Airworthiness Directives; Airbus Helicopters, 77891-77895 [2023-25185]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Rules and Regulations
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0259, dated December 20,
2022.
(ii) [Reserved]
(3) For EASA AD 2022–0259, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; website:
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) You may view this service information
at FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (817) 222–5110.
This material may be found in the AD docket
at regulations.gov under Docket No. FAA–
2023–1490.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on October 20, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–25099 Filed 11–13–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–2150; Project
Identifier MCAI–2023–00188–R; Amendment
39–22603; AD 2023–23–01]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2022–01–
05, which applied to certain Airbus
Helicopters Model EC130T2 helicopters.
AD 2022–01–05 required repetitive
visual inspections of the rivets on the
rear transmission shaft bearing support,
inspections of the local structure, and
rivet heads on the left-hand and righthand sides of the rear transmission shaft
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:54 Nov 13, 2023
Jkt 262001
bearing support for cracking, missing,
loose, or sheared rivets. AD 2022–01–05
also required reporting the results of
those inspections and depending on the
results, applicable corrective action.
Since the FAA issued AD 2022–01–05,
Airbus Helicopters revised its service
information to add procedures to
improve visual inspections of the rivets
on the rear transmission shaft bearing
support. This AD was prompted by the
determination that certain modified
helicopters may have finishing paint
applied to the gutter, which could
prevent detection of cracks during
inspections. This AD also extends the
repetitive compliance time interval for
certain inspections. This AD continues
to require certain actions in AD 2022–
01–05 and requires a one-time visual
inspection for paint in the gutter area,
and removal of paint if necessary, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective November
29, 2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 29, 2023.
The FAA must receive comments on
this AD by December 29, 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–2023–2150; 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 EASA AD,
any comments received, and other
information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For EASA material identified in this
final rule, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; internet
www.easa.europa.eu.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
77891
• 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–2023–2150.
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, Program Manager,
International Validation Branch, FAA,
1600 Stewart Ave., Suite 410, Westbury,
NY 11590; telephone (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–2023–2150;
Project Identifier MCAI–2023–00188–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,
E:\FR\FM\14NOR1.SGM
14NOR1
77892
Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Rules and Regulations
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, Program
Manager, International Validation
Branch, FAA, 1600 Stewart Ave., Suite
410, Westbury, NY 11590; telephone
(404) 474–5548; email william.mccully@
faa.gov. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
khammond on DSKJM1Z7X2PROD with RULES
Background
The FAA issued AD 2022–01–05,
Amendment 39–21893 (86 FR 74353,
December 30, 2021) (AD 2022–01–05),
for certain Airbus Helicopters Model
EC130T2 helicopters. AD 2022–01–05
was prompted by EASA Emergency AD
2021–0283–E, dated December 17, 2021
(EASA AD 2021–0283–E) originated by
EASA, which is the Technical Agent for
the Member States of the European
Union. EASA AD 2021–0283–E was
issued to correct an unsafe condition on
certain Airbus Helicopters Model
EC130T2 helicopters. AD 2022–01–05
required repetitive visual inspections of
the rivets on the rear transmission upper
and lower bearing support, the local
structure, and the rivet heads on the
left-hand and right-hand sides of the
rear transmission shaft bearing support.
The FAA issued AD 2022–01–05 to
address sheared attachment rivets of the
transmission shaft bearing support and
prevent failure of the tail rotor drive
shaft and subsequent loss of yaw control
of the helicopter.
Actions Since AD 2022–01–05 Was
Issued
Since the FAA issued AD 2022–01–
05, EASA superseded EASA AD 2021–
0283–E by issuing EASA AD 2021–
0283R1, dated February 11, 2022;
corrected February 25, 2022 (EASA AD
2021–0283R1), to extend both the
repetitive compliance time to
accomplish the inspections of the rivets
on the rear transmission shaft bearing
support and of the local structure, and
the repetitive compliance time to
accomplish the inspections of the rivet
heads of the rear bearing support.
Thereafter, EASA superseded EASA AD
2021–0283R1 by issuing EASA AD
2023–0028, dated February 1, 2023
(EASA AD 2023–0028), to correct an
unsafe condition on Airbus Helicopters
Model EC 130 T2 helicopters with AH
VerDate Sep<11>2014
15:54 Nov 13, 2023
Jkt 262001
modification 074581 incorporated in
production. EASA AD 2023–0028 states
some helicopters were identified to have
finishing paint applied on the gutter,
which could prevent the detection of
cracks during required visual
inspections. In light of this, Airbus
Helicopters revised its service
information to provide instruction to
inspect for paint, and if necessary,
removing paint from the gutter.
