Rule2024-03137
Airworthiness Directives; Airbus Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 15, 2024
Effective
March 1, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Airbus Helicopters Model EC225LP helicopters. This AD was prompted by a report of incorrect door opening instructions on the placards located on the right hand (RH) side of the VIP flap door. This AD requires installing a placard specifying jettisoning instructions, 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.
Full Text
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<title>Federal Register, Volume 89 Issue 32 (Thursday, February 15, 2024)</title>
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[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Rules and Regulations]
[Pages 11718-11720]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03137]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0039; Project Identifier MCAI-2023-00966-R;
Amendment 39-22665; AD 2024-02-01]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Helicopters Model EC225LP helicopters. This AD was
prompted by a report of incorrect door opening instructions on the
placards located on the right hand (RH) side of the VIP flap door. This
AD requires installing a placard specifying jettisoning instructions,
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 March 1, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 1,
2024.
The FAA must receive comments on this AD by April 1, 2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-0039; 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:
<bullet> For EASA material incorporated by reference in this final
rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#67262314270206140649021215081706490212"><span class="__cf_email__" data-cfemail="9edfdaeddefbffedffb0fbebecf1eeffb0fbeb">[email protected]</span></a>. You may find this
material on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
<bullet> 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. The EASA material is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0039.
Other Related Service Information: For Airbus Helicopters service
information identified in this final rule, contact Airbus Helicopters,
2701 North Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-
0000 or (800) 232-0323; fax (972) 641-3775; or at <a href="http://airbus.com/en/products-services/helicopters/hcare-services/airbusworld">airbus.com/en/products-services/helicopters/hcare-services/airbusworld</a>. You may also
view this service information at the FAA contact information under
Material Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT: William McCully, Aviation Safety
Engineer, FAA, International Validation Branch, FAA, 1600 Stewart Ave.,
Suite 410, Westbury, NY 11590; phone (404) 474-5548; email
<a href="/cdn-cgi/l/email-protection#0d7a646161646c6023606e6e786161744d6b6c6c236a627b"><span class="__cf_email__" data-cfemail="80f7e9ecece9e1edaeede3e3f5ececf9c0e6e1e1aee7eff6">[email protected]</span></a>.
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-2024-0039; Project Identifier MCAI-
2023-00966-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
<a href="http://regulations.gov">regulations.gov</a>, 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 William
McCully, Aviation Safety Engineer, FAA, International Validation
Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; phone
(404) 474-5548; email <a href="/cdn-cgi/l/email-protection#d6a1bfbababfb7bbf8bbb5b5a3babaaf96b0b7b7f8b1b9a0"><span class="__cf_email__" data-cfemail="e097898c8c89818dce8d8383958c8c99a0868181ce878f96">[email protected]</span></a>. Any commentary that the
FAA receives which is not specifically designated as CBI will be placed
in the public docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0072, dated April 26, 2022
(EASA AD 2022-0072), to correct an unsafe condition on Airbus
Helicopters Model EC 225 LP helicopters, serial numbers 2650, 2651,
2653, 2684, 2712, and 2796.
This AD was prompted by a report that placards located on the RH
side of the VIP flap door of the passenger cabin do not provide
adequate door opening instructions necessary to operate the RH side VIP
flap door in case of the helicopter ditching. The unsafe condition, if
not addressed, could prevent jettisoning of the RH side VIP flap door
during an emergency situation, possibly obstructing evacuation and
resulting in injury to occupants.
You may examine the EASA AD in the AD docket at <a href="http://regulations.gov">regulations.gov</a>
under Docket No. FAA-2024-0039.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0072 requires installing a placard over the current
placard, which correctly specifies
[[Page 11719]]
jettisoning instructions for the RH side of the VIP flap door.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.
Other Related Service Information
The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB)
No. EC225-52A023, Revision 0, dated January 22, 2020 for Model EC225LP
helicopters. This service information specifies instructions for
covering the existing incorrect placard with a correct placard, and
reporting certain information to the manufacturer.
