[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Proposed Rules]
[Pages 8238-8241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02605]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 88, No. 26 / Wednesday, February 8, 2023 / 
Proposed Rules  

[[Page 8238]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0160; Project Identifier MCAI-2022-01047-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Helicopters (Airbus) Model AS332C, AS332C1, AS332L, 
AS332L1, AS332L2, and EC225LP helicopters. This proposed AD was 
prompted by modifications developed by Airbus to address a report of an 
emergency exit window that required excessive pushing force to 
jettison. This proposed AD would require removing skived 
polytetrafluoroethylene tape (PTFE tape) (if installed) and replacing 
certain polychloroprene seals with silicone seals, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is proposed for 
incorporation by reference (IBR). This proposed AD would also prohibit 
installing a jettisonable window unless the actions required by this AD 
have been accomplished. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by March 27, 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-2023-0160; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is proposed for IBR in this NPRM, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email [email protected]; internet easa.europa.eu. 
You may find the EASA material on the EASA website at 
ad.easa.europa.eu.
     You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, 
Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call (817) 222-5110. This material is also 
available at regulations.gov under Docket No. FAA-2023-0160.
    Other Related Service Information: For Airbus Helicopters service 
information identified in this NPRM, 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/helicopters/services/technical-support.html. You may also view this service 
information at the FAA contact information under Material Incorporated 
by Reference above.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, AD Program Manager, 
General Aviation & Rotorcraft Unit, Airworthiness Products Section, 
Operational Safety Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-0160; Project Identifier 
MCAI-2022-01047-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Matt 
Fuller, AD Program Manager, General Aviation & Rotorcraft Unit, 
Airworthiness Products Section, Operational Safety Branch, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected]. 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 a series of ADs, the most recent being EASA 
AD 2021-0012, dated January 11, 2021 (EASA AD 2021-0012), to correct an 
unsafe condition for certain Airbus Model AS

[[Page 8239]]

332 C, AS 332 C1, AS 332 L, AS 332 L1, AS 332 L2, and EC 225 LP 
helicopters.
    This proposed AD was prompted by modifications developed by Airbus 
to address a report of an emergency exit window that required excessive 
pushing force to jettison. The FAA is proposing this AD to address 
excessive friction between the jettisonable cabin window and the 
airframe. This condition, if not addressed, could prevent the window 
from jettisoning, subsequently affecting the evacuation of passengers 
during an emergency situation. See EASA AD 2021-0012 for additional 
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0012 requires modifying the windows jettisoning 
system.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA reviewed Airbus Alert Service Bulletin (ASB) No. AS332-
56.00.16, Revision 0, dated February 10, 2020, Airbus ASB No. AS332-
56.00.18, Revision 0, dated September 23, 2020, Airbus ASB No. AS332-
56.00.20, Revision 0, dated September 23, 2020, Airbus ASB No. AS332-
56.00.21, Revision 0, dated September 23, 2020, Airbus ASB No. AS332-
56.90.14, Revision 0, dated April 10, 2019, Airbus ASB No. EC225-
56A013, Revision 1, dated February 10, 2020, Airbus ASB No. EC225-
56A015, Revision 0, dated February 10, 2020, Airbus ASB No. EC225-
56A016, Revision 0, dated February 10, 2020, and Airbus ASB No. EC225-
56A017, Revision 0, dated February 10, 2020. This service information 
specifies procedures for modifying the windows jettisoning system. 
Depending on your helicopter configuration, the service information 
specifies procedures for removing PTFE tape (if installed), discarding 
certain internal seal keys and external extraction tapes, installing 
plugs on certain snap fasteners, removing certain emergency exit 
installation indications, measuring the thickness of certain windows, 
replacing certain windows, measuring the clearance between certain 
windows and the airframe, modifying certain assemblies of the external 
extraction tape with its associated marking (if necessary), and 
replacing certain polychloroprene seals with silicone seals.

