90 FR 73 pgs. 16077-16080 - Airworthiness Directives; Airbus Helicopters
Type: RULEVolume: 90Number: 73Pages: 16077 - 16080
Pages: 16077, 16078, 16079, 16080Docket number: [Docket No. FAA-2025-0620; Project Identifier MCAI-2025-00020-R; Amendment 39-23015; AD 2025-08-02]
FR document: [FR Doc. 2025-06560 Filed 4-14-25; 11:15 am]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0620; Project Identifier MCAI-2025-00020-R; Amendment 39-23015; AD 2025-08-02]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY:
Federal Aviation Administration (FAA), DOT.
ACTION:
Final rule; request for comments.
SUMMARY:
The FAA is adopting a new airworthiness directive (AD) for certain Airbus Helicopters Model H160-B helicopters. This AD was prompted by reports of difficulty moving the locking fingers when applying the jettisoning function of the windows. This AD requires repetitively lubricating the locking fingers of each jettisonable window, performing an operational test, and depending on the results, performing corrective actions. These actions are 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 May 2, 2025.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 2, 2025.
The FAA must receive comments on this AD by June 2, 2025.
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-2025-0620; 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 mandatory continuing airworthiness information (MCAI), 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 AD, 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 the EASA material on the EASA website at ad.easa.europa.eu.
• You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Parkway, 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-2025-0620.
FOR FURTHER INFORMATION CONTACT:
Alexis Whitaker, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY; phone: (516) 228-7309; email: alexis.j.whitaker@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 the ADDRESSES section. Include "Docket No. FAA-2025-0620; Project Identifier MCAI-2025-00020-R" at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov , including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as "PROPIN." The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI should be sent to Alexis Whitaker, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2025-0009, dated January 10, 2025 (EASA AD 2025-0009) (also referred to as "the MCAI"), to correct an unsafe condition on Airbus Helicopters Model H160-B helicopters. The MCAI states that occurrences were reported where difficulty was experienced when applying the jettisoning function of the windows. The MCAI also states that subsequent investigation revealed that, in some occurrences, the effort needed to move the locking fingers from the locking position may be too high.
[top] The FAA is issuing this AD to prevent the failure of the jettisoning function of the window. The unsafe condition, if not addressed, could result in the inability to evacuate helicopter occupants during an emergency situation.
You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2025-0620.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2025-0009, which specifies procedures for repetitive lubrication of the locking fingers on the jettisonable window systems, performing an operational test of the windows after each lubrication, and taking corrective actions in accordance with the manufacturer's instructions. EASA AD 2025-0009 also allows installing affected parts on any helicopter provided that before installation the part is lubricated and tested.
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.
FAA's Determination
These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA about the unsafe condition described in the MCAI. The FAA is issuing this AD after determining that the unsafe condition described previously is likely to exist or develop on other products of this same type design.
AD Requirements
This AD requires accomplishing the actions specified in EASA AD 2025-0009, described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, EASA AD 2025-0009 is incorporated by reference in this AD. This AD requires compliance with EASA AD 2025-0009 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Material required by EASA AD 2025-0009 for compliance will be available at regulations.gov under Docket No. FAA-2025-0620 after this AD is published.
Differences Between This AD and the MCAI
Where EASA AD 2025-0009 specifies contacting Airbus Helicopters for applicable corrective actions and instructions after performing an operational test, this AD requires using a repair method approved by the FAA, EASA, or Airbus Helicopters' EASA Design Organization Approval.
Where EASA AD 2025-0009 applies to all Model H160-B helicopters, this AD applies to Model H160-B helicopters with certain jettisonable windows and parts installed.
Where EASA AD 2025-0009 defines an affected part as a part identified in the original and any future revision of Airbus Helicopters Alert Service Bulletin H160-05-00-0001, this AD lists the affected parts by name and part number. The affected parts listed in this AD are the same as those identified in Airbus Helicopters Alert Service Bulletin ASB H160-05-00-0001, Issue 001, dated January 9, 2025.
Where EASA AD 2025-0009 prohibits installing an affected part unless it has been lubricated and tested in accordance with the service information, this AD does not contain that prohibition. Since this AD applies to helicopters with an affected part installed, the lubrication and testing would already be required should an affected part be installed on the helicopter at a later time.
Justification for Immediate Adoption and Determination of the Effective Date
Section 553(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 the jettison windows are part of the emergency evacuation system, and if the jettison windows do not properly open, a decrease in evacuation time could occur. Additionally, the initial actions required by this AD must be accomplished within 3 months, 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).
