Airworthiness Directives; Airbus Helicopters

[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 [www.gpo.gov]
[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 regulations.gov. 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 regulations.gov 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 [email protected]. You may find this 
material on the EASA website at https://ad.easa.europa.eu.
    <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 regulations.gov 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 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: William McCully, Aviation Safety 
Engineer, FAA, International Validation Branch, FAA, 1600 Stewart Ave., 
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-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 
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 William 
McCully, Aviation Safety Engineer, FAA, International Validation 
Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; phone 
(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

    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 regulations.gov 
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 
regulations.gov 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: [email protected].
    (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 [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless 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 
[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/ibr-locations or email [email protected].

    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]
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