Accordingly, EASA AD 2023–0028
retains the requirements of EASA AD
2021–0283R1 and also requires a onetime visual inspection of the gutter and
if necessary, removal of paint in this
area. EASA considers its AD an interim
action and states that further AD action
may follow. See EASA AD 2023–0028
for additional background information.
You may examine EASA AD 2023–
0028 in the AD docket at regulations.gov
under Docket No. FAA–2023–2150.
Related Service Information Under 1
CFR Part 51
EASA AD 2023–0028 requires
repetitive visual inspections of the
rivets on the rear transmission upper
and lower bearing support, the local
structure, and the rivet heads on the
left-hand and right-hand sides of the
rear transmission shaft bearing support.
EASA AD 2023–0028 also requires a
one-time visual inspection of the gutter
for finishing paint. Depending on the
results, EASA AD 2023–0028 requires
contacting Airbus Helicopters to obtain
approved repair instructions and
accomplishing those instructions, or
replacing each affected rivet. EASA AD
2023–0028 also requires removing any
paint in the specified gutter area of the
helicopter. Lastly, EASA AD 2023–0028
requires reporting inspection findings to
Airbus Helicopters.
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 also reviewed Airbus
Helicopters Emergency Alert Service
Bulletin (EASB) No. EC130–05A039,
Revision 4, dated March 15, 2023
(EC130–05A039 Rev 4). This service
information specifies procedures for
repetitive visual inspections of the rear
transmission bearing support areas,
including the frame and skin in the area
of the bearing supports, as well as
repetitive visual inspections of the
rivets on the left-hand and right-hand
sides of the rear transmission shaft
bearing support located under the
Teflon tape on the tail boom.
Additionally, this service information
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
specifies procedures for a one-time
visual inspection of the gutter area for
paint and if necessary, removal of paint.
EASB EC130–05A039 Rev 4 also
distinguishes between procedures for
helicopters that do and do not have the
tail drive shaft bearing support
reinforcement (MOD 0720245) installed.
FAA’s Determination
These helicopters have been approved
by EASA and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the
European Union, EASA has notified the
FAA of the unsafe condition described
in its AD. The FAA is issuing this AD
after evaluating all pertinent
information and determining that the
unsafe condition exists and is likely to
exist or develop on other helicopters of
the same type design.
AD Requirements
This AD retains certain requirements
of AD 2022–01–05. This AD also
requires accomplishing the actions
specified in EASA AD 2023–0028,
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 2023–0028.’’
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 2023–0028
will be incorporated by reference in this
FAA final rule. This AD would,
therefore, require compliance with
EASA AD 2023–0028 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 2023–0028 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 2023–0028.
Service information referenced in EASA
AD 2023–0028 for compliance will be
available at https://www.regulations.gov
E:\FR\FM\14NOR1.SGM
14NOR1
Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Rules and Regulations
by searching for and locating Docket No.
FAA–2023–2150.
Differences Between This AD and EASA
AD 2023–0028
EASA AD 2023–0028 requires using
Airbus Helicopters EASB No. EC130–
05A039, Revision 3, dated January 30,
2023, for compliance, whereas this AD
does not and instead requires using
Revision 4, dated March 15, 2023. The
service information referenced in EASA
AD 2023–0028 specifies that certain
procedures may be done by a pilot with
correct training and accreditation, or a
pilot-owner, whereas this AD requires
those actions be accomplished by
persons authorized under 14 CFR 43.3.
Depending on certain inspection results,
EASA AD 2023–0028 specifies
contacting Airbus Helicopters to obtain
approved repair instructions and
accomplishing those instructions,
whereas this AD requires that repairs be
done in accordance with a method
approved by the FAA, EASA, or Airbus
Helicopters’ EASA Design Organization
Approval. EASA AD 2023–0028
requires reporting certain information to
Airbus Helicopters within 30 days after
each rivet replacement, whereas this AD
requires reporting that information
within 10 days after each rivet
replacement or within 10 days after the
effective date of this AD.
