Airworthiness Directives; Airbus Helicopters, 7305-7307 [2024-01754]
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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules
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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
[FR Doc. 2024–01989 Filed 2–1–24; 8:45 am]
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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
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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,
SUMMARY:
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
7305
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.
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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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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.
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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
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
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.
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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules
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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
(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
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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.
PO 00000
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Fmt 4702
Sfmt 4702
7307
(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
Commodity Futures Trading
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
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.
SUMMARY:
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Agencies
[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]
-----------------------------------------------------------------------
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,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email [email protected]; 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:
[email protected].
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: [email protected]. 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: [email protected].
(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:
[email protected].
(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 [email protected]; 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 [email protected].
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]
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