89568 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 

(2) Except as provided in 49 U.S.C.

32912(c), a manufacturer that violates a 

standard prescribed for a model year 

under 49 U.S.C. 32902 is liable to the 

United States Government for a civil 

penalty of $17 (for model years before 

model year 2019, the civil penalty is 

$5.50; for model years 2019 through 

2021, the civil penalty is $14; for model 

year 2022, the civil penalty is $15; for 

model year 2023, the civil penalty is 

$16), multiplied by each .1 of a mile a 

gallon by which the applicable average 

fuel economy standard under that 

section exceeds the average fuel 

economy— 

* * * * * 

(3) If a higher amount for each .1 of

a mile a gallon to be used in calculating 

a civil penalty under paragraph (h)(2) of 

this section is prescribed pursuant to 

the process provided in 49 U.S.C. 

32912(c), the amount prescribed may 

not be more than $32 for each .1 of a 

mile a gallon. 

(i) Medium- and heavy-duty vehicle

fuel efficiency. The maximum civil 

penalty for a violation of the fuel 

consumption standards of 49 CFR part 

535 is not more than $50,360 per 

vehicle or engine. The maximum civil 

penalty for a related series of violations 

shall be determined by multiplying 

$50,360 times the vehicle or engine 

production volume for the model year 

in question within the regulatory 

averaging set. 

Signed in Washington, DC, on December 

15, 2023. 

Peter Paul Montgomery Buttigieg, 

Secretary of Transportation. 

[FR Doc. 2023–28066 Filed 12–27–23; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2396; Project 

Identifier MCAI–2023–01147–R; Amendment 

39–22641; AD 2023–25–14] 

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) 2022–27– 

09, which applied to certain Airbus 

Helicopters Model EC130T2 helicopters. 

AD 2022–27–09 required repetitively 

inspecting the vibration level on the tail 

rotor drive shaft and, depending on the 

results, taking corrective action. AD 

2022–27–09 also required reporting 

information and prohibited installing 

certain rotor drive shafts unless the 

inspection was done. Since the FAA 

issued AD 2022–27–09, Airbus 

Helicopters revised its service 

information to update the procedures 

for inspecting that vibration level, 

reduce an allowable vibration level, and 

clarify when a balance correction may 

be accomplished. This AD was 

prompted by the determination that a 

certain vibration measurement tool was 

providing unexpected results and 

therefore the threshold must be revised. 

This AD continues to require certain 

actions in AD 2022–27–09 and also 

revises the procedures for inspecting the 

vibration level on the tail rotor drive 

shaft and depending on these results, 

requires replacing certain parts, 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 January 12, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 28, 2023. 

The FAA must receive comments on 

this AD by February 12, 2024. 

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.

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; You may 

find this material on the 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. 

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. 

Examining the AD Docket 

You may examine the AD docket at 

regulations.gov by searching for and 

locating Docket No. FAA–2023–2396; 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. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Dan 

McCully, Aviation Safety Engineer, 

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–2023–2396; 

Project Identifier MCAI–2023–01147–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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 89569 

(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 Dan McCully, 

Aviation Safety Engineer, FAA, 1600 

Stewart Ave., Suite 410, Westbury, NY 

11590; telephone (404) 474–5548; 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 

The FAA issued AD 2022–27–09, 

Amendment 39–22294 (88 FR 2199, 

January 13, 2023) (AD 2022–27–09), for 

certain Airbus Helicopters Model 

EC130T2 helicopters. AD 2022–01–05 

was prompted by EASA Emergency AD 

2022–0251–E, dated December 14, 2022 

(EASA AD 2022–0251–E), originated by 

EASA, which is the Technical Agent for 

the Member States of the European 

Union. EASA AD 2022–0251–E was 

issued to correct an unsafe condition on 

Airbus Helicopters Model EC 130 T2 

helicopters with modification 079809 

incorporated in production. AD 2022– 

27–09 required repetitively inspecting 

the balancing of the tail rotor drive shaft 

by measuring the vibration level. 