EASA AD 2023–0028 allows credit for
the initial instance of certain actions
accomplished before its effective date,
whereas this AD allows credit for any
instance of certain actions accomplished
before the effective date of this AD.
khammond on DSKJM1Z7X2PROD with RULES
Interim Action
The FAA considers that this AD is an
interim action. If final action is later
identified, the FAA might consider
further rulemaking then.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
VerDate Sep<11>2014
15:54 Nov 13, 2023
Jkt 262001
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies forgoing notice
and comment prior to adoption of this
rule because sheared attachment rivets
of the transmission shaft bearing
support could lead to failure of the tail
rotor drive shaft, which is an assembly
that is critical to the control of a
helicopter. The FAA has no information
pertaining to how quickly the condition
may propagate to failure. In addition, it
has been identified that helicopters with
finishing paint applied to the gutter
could prevent detection of the unsafe
condition. In light of this, the
compliance times for the required
actions are shorter than the time
necessary for the public to comment and
for publication of the final rule.
Inspections of the rivets on the rear
transmission shaft bearing support and
of the local structure, and inspections of
the rivet heads of the rear bearing
support must be continued from AD
2022–01–05 within intervals not to
exceed 10 hours time-in-service.
Depending on the inspection status of a
helicopter, inspecting for the presence
of paint applied on the gutter must be
accomplished within 10 hours time-inservice or 7 days, whichever occurs
first, or before exceeding 10 hours timein-service since the latest inspection.
Accordingly, notice and opportunity for
prior public comment are impracticable
and contrary to the public interest
pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d)
for making this amendment effective in
less than 30 days, for the same reasons
the FAA found good cause to forgo
notice and comment.
Regulatory Flexibility Act
The requirements of the Regulatory
Flexibility Act (RFA) do not apply when
an agency finds good cause pursuant to
5 U.S.C. 553 to adopt a rule without
prior notice and comment. Because the
FAA has determined that it has good
cause to adopt this rule without prior
notice and comment, RFA analysis is
not required.
Costs of Compliance
The FAA estimates that this AD
affects 119 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 rivets and local
structure takes about 0.5 work-hour for
an estimated cost of about $43 per
helicopter and up to $5,117 for the U.S.
fleet, per inspection cycle. Removing
the Teflon tape and inspecting the rivet
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
77893
heads takes about 0.5 work-hour for an
estimated cost of about $43 per
helicopter and up to $5,117 for the U.S.
fleet, per inspection cycle. The
corrective action that may be needed as
a result of the 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.
Replacing a rivet takes about 0.5
work-hour and parts cost up to $20 for
an estimated cost of up to $63 per rivet.
Inspecting and if necessary, removing
paint from the gutter area takes about
0.5 work-hour for an estimated cost of
up to $43 per helicopter.
Reporting information takes about 1
work-hour for an estimated cost of $85
per helicopter, per instance.
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to a penalty for failure to comply with
a collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public
reporting for this collection of
information is estimated to take
approximately 1 hour per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
All responses to this collection of
information are mandatory. Send
comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden, to:
Information Collection Clearance
Officer, Federal Aviation
Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
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
E:\FR\FM\14NOR1.SGM
14NOR1
77894
Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Rules and Regulations
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
2022–01–05, Amendment 39–21893 (86
FR 74353, December 30, 2021); and
■ b. Adding the following new
airworthiness directive:
■
■
2023–23–01 Airbus Helicopters:
Amendment 39–22603; Docket No.
FAA–2023–2150; Project Identifier
MCAI–2023–00188–R.
khammond on DSKJM1Z7X2PROD with RULES
(a) Effective Date
This airworthiness directive (AD) is
effective November 29, 2023.
(b) Affected ADs
This AD replaces AD 2022–01–05,
Amendment 39–21893 (86 FR 74353,
December 30, 2021) (AD 2022–01–05).
(c) Applicability
This AD applies to Airbus Helicopters
Model EC130T2 helicopters, certificated in
any category, as identified in European
VerDate Sep<11>2014
15:54 Nov 13, 2023
Jkt 262001
Union Aviation Safety Agency (EASA) AD
2023–0028, dated February 1, 2023 (EASA
AD 2023–0028).
(d) Subject
Joint Aircraft System Component (JASC)
Code: 5300, Fuselage Structure.
(e) Unsafe Condition
This AD was prompted by a report of
degradation of the rear transmission shaft
bearing support and the determination that
all the attachment rivets of the transmission
shaft bearing support were sheared. Also, it
has been reported that some attachment
rivets of the transmission shaft bearing may
have been painted over, preventing detection
of this unsafe condition. The FAA is issuing
this AD to address sheared attachment rivets
of the transmission shaft bearing support.
This condition, if not addressed, could lead
to failure of the tail rotor drive shaft and
subsequent loss of yaw control of the
helicopter.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2023–0028.
