Airworthiness Directives; Airbus Helicopters, 71283-71287 [2023-22856]
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Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Rules and Regulations
III. Summary of Section 1034(c)
Obligations
The CFPB is providing this summary
section to assist large banks and credit
unions in complying with section
1034(c). This section is intended to
serve as a simplified summary and a
reference tool, and large banks and
credit unions should refer to the legal
analysis above for further detail and
information.
As discussed above, when a bank or
credit union with over $10 billion in
assets receives a request for information
from a consumer relating to the
consumer’s account for a consumer
financial product or service, section
1034(c) requires the bank or credit
union to respond with information in its
possession or control. The large bank or
credit union must respond to the
request in a timely manner; whether a
response is timely may depend on the
complexity of the request or difficulty of
responding. Responses to consumer
information requests must also be
complete and accurate. Large banks and
credit unions may respond to requests
using any means or channels they
choose.
Consumers need information
regarding their accounts to manages
their finances, and the Advisory
Opinion describes examples of account
information that must be provided upon
request. Consumers can request
information such as account balances,
transaction history, interest rates,
scheduled auto-payments, fees, or
balances necessary to pay off a loan, and
may also request supporting written
documents such as copies or images of
checks or original signed contracts. The
obligation to respond does not include
information that does not concern the
individual consumer’s account, such as
internal operating procedures or
policies, or the company’s financial
performance, marketing strategy, or
training program for its employees. The
obligation also does not apply to
information that falls within the four
enumerated exceptions in section
1034(c), including confidential
information or information collected to
prevent fraud or money laundering.
Section 1034(c) does not bar large
banks and credit unions from imposing
reasonable impediments on consumer
information requests, such as reasonable
identity verification and data security
measures. But large banks and credit
unions may not impose conditions that
unreasonably impede consumers’
information requests. The practice of
charging fees to respond to an
information request would generally
unreasonably impede consumers’
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exercise of their rights under section
1034(c), and thus violate the provision.
Regardless of how a large bank or credit
union labels or categorizes a fee on its
fee schedule or other documents,
section 1034(c) does not permit
unreasonable impediments to a request
for information about a consumer’s
account. That would likely include
charging fees (1) to respond to consumer
inquiries regarding their deposit
account balance; (2) to respond to
consumer inquiries seeking the amount
necessary to pay a loan balance; (3) to
respond to a request for a specific type
of supporting document, such as a
check image or an original account
agreement; and (4) for time spent on
consumer inquiries seeking information
and supporting documents regarding an
account. Depending on the
circumstances, other kinds of conditions
or obstacles may also violate section
1034(c), such as forcing consumers to
endure excessive wait times, requiring
consumers to submit the same request
multiple times, requiring consumers to
interact with a chatbot that does not
adequately respond to requests, or
directing consumers to obtain
information from a third party.
As a matter of prosecutorial
discretion, the CFPB does not intend to
seek monetary relief for potential
violations of section 1034(c) that occur
prior to February 1, 2024.
IV. Regulatory Matters
The CFPB has concluded that the
Advisory Opinion is an interpretive rule
in part and a general statement of policy
in part. Insofar as the Advisory Opinion
constitutes an interpretive rule, it is
issued under the CFPB’s authority to
interpret the Consumer Financial
Protection Act, including under section
1022(b)(1) of the Consumer Financial
Protection Act, which authorizes
guidance as may be necessary or
appropriate to enable the CFPB to
administer and carry out the purposes
and objectives of Federal consumer
financial laws.35
Insofar as the Advisory Opinion
constitutes a general statement of
policy, it provides background
information about applicable law and
articulates considerations relevant to the
CFPB’s exercise of its authorities. It does
not confer any rights of any kind.
Pursuant to the Congressional Review
Act,36 the CFPB will submit a report
containing this Advisory Opinion and
other required information to the United
States Senate, the United States House
of Representatives, and the Comptroller
PO 00000
U.S.C. 5512(b)(1).
U.S.C. 801 et seq.
