Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 7305 

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) 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) Related Information 

For more information about this AD, 

contact Dan McCully, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone (781) 238– 

7244; email william.mccully@faa.gov. 

(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) AD 2023–0095, dated May 8, 2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0095, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

easa.europa.eu. You may find the EASA 

material on the EASA website at 

ad.easa.europa.eu. 

(4) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy., 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on January 26, 2024. 

Michael Linegang, 

Acting Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–01989 Filed 2–1–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–0038; Project 

Identifier MCAI–2023–00645–R] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

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 Model SA–365N, 

SA–365N1, AS–365N2, and AS 365 N3 

helicopters. This proposed AD was 

prompted by a report of an obstructed 

tail rotor (TR) pedal control that was 

blocked during flight. This proposed AD 

would require a one-time inspection for 

proper positioning of the TR actuator 

harness and cable ties installation and, 

depending on the results, accomplishing 

corrective action, as specified in a 

European Union Aviation Safety Agency 

(EASA) AD, which is proposed for 

incorporation by reference. The FAA is 

proposing this AD to address the unsafe 

condition on these products. 

DATES: The FAA must receive comments 

on this NPRM by March 18, 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. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2024–0038; 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 EASA AD, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference 

• For EASA material identified in this 

NPRM, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; internet 

easa.europa.eu. You may find the EASA 

material on the EASA website at 

ad.easa.europa.eu. 

• 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. The EASA 

material is also available at 

regulations.gov under Docket No. FAA– 

2024–0038. 

Other Related Service Information: 

For Airbus Helicopters service 

information identified in this NPRM, 

contact Airbus Helicopters, 2701 North 

Forum Drive, Grand Prairie, TX 75052; 

phone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at 

airbus.com/en/products-services/ 

helicopters/hcare-services/airbusworld. 

You may also view this service 

information at the FAA contact 

information under Material 

Incorporated by Reference above. 

FOR FURTHER INFORMATION CONTACT: Dan 

McCully, Program Manager, 

International Validation Branch, FAA, 

1600 Stewart Ave., Suite 410, Westbury, 

NY 11590; phone: (404) 474–5548; 

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–2024–0038; Project Identifier 

MCAI–2023–00645–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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
7306 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 

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, Program 

Manager, International Validation 

Branch, FAA, 1600 Stewart Ave., Suite 

410, Westbury, NY 11590; phone: (404) 

474–5548; email: william.mccully@

faa.gov. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2023–0090, 

dated May 4, 2023 (EASA AD 2023– 

0090), to correct an unsafe condition on 

Airbus Helicopters Model SA 365 N, SA 

365 N1, AS 365 N2, and AS 365 N3 

helicopters. EASA advises of a report 

where a TR pedal control was blocked 

during flight. Subsequent investigation 

found interference between the cable tie 

head of the TR actuator harness and the 

pin fastener of the tail gearbox cowling. 

To address this unsafe condition, the 

manufacturer issued service information 

to provide instructions for inspecting 

the positioning of the cable ties on the 

yaw harness. 

The FAA is proposing this AD to 

detect and address interference of the 

TR pedal control. This unsafe condition, 

if not addressed could result in loss of 

yaw control of the helicopter. See EASA 

AD 2023–0090 for additional 

background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2023–0090 requires 

visually inspecting the position of the 

cable tie heads of the harness and 

corrective actions (replacing the cable 

ties) if necessary. 

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 No. 

AS365–22.00.17, Revision 1, dated June 

27, 2023. This service information 

specifies procedures for accomplishing 

a one-time check of the position of the 

two cable tie heads in relation to the 

dzus prisoner of the right fairing of the 

tail gearbox, and replacing the cable ties 

if necessary. 

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 these 

same type designs. 

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 2023–0090 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2023–0090 

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 2023–0090 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 2023–0090. 

Service information referenced in EASA 

AD 2023–0090 for compliance will be 

available at www.regulations.gov by 

searching for and locating Docket No. 