FAA's Determination
These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all known relevant information and determining that the
unsafe condition described previously is likely to exist or develop on
other helicopters of the same type design.
AD Requirements
This AD requires accomplishing the actions specified in EASA AD
2022-0072, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and except as discussed under ``Differences Between this AD and
the EASA AD.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2022-0072 will be incorporated by reference in this FAA final
rule. This AD would, therefore, require compliance with EASA AD 2022-
0072 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 2022-0072 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 2022-0072. Service information
referenced in EASA AD 2022-0072 for compliance will be available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0039.
Differences Between This AD and the EASA AD
Service information referenced in EASA AD 2022-0072 specified
reporting certain information to Airbus Helicopters, including sending
pictures, whereas this AD does not require reporting any information or
sending any pictures.
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.
There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
foregoing reasons, 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.
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
There are no costs of compliance with this AD because there are no
helicopters with this type certificate on the U.S. Registry.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2024-02-01 Airbus Helicopters: Amendment 39-22665; Docket No. FAA-
2024-0039; Project Identifier MCAI-2023-00966-R.
(a) Effective Date
This airworthiness directive (AD) is effective March 1, 2024.
[[Page 11720]]
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Model EC225LP helicopters,
serial numbers 2650, 2651, 2653, 2684, 2712, and 2796, certificated
in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code: 5210, Passenger
crew doors.
(e) Unsafe Condition
This AD was prompted by a report of incorrect door opening
instructions on the placard located on the right-hand (RH) side of
the VIP flap door. The FAA is issuing this AD to address and correct
placards on the RH side VIP flap door. The unsafe condition, if not
addressed, could prevent jettisoning of the RH side VIP flap door
during an emergency situation, possibly obstructing evacuation and
resulting in injury to occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
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, European Union Aviation Safety Agency (EASA) AD
2022-0072, dated April 26, 2022 (EASA AD 2022-0072).
(h) Exceptions to EASA AD 2022-0072
(1) Where EASA AD 2022-0072 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0072 refers to flight hours, this AD
requires using hours time-in-service.
(3) Where the paragraph defined as placard installation in EASA
AD 2022-0072 states ``in accordance with the instructions of the
ASB,'' for this AD, replace that text with ``in accordance with the
Accomplishment Instructions, paragraph 3.B of the ASB.''
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-0072
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Alternative Methods of Compliance (AMOCs)
The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in Sec. 39.19. In accordance with Sec. 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: <a href="/cdn-cgi/l/email-protection#162f3b5740453b575f443b2125263b575b59555670777738717960"><span class="__cf_email__" data-cfemail="d7eefa968184fa969e85fae0e4e7fa969a989497b1b6b6f9b0b8a1">[email protected]</span></a>.
(1) 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 William McCully,
Aviation Safety Engineer, FAA, International Validation Branch, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; phone (404) 474-
5548; email <a href="/cdn-cgi/l/email-protection#f087999c9c99919dde9d9393859c9c89b0969191de979f86"><span class="__cf_email__" data-cfemail="ee99878282878f83c0838d8d9b828297ae888f8fc0898198">[email protected]</span></a>.
(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 2022-0072,
dated April 26, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0072, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#afeeebdcefcacedcce81cadaddc0dfce81cada"><span class="__cf_email__" data-cfemail="b6f7f2c5f6d3d7c5d798d3c3c4d9c6d798d3c3">[email protected]</span></a>; 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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#e48296ca8d8a97948187908d8b8aa48a859685ca838b92"><span class="__cf_email__" data-cfemail="dcbaaef2b5b2afacb9bfa8b5b3b29cb2bdaebdf2bbb3aa">[email protected]</span></a>.
Issued on January 24, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-03137 Filed 2-14-24; 8:45 am]
BILLING CODE 4910-13-P
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