Depending on the results, AD 2022–27– 

09 required accomplishing corrective 

action in accordance with a method 

approved by the FAA, EASA, or Airbus 

Helicopters’ EASA Design Organization 

Approval, and reporting the results to 

Airbus Helicopters. Lastly, AD 2022– 

27–09 prohibited installing certain partnumbered tail rotor drive shafts on any 

helicopter unless its requirements were 

met. The FAA issued AD 2022–27–09 to 

address an excessive vibration level on 

the tail rotor drive shaft, which could 

result in failure of the tail rotor drive 

shaft and subsequent loss of yaw control 

of the helicopter. 

Actions Since AD 2022–27–09 Was 

Issued 

Since the FAA issued AD 2022–27– 

09, EASA superseded EASA AD 2022– 

0251–E by issuing EASA Emergency AD 

2023–0190–E, dated November 2, 2023 

(EASA AD 2023–0190–E), to correct an 

unsafe condition on Airbus Helicopters 

Model EC 130 T2 helicopters with 

modification 079809 incorporated in 

production. EASA AD 2023–0190–E 

states that it was identified that one of 

the vibration measurement tools was 

providing different results than 

expected and therefore it was 

determined that the threshold must be 

revised. Consequently, Airbus 

Helicopter revised its service 

information to provide updated 

vibration inspection instructions, 

reduce an allowable vibration level, and 

clarify when a balance correction may 

be accomplished. Accordingly, EASA 

AD 2023–0190–E retains the 

requirements of EASA AD 2022–0251– 

E and depending on the results of the 

updated vibration inspection, requires 

replacing certain parts with new (zero 

total hours time-in-service) parts. 

Additionally, EASA AD 2023–0190–E 

prohibits performing a balance 

correction unless it is performed 

concurrently with replacement of 

certain parts by following certain 

procedures. However, if a balance 

correction has already been performed 

independent of replacing the sliding 

flange and the splined sleeve equipped, 

EASA AD 2023–0190–E requires 

contacting Airbus Helicopter for further 

approved instructions. EASA considers 

its AD an interim action and states that 

further AD action may follow. See 

EASA AD 2023–0190–E for additional 

background information. 

Additionally, the FAA discovered that 

an incorrect U.S. fleet count was 

provided in the Costs of Compliance 

section of AD 2022–27–09. This AD 

corrects that count. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2023–0190–E requires 

repetitively checking the balancing of 

the tail rotor drive shaft by measuring 

the vibration level. Depending on the 

results, EASA AD 2023–0190–E requires 

replacing certain parts with new parts. 

EASA AD 2023–0190–E also prohibits 

performing a balance correction unless 

this action is performed concurrently 

with replacing certain parts. If a balance 

correction has already been performed 

independently of replacing those parts, 

EASA AD 2023–0190–E requires 

contacting Airbus Helicopters to obtain 

approved instructions and 

accomplishing those instructions. EASA 

AD 2023–0190–E also requires reporting 

the vibration measurements to Airbus 

Helicopters. Lastly, EASA AD 2023– 

0190–E prohibits installing certain partnumbered tail rotor drive shafts on any 

helicopter unless its requirements are 

met. 

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 Helicopters 

Emergency Alert Service Bulletin No. 

EC130–05A042, Revision 1, dated 

November 2, 2023 (EASB EC130– 

05A042 Rev 1). This service information 

specifies procedures for measuring the 

vibration level on the tail rotor drive 

shaft, reporting the results to Airbus 

Helicopters, and replacing the sliding 

flange and the splined sleeve equipped. 

The FAA also reviewed AMM Task 

65–11–01,5–1A, Adjustment—Balancing 

of the tail rotor drive line (with the 

STEADY Control tuning equipment)— 

Tail Drive Line POST MOD 079809 and 

AMM Task 65–11–01,5–1B, 

Adjustment—Balancing of the tail rotor 

drive shaft (with the VIBREX 2000 

adjustment equipment)—Tail Drive Line 

POST MOD 079809, both Update 2 and 

dated July 3, 2022. This service 

information specifies procedures for 

measuring the vibration level on the tail 

rotor drive shaft, analyzing the results, 

and balancing the tail rotor drive line or 

shaft. 

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 emergency 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 2022–27–09. This AD also 

requires accomplishing the actions 

specified in EASA AD 2023–0190–E, 

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 Emergency AD.’’ 