(h) Exceptions to EASA AD 2023–0028
(1) Where EASA AD 2023–0028 defines
‘‘the ASB’’ as ‘‘AH Emergency Alert Service
Bulletin (ASB) EC130–05A039 Revision 3;’’
for this AD, replace that definition with
‘‘Airbus Helicopters Emergency Alert Service
Bulletin No. EC130–05A039, Revision 4,
dated March 15, 2023.’’
(2) Where EASA AD 2023–0028 refers to
November 1, 2021 (the effective date of EASA
Emergency AD 2021–0235–E, dated October
28, 2021), this AD requires using December
9, 2021 (the effective date of AD 2021–24–06,
Amendment 39–21827 (86 FR 66934,
November 24, 2021).
(3) Where EASA AD 2023–0028 refers to
December 21, 2021 (the effective date of
EASA AD 2021–0283–E, dated December 17,
2021), this AD requires using January 14,
2022 (the effective date of AD 2022–01–05).
(4) Where EASA AD 2023–0028 refers to its
effective date, this AD requires using the
effective date of this AD.
(5) Where EASA AD 2023–0028 requires
compliance in terms of flight hours, this AD
requires using hours time-in-service.
(6) Where the service information
referenced in EASA AD 2023–0028 specifies
that certain inspections can be done by a
mechanical technician, a pilot with correct
training and accreditation, or a pilot-owner,
this AD requires that those inspections be
accomplished by persons authorized under
14 CFR 43.3.
(7) Where paragraphs (4) and (5) of EASA
AD 2023–0028 specify contacting Airbus
Helicopters to obtain approved repair
instructions and accomplishing those
instructions within the compliance time(s)
specified therein, this AD requires, before
further flight, repair done in accordance with
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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.
(8) Where paragraph (8) of EASA AD 2023–
0028 requires reporting inspection results to
Airbus Helicopters within 30 days after each
rivet replacement, this AD requires reporting
inspection results at the applicable time in
paragraph (h)(8)(i) or (ii) of this AD.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 10 days after each rivet
replacement.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 10 days after the effective date of this
AD.
(9) Instead of the credit allowed in
paragraph (9) of EASA AD 2023–0028, you
may take credit for the following;
‘‘Inspection(s) and corrective action(s)
required by paragraphs (1), (2), and (6) of
EASA AD 2023–0028 that have been
accomplished before the effective date of this
AD using Airbus Helicopters Emergency
Alert Service Bulletin No. EC130–05A039
original issue, dated October 27, 2021;
Revision 1, dated December 16, 2021;
Revision 2, dated February 9, 2022; or
Revision 3, dated January 30, 2023.’’
(10) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0028.
(i) Special Flight Permits
Special flight permits may be permitted to
accomplish the actions required by
paragraphs (1) and (2) of EASA AD 2023–
0028 provided that there are no passengers
on board. Special flight permits are
prohibited for any other actions required by
this AD.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (k) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Related Information
For more information about this AD,
contact Dan McCully, Program Manager,
International Validation Branch, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY
11590; telephone (404) 474–5548; email
william.mccully@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
E:\FR\FM\14NOR1.SGM
14NOR1
Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Rules and Regulations
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0028, dated February 1,
2023.
(ii) [Reserved]
(3) For EASA material, 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 at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locationsoremailfr.inspection@nara.gov.
Issued on November 6, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–25185 Filed 11–9–23; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 89
[Docket No. FAA–2022–0859]
Accepted Means of Compliance;
Remote Identification of Unmanned
Aircraft; Correction
Federal Aviation
Administration, DOT
ACTION: Acceptable means of
compliance; notice of availability;
correction.
AGENCY:
The FAA is correcting a
notice of availability (NOA) published
on August 11, 2022 (87 FR 49520). In
that NOA, the FAA provided an
acceptable means of compliance (MOC)
in accordance with a rule issued by the
FAA on January 21, 2021, that went into
effect on April 21, 2021. In that NOA,
the FAA accepted ASTM International
(ASTM) F3586–22, with additions
identified, as an acceptable means, but
not the only means of demonstrating
compliance with the requirements for
producing standard remote
identification unmanned aircraft and
remote identification broadcast
modules. The FAA is correcting the
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:54 Nov 13, 2023
Jkt 262001
means of compliance of ASTM F3586–
22 by correcting a typographical
reference error in Table 3 and clarifying
a testing requirement by revising a
heading and adding clarifying language,
as noted in the ‘‘Means of Compliance
Accepted In This Policy’’ section of this
document. This document includes
acceptance of previously accepted
MOCs with the corrections described.
DATES: This corrective action is effective
November 14, 2023.