General of the United States prior to the
rule’s published effective date. The
Office of Information and Regulatory
Affairs has designated this interpretive
rule as not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
The CFPB has determined that this
Advisory Opinion also does not impose
any new or revise any existing
recordkeeping, reporting, or disclosure
requirements on covered entities or
members of the public that would be
collections of information requiring
approval by the Office of Management
and Budget under the Paperwork
Reduction Act of 1995.37
Rohit Chopra,
Director, Consumer Financial Protection
Bureau.
[FR Doc. 2023–22774 Filed 10–13–23; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1998; Project
Identifier MCAI–2023–01045–R; Amendment
39–22572; AD 2023–20–51]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for Airbus
Helicopters Model AS332C, AS332C1,
AS332L, AS332L1, AS332L2, and
SA330J helicopters. This AD was
prompted by a report of three newly
supplied main rotor swashplate bushing
retaining plates with oversized internal
diameters. This AD requires
accomplishing a one-time inspection to
measure the internal diameter of
affected bushing retaining plates and
depending on the results, accomplishing
an additional inspection, replacing nonconforming bushing retaining plates, or
accomplishing additional corrective
action, as specified in a European Union
Aviation Safety Agency (EASA) AD,
which is incorporated by reference. The
FAA previously sent this AD as an
emergency AD to all known U.S. owners
and operators of these helicopters. The
FAA is issuing this AD to address the
unsafe condition on these products.
SUMMARY:
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U.S.C. 3501–3521.
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Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Rules and Regulations
This AD is effective October 31,
2023. Emergency AD 2023–20–51,
issued on October 2, 2023, which
contained the requirements of this
amendment, was effective with actual
notice.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 31, 2023.
The FAA must receive comments on
this AD by November 30, 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–2023–1998; 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 identified in this
final rule, contact EASA, KonradAdenauer-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.
• 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–2023–1998.
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;
phone (972) 641–0000 or (800) 232–
0323; fax (972) 641–3775; or at
airbus.com/en/products-services/
helicopters/hcare-services/airbusworld.
You may also view this service
information at the FAA contact
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DATES:
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Background
information under Material
Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT:
Dan
McCully, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone (404) 474–
5548; email william.mccully@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2023–1998;
Project Identifier MCAI–2023–01045–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 Dan McCully,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone (404) 474–5548; email
william.mccully@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.
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The FAA issued Emergency AD 2023–
20–51, dated October 2, 2023 (the
emergency AD), to address an unsafe
condition on Airbus Helicopters Model
AS332C, AS332C1, AS332L, AS332L1,
AS332L2, and SA330J helicopters. The
FAA sent the emergency AD to all
known U.S. owners and operators of
these helicopters. The emergency AD
requires accomplishing a one-time
inspection to measure the internal
diameter of affected bushing retaining
plates and depending on the results,
inspecting the scissor attachment ball
joint seating or replacing nonconforming bushing retaining plates.
Depending on the results of the scissor
attachment ball joint seating inspection,
the emergency AD requires
accomplishing repair in accordance
with a method approved by the FAA,
EASA, or Airbus Helicopters’ EASA
Design Organization Approval (DOA).
Lastly, the emergency AD prohibits
installing an affected bushing retaining
plate unless it has passed its required
inspection.
The emergency AD was prompted by
EASA Emergency AD 2023–0174–E,
dated October 2, 2023 (EASA AD 2023–
0174–E), issued by EASA, which is the
Technical Agent for the Member States
of the European Union, to correct an
unsafe condition on Airbus Helicopters
Model SA 330 J, AS 332 C, AS 332 C1,
AS 332 L, AS 332 L1, and AS 332 L2
helicopters. EASA AD 2023–0174–E
states that during an overhaul of a main
rotor assembly, three newly supplied
main rotor swashplate retaining bushes
were identified as out of tolerance with
a diameter of 39 mm (1.535 in.) instead
of 31 mm (1.22 in.). EASA AD 2023–
0174–E also states that affected retaining
bushes may be installed on main rotor
rotating and non-rotating swashplates.