EASA AD 2023–0190–E refers to 

EASB EC130–05A042 Rev 1, for 

compliance times to replace the spline 

sleeve equipped and sliding flange. This 

AD requires those compliance times, as 

incorporated by reference, and are as 

follows: 


khammond on DSKJM1Z7X2PROD with RULES
89570 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 

Task used Vibration measurement result Compliance time 

The maintenance task A: AH 

EC130 Aircraft Maintenance Manual (AMM) 

Task 65–11–01,5–1A 

(‘‘Balancing of the tail 

rotor drive line’’).

If the vibration level is equal to or more than 1.4 and 

less than 1.8 IPS.

If the vibration level is equal to or more than 1.8 and 

less than 2.6 IPS.

Within 30 hours time-in-service (TIS) after the last inspection. 

Within 15 hours TIS after the last inspection. 

If the vibration level is equal to or more than 2.6 IPS .... Before further flight. 

The maintenance task B: AH 

EC130 AMM Task 65–11– 

01,5–1B (‘‘Balancing of 

the tail rotor drive shaft’’).

If the vibration level is equal to or more than 0.7 and 

less than 0.9 IPS.

Within 30 hours TIS after the last inspection; or, if the 

last inspection was done before the effective date of 

this AD and more than 30 hours TIS have passed 

since that inspection, before further flight. 

If the vibration level is equal to or more than 0.9 and 

less than 1.3 IPS.

Within 15 hours TIS after the last inspection; or, if the 

last inspection was done before the effective date of 

this AD and more than 15 hours TIS have passed 

since that inspection, before further flight. 

If the vibration level is equal to or more than 1.3 IPS .... Before further flight. 

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– 

0190–E will be incorporated by 

reference in this FAA final rule. This 

AD would, therefore, require 

compliance with EASA AD 2023–0190– 

E 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 2023–0190–E 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 2023–0190–E. 

Service information referenced in EASA 

AD 2023–0190–E for compliance will be 

available at regulations.gov by searching 

for and locating Docket No. FAA–2023– 

2396 after the FAA final rule is 

published. 

Differences Between This AD and the 

EASA Emergency AD 

EASA AD 2023–0190–E requires tail 

rotor drive shaft checks, whereas this 

AD requires tail rotor drive shaft 

inspections because those actions must 

be accomplished by persons authorized 

under 14 CFR 43.3. 

For helicopters that accomplished a 

balance correction in accordance with 

the instructions of the applicable AMM 

before the effective date of EASA AD 

2023–0190–E, except if this balance 

correction was accomplished before 

next flight after replacing the sliding 

flange and the splined sleeve equipped, 

EASA AD 2023–0190–E requires 

contacting AH [Airbus Helicopters] to 

obtain approved instructions, and 

within the compliance time(s) specified 

therein, accomplishing those 

instructions accordingly. Whereas, for 

helicopters that accomplished a balance 

correction in accordance with the 

instructions of the applicable AMM 

before the effective date of this AD, 

except not those that only accomplished 

a balance correction before the next 

flight after installing a new (zero total 

hours time-in-service) sliding flange and 

a new (zero total hours time-in-service) 

splined sleeve equipped, this AD 

requires corrective action accomplished 

in accordance with a method approved 

by the FAA, EASA, or Airbus 

Helicopters’ EASA Design Organization 

Approval. 

EASA AD 2023–0190–E requires 

reporting information to AH [Airbus 

Helicopters], whereas this AD does not. 

EASA AD 2023–0190–E allows credit 

for the initial instance of the vibration 

measurements accomplished before its 

effective date, whereas this AD allows 

credit for any instance of the vibration 

measurements accomplished before the 

effective date of this AD. 

EASA AD 2023–0190–E prohibits 

performing a balance correction, except 

if it is accomplished as part of its 

requirements. This AD does not, 

because such a compliance time would 

be difficult to enforce. 

Interim Action 

The FAA considers this AD 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 foregoing notice 

and comment prior to adoption of this 

rule because the tail rotor drive shaft is 

critical to the control of a helicopter and 

a failure of the tail rotor drive shaft 

could occur during any phase of flight 

without previous indication. The FAA 

also has no information pertaining to 

how quickly the condition may 

propagate to failure. In light of this and, 

depending how many hours the 

helicopter has accumulated, for some 

operators the initial inspection must be 

accomplished before further flight. For 

other operators, the initial inspection 

must be accomplished before 

accumulating 50 total hours time-inservice or within three months, 

whichever occurs first, which is shorter 

than the time necessary for the public to 

comment and for publication of the final 

rule. 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). 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 89571 

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 117 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 tail rotor drive shaft 

takes approximately 4 work-hours for an 

estimated cost of $340 per helicopter 

and $39,780 for the U.S. fleet, per 

inspection cycle. 

