[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Rules and Regulations]
[Pages 86260-86263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27429]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2239; Project Identifier MCAI-2023-01201-R; 
Amendment 39-22627; AD 2023-24-51]
RIN 2120-AA64


Airworthiness Directives; H[eacute]licopt[egrave]res Guimbal 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
H[eacute]licopt[egrave]res Guimbal Model Cabri G2 helicopters. This AD 
was prompted by reports of a crack in the pilot cyclic stick base. This 
AD requires repetitively inspecting certain part-numbered pilot and co-
pilot cyclic stick bases and, depending on the results, corrective 
action. This AD also prohibits installing those pilot and co-pilot 
cyclic stick bases unless certain requirements are met. These actions 
are specified in a European Union Aviation Safety Agency (EASA) AD, 
which is incorporated by reference. The FAA previously sent this AD as 
an emergency AD to all known U.S. owners and operators of these 
helicopters. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective December 28, 2023. Emergency AD 2023-24-51, 
issued on November 21, 2023, which contained the requirements of this 
amendment, was effective with actual notice.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 28, 
2023.
    The FAA must receive comments on this AD by January 29, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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-2023-2239; 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, any comments received, and other 
information. The address for Docket Operations is listed above.
    Material Incorporated by Reference:
    <bullet> For EASA material identified in this final rule, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#9ddcd9eeddf8fceefcb3f8e8eff2edfcb3f8e8"><span class="__cf_email__" data-cfemail="de9f9aad9ebbbfadbff0bbabacb1aebff0bbab">[email protected]</span></a>; internet easa.europa.eu. You may 
find the EASA material on the EASA website at ad.easa.europa.eu.
    <bullet> For Guimbal service information identified in this final 
rule, contact H[eacute]licopt[egrave]res Guimbal, 1070, rue du 
Lieutenant Parayre, A[eacute]rodrome d'Aix-en-Provence, 13290 Les 
Milles, France; phone 33-04-42-39-10-88; email <a href="/cdn-cgi/l/email-protection#9deee8ededf2efe9dda1fcbdf5eff8fba0" http: guimbal.com">guimbal.com</a>">support@guimbal.com</a>; or 
at guimbal.com.
    <bullet> 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-2023-2239.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (404) 
474-5548; email <a href="/cdn-cgi/l/email-protection#95e2fcf9f9fcf4f8bbf8f6f6e0f9f9ecd5f3f4f4bbf2fae3"><span class="__cf_email__" data-cfemail="1067797c7c79717d3e7d7373657c7c69507671713e777f66">[email protected]</span></a>.

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-2023-2239; Project Identifier MCAI-
2023-01201-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

[[Page 86261]]

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 Dan 
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone (404) 474-5548; email 
<a href="/cdn-cgi/l/email-protection#6a1d030606030b07440709091f0606132a0c0b0b440d051c"><span class="__cf_email__" data-cfemail="7e09171212171f1350131d1d0b1212073e181f1f50191108">[email protected]</span></a>. 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 Emergency AD 2023-24-51, dated November 21, 2023 
(the emergency AD), to address an unsafe condition on all 
H[eacute]licopt[egrave]res Guimbal Model Cabri G2 helicopters. The FAA 
sent the emergency AD to all known U.S. owners and operators of these 
helicopters. The emergency AD requires repetitively inspecting certain 
part-numbered pilot and co-pilot cyclic stick bases for a crack and, 
depending on the results, removing the cracked cyclic stick base from 
service and replacing it with a serviceable cyclic stick base in 
accordance with a method approved by the FAA, EASA, or 
H[eacute]licopt[egrave]res Guimbal EASA Design Organization Approval 
(DOA). The emergency AD also prohibits installing an affected pilot or 
co-pilot cyclic stick base unless it is new (zero total hours time-in-
service) or it has passed its required inspection.
    The emergency AD was prompted by EASA Emergency AD 2023-0204-E, 
dated November 20, 2023 (EASA AD 2023-0204-E), issued by EASA, which is 
the Technical Agent for the Member States of the European Union, to 
correct an unsafe condition on H[eacute]licopt[egrave]res Guimbal Model 
Cabri G2 helicopters. EASA AD 2023-0204-E states that further 
investigation determined that the root cause of the cracks is fatigue, 
primarily related to induced loads on the cyclic stick during pre-
flight (free play) checks. Accordingly, EASA AD 2023-0204-E requires 
repetitively inspecting certain part-numbered pilot and co-pilot cyclic 
stick bases and, depending on the results, corrective action. EASA AD 
2023-0204-E also prohibits installing those pilot and co-pilot cyclic 
stick bases unless its requirements are met.
    You may examine EASA AD 2023-0204-E in the AD docket at 
regulations.gov under Docket No. FAA-2023-2239.
    The FAA is issuing this AD to detect a cracked pilot or co-pilot 
cyclic stick base. This condition, if not addressed, could result in 
failure of the pilot or co-pilot cyclic stick base and subsequent loss 
of control of the helicopter.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0204-E, which requires repetitively 
inspecting pilot cyclic stick base part number (P/N) G41-42-801 and co-
pilot cyclic stick base P/Ns G41-43-801 and G41-43-802 for a crack. 
Depending on the results, EASA AD 2023-0204-E requires contacting HG 
[H[eacute]licopt[egrave]res Guimbal] for approved instructions to 
replace a cracked cyclic stick base and accomplishing those 
instructions accordingly. EASA AD 2023-0204-E also allows removing the 
dual control (co-pilot cyclic stick) instead of replacing a cracked co-
pilot cyclic stick base. Lastly, EASA AD 2023-0204-E prohibits 
installing a specified pilot or co-pilot cyclic stick base unless it is 
a new (never installed before) part or, before installation, has passed 
its required inspection.
    The FAA also reviewed Guimbal Mandatory Service Bulletin SB 23-006, 
Revision B, dated November 14, 2023 (SB 23-006B), which specifies 
procedures for an initial and repetitive inspections of both the pilot 
and copilot cyclic bases for cracks. SB 23-006B specifies doing the 
inspection using a flashlight and in case of doubt, performing a dye-
penetrant inspection. If there is a crack on the pilot's side, SB 23-
006B specifies grounding the helicopter and contacting HG 
[H[eacute]licopt[egrave]res Guimbal]; if there is a crack on the 
copilot's side, SB 23-006B specifies removing the dual controls and 
contacting HG.
    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 helicopters have been approved by the aviation authority of 
the European Union and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the European Union, 
EASA, its technical representative, 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.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2023-0204-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.''