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 nine helicopters of U.S. registry. Labor rates are estimated at $85 per hour. Based on these numbers, the FAA estimates that operators may incur the following costs to comply with this AD.
Action | Labor cost | Parts cost | Cost per product | Cost on U.S. operators |
---|---|---|---|---|
Lubrication of the locking fingers on each jettisonable window | 3 work-hours × $85 per hour = $255 per cycle | $0 | $255 per cycle | $2,295 per cycle. |
Operational tests of the jettisonable window | 3 work-hours × $85 per hour = $255 per cycle | 0 | $255 per cycle | $2,295 per cycle. |
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The repairs needed as a result of failing the operational tests could vary significantly from helicopter to helicopter. The FAA has no way of determining the costs to accomplish the repairs or the number of helicopters that may require repair.
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 adding the following new airworthiness directive:
2025-08-02 Airbus Helicopters: Amendment 39-23015; Docket No. FAA-2025-0620; Project Identifier MCAI-2025-00020-R.
(a) Effective Date
This airworthiness directive (AD) is effective May 2, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Helicopters Model H160-B helicopters, certificated in any category, with a part listed in table 1 to paragraph (c) of this AD installed.
Part | Manufacturer part No. | Airbus helicopters part No. |
---|---|---|
Pilot jettisonable window | 045-14405-990 | U522A10T1006. |
Co-pilot jettisonable window | 045-14402-990 | U522A20T1008. |
Left-hand (LH) intermediate jettisonable window | 045-14400-990 | U522A60T1006. |
LH Sliding door jettisonable window | 045-14401-990 | U522A40T1006. |
Right-hand (RH) intermediate jettisonable window | 045-14403-990 | U522A50T1006. |
RH Sliding door jettisonable window | 045-14404-990 | U522A30T1008. |
LH intermediate jettisonable window tinted glass | 045-14774-990 | U522A60T1007. |
LH sliding door jettisonable window tinted glass | 045-14775-990 | U522A40T1007. |
RH intermediate jettisonable window tinted glass | 045-14776-990 | U522A50T1007. |
RH sliding door jettisonable window tinted glass | 045-14777-990 | U522A30T1009. |
LH intermediate emergency exit assembly | Not applicable | U522A2142101. |
LH hinge door emergency exit assembly | Not applicable | U522A2122101. |
RH intermediate emergency exit assembly | Not applicable | U522A2132101. |
RH hinge door emergency exit assembly | Not applicable | U522A2112101. |
(d) Subject
Joint Aircraft System Component (JASC) Code 5220, Emergency exits.
(e) Unsafe Condition
This AD was prompted by reports of difficulty moving the locking fingers when applying the jettisoning function of the windows. The FAA is issuing this AD to prevent the failure of the jettisoning of the window. The unsafe condition, if not addressed, could result in the inability to evacuate helicopter occupants during an emergency situation.
(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 AD 2025-0009, dated January 10, 2025 (EASA AD 2025-0009).
(h) Exceptions to EASA AD 2025-0009
(1) Where EASA AD 2025-0009 defines "affected part," this AD defines an affected part as a part listed in table 1 to paragraph (c) of this AD.
(2) Where EASA AD 2025-0009 requires compliance in terms of flight hours, this AD requires using hours time-in-service.
(3) Where EASA AD 2025-0009 refers to its effective date, this AD requires using the effective date of this AD.
(4) Where EASA AD 2025-0009 specifies contacting Airbus Helicopters for applicable corrective actions and instructions after performing an operational test, this AD requires using a repair 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.
(5) This AD does not require paragraph (4) of EASA AD 2025-009.
(6) This AD does not adopt the "Remarks" section of EASA AD 2025-0009.
(i) No Reporting Requirement
[top] Although the material referenced in EASA AD 2025-0009 specifies to submit certain information to the manufacturer, this AD does not require that action.
(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 and email to: 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) Additional information
For more information about this AD, contact Alexis Whitaker, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY; phone: (516) 228-7309; email: alexis.j.whitaker@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2025-0009, dated January 10, 2025.
(ii) [Reserved]
(3) For EASA material identified in this AD, 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 the EASA material on the EASA website at ad.easa.europa.eu.
(4) 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.
(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 April 9, 2025.
Paul R. Bernado,
Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2025-06560 Filed 4-14-25; 11:15 am]
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