You may examine EASA AD 2023–
0174–E in the AD docket at
regulations.gov under Docket No. FAA–
2023–1998.
The FAA is issuing this AD to detect
out of tolerance main rotor swashplate
bushing retaining plates. This condition,
if not addressed, could result in damage
to the main rotor assembly and
subsequent loss of control of the
helicopter.
Related Service Information Under 1
CFR Part 51
The FAA reviewed EASA AD 2023–
0174–E, which requires a one-time
inspection to measure the internal
diameter of affected retaining bushes
and depending on the results,
inspecting the scissor attachment ball
joint seating or replacing non-
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conforming retaining bushes. Depending
on the results of the scissor attachment
ball joint seating inspection, EASA AD
2023–0174–E requires contacting AH
[Airbus Helicopters] for approved repair
instructions and accomplishing those
instructions accordingly. Lastly, EASA
AD 2023–0174–E prohibits installing an
affected retaining bush unless it has
passed its required inspection.
Additionally, EASA AD 2023–0174–E
refers to a ‘‘bushing retaining plate’’ as
a ‘‘retaining bush.’’
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.
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Other Related Service Information
The FAA also reviewed Airbus
Helicopters Emergency Alert Service
Bulletins AS332–62–00–0001 and
SA330–65–00–0003, each Revision 1
and dated September 29, 2023. This
service information specifies procedures
for measuring the internal diameter of
the bush retainings on the rotating and
non-rotating swashplates and, if at least
one internal diameter of the three bush
retainings is more than 33 mm (1.3 in.),
contacting Airbus Helicopters, removing
and discarding each out of tolerance
bush retaining, and checking the ball
joint seating on the support. If the ball
joint is not properly seated on the
support, this service information
specifies contacting Airbus Helicopters
to get a repair solution. Lastly, this
service information specifies procedures
for installing new bush retainings.
Additionally, Airbus Helicopters refers
to a ‘‘bushing retaining plate’’ as either
a ‘‘bush retaining,’’ ‘‘stop ring,’’
‘‘retaining bush,’’ or ‘‘locking ring’’ in
its service information.
FAA’s Determination
These helicopters have been approved
by the aviation authority of the
European Union and are approved for
operation in the United States. Pursuant
to the FAA’s bilateral agreement with
the European Union, EASA, its
technical representative, has notified
the FAA of the unsafe condition
described in its emergency 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 these same type
designs.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2023–
0174–E, described previously, as
incorporated by reference, except for
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any differences identified as exceptions
in the regulatory text of this AD and
except as discussed under ‘‘Differences
Between this AD and the EASA
Emergency AD.’’
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, EASA AD 2023–
0174–E is incorporated by reference in
this FAA final rule. This AD, therefore,
requires compliance with EASA AD
2023–0174–E in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in EASA
AD 2023–0174–E does not mean that
operators need comply only with that
section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in EASA AD 2023–0174–E.
Service information referenced in EASA
AD 2023–0174–E for compliance will be
available at regulations.gov under
Docket No. FAA–2023–1998 after this
final rule is published.
Differences Between This AD and the
EASA Emergency AD
The service information referenced in
EASA AD 2023–0174–E specifies
contacting Airbus Helicopters to get a
repair solution and EASA AD 2023–
0174–E requires contacting AH [Airbus
Helicopters] for approved repair
instructions and accomplishing those
instructions accordingly if a scissor
attachment ball joint is not properly
seated, whereas this AD requires repair
done in accordance with a method
approved by the FAA, EASA, or Airbus
Helicopters’ EASA DOA.
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,
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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
required the immediate adoption of
Emergency AD 2023–20–51, issued on
October 2, 2023, to all known U.S.
owners and operators of these
helicopters. The FAA found that the risk
to the flying public justified waiving
notice and comment prior to adoption of
this rule because the affected
components are part of an assembly that
is critical to the control of a helicopter.