FOR FURTHER INFORMATION CONTACT:
FAA Contact: Avi Acharya, Avionics
Communications & Surveillance Unit,
AIR–626C, Technical Policy Branch,
Policy & Standards Division, Aircraft
Certification Service, Federal Aviation
Administration, AIR–600: 800
Independence Ave. SW, Washington,
DC 20591; telephone 1–844–FLY–MY–
UA; email: UASHelp@faa.gov.
ASTM Contact: Gabriel Cox, Chair,
ASTM Remote ID Workgroup, 7325 NE
Imbrie Drive #231, Hillsboro, OR 97124;
Telephone 1–503–941–0099; email:
gcox@coxdata.com.
SUPPLEMENTARY INFORMATION:
Background
Title 14 Code of Federal Regulations,
part 89 establishes remote identification
requirements for unmanned aircraft
operated in the airspace of the United
States. With a few exceptions,
unmanned aircraft produced for
operation in the airspace of the United
States are subject to the production
requirements of part 89. A person
producing a standard remote
identification unmanned aircraft or
remote identification broadcast module
for operation in the United States must
show that the unmanned aircraft or
broadcast module meets the
requirements of subpart D of part 89 by
following an FAA-accepted means of
compliance (MOC).
An FAA-accepted MOC describes one
means by which a person may comply
with the minimum performance
requirements for remote identification
in subpart D of part 89. To be accepted
by the FAA, an MOC must meet the
requirements of both subparts D and E
of part 89. The MOC must address the
minimum performance requirements, as
well as the testing and validation
necessary to demonstrate compliance
with the part 89 subpart D requirements.
The FAA indicates its acceptance of an
MOC by publishing a Notice of
Availability in the Federal Register
identifying the MOC as accepted and
informing the applicant of its
acceptance.1
1 14
PO 00000
CFR part 89, subpart D.
Frm 00013
Fmt 4700
Sfmt 4700
77895
A holder of an FAA-accepted MOC
notified the FAA of a typographical
error in a table and a deficient testing
requirement in its FAA-accepted MOC,
as discussed in the ‘‘Means of
Compliance Accepted In This Policy’’
section of this document. This
document includes acceptance of the
previously accepted MOC with the
requested corrections and describes the
effect on existing Declaration of
Compliance (DOC) holders based on the
previously accepted MOC and on new
and revised DOC submittals.
Means of Compliance Accepted in This
Policy
On August 10, 2022, the FAA
accepted ASTM ‘‘Standard Practice for
Remote ID Means of Compliance to
Federal Aviation Administration
Regulation 14 CFR part 89’’, ASTM
F3586–22, with certain additions, as an
MOC to the requirements of part 89
Subpart D in NOA Docket No. FAA–
2022–0859.
The FAA has determined that a
correction to the typographical error in
table 3 of the FAA-accepted ASTM
F3586–22 MOC standard, and a
clarification to a deficient testing
requirement in section 8.6 of the ASTM
standard are necessary.
The FAA-accepted MOC update
provided in this NOA is comprised of
the MOC in Docket No.FAA–2022–0859
(i.e., ASTM F3586–22, with the FAAspecified additions) with the following
corrections:
1. F3586–22 Table 3, 89.320(h)(5),
page 11, line 5: The test method must
be MOC section 8.6, not section 8.9.3.
2. F3586–22 Section 8.6: revise
heading to—Broadcast Protocol,
Message Elements, Periodicity and
Latency Testing:
3. F3586–22 Section 8.6: Add the
following—In addition to the passing
criteria, using a time-accurate test setup,
the difference in time between the
broadcasted timestamp and received
packet time must be measured to be less
than or equal to 1 second.
Effect of This Notice on Current FAAAccepted Declarations of Compliance
Current valid FAA-accepted DOC for
a standard remote identification
unmanned aircraft or remote
identification broadcast module that
used the original FAA-accepted MOC
(including all provisions of ASTM
F3586–22 and the additions identified
in NOA Docket No.FAA–2022–0859)
with tracking number RID–ASTM–
F3586–22–NOA–22–01 remain FAAaccepted, and holders of those DOC do
not need to resubmit a DOC for the MOC
in this document.