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 2023-0204-E is incorporated by reference in this FAA final 
rule. This AD, therefore, requires compliance with EASA AD 2023-0204-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 2023-0204-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 2023-0204-E. Service information 
referenced in EASA AD 2023-0204-E for compliance will be available at 
regulations.gov under Docket No. FAA-2023-2239 after this final rule is 
published.

Differences Between This AD and the EASA Emergency AD

    The service information referenced in EASA AD 2023-0204-E specifies 
performing a dye-penetrant inspection in case of a doubt regarding if 
there is a crack, whereas this AD does not require that action. If 
there is cracked

[[Page 86262]]

pilot or co-pilot cyclic stick base, EASA AD 2023-0204-E requires 
contacting HG [H[eacute]licopt[egrave]res Guimbal] for approved 
instructions to replace it with a serviceable part and accomplishing 
those instructions accordingly and the service information referenced 
in EASA AD 2023-0204-E specifies contacting HG 
[H[eacute]licopt[egrave]res Guimbal] or removing the dual controls and 
contacting HG [H[eacute]licopt[egrave]res Guimbal], whereas this AD 
requires removing the cracked cyclic stick base from service and 
replacing it with a serviceable cyclic stick base in accordance with a 
method approved by the FAA, EASA, or H[eacute]licopt[egrave]res Guimbal 
EASA DOA.

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 required the immediate adoption of 
Emergency AD 2023-24-51, issued on November 21, 2023, to all known U.S. 
owners and operators of these helicopters. The FAA found that the risk 
to the flying public justified waiving notice and comment prior to 
adoption of this rule because the affected component is part of an 
assembly that is critical to the control of a helicopter. As the FAA 
also has no information pertaining to the quantity of cracked 
components that may currently exist in the U.S. fleet or how quickly 
the condition may propagate to failure, the actions required by this AD 
must be accomplished before further flight for certain helicopters. 
These conditions still exist, therefore, 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 forego 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 49 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 a pilot or co-pilot cyclic stick base takes a minimal 
amount of time for a nominal cost. If required, replacing a pilot 
cyclic stick base takes about 3 work-hours and parts cost about $1,585 
for an estimated cost of $1,840 per helicopter; and replacing a co-
pilot cyclic stick base takes about 1 work-hour and parts cost about 
$711 for an estimated cost of $796 per helicopter.

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, 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

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2023-24-51 H[eacute]licopt[egrave]res Guimbal: Amendment 39-22627; 
Docket No. FAA-2023-2239; Project Identifier MCAI-2023-01201-R.

(a) Effective Date

    The FAA issued Emergency Airworthiness Directive (AD) 2023-24-51 
on November 21, 2023, directly to affected owners and operators. As 
a result of such actual notice, that emergency AD was effective for 
those owners and operators on the date it was provided. This AD 
contains the same requirements as that emergency AD and, for those 
who did not receive actual notice, is effective on December 28, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to H[eacute]licopt[egrave]res Guimbal Model 
Cabri G2 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6710, Main Rotor 
Control.