As the FAA has no information
pertaining to the quantity of nonconforming components that may
currently exist in the U.S. fleet or how
quickly the condition may propagate to
failure, the actions required by this AD
must be accomplished within two days.
These conditions still exist, therefore,
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.
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 14 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 bushing retaining
plates takes about 0.5 work-hour for an
estimated cost of $43 per helicopter and
up to $602 for the U.S. fleet. If required,
replacing a non-conforming bushing
retaining plate takes about 6 work-hours
and parts cost about $600 for an
estimated cost of $1,110 per
replacement.
If required, inspecting the scissor
attachment ball joint seating takes about
3 work-hours and costs about $255 per
helicopter. The corrective action that
may be needed as a result of that
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inspection could vary significantly from
helicopter to helicopter. The FAA has
no data to determine the costs to
accomplish the corrective action or the
number of helicopters that may require
corrective action.
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, 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.
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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:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
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§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2023–20–51 Airbus Helicopters:
Amendment 39–22572; Docket No.
FAA–2023–1998; Project Identifier
MCAI–2023–01045–R.
(a) Effective Date
The FAA issued Emergency Airworthiness
Directive (AD) 2023–20–51 on October 2,
2023, directly to affected owners and
operators. As a result of such actual notice,
that emergency AD was effective for those
owners and operators on the date it was
provided. This AD contains the same
requirements as that emergency AD and, for
those who did not receive actual notice, is
effective on October 31, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters
Model AS332C, AS332C1, AS332L,
AS332L1, AS332L2, and SA330J helicopters,
certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)
Code: 6230, Main Rotor Mast/Swashplate.
(e) Unsafe Condition
This AD was prompted by a report of three
newly supplied main rotor swashplate
bushing retaining plates with oversized
internal diameters. The FAA is issuing this
AD to detect out of tolerance main rotor
swashplate bushing retaining plates. The
unsafe condition, if not addressed, could
result in damage to the main rotor assembly
and subsequent loss of control of the
helicopter.
Note 1 to paragraph (e): European Union
Aviation Safety Agency (EASA) Emergency
AD 2023–0174–E, dated October 2, 2023
(EASA AD 2023–0174–E), refers to a
‘‘bushing retaining plate’’ as a ‘‘retaining
bush.’’ The service information referenced in
EASA AD 2023–0174–E refers to a ‘‘bushing
retaining plate’’ as either a ‘‘bush retaining,’’
‘‘stop ring,’’ ‘‘retaining bush,’’ or ‘‘locking
ring.’’
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraphs (h) and
(i) of this AD: Comply with all required
actions and compliance times specified in,
and in accordance with, EASA AD 2023–
0174–E.
(h) Exceptions to EASA AD 2023–0174–E
(1) Where EASA AD 2023–0174–E refers to
its effective date, this AD requires using the
effective date of this AD.
(2) Where paragraph (1) of EASA AD 2023–
0174–E states, ‘‘before next flight,’’ for this
AD, replace that text with, ‘‘within two
calendar days.’’
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(3) Where paragraph (2) of EASA AD 2023–
0174–E specifies inspecting the scissor
attachment ball joint seating without a
compliance time, this AD requires that action
before further flight.
(4) Where the service information
referenced in EASA AD 2023–0174–E
specifies discarding parts, this AD requires
removing those parts from service.
(5) Where the service information
referenced in EASA AD 2023–0174–E
specifies contacting Airbus Helicopters if at
least one internal diameter of the three
bushing retaining plates is more than 33 mm
(1.3 in), this AD does not require that action.
(6) Where the service information
referenced in EASA AD 2023–0174–E
specifies contacting Airbus Helicopters to get
a repair solution and paragraph (4) of EASA
AD 2023–0174–E requires contacting AH
[Airbus Helicopters] for approved repair
instructions and accomplishing those
instructions accordingly if a scissor
attachment ball joint is not properly seated,
this AD requires repair done in accordance
with a method approved by the Manager,
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) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0174–E.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2023–0174–E
specifies to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Special Flight Permit
Special flight permits are prohibited.