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 proposing 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 these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0012, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed 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, the 
FAA proposes to incorporate EASA AD 2021-0012 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0012 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2021-0012 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 2021-
0012. Service information referenced in EASA AD 2021-0012 for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-0160 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2021-0012 requires compliance within 250 flight hours or 6 
months for certain helicopters not operated over water and within 110 
flight hours or 6 months for certain other helicopters operated over 
water. EASA AD 2021-0012 also requires compliance within 25 months for 
all other affected helicopters. However, this proposed AD would require 
compliance within 110 hours time-in-service for all helicopters.
    Where the service information referenced in EASA AD 2021-0012 
specifies discarding parts, this proposed AD would require removing 
those parts from service. The service information referenced in EASA AD 
2021-0012 specifies contacting Airbus Helicopter to obtain a technical 
solution, whereas this proposed AD would require repair done in 
accordance with a method approved by the FAA, EASA, or Airbus 
Helicopters' EASA Design Organization Approval. The service information 
referenced in EASA AD 2021-0012 specifies using a video, whereas this 
proposed AD would not.
    This proposed AD would also prohibit installing a jettisonable 
window unless the actions required by this proposed AD have been 
accomplished, whereas EASA AD 2021-0012 does not require any 
installation limitations.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 39 helicopters of U.S. Registry. Labor costs are estimated at 
$85 per work-hour. Based on these numbers, the FAA estimates the 
following costs to comply with this proposed AD.
    Modifying a window would take about 2 work-hours and parts would 
cost about $220 for an estimated cost $390 per window. There may be up 
to twelve affected windows on a helicopter for an estimated cost of up 
to $4,680 per helicopter and up to $182,520 for the U.S. fleet.

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

[[Page 8240]]

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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Airbus Helicopters: Docket No. FAA-2023-0160; Project Identifier 
MCAI-2022-01047-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 27, 2023.

(b) Affected ADs

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2020-20-08, Amendment 39-21264 (85 FR 70955, 
November 6, 2020).

(c) Applicability

    This AD applies to Airbus Helicopters Model AS332C, AS332C1, 
AS332L, AS332L1, AS332L2, and EC225LP helicopters, certificated in 
any category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2021-0012, dated January 11, 2021 (EASA AD 2021-0012).

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5220, Emergency 
Exits.

(e) Unsafe Condition

    This AD was prompted by a report of an emergency exit window 
that required excessive pushing force to jettison caused by friction 
between the jettisonable window and the airframe. The FAA is issuing 
this AD to prevent excessive friction between the jettisonable cabin 
window and the airframe. The unsafe condition, if not addressed, 
could prevent the window from jettisoning, subsequently affecting 
the evacuation of passengers during an emergency situation.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    (1) Except as specified in paragraphs (h) and (i) of this AD: 
Comply with all required actions and compliance times specified in, 
and in accordance with, EASA AD 2021-0012.
    (2) As of the effective date of this AD, do not install a 
jettisonable window on any helicopter unless the actions required by 
this AD have been accomplished.

(h) Exceptions to EASA AD 2021-0012

    (1) Where EASA AD 2021-0012 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0012 refers to its effective date, the 
effective date of EASA AD 2019-0107, dated May 16, 2019, and the 
effective date of EASA AD 2020-0061, dated March 17, 2020, this AD 
requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2021-0012 specifies 
compliance within 250 flight hours or 6 months for helicopters not 
operated over water and within 110 flight hours or 6 months for 
helicopters operated over water, this AD requires compliance within 
110 hours time-in-service (TIS) for Group 1 and Group 2 helicopters, 
as defined in EASA AD 2021-0012.
    (4) Where paragraph (2) of EASA AD 2021-0012 specifies 
compliance within 25 months, this AD requires compliance within 110 
hours TIS.
    (5) Where the service information referenced in EASA AD 2021-
0012 specifies discarding parts, this AD requires removing those 
parts from service.
    (6) Where the service information referenced in EASA AD 2021-
0012 specifies contacting Airbus Helicopters to obtain a technical 
solution, this AD requires repair done in accordance with a method 
approved by the Manager, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA; or EASA; or Airbus 
Helicopters' EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.
    (7) Where the service information referenced in EASA AD 2021-
0012 specifies to use tooling, this AD allows the use of equivalent 
tooling.
    (8) Where the service information referenced in EASA AD 2021-
0012 specifies using a video, this AD does not require using the 
video.
    (9) Paragraph (3) of EASA AD 2021-0012 does not apply to this 
AD. Refer to paragraph (b) of this AD for affected FAA AD 
information.
    (10) This AD does not adopt the Remarks paragraph of EASA AD 
2021-0012.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0012 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits are prohibited for flights over water 
with passengers on board.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (l) of 
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(l) Additional Information

    For more information about this AD, contact Matt Fuller, AD 
Program Manager, General Aviation & Rotorcraft Unit, Airworthiness 
Products Section, Operational Safety Branch, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0012, 
dated January 11, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0012, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]. You may find this material on the EASA website 
at ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of 
the Regional Counsel,

[[Page 8241]]

Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 
76177. For information on the availability of this material at the 
FAA, call (817) 222-5110.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 1, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-02605 Filed 2-7-23; 8:45 am]
BILLING CODE 4910-13-P