If required, replacing the sliding 

flange and the splined sleeve equipped 

takes approximately 40 work-hours and 

parts cost $3,420 for an estimated cost 

of $6,820, per replacement cycle. 

For helicopters that accomplished a 

balance correction in accordance with 

the instructions of the applicable AMM 

before the effective date of this AD, 

except not those that only accomplished 

a balance correction before the next 

flight after installing a new (zero total 

hours time-in-service) sliding flange and 

a new (zero total hours time-in-service) 

splined sleeve equipped, the corrective 

action that may be needed 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. 

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 

■ 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 

2022–27–09, Amendment 39–22294 (88 

FR 2199, January 13, 2023); and 

■ b. Adding the following new 

airworthiness directive: 

2023–25–14 Airbus Helicopters:

Amendment 39–22641; Docket No. 

FAA–2023–2396; Project Identifier 

MCAI–2023–01147–R. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective January 12, 2024. 

(b) Affected ADs 

This AD replaces AD 2022–27–09, 

Amendment 39–22294 (88 FR 2199, January 

13, 2023) (AD 2022–27–09). 

(c) Applicability 

This AD applies to Airbus Helicopters 

Model EC130T2 helicopters, certificated in 

any category, as identified in European 

Union Aviation Safety Agency (EASA) 

Emergency AD 2023–0190–E, dated 

November 2, 2023 (EASA AD 2023–0190–E). 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6510, Tail Rotor Drive Shaft. 

(e) Unsafe Condition 

This AD was prompted by a report of a 

crack in the tailboom. The FAA is issuing 

this AD to address an excessive vibration 

level on the tail rotor drive shaft. The unsafe 

condition, if not addressed, could result in 

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 paragraphs (h) and 

(i) of this AD: Comply with all required 

actions and compliance times specified in, 

and in accordance with, EASA AD 2023– 

0190–E. 

(h) Exceptions to EASA AD 2023–0190–E 

(1) Where EASA AD 2023–0190–E requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service. 

(2) Where EASA AD 2023–0190–E refers to 

the effective date of December 16, 2022 (the 

effective date of EASA AD 2022–0251–E, 

dated December 14, 2022), this AD requires 

using the effective date of January 30, 2023 

(the effective date of AD 2022–27–09). 

(3) Where EASA AD 2023–0190–E refers to 

its effective date, this AD requires using the 

effective date of this AD. 

(4) Where EASA AD 2023–0190–E refers to 

tail rotor drive shaft checks, this AD requires 

tail rotor drive shaft inspections. 

(5) Where Note 1 of EASA AD 2023–0190– 

E states, ‘‘Unless indicated otherwise, the FH 

specified in Table 1 of this AD are those 

accumulated by the helicopter since first 

flight, or since the installation of the new 

spline sleeve equipped and sliding flange;’’ 

for this AD, replace that text with ‘‘Unless 

indicated otherwise, the hours time-inservice specified in Table 1 of this AD are 

those accumulated by the helicopter since 

first flight, or since the installation of the 

new spline sleeve equipped and sliding 

flange, as applicable to your helicopter.’’ 

(6) This AD does not allow the provisions 

in Note 2 of EASA AD 2023–0190–E or Note 

2 in the ASB referenced in EASA AD 2023– 

0190–E. Refer to paragraph (j) of this AD for 

special flight permit information. 

(7) Where paragraphs (2) and (3) of EASA 

AD 2023–0190–E require removing parts, this 

AD requires removing those parts from 

service. 

(8) Where paragraph (4) of EASA AD 2023– 

0190–E specifies to ‘‘contact AH [Airbus 

Helicopters] to obtain approved instructions, 

and within the compliance time(s) specified 

therein, accomplish those instructions 

accordingly;’’ for this AD, replace that text 

with ‘‘accomplish corrective action in 

accordance with a method approved by the 

Manager, International Validation Branch, 

FAA; or EASA; or Airbus Helicopters’ EASA 


khammond on DSKJM1Z7X2PROD with RULES
89572 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 

Design Organization Approval (DOA). If 

approved by the DOA, the approval must 

include the DOA-authorized signature.’’ 