(k) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (l) of this AD.
Information may be emailed to: 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) Related Information
For more information about this AD,
contact Dan McCully, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone (404) 474–
5548; email william.mccully@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
E:\FR\FM\16OCR1.SGM
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Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Rules and Regulations
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) Emergency AD 2023–0174–E, dated
October 2, 2023.
(ii) [Reserved]
(3) For EASA AD 2023–0174–E, 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 October 11, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–22856 Filed 10–12–23; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 53
[TD 9981]
RIN 1545–BJ53
Requirements for Type I and Type III
Supporting Organizations
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
This document contains final
regulations providing guidance on the
prohibition on certain gifts or
contributions to Type I and Type III
supporting organizations from persons
who control a supported organization
and on certain other requirements for
Type III supporting organizations. The
regulations reflect changes to the law
made by the Pension Protection Act of
2006. The regulations affect certain
Type I and Type III supporting
organizations and their supported
organizations.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
DATES:
Effective date: These regulations are
effective on October 16, 2023.
VerDate Sep<11>2014
15:48 Oct 13, 2023
Jkt 262001
Applicability date: For dates of
applicability, see § 1.509(a)–4(I).
FOR FURTHER INFORMATION CONTACT:
Michael Gruccio at (202) 317–4541 or
Don Spellmann at (202) 317–4086.
SUPPLEMENTARY INFORMATION:
Background
I. Overview
This document amends the Income
Tax Regulations (26 CFR part 1) by
adding final regulations under section
509(a) of the Internal Revenue Code
(Code). These final regulations amend
§ 1.509(a)–4 to provide guidance on
amendments to the Code enacted by
section 1241 of the Pension Protection
Act of 2006 (PPA), Public Law 109–280,
120 Stat. 780 (August 17, 2006).
An organization described in section
501(c)(3) of the Code is classified as
either a private foundation or a public
charity. To be classified as a public
charity, an organization must be
described in section 509(a)(1), (2), or (3).
Organizations described in section
509(a)(3) are known as ‘‘supporting
organizations.’’ Supporting
organizations achieve their public
charity status by providing support to
one or more organizations described in
section 509(a)(1) or (2), which, in this
context, are referred to as ‘‘supported
organizations.’’
To be described in section 509(a)(3),
an organization must satisfy (1) an
organizational test, (2) an operational
test, (3) a relationship test, and (4) a
disqualified person control test. The
organizational and operational tests
require that a supporting organization
be organized, and at all times thereafter
operated, exclusively for the benefit of,
to perform the functions of, or to carry
out the purposes of one or more
supported organizations. The
relationship test requires a supporting
organization to establish one of three
types of relationships with one or more
supported organizations. A supporting
organization that is operated,
supervised, or controlled by one or more
supported organizations is known as a
‘‘Type I’’ supporting organization. The
relationship of a Type I supporting
organization with its supported
organization(s) is comparable to that of
a corporate parent-subsidiary
relationship. A supporting organization
that is supervised or controlled in
connection with one or more supported
organizations is known as a ‘‘Type II’’
supporting organization. The
relationship of a Type II supporting
organization with its supported
organization(s) involves common
supervision or control by the persons
supervising or controlling both the
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
71287
supporting organization and the
supported organization(s). A supporting
organization that is operated in
connection with one or more supported
organizations is known as a ‘‘Type III’’
supporting organization and is
discussed further in the remainder of
this preamble. Finally, the disqualified
person control test requires that a
supporting organization not be
controlled directly or indirectly by
certain disqualified persons.
Sections 1241 through 1243 of the
PPA revised the requirements for
supporting organizations. These final
regulations under § 1.509(a)–4 address
section 1241’s five changes to the
requirements an organization must
satisfy to qualify as a Type III
supporting organization.