FAA–2024–0038 after the FAA final 

rule is published. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2023–0090, 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 EASA 

AD 2023–0090.’’ 

Differences Between This Proposed AD 

and EASA AD 2023–0090 

EASA AD 2023–0090 requires 

accomplishing the inspection within 

165 flight hours, whereas this proposed 

AD would require accomplishing the 

inspection within 100 hours time-inservice. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 29 

helicopters of U.S. registry. Labor costs 

are estimated at $85 per work-hour. 

Based on these numbers, the FAA 

estimates the following costs to comply 

with this proposed AD. 

Visually inspecting the position of the 

cable ties on the yaw harness and 

interpreting the results would take 

about 1 work-hour for an estimated cost 

of $85 per helicopter and $2,465 for the 

U.S. fleet. 

The FAA estimates the following 

costs to do any necessary repairs that 

would be required based on the results 

of the proposed inspection. The agency 

has no way of determining the number 

of helicopters that might need this 

repair. 

If required, removing and replacing a 

cable tie would take about 0.5 workhour and parts would cost up to about 

$10 for an estimated cost of $53 per 

cable tie replacement. 

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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 7307 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Airbus Helicopters: Docket No. FAA–2024– 

0038; Project Identifier MCAI–2023– 

00645–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by March 18, 

2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Airbus Helicopters 

Model SA–365N, SA–365N1, AS–365N2, and 

AS 365 N3 helicopters, certificated in any 

category. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 6720, Tail Rotor Control System. 

(e) Unsafe Condition 

This AD was prompted by a report of an 

obstructed tail rotor (TR) pedal control that 

was blocked during flight. The FAA is 

issuing this AD to detect and address 

interference of the tail rotor pedal control. 

The unsafe condition, if not addressed, could 

result in 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, European Union 

Aviation Safety Agency (EASA) AD 2023– 

0090, dated May 4, 2023 (EASA AD 2023– 

0090). 

(h) Exceptions to EASA AD 2023–0090 

(1) Where paragraph (1) of EASA AD 2023– 

0090 requires compliance within 165 flight 

hours, this AD requires accomplishing 

paragraph (1) of EASA AD 2023–0090 within 

100 hours time-in-service. 

(2) Where EASA AD 2023–0090 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(3) Where the service information 

referenced in EASA AD 2023–0090 specifies 

discarding parts, this AD requires removing 

those parts from service. 

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

section of EASA AD 2023–0090. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2023–0090 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, Program Manager, 

International Validation Branch, FAA, 1600 

Stewart Ave., Suite 410, Westbury, NY 

11590; phone: (404) 474–5548; email: 

william.mccully@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0090, dated May 4, 2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0090 identified in 

this AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone 

+49 221 8999 000; email ADs@

easa.europa.eu; internet easa.europa.eu. You 

may find the EASA material on the EASA 

website at ad.easa.europa.eu. 

(4) You may view this service information 

at the FAA Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy., 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on January 24, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–01754 Filed 2–1–24; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 146 

RIN 3038–AF22 

Privacy Act Regulations 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commodity Futures 

Trading Commission (CFTC or 

Commission) proposes to update its 

regulations regarding exemptions for 

certain systems of records from one or 

more provisions of the Privacy Act of 

1974 (Privacy Act). The Commission 

proposes to revise these regulations to 

specifically identify the systems of 

records currently included in the 

regulation that the Commission is 

exempting, additional systems of 

records that the Commission intends to 

exempt, and the sections of the Privacy 

Act from which the Commission is 

exempting each system of records, and 

the reasons therefor, in order to better 

conform to the requirements of the 

Privacy Act and the guidance contained 

in Office of Management and Budget 

(OMB) Circular A–108, Federal Agency 

Responsibilities for Review, Reporting, 

and Publication Under the Privacy Act 

(OMB A–108). The Commission also 

proposes to reorganize the regulations 

for ease of reference. 


khammond on DSKJM1Z7X2PROD with PROPOSALS