTAC) and the Roseau, MN, VOR/
DME. The airway segment between the
Grand Forks, ND, VOR/DME and the
Roseau, MN, VOR/DME is removed. As
amended, the airway extends between
the Lexington VOR/DME and the Joliet
VOR/DME; and between the Nodine
VORTAC and the Grand Forks VOR/
DME.
The NAVAID radials contained in the
V–171 airway description below are
unchanged and stated in degrees True
north.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
E:\FR\FM\18MYR1.SGM
18MYR1
]]>Agencies
[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Rules and Regulations]
[Pages 31604-31607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10620]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0160; Project Identifier MCAI-2022-01047-R;
Amendment 39-22421; AD 2023-08-06]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Helicopters (Airbus) Model AS332C, AS332C1, AS332L,
AS332L1, AS332L2, and EC225LP helicopters. This AD is prompted by
modifications developed by Airbus to address a report of an emergency
exit window that required excessive pushing force to jettison. This AD
requires removing skived polytetrafluoroethylene tape (PTFE tape) (if
installed) and replacing certain polychloroprene seals with silicone
seals, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference. This AD also prohibits
installing a jettisonable window unless the actions required by this AD
have been accomplished. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective June 22, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 22,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0160; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For EASA material 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
[[Page 31605]]
easa.europa.eu. You may find the EASA material on the EASA website at
ad.easa.europa.eu.
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. It is also available at
regulations.gov under Docket No. FAA-2023-0160.
FOR FURTHER INFORMATION CONTACT: Matthew Fuller, AD Program Manager,
General Aviation & Rotorcraft Unit, Airworthiness Products Section,
Operational Safety Branch, 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 a series of ADs, the most recent previously
being EASA AD 2021-0012, dated January 11, 2021 (EASA AD 2021-0012), to
correct an unsafe condition for certain Airbus Model AS332C, AS332C1,
AS332L, AS332L1, AS332L2, and EC225LP helicopters.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Airbus Model AS332C,
AS332C1, AS332L, AS332L1, AS332L2, and EC225LP helicopters. The NPRM
published in the Federal Register on February 8, 2023 (88 FR 8238). The
NPRM was prompted by modifications developed by Airbus to address a
report of an emergency exit window that required excessive pushing
force to jettison. The NPRM proposed to require accomplishing the
actions specified in EASA AD 2021-0012, 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 EASA AD 2021-0012. The FAA is
issuing this AD to address the unsafe condition on these products.
After the NPRM was issued, EASA AD 2021-0012 was revised with EASA
AD 2021-0012R1, dated February 25, 2023 (EASA AD 2021-0012R1) to
include an alternate method to modify the window jettisoning system.
Because operators may request an alternate method of compliance for
accomplishing the requirements of this AD, the FAA is not incorporating
by reference EASA AD 2021-0012R1 but is incorporating by reference EASA
AD 2021-0012 as proposed in the NPRM.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0160.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the costs.
Conclusion
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data and
determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0012 requires modifying the windows jettisoning
system.
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 ADDRESSES.
Other Related Service Information
The FAA reviewed Airbus Alert Service Bulletin (ASB) No. AS332-
56.00.16, Revision 0, dated February 10, 2020, Airbus ASB No. AS332-
56.00.18, Revision 0, dated September 23, 2020, Airbus ASB No. AS332-
56.00.20, Revision 0, dated September 23, 2020, Airbus ASB No. AS332-
56.00.21, Revision 0, dated September 23, 2020, Airbus ASB No. AS332-
56.90.14, Revision 0, dated April 10, 2019, Airbus ASB No. EC225-
56A013, Revision 1, dated February 10, 2020, Airbus ASB No. EC225-
56A015, Revision 0, dated February 10, 2020, Airbus ASB No. EC225-
56A016, Revision 0, dated February 10, 2020, and Airbus ASB No. EC225-
56A017, Revision 0, dated February 10, 2020. This service information
specifies procedures for modifying the windows jettisoning system.
Depending on your helicopter configuration, the service information
specifies procedures for removing PTFE tape (if installed), discarding
certain internal seal keys and external extraction tapes, installing
plugs on certain snap fasteners, removing certain emergency exit
installation indications, measuring the thickness of certain windows,
replacing certain windows, measuring the clearance between certain
windows and the airframe, modifying certain assemblies of the external
extraction tape with its associated marking (if necessary), and
replacing certain polychloroprene seals with silicone seals.
The FAA also reviewed EASA AD 2021-0012R1, which requires modifying
the windows jettisoning system and provides an alternate method for
modifying the window jettisoning system than that required in EASA AD
2021-0012.
Differences Between This AD and EASA AD 2021-0012
EASA AD 2021-0012 requires compliance within 250 flight hours or 6
months for certain helicopters not operated over water and within 110
flight hours or 6 months for certain other helicopters operated over
water. EASA AD 2021-0012 also requires compliance within 25 months for
all other affected helicopters. However, this AD requires compliance
within 110 hours time-in-service for all helicopters.