II. PPA Changes to Type III Supporting
Organizations
The PPA made the following five
changes to the requirements an
organization must satisfy to qualify as a
Type III supporting organization:
(1) Section 1241(c) of the PPA
removed the ability of a charitable trust
to rely on the special rule under
§ 1.509(a)–4(i)(2)(iii) as then in effect,
which allowed a trust to satisfy the
attentiveness requirement of the integral
part test for non-functionally integrated
Type III supporting organizations if the
supported organization was a
beneficiary of the trust and state law
allowed the beneficiary to enforce the
trust and compel an accounting of the
trust;
(2) Section 1241(d) of the PPA
directed the Secretary of the Treasury or
her delegate (Secretary) to promulgate
regulations under section 509 that
establish a new distribution requirement
for Type III supporting organizations
that are not ‘‘functionally integrated’’ (a
non-functionally integrated (NFI) Type
III supporting organization) to ensure
that a ‘‘significant amount’’ is paid to
supported organizations; for this
purpose, the term ‘‘functionally
integrated’’ means a Type III supporting
organization that is not required under
regulations to make payments to
supported organizations, because the
supporting organization engages in
activities that relate to performing the
functions of, or carrying out the
purposes of, its supported
organization(s);
(3) Section 1241(b) of the PPA
required a Type III supporting
organization to provide annually to each
of its supported organizations the
information required by the Department
of the Treasury (Treasury Department)
and the IRS (referred to in § 1.509(a)–
4(i)(2) as the notification requirement)
E:\FR\FM\16OCR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Rules and Regulations]
[Pages 71283-71287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22856]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1998; Project Identifier MCAI-2023-01045-R;
Amendment 39-22572; AD 2023-20-51]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and
SA330J helicopters. This AD was prompted by a report of three newly
supplied main rotor swashplate bushing retaining plates with oversized
internal diameters. This AD requires accomplishing a one-time
inspection to measure the internal diameter of affected bushing
retaining plates and depending on the results, accomplishing an
additional inspection, replacing non-conforming bushing retaining
plates, or accomplishing additional corrective action, as specified in
a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. The FAA previously sent this AD as an
emergency AD to all known U.S. owners and operators of these
helicopters. The FAA is issuing this AD to address the unsafe condition
on these products.
[[Page 71284]]
DATES: This AD is effective October 31, 2023. Emergency AD 2023-20-51,
issued on October 2, 2023, which contained the requirements of this
amendment, was effective with actual notice.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 31,
2023.
The FAA must receive comments on this AD by November 30, 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-2023-1998; 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 identified 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-2023-1998.
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; phone (972) 641-0000
or (800) 232-0323; fax (972) 641-3775; or at airbus.com/en/products-services/helicopters/hcare-services/airbusworld. You may also view this
service information at the FAA contact information under Material
Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (404)
474-5548; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-1998; Project Identifier MCAI-
2023-01045-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 Dan
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone (404) 474-5548; 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.
Background
The FAA issued Emergency AD 2023-20-51, dated October 2, 2023 (the
emergency AD), to address an unsafe condition on Airbus Helicopters
Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and SA330J
helicopters. The FAA sent the emergency AD to all known U.S. owners and
operators of these helicopters. The emergency AD requires accomplishing
a one-time inspection to measure the internal diameter of affected
bushing retaining plates and depending on the results, inspecting the
scissor attachment ball joint seating or replacing non-conforming
bushing retaining plates. Depending on the results of the scissor
attachment ball joint seating inspection, the emergency AD requires
accomplishing repair in accordance with a method approved by the FAA,
EASA, or Airbus Helicopters' EASA Design Organization Approval (DOA).
Lastly, the emergency AD prohibits installing an affected bushing
retaining plate unless it has passed its required inspection.
