[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Rules and Regulations]
[Pages 51401-51403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13348]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0038; Project Identifier MCAI-2023-00645-R; 
Amendment 39-22756; AD 2024-10-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Helicopters Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 
helicopters. This AD was prompted by a report of an obstructed tail 
rotor (TR) pedal control that was blocked during flight. This AD 
requires 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 incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective July 23, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 23, 
2024.

ADDRESSES: 
    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 final rule, the EASA AD, any comments received, 
and other information. The address for Docket Operations is U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
    Material Incorporated by Reference:
     For EASA material that is incorporated by reference in 
this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +49 221 8999 000; email: [email protected]. You may find this 
material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, 
Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call (817) 222-5110. It is also available at 
regulations.gov under Docket No. FAA-2024-0038.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer, 
FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (404) 
474-5548; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus Helicopters 
Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters. The NPRM 
published in the Federal Register on February 2, 2024 (89 FR 7305). The 
NPRM was prompted by EASA AD 2023-0090, dated May 4, 2023 (EASA AD 
2023-0090), issued by EASA, which is the Technical Agent for the Member 
States of the European Union. The EASA AD 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

[[Page 51402]]

manufacturer issued service information to provide instructions for 
inspecting the positioning of the cable ties on the yaw harness.
    In the NPRM, the FAA proposed to 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 EASA AD 2023-0090. The FAA is issuing this AD 
to address the unsafe condition on these products.
    You may examine the EASA AD in the AD docket at regulations.gov 
under Docket No. FAA-2024-0038.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the EASA AD referenced above. The FAA reviewed the relevant data and 
determined that air safety requires adopting this AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products. This AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0090 which 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 ADDRESSES.

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.

Differences Between This AD and the EASA AD

    EASA AD 2023-0090 requires accomplishing the inspection within 165 
flight hours, whereas this AD requires accomplishing the inspection 
within 100 hours time-in-service.

Costs of Compliance

    The FAA estimates that this AD affects 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 AD.
    Visually inspecting the position of the cable ties on the yaw 
harness and interpreting the results takes 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 required 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 takes about 0.5 
work-hour and parts 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.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

2024-10-10 Airbus Helicopters: Amendment 39-22756; Docket No. FAA-
2024-0038; Project Identifier MCAI-2023-00645-R.

(a) Effective Date

    This airworthiness directive (AD) is effective July 23, 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

[[Page 51403]]

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, 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 May 15, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-13348 Filed 6-17-24; 8:45 am]
BILLING CODE 4910-13-P