(e) Unsafe Condition

    This AD was prompted by reports of a crack in the pilot cyclic 
stick base. The FAA is issuing this AD to detect a cracked pilot or 
co-pilot cyclic stick base. The unsafe condition, if not addressed, 
could result in failure of the pilot or co-pilot cyclic stick base 
and subsequent loss of 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, European Union Aviation

[[Page 86263]]

Safety Agency (EASA) Emergency AD 2023-0204-E, dated November 20, 
2023 (EASA AD 2023-0204-E).

(h) Exceptions to EASA AD 2023-0204-E

    (1) Where EASA AD 2023-0204-E defines ``the SB,'' this AD 
requires using Guimbal Mandatory Service Bulletin SB 23-006, 
Revision B, dated November 14, 2023.
    (2) Where EASA AD 2023-0204-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where EASA AD 2023-0204-E requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (4) Where Table 1 in EASA AD 2023-0204-E states, ``Compliance 
Time after the Effetive Date,'' for this AD, replace that text with, 
``Compliance Time after the Effective Date.''
    (5) Where Note (1) of EASA AD 2023-0204-E states, ``For the 
initial inspection, a single ferry flight without passengers is 
allowed to a maintenance location, where the actions required by 
this AD can be accomplished,'' for this AD, replace that text with, 
``For the initial inspection, a single special flight permit may be 
issued in accordance with 14 CFR 21.197 and 21.199 to a maintenance 
location where the actions required by this AD can be accomplished, 
provided there are no passengers onboard.''
    (6) Where the service information referenced in EASA AD 2023-
0204-E states performing a dye-penetrant inspection, this AD does 
not require that action.
    (7) Instead of complying with paragraphs (2) and (3) of EASA AD 
2023-0204-E and paragraph d) of the service information referenced 
in EASA AD 2023-0204-E, for this AD, comply with the following: ``As 
a result of an inspection required by paragraph (1) of EASA AD 2023-
0204-E, if there is a crack, before further flight, remove the 
affected part, as defined in EASA AD 2023-0204-E, from service and 
replace it with a serviceable part, as defined in EASA AD 2023-0204-
E, in accordance with a method approved by the Manager, 
International Validation Branch, FAA; or EASA; or 
H[eacute]licopt[egrave]res Guimbal EASA Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.''
    (8) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0204-E.

(i) 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 (j) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#427b6f0314116f030b106f7571726f030f0d01022423236c252d34"><span class="__cf_email__" data-cfemail="4a73670b1c19670b0318677d797a670b0705090a2c2b2b642d253c">[email protected]</span></a>.
    (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.

(j) Additional Information

    For more information about this AD, contact Dan McCully, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone (404) 474-5548; email 
<a href="/cdn-cgi/l/email-protection#84f3ede8e8ede5e9aae9e7e7f1e8e8fdc4e2e5e5aae3ebf2"><span class="__cf_email__" data-cfemail="fe89979292979f93d0939d9d8b929287be989f9fd0999188">[email protected]</span></a>.

(k) 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 
2023-0204-E, dated November 20, 2023.
    (ii) Guimbal Mandatory Service Bulletin SB 23-006, Revision B, 
dated November 14, 2023.
    (3) For EASA AD 2023-0174-E, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#4c0d083f0c292d3f2d6229393e233c2d622939"><span class="__cf_email__" data-cfemail="edaca99ead888c9e8cc388989f829d8cc38898">[email protected]</span></a>; internet easa.europa.eu. You may find the EASA 
material on the EASA website at ad.easa.europa.eu.
    (4) For Guimbal service information identified in this AD, 
contact contact H[eacute]licopt[egrave]res Guimbal, 1070, rue du 
Lieutenant Parayre, A[eacute]rodrome d'Aix-en-Provence, 13290 Les 
Milles, France; phone 33-04-42-39-10-88; email <a href="/cdn-cgi/l/email-protection#41323431312e3335017d2061293324277c" http: guimbal.com">guimbal.com</a>">support@guimbal.com</a>; 
or at guimbal.com.
    (5) 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.
    (6) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations or email 
<a href="/cdn-cgi/l/email-protection#ea8c98c48384999a8f899e838584aa848b988bc48d859c"><span class="__cf_email__" data-cfemail="7e180c5017100d0e1b1d0a1711103e101f0c1f50191108">[email protected]</span></a>.

    Issued on December 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-27429 Filed 12-11-23; 11:15 am]
BILLING CODE 4910-13-P


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