Proposed Rule2024-01754
Airworthiness Directives; Airbus Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 2, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 23 (Friday, February 2, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://regulations.gov">regulations.gov</a>. 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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://airbus.com/en/products-services/helicopters/hcare-services/airbusworld">airbus.com/en/products-services/helicopters/hcare-services/airbusworld</a>. 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
<a href="http://regulations.gov">regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> 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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