E:\FR\FM\14NOR1.SGM
14NOR1
]]>Agencies
[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Rules and Regulations]
[Pages 77891-77895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25185]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2150; Project Identifier MCAI-2023-00188-R;
Amendment 39-22603; AD 2023-23-01]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-01-
05, which applied to certain Airbus Helicopters Model EC130T2
helicopters. AD 2022-01-05 required repetitive visual inspections of
the rivets on the rear transmission shaft bearing support, inspections
of the local structure, and rivet heads on the left-hand and right-hand
sides of the rear transmission shaft bearing support for cracking,
missing, loose, or sheared rivets. AD 2022-01-05 also required
reporting the results of those inspections and depending on the
results, applicable corrective action. Since the FAA issued AD 2022-01-
05, Airbus Helicopters revised its service information to add
procedures to improve visual inspections of the rivets on the rear
transmission shaft bearing support. This AD was prompted by the
determination that certain modified helicopters may have finishing
paint applied to the gutter, which could prevent detection of cracks
during inspections. This AD also extends the repetitive compliance time
interval for certain inspections. This AD continues to require certain
actions in AD 2022-01-05 and requires a one-time visual inspection for
paint in the gutter area, and removal of paint if necessary, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective November 29, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 29,
2023.
The FAA must receive comments on this AD by December 29, 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-2023-2150; 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 EASA AD, any comments received,
and other information. The street address for Docket Operations is
listed above.
Material Incorporated by Reference:
For EASA material identified in this final rule, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.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-2023-2150.
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, Program Manager,
International Validation Branch, FAA, 1600 Stewart Ave., Suite 410,
Westbury, NY 11590; telephone (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-2023-2150; Project Identifier MCAI-
2023-00188-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,
[[Page 77892]]
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, Program Manager, International Validation Branch, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (404) 474-5548;
email [email protected]. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.
Background
The FAA issued AD 2022-01-05, Amendment 39-21893 (86 FR 74353,
December 30, 2021) (AD 2022-01-05), for certain Airbus Helicopters
Model EC130T2 helicopters. AD 2022-01-05 was prompted by EASA Emergency
AD 2021-0283-E, dated December 17, 2021 (EASA AD 2021-0283-E)
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA AD 2021-0283-E was issued to correct an
unsafe condition on certain Airbus Helicopters Model EC130T2
helicopters. AD 2022-01-05 required repetitive visual inspections of
the rivets on the rear transmission upper and lower bearing support,
the local structure, and the rivet heads on the left-hand and right-
hand sides of the rear transmission shaft bearing support. The FAA
issued AD 2022-01-05 to address sheared attachment rivets of the
transmission shaft bearing support and prevent failure of the tail
rotor drive shaft and subsequent loss of yaw control of the helicopter.
Actions Since AD 2022-01-05 Was Issued
Since the FAA issued AD 2022-01-05, EASA superseded EASA AD 2021-
0283-E by issuing EASA AD 2021-0283R1, dated February 11, 2022;
corrected February 25, 2022 (EASA AD 2021-0283R1), to extend both the
repetitive compliance time to accomplish the inspections of the rivets
on the rear transmission shaft bearing support and of the local
structure, and the repetitive compliance time to accomplish the
inspections of the rivet heads of the rear bearing support. Thereafter,
EASA superseded EASA AD 2021-0283R1 by issuing EASA AD 2023-0028, dated
February 1, 2023 (EASA AD 2023-0028), to correct an unsafe condition on
Airbus Helicopters Model EC 130 T2 helicopters with AH modification
074581 incorporated in production. EASA AD 2023-0028 states some
helicopters were identified to have finishing paint applied on the
gutter, which could prevent the detection of cracks during required
visual inspections. In light of this, Airbus Helicopters revised its
service information to provide instruction to inspect for paint, and if
necessary, removing paint from the gutter. Accordingly, EASA AD 2023-
0028 retains the requirements of EASA AD 2021-0283R1 and also requires
a one-time visual inspection of the gutter and if necessary, removal of
paint in this area. EASA considers its AD an interim action and states
that further AD action may follow. See EASA AD 2023-0028 for additional
background information.
You may examine EASA AD 2023-0028 in the AD docket at
regulations.gov under Docket No. FAA-2023-2150.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0028 requires repetitive visual inspections of the
rivets on the rear transmission upper and lower bearing support, the
local structure, and the rivet heads on the left-hand and right-hand
sides of the rear transmission shaft bearing support. EASA AD 2023-0028
also requires a one-time visual inspection of the gutter for finishing
paint. Depending on the results, EASA AD 2023-0028 requires contacting
Airbus Helicopters to obtain approved repair instructions and
accomplishing those instructions, or replacing each affected rivet.
EASA AD 2023-0028 also requires removing any paint in the specified
gutter area of the helicopter. Lastly, EASA AD 2023-0028 requires
reporting inspection findings to Airbus Helicopters.
