# [Amended]
**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. 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.
**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
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: *[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.