Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Rules and Regulations 77891 

(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 

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 righthand 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, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; 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 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, 


khammond on DSKJM1Z7X2PROD with RULES
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. 

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 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 

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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Rules and Regulations 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-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 

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 


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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. 

(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: 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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Rules and Regulations 77895 

1 14 CFR part 89, subpart D. 

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 

AGENCY: Federal Aviation 

Administration, DOT 

ACTION: Acceptable means of 

compliance; notice of availability; 

correction. 

SUMMARY: 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 

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

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. 


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