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 also reviewed Airbus Helicopters Emergency Alert Service
Bulletin (EASB) No. EC130-05A039, Revision 4, dated March 15, 2023
(EC130-05A039 Rev 4). This service information specifies procedures for
repetitive visual inspections of the rear transmission bearing support
areas, including the frame and skin in the area of the bearing
supports, as well as repetitive visual inspections of the rivets on the
left-hand and right-hand sides of the rear transmission shaft bearing
support located under the Teflon tape on the tail boom. Additionally,
this service information specifies procedures for a one-time visual
inspection of the gutter area for paint and if necessary, removal of
paint.
EASB EC130-05A039 Rev 4 also distinguishes between procedures for
helicopters that do and do not have the tail drive shaft bearing
support reinforcement (MOD 0720245) installed.
FAA's Determination
These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA of the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all pertinent information and determining that the unsafe
condition exists and is likely to exist or develop on other helicopters
of the same type design.
AD Requirements
This AD retains certain requirements of AD 2022-01-05. This AD also
requires accomplishing the actions specified in EASA AD 2023-0028,
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
2023-0028.''
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 2023-0028 will be incorporated by reference in this FAA final
rule. This AD would, therefore, require compliance with EASA AD 2023-
0028 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 2023-0028 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 2023-0028. Service information
referenced in EASA AD 2023-0028 for compliance will be available at
https://www.regulations.gov
[[Page 77893]]
by searching for and locating Docket No. FAA-2023-2150.
Differences Between This AD and EASA AD 2023-0028
EASA AD 2023-0028 requires using Airbus Helicopters EASB No. EC130-
05A039, Revision 3, dated January 30, 2023, for compliance, whereas
this AD does not and instead requires using Revision 4, dated March 15,
2023. The service information referenced in EASA AD 2023-0028 specifies
that certain procedures may be done by a pilot with correct training
and accreditation, or a pilot-owner, whereas this AD requires those
actions be accomplished by persons authorized under 14 CFR 43.3.
Depending on certain inspection results, EASA AD 2023-0028 specifies
contacting Airbus Helicopters to obtain approved repair instructions
and accomplishing those instructions, whereas this AD requires that
repairs be done in accordance with a method approved by the FAA, EASA,
or Airbus Helicopters' EASA Design Organization Approval. EASA AD 2023-
0028 requires reporting certain information to Airbus Helicopters
within 30 days after each rivet replacement, whereas this AD requires
reporting that information within 10 days after each rivet replacement
or within 10 days after the effective date of this AD.
EASA AD 2023-0028 allows credit for the initial instance of certain
actions accomplished before its effective date, whereas this AD allows
credit for any instance of certain actions accomplished before the
effective date of this AD.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because sheared attachment rivets of the transmission shaft bearing
support could lead to failure of the tail rotor drive shaft, which is
an assembly that is critical to the control of a helicopter. The FAA
has no information pertaining to how quickly the condition may
propagate to failure. In addition, it has been identified that
helicopters with finishing paint applied to the gutter could prevent
detection of the unsafe condition. In light of this, the compliance
times for the required actions are shorter than the time necessary for
the public to comment and for publication of the final rule.
Inspections of the rivets on the rear transmission shaft bearing
support and of the local structure, and inspections of the rivet heads
of the rear bearing support must be continued from AD 2022-01-05 within
intervals not to exceed 10 hours time-in-service. Depending on the
inspection status of a helicopter, inspecting for the presence of paint
applied on the gutter must be accomplished within 10 hours time-in-
service or 7 days, whichever occurs first, or before exceeding 10 hours
time-in-service since the latest inspection. Accordingly, notice and
opportunity for prior public comment are impracticable and contrary to
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 119 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 rivets and local structure takes about 0.5 work-hour
for an estimated cost of about $43 per helicopter and up to $5,117 for
the U.S. fleet, per inspection cycle. Removing the Teflon tape and
inspecting the rivet heads takes about 0.5 work-hour for an estimated
cost of about $43 per helicopter and up to $5,117 for the U.S. fleet,
per inspection cycle. The corrective action that may be needed as a
result of the 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.
Replacing a rivet takes about 0.5 work-hour and parts cost up to
$20 for an estimated cost of up to $63 per rivet.
Inspecting and if necessary, removing paint from the gutter area
takes about 0.5 work-hour for an estimated cost of up to $43 per
helicopter.
Reporting information takes about 1 work-hour for an estimated cost
of $85 per helicopter, per instance.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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
[[Page 77894]]
aircraft in air commerce by prescribing regulations for practices,
methods, and procedures the Administrator finds necessary for safety in
air commerce. This regulation is within the scope of that authority
because it addresses an unsafe condition that is likely to exist or
develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive 2022-01-05, Amendment 39-21893 (86
FR 74353, December 30, 2021); and
0
b. Adding the following new airworthiness directive:
2023-23-01 Airbus Helicopters: Amendment 39-22603; Docket No. FAA-
2023-2150; Project Identifier MCAI-2023-00188-R.