The emergency AD was prompted by EASA Emergency AD 2023-0174-E,
dated October 2, 2023 (EASA AD 2023-0174-E), issued by EASA, which is
the Technical Agent for the Member States of the European Union, to
correct an unsafe condition on Airbus Helicopters Model SA 330 J, AS
332 C, AS 332 C1, AS 332 L, AS 332 L1, and AS 332 L2 helicopters. EASA
AD 2023-0174-E states that during an overhaul of a main rotor assembly,
three newly supplied main rotor swashplate retaining bushes were
identified as out of tolerance with a diameter of 39 mm (1.535 in.)
instead of 31 mm (1.22 in.). EASA AD 2023-0174-E also states that
affected retaining bushes may be installed on main rotor rotating and
non-rotating swashplates.
You may examine EASA AD 2023-0174-E in the AD docket at
regulations.gov under Docket No. FAA-2023-1998.
The FAA is issuing this AD to detect out of tolerance main rotor
swashplate bushing retaining plates. This condition, if not addressed,
could result in damage to the main rotor assembly and subsequent loss
of control of the helicopter.
Related Service Information Under 1 CFR Part 51
The FAA reviewed EASA AD 2023-0174-E, which requires a one-time
inspection to measure the internal diameter of affected retaining
bushes and depending on the results, inspecting the scissor attachment
ball joint seating or replacing non-
[[Page 71285]]
conforming retaining bushes. Depending on the results of the scissor
attachment ball joint seating inspection, EASA AD 2023-0174-E requires
contacting AH [Airbus Helicopters] for approved repair instructions and
accomplishing those instructions accordingly. Lastly, EASA AD 2023-
0174-E prohibits installing an affected retaining bush unless it has
passed its required inspection. Additionally, EASA AD 2023-0174-E
refers to a ``bushing retaining plate'' as a ``retaining bush.''
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 also reviewed Airbus Helicopters Emergency Alert Service
Bulletins AS332-62-00-0001 and SA330-65-00-0003, each Revision 1 and
dated September 29, 2023. This service information specifies procedures
for measuring the internal diameter of the bush retainings on the
rotating and non-rotating swashplates and, if at least one internal
diameter of the three bush retainings is more than 33 mm (1.3 in.),
contacting Airbus Helicopters, removing and discarding each out of
tolerance bush retaining, and checking the ball joint seating on the
support. If the ball joint is not properly seated on the support, this
service information specifies contacting Airbus Helicopters to get a
repair solution. Lastly, this service information specifies procedures
for installing new bush retainings. Additionally, Airbus Helicopters
refers to a ``bushing retaining plate'' as either a ``bush retaining,''
``stop ring,'' ``retaining bush,'' or ``locking ring'' in its service
information.
FAA's Determination
These helicopters have been approved by the aviation authority of
the European Union and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the European Union,
EASA, its technical representative, has notified the FAA of the unsafe
condition described in its emergency 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 these same type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2023-0174-E, 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 Emergency AD.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2023-0174-E is incorporated by reference in this FAA final
rule. This AD, therefore, requires compliance with EASA AD 2023-0174-E
in its entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Using
common terms that are the same as the heading of a particular section
in EASA AD 2023-0174-E does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in EASA AD 2023-0174-E. Service information
referenced in EASA AD 2023-0174-E for compliance will be available at
regulations.gov under Docket No. FAA-2023-1998 after this final rule is
published.
Differences Between This AD and the EASA Emergency AD
The service information referenced in EASA AD 2023-0174-E specifies
contacting Airbus Helicopters to get a repair solution and EASA AD
2023-0174-E requires contacting AH [Airbus Helicopters] for approved
repair instructions and accomplishing those instructions accordingly if
a scissor attachment ball joint is not properly seated, whereas this AD
requires repair done in accordance with a method approved by the FAA,
EASA, or Airbus Helicopters' EASA DOA.
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 required the immediate adoption of
Emergency AD 2023-20-51, issued on October 2, 2023, to all known U.S.
owners and operators of these helicopters. The FAA found that the risk
to the flying public justified waiving notice and comment prior to
adoption of this rule because the affected components are part of an
assembly that is critical to the control of a helicopter. As the FAA
has no information pertaining to the quantity of non-conforming
components that may currently exist in the U.S. fleet or how quickly
the condition may propagate to failure, the actions required by this AD
must be accomplished within two days. These conditions still exist,
therefore, 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.
