[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Proposed Rules]
[Pages 7305-7307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01754]


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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).

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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:
    <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-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
    <bullet> For EASA material identified in this NPRM, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 
000; email <a href="/cdn-cgi/l/email-protection#c78683b487a2a6b4a6e9a2b2b5a8b7a6e9a2b2"><span class="__cf_email__" data-cfemail="f9b8bd8ab99c988a98d79c8c8b968998d79c8c">[email protected]</span></a>; internet easa.europa.eu. You may find 
the EASA material on the EASA website at ad.easa.europa.eu.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#57203e3b3b3e363a793a3434223b3b2e1731363679303821"><span class="__cf_email__" data-cfemail="c0b7a9acaca9a1adeeada3a3b5acacb980a6a1a1eea7afb6">[email protected]</span></a>.

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.

[[Page 7306]]

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: <a href="/cdn-cgi/l/email-protection#12657b7e7e7b737f3c7f7171677e7e6b527473733c757d64"><span class="__cf_email__" data-cfemail="26514f4a4a4f474b084b4545534a4a5f6640474708414950">[email protected]</span></a>. 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-in-service.

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 work-hour 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.

[[Page 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

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:

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: <a href="/cdn-cgi/l/email-protection#f3cadeb2a5a0deb2baa1dec4c0c3deb2bebcb0b3959292dd949c85"><span class="__cf_email__" data-cfemail="fbc2d6baada8d6bab2a9d6ccc8cbd6bab6b4b8bb9d9a9ad59c948d">[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.

(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: 
<a href="/cdn-cgi/l/email-protection#ee99878282878f83c0838d8d9b828297ae888f8fc0898198"><span class="__cf_email__" data-cfemail="62150b0e0e0b030f4c0f0101170e0e1b220403034c050d14">[email protected]</span></a>.

(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-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#3071744370555143511e5545425f40511e5545"><span class="__cf_email__" data-cfemail="2160655261444052400f4454534e51400f4454">[email protected]</span></a>; 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 <a href="/cdn-cgi/l/email-protection#5b3d29753235282b3e382f3234351b353a293a753c342d"><span class="__cf_email__" data-cfemail="8bedf9a5e2e5f8fbeee8ffe2e4e5cbe5eaf9eaa5ece4fd">[email protected]</span></a>.

    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


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