Where the service information referenced in EASA AD 2021-0012
specifies discarding parts, this AD requires removing those parts from
service. The service information referenced in EASA AD 2021-0012
specifies contacting Airbus Helicopter to obtain a technical solution,
whereas this AD requires repair done in accordance with a method
approved by the FAA, EASA, or Airbus Helicopters' EASA Design
Organization Approval. The service information referenced in EASA AD
2021-0012 specifies using a video, whereas this AD does not.
This AD also prohibits installing a jettisonable window unless the
actions required by this AD have been accomplished, whereas EASA AD
2021-0012 does not require any installation limitations.
Costs of Compliance
The FAA estimates that this AD affects 39 helicopters of U.S.
Registry. Labor costs are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
Modifying a window takes about 2 work-hours and parts cost about
$220 for an estimated cost of $390 per window. There may be up to
twelve affected windows on a helicopter for an estimated cost of up to
$4,680 per helicopter and up to $182,520 for the U.S. fleet.
[[Page 31606]]
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,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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:
2023-08-06 Airbus Helicopters: Amendment 39-22421; Docket No. FAA-
2023-0160; Project Identifier MCAI-2022-01047-R.
(a) Effective Date
This airworthiness directive (AD) is effective June 22, 2023.
(b) Affected ADs
Accomplishing the actions required by this AD terminates all
requirements of AD 2020-20-08, Amendment 39-21264 (85 FR 70955,
November 6, 2020).
(c) Applicability
This AD applies to Airbus Helicopters Model AS332C, AS332C1,
AS332L, AS332L1, AS332L2, and EC225LP helicopters, certificated in
any category, as identified in European Union Aviation Safety Agency
(EASA) AD 2021-0012, dated January 11, 2021 (EASA AD 2021-0012).
(d) Subject
Joint Aircraft System Component (JASC) Code: 5220, Emergency
Exits.
(e) Unsafe Condition
This AD was prompted by a report of an emergency exit window
that required excessive pushing force to jettison caused by friction
between the jettisonable window and the airframe. The FAA is issuing
this AD to prevent excessive friction between the jettisonable cabin
window and the airframe. The unsafe condition, if not addressed,
could prevent the window from jettisoning, subsequently affecting
the evacuation of passengers during an emergency situation.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
(1) 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, EASA AD 2021-0012.
(2) As of the effective date of this AD, do not install a
jettisonable window on any helicopter unless the actions required by
this AD have been accomplished.
(h) Exceptions to EASA AD 2021-0012
(1) Where EASA AD 2021-0012 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2021-0012 refers to its effective date, the
effective date of EASA AD 2019-0107, dated May 16, 2019, and the
effective date of EASA AD 2020-0061, dated March 17, 2020, this AD
requires using the effective date of this AD.
(3) Where paragraph (1) of EASA AD 2021-0012 specifies
compliance within 250 flight hours or 6 months for helicopters not
operated over water and within 110 flight hours or 6 months for
helicopters operated over water, this AD requires compliance within
110 hours time-in-service (TIS) for Group 1 and Group 2 helicopters,
as defined in EASA AD 2021-0012.
(4) Where paragraph (2) of EASA AD 2021-0012 specifies
compliance within 25 months, this AD requires compliance within 110
hours TIS.
(5) Where the service information referenced in EASA AD 2021-
0012 specifies discarding parts, this AD requires removing those
parts from service.
(6) Where the service information referenced in EASA AD 2021-
0012 specifies contacting Airbus Helicopters to obtain a technical
solution, this AD requires repair done in accordance with a method
approved by the Manager, General Aviation & Rotorcraft Section,
International Validation Branch, FAA; or EASA; or Airbus
Helicopters' EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
(7) Where the service information referenced in EASA AD 2021-
0012 specifies to use tooling, this AD allows the use of equivalent
tooling.
(8) Where the service information referenced in EASA AD 2021-
0012 specifies using a video, this AD does not require using the
video.
(9) Paragraph (3) of EASA AD 2021-0012 does not apply to this
AD. Refer to paragraph (b) of this AD for affected FAA AD
information.
(10) This AD does not adopt the Remarks paragraph of EASA AD
2021-0012.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0012
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Special Flight Permit
Special flight permits are prohibited for flights over water
with passengers on board.
(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)(2) 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
(1) For Airbus Helicopters service information identified in
this AD, contact Airbus Helicopters, Ala Ramaden, 2701 N Forum
Drive, Grand Prairie, TX 75052, United States; phone: (972) 641-
0000; website: airbus.com/helicopters/services/technical-support.html.
(2) For more information about this AD, contact Matthew Fuller,
AD Program Manager, General Aviation & Rotorcraft Unit,
Airworthiness Products Section, Operational
[[Page 31607]]
Safety Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222-5110; email [email protected].
(m) 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 the AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2021-0012,
dated January 11, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0012, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]. You may find this material on the EASA website
at ad.easa.europa.eu.
(4) You may view this service information at 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 service information 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 April 19, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-10620 Filed 5-17-23; 8:45 am]
BILLING CODE 4910-13-P