(9) This AD does not require compliance 

with paragraph (5) of EASA AD 2023–0190– 

E. 

Note 1 paragraph (h)(9): Accomplishing a 

balance correction other than with the 

replacement of tail rotor drive line parts 

could interfere with subsequent tail rotor 

drive line balancing inspections. Airbus 

Helicopters Emergency Alert Service Bulletin 

No. EC130–05A042, Revision 1, dated 

November 2, 2023, contains additional 

information regarding balance corrections. 

(10) This AD does not require compliance 

with paragraph (6) of EASA AD 2023–0190– 

E. 

(11) Instead of the credit allowed in 

paragraph (7) of EASA AD 2023–0190–E, you 

may take credit for the vibration 

measurements required by paragraph (1) of 

EASA AD 2023–0190–E that have been 

accomplished before the effective date of this 

AD using Airbus Helicopters Emergency 

Alert Service Bulletin No. EC130–05A042, 

Revision 0, dated December 14, 2022. 

(12) Instead of the credit allowed in 

paragraph (8) of EASA AD 2023–0190–E, you 

may take credit for accomplishing 

‘‘maintenance task B,’’ as defined in EASA 

AD 2023–0190–E and required by paragraph 

(3) of EASA AD 2023–0190–E, to satisfy the 

initial instance of ‘‘maintenance task B,’’ as 

defined in EASA AD 2023–0190–E and 

required by paragraph (2) of EASA AD 2023– 

0190–E. 

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

section of EASA AD 2023–0190–E. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2023–0190–E 

specifies to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Special Flight Permit 

Special flight permits may be issued in 

accordance with 14 CFR 21.197 and 21.199 

only to operate the helicopter to a 

maintenance location for the initial tail rotor 

drive shaft inspection, provided no 

passengers are onboard. 

(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)(1) 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. 

(l) Additional Information 

(1) For more information about this AD, 

contact Dan McCully, Aviation Safety 

Engineer, FAA, 1600 Stewart Ave., Suite 410, 

Westbury, NY 11590; telephone (404) 474– 

5548; email william.mccully@faa.gov. 

(2) For Airbus Helicopters service 

information identified in this AD that is not 

incorporated by reference, 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 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. 

(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 this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) Emergency AD 2023–0190–E, dated 

November 2, 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; 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 December 22, 2023. 

Caitlin Locke, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–28720 Filed 12–26–23; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

15 CFR Part 231 

[Docket No. 231218–0308] 

RIN 0693–AB70 

Preventing the Improper Use of CHIPS 

Act Funding; Revised Definition of 

‘‘Material Expansion’’ 

AGENCY: CHIPS Program Office, 

National Institute of Standards and 

Technology, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The Department of Commerce 

(the Department), through the National 

Institute of Standards and Technology, 

is amending the definition of ‘‘material 

expansion’’ in the September 25, 2023 

final rule, Preventing the Improper Use 

of CHIPS Act Funding, to clarify that the 

construction of new semiconductor 

manufacturing facilities falls within the 

scope of the rule. 

DATES: This final rule is effective on 

December 28, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Vikram Viswanathan at (240) 309–9040 

or askchips@chips.gov. Please direct 

media inquiries to the CHIPS Press 

Team at press@chips.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The CHIPS Act, 15 U.S.C. 4651, et 

seq., established a semiconductor 

incentives program (CHIPS Incentives 

Program) to incentivize, through Federal 

funding, investments in the 

construction, expansion, and 

modernization of facilities and 

equipment in the United States for the 

fabrication, assembly, testing, advanced 

packaging, production, or research and 

development of semiconductors, 

materials used to manufacture 

semiconductors, or semiconductor 

manufacturing equipment. The CHIPS 

Incentives Program is administered by 

the CHIPS Program Office (CPO) within 

the National Institute of Standards and 

Technology (NIST) of the Department. 

On March 23, 2023, CPO published a 

proposed rule that requested comment 

on defined terms used in the Act 

(including terms that will be used in 

required agreements with covered 

entities), identified the types of 

transactions that are prohibited under 

the Expansion Clawback and 

Technology Clawback sections of the 

Act, and provided a description of the 

proposed process for notification of 

certain transactions to the Secretary (88 


khammond on DSKJM1Z7X2PROD with RULES