(a) Effective Date
This airworthiness directive (AD) is effective November 29,
2023.
(b) Affected ADs
This AD replaces AD 2022-01-05, Amendment 39-21893 (86 FR 74353,
December 30, 2021) (AD 2022-01-05).
(c) Applicability
This AD applies to Airbus Helicopters Model EC130T2 helicopters,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2023-0028, dated February 1, 2023
(EASA AD 2023-0028).
(d) Subject
Joint Aircraft System Component (JASC) Code: 5300, Fuselage
Structure.
(e) Unsafe Condition
This AD was prompted by a report of degradation of the rear
transmission shaft bearing support and the determination that all
the attachment rivets of the transmission shaft bearing support were
sheared. Also, it has been reported that some attachment rivets of
the transmission shaft bearing may have been painted over,
preventing detection of this unsafe condition. The FAA is issuing
this AD to address sheared attachment rivets of the transmission
shaft bearing support. This condition, if not addressed, could lead
to failure of the tail rotor drive shaft and subsequent loss of yaw
control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0028.
(h) Exceptions to EASA AD 2023-0028
(1) Where EASA AD 2023-0028 defines ``the ASB'' as ``AH
Emergency Alert Service Bulletin (ASB) EC130-05A039 Revision 3;''
for this AD, replace that definition with ``Airbus Helicopters
Emergency Alert Service Bulletin No. EC130-05A039, Revision 4, dated
March 15, 2023.''
(2) Where EASA AD 2023-0028 refers to November 1, 2021 (the
effective date of EASA Emergency AD 2021-0235-E, dated October 28,
2021), this AD requires using December 9, 2021 (the effective date
of AD 2021-24-06, Amendment 39-21827 (86 FR 66934, November 24,
2021).
(3) Where EASA AD 2023-0028 refers to December 21, 2021 (the
effective date of EASA AD 2021-0283-E, dated December 17, 2021),
this AD requires using January 14, 2022 (the effective date of AD
2022-01-05).
(4) Where EASA AD 2023-0028 refers to its effective date, this
AD requires using the effective date of this AD.
(5) Where EASA AD 2023-0028 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(6) Where the service information referenced in EASA AD 2023-
0028 specifies that certain inspections can be done by a mechanical
technician, a pilot with correct training and accreditation, or a
pilot-owner, this AD requires that those inspections be accomplished
by persons authorized under 14 CFR 43.3.
(7) Where paragraphs (4) and (5) of EASA AD 2023-0028 specify
contacting Airbus Helicopters to obtain approved repair instructions
and accomplishing those instructions within the compliance time(s)
specified therein, this AD requires, before further flight, 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.
(8) Where paragraph (8) of EASA AD 2023-0028 requires reporting
inspection results to Airbus Helicopters within 30 days after each
rivet replacement, this AD requires reporting inspection results at
the applicable time in paragraph (h)(8)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 10 days after each rivet
replacement.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 10 days after the effective date
of this AD.
(9) Instead of the credit allowed in paragraph (9) of EASA AD
2023-0028, you may take credit for the following; ``Inspection(s)
and corrective action(s) required by paragraphs (1), (2), and (6) of
EASA AD 2023-0028 that have been accomplished before the effective
date of this AD using Airbus Helicopters Emergency Alert Service
Bulletin No. EC130-05A039 original issue, dated October 27, 2021;
Revision 1, dated December 16, 2021; Revision 2, dated February 9,
2022; or Revision 3, dated January 30, 2023.''
(10) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0028.
(i) Special Flight Permits
Special flight permits may be permitted to accomplish the
actions required by paragraphs (1) and (2) of EASA AD 2023-0028
provided that there are no passengers on board. Special flight
permits are prohibited for any other actions required by this AD.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k) of
this AD. Information may be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(k) Related Information
For more information about this AD, contact Dan McCully, Program
Manager, International Validation Branch, FAA, 1600 Stewart Ave.,
Suite 410, Westbury, NY 11590; telephone (404) 474-5548; email
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of
[[Page 77895]]
the service information listed in this paragraph under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0028,
dated February 1, 2023.
(ii) [Reserved]
(3) For EASA material, 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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].
Issued on November 6, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-25185 Filed 11-9-23; 4:15 pm]
BILLING CODE 4910-13-P
