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.

Proposed Rules Federal Register

77536 

Vol. 88, No. 217 

Monday, November 13, 2023 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2148; Project 

Identifier MCAI–2022–00706–R] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters Deutschland GmbH (AHD) 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Airbus Helicopters Deutschland GmbH 

(AHD) Model EC135P1, EC135P2, 

EC135P2+, EC135P3, EC135T1, 

EC135T2, EC135T2+, EC135T3, MBB– 

BK 117 C–2, MBB–BK 117 D–2, and 

MBB–BK 117 D–3 helicopters. This 

proposed AD was prompted by the 

determination that Instrument Flight 

Rules (IFR) screens obstruct the pilot’s 

view. This proposed AD would require 

removing certain part-numbered IFR 

screens, as specified in a European 

Union Aviation Safety Agency (EASA) 

AD, which is proposed for incorporation 

by reference. This proposed AD would 

also prohibit installing those IFR 

screens on any helicopter. The FAA is 

proposing this AD to address the unsafe 

condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by December 28, 

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–2023–2148; 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 identified in this 

NPRM, contact Konrad-Adenauer-Ufer 

3, 50668 Cologne, Germany; telephone 

+49 221 8999 000; email ADs@

easa.europa.eu; website easa.europa.eu. 

You may find the EASA material on the 

EASA website ad.easa.europa.eu. 

• You may view this material at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood 

Parkway, 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–2023–2148. 

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 website 

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, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone (303) 

342–1080; email william.mccully@

faa.gov. 

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–2023–2148; Project Identifier 

MCAI–2022–00706–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 Dan McCully, 

Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone (303) 342–1080; 

email william.mccully@faa.gov. Any 

commentary that the FAA receives that 

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 2022–0097, 

dated June 1, 2022 (EASA AD 2022– 

0097), to correct an unsafe condition on 

Airbus Helicopters Deutschland GmbH 

Model EC135 P1, EC135 P2, EC135 P2+, 

EC135 P3, EC135 T1, EC135 T2, EC135 

T2+, EC135 T3, EC635 P2+, EC635 P3, 

EC635 T1, EC635 T2+, EC635 T3, MBB– 

BK117 C–2, MBB–BK117 D–2, MBB– 


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Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules 77537 

BK117 D–3, and MBB–BK117 D–3m 

helicopters. 

This proposed AD was prompted by 

the determination that IFR screens 

obstruct the pilot’s views. These IFR 

screens may be used for IFR training. 

According to Airbus Helicopters, the 

IFR screens obstruct the pilot’s view to 

the front and to the right. The FAA is 

proposing this AD to address the 

obstructed views, which could lead to 

reduced situational awareness of the 

pilot and subsequent mid-air collision. 

You may examine EASA AD 2022– 

0097 in the AD docket at regulations.gov 

under Docket No. FAA–2023–2148. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2022–0097 requires 

removing certain part-numbered IFR 

screens and prohibits installing them on 

any helicopter. 

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 also reviewed Airbus 

Helicopters Alert Service Bulletin (ASB) 

EC135–25A–033, ASB EC135H–25A– 

007, ASB MBB–BK117 C–2–25A–022, 

and ASB MBB–BK117 D–2–25A–023, 

each Revision 0 and dated May 23, 

2022, which specify procedures for 

removing the lower, pilot door, and 

upper IFR screens from the helicopter. 

This service information also specifies 

that the lower, pilot door, and upper IFR 

screens must not be installed on a 

helicopter and the respective 

maintenance manual task is invalid and 

must no longer be used. 

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 the same 

type designs. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2022–0097, 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 2022–0097 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2022–0097 

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 2022–0097 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 2022–0097. 

Service information referenced in EASA 

AD 2022–0097 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2023–2148 after the 

FAA final rule is published. 

Differences Between This Proposed AD 

and the EASA AD 

EASA AD 2022–0097 applies to 

Model EC635 P2+, EC635 P3, EC635 T1, 

EC635 T2+, EC635 T3, and MBB–BK117 

D–3m helicopters, whereas this 

proposed AD would not because those 

model helicopters are not FAA typecertificated and are not included on the 

U.S. type certificate data sheet except 

where the U.S. type certificate data 

sheet explains that the Model EC635T2+ 

helicopter having serial number 0858 

was converted from Model EC635T2+ to 

Model EC135T2+. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 573 

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 proposed AD. 

Removing the IFR screens would take 

about 0.5 work-hour for an estimated 

cost of $43 per helicopter and up to 

$24,639 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 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 


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77538 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Airbus Helicopters Deutschland GmbH 

(AHD): Docket No. FAA–2023–2148; 

Project Identifier MCAI–2022–00706–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by December 28, 

2023. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Airbus Helicopters 

Deutschland GmbH (AHD) Model EC135P1, 

EC135P2, EC135P2+, EC135P3, EC135T1, 

EC135T2, EC135T2+, EC135T3, MBB–BK 117 

C–2, MBB–BK 117 D–2, and MBB–BK 117 D– 

3 helicopters, certificated in any category. 

Note 1 to paragraph (c): Helicopters with 

an EC135P3H designation are Model 

EC135P3 helicopters, helicopters with an 

EC135T3H designation are Model EC135T3 

helicopters, and helicopters with an MBB– 

BK117 C–2e designation are Model MBB– 

BK117 C–2 helicopters. 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2500, Cabin Equipment/Furnishings. 

(e) Unsafe Condition 

This AD was prompted by the 

determination that Instrument Flight Rules 

(IFR) screens obstruct the pilot’s views. The 

FAA is issuing this AD to address the 

obstructed views caused by the IFR screens. 

The unsafe condition, if not addressed, could 

result in reduced situational awareness of the 

pilot and subsequent mid-air collision. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

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– 

0097, dated June 1, 2022 (EASA AD 2022– 

0097). 

(h) Exceptions to EASA AD 2022–0097 

(1) Where EASA AD 2022–0097 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2022–0097. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2022–0097 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(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, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone (303) 

342–1080; email william.mccully@faa.gov. 

(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 this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2022–0097, dated June 1, 2022. 

(ii) [Reserved] 

(3) For EASA AD 2022–0097, contact 

Konrad-Adenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; email 

ADs@easa.europa.eu; website 

easa.europa.eu. You may find the EASA 

material on the EASA website 

ad.easa.europa.eu. 

(4) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Parkway, 

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 fr.inspection@nara.gov. 

Issued on October 30, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–24560 Filed 11–9–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2145; Project 

Identifier MCAI–2023–00358–T] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Bombardier Inc. Model BD–100–1A10 

airplanes. This proposed AD was 

prompted by a report of a steering 

control unit (SCU) filter plate connector 

that does not meet the certification 

requirements for exposure of electronic 

components to high intensity radiated 

field environments, which could result 

in malfunction of the nose wheel 

steering (NWS) system. This proposed 

AD would require determining if the 

SCU is an affected SCU, replacing all 

affected SCUs, and rigging and testing 

the NWS control. This proposed AD 

would also prohibit installing an 

affected SCU on any airplane. The FAA 

is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by December 28, 

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–2023–2145; 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, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 


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