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 14 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 bushing retaining plates takes about 0.5 work-hour
for an estimated cost of $43 per helicopter and up to $602 for the U.S.
fleet. If required, replacing a non-conforming bushing retaining plate
takes about 6 work-hours and parts cost about $600 for an estimated
cost of $1,110 per replacement.
If required, inspecting the scissor attachment ball joint seating
takes about 3 work-hours and costs about $255 per helicopter. The
corrective action that may be needed as a result of that
[[Page 71286]]
inspection could vary significantly from helicopter to helicopter. The
FAA has no data to determine the costs to accomplish the corrective
action or the number of helicopters that may require corrective action.
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, 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:
2023-20-51 Airbus Helicopters: Amendment 39-22572; Docket No. FAA-
2023-1998; Project Identifier MCAI-2023-01045-R.
(a) Effective Date
The FAA issued Emergency Airworthiness Directive (AD) 2023-20-51
on October 2, 2023, directly to affected owners and operators. As a
result of such actual notice, that emergency AD was effective for
those owners and operators on the date it was provided. This AD
contains the same requirements as that emergency AD and, for those
who did not receive actual notice, is effective on October 31, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Model AS332C, AS332C1,
AS332L, AS332L1, AS332L2, and SA330J helicopters, certificated in
any category.
(d) Subject
Joint Aircraft System Component (JASC) Code: 6230, Main Rotor
Mast/Swashplate.
(e) Unsafe Condition
This AD was prompted by a report of three newly supplied main
rotor swashplate bushing retaining plates with oversized internal
diameters. The FAA is issuing this AD to detect out of tolerance
main rotor swashplate bushing retaining plates. The unsafe
condition, if not addressed, could result in damage to the main
rotor assembly and subsequent loss of control of the helicopter.
Note 1 to paragraph (e): European Union Aviation Safety Agency
(EASA) Emergency AD 2023-0174-E, dated October 2, 2023 (EASA AD
2023-0174-E), refers to a ``bushing retaining plate'' as a
``retaining bush.'' The service information referenced in EASA AD
2023-0174-E refers to a ``bushing retaining plate'' as either a
``bush retaining,'' ``stop ring,'' ``retaining bush,'' or ``locking
ring.''
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0174-E.
(h) Exceptions to EASA AD 2023-0174-E
(1) Where EASA AD 2023-0174-E refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2023-0174-E states, ``before
next flight,'' for this AD, replace that text with, ``within two
calendar days.''
(3) Where paragraph (2) of EASA AD 2023-0174-E specifies
inspecting the scissor attachment ball joint seating without a
compliance time, this AD requires that action before further flight.
(4) Where the service information referenced in EASA AD 2023-
0174-E specifies discarding parts, this AD requires removing those
parts from service.
(5) Where the service information referenced in EASA AD 2023-
0174-E specifies contacting Airbus Helicopters if at least one
internal diameter of the three bushing retaining plates is more than
33 mm (1.3 in), this AD does not require that action.
(6) Where the service information referenced in EASA AD 2023-
0174-E specifies contacting Airbus Helicopters to get a repair
solution and paragraph (4) of EASA AD 2023-0174-E requires
contacting AH [Airbus Helicopters] for approved repair instructions
and accomplishing those instructions accordingly if a scissor
attachment ball joint is not properly seated, this AD requires
repair done in accordance with a method approved by the Manager,
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) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0174-E.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-
0174-E specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(j) Special Flight Permit
Special flight permits are prohibited.
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (l) of
this AD. Information may be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(l) Related Information
For more information about this AD, contact Dan McCully,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone (404) 474-5548; 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
[[Page 71287]]
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) Emergency AD
2023-0174-E, dated October 2, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0174-E, 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 October 11, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22856 Filed 10-12-23; 4:15 pm]
BILLING CODE 4910-13-P
