[Federal Register, Volume 89 Number 25 (Tuesday, February 6, 2024)]

[Rules and Regulations]

[Pages 8066-8069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02460]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA–2024–0037; Project Identifier MCAI–2024–00027–R; Amendment

39–22664; AD 2024–01–52]

RIN 2120–AA64

Airworthiness Directives; Hélicoptères Guimbal Helicopters

AGENCY:
Federal Aviation Administration (FAA), DOT.

ACTION:
Final rule; request for comments.

SUMMARY:
The FAA is superseding Airworthiness Directive (AD) 2023–24–51 which applied to all Hélicoptères
Guimbal Model Cabri G2 helicopters. AD 2023–24–51 was prompted by reports of a crack in the pilot
cyclic stick base and required repetitively inspecting certain part-numbered pilot and co-pilot cyclic
stick bases and, depending on the results, corrective action. AD 2023–24–51 also prohibited installing
those pilot and co-pilot cyclic stick bases unless certain requirements were met. Since the FAA issued
AD 2023–24–51, more cracks in the cyclic stick bases have been reported, including a crack in a cyclic
stick base that had accumulated only 700 hours time-in-service (TIS). This AD requires the same
actions as AD 2023–24–51 but reduces the compliance time for performing the initial inspection.
These actions are specified in a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. The FAA previously sent this AD as an emergency AD to all known U.S.
owners and operators of these helicopters. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES:
This AD is effective February 21, 2024. Emergency AD 2024–01–52, issued on January 9, 2024, which
contained the requirements of this amendment, was effective with actual notice.
The Director of the Federal Register approved the incorporation by reference of certain publications
listed in this AD as of February 21, 2024.

The FAA must receive comments on this AD by March 22, 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–2024–0037;
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, 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 final rule, 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.

• For Guimbal service information identified in this final rule, contact Hélicoptères Guimbal, 1070, rue
du Lieutenant Parayre, Aérodrome d'Aix-en-Provence, 13290 Les Milles, France; phone 33–04–42–
39–10–88; email [email protected]; or at guimbal.com.

• 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–2024–0037.

FOR FURTHER INFORMATION CONTACT:

Matthew Bryant, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; phone (303) 342–1092; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited
The FAA invites you to send any written data, views, or arguments about this final rule. Send your
comments to an address listed under ADDRESSES . Include the Docket No. FAA–2024–0037;
Project Identifier MCAI–2024–00027–R at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions
containing CBI should be sent to Matthew Bryant, Aviation Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; phone (303) 342–1092; 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
On November 21, 2023, the FAA issued Emergency AD 2023–24–51 to address an unsafe condition on
all Hélicoptères Guimbal Model Cabri G2 helicopters. Emergency AD 2023–24–51 published in the
Federal Register as a Final rule; request for comments on December 13, 2023 (Amendment 39–
22627, 88 FR 86260) (AD 2023–24–51). AD 2023–24–51 was issued after EASA, which is the
Technical Agent for the Member States of the European Union, issued EASA Emergency AD 2023–
0204–E, dated November 20, 2023 (EASA AD 2023–0204–E) and was prompted by reports of a crack
in the pilot cyclic stick base. EASA AD 2023–0204–E stated that investigation determined that the
root cause of the cracks was fatigue, primarily related to induced loads on the cyclic stick during pre-
flight (free play) checks. Accordingly, EASA AD 2023–0204–E required repetitively inspecting certain
part-numbered pilot and co-pilot cyclic stick bases and, depending on the results, corrective action.
EASA AD 2023–0204–E also prohibited installing those pilot and co-pilot cyclic stick bases unless its
requirements were met.

AD 2023–24–51 required repetitively inspecting certain part-numbered pilot and co-pilot cyclic stick
bases for a crack and, depending on the results, removing the cracked cyclic stick base from service
and replacing it with a serviceable cyclic stick base in accordance with a method approved by the FAA,
EASA, or Hélicoptères Guimbal EASA Design Organization Approval (DOA). AD 2023–24–51 also
prohibited installing an affected pilot or co-pilot cyclic stick base unless it was new (zero total hours
TIS) or it passed its required inspection. The FAA issued AD 2023–24–51 to detect a cracked pilot or
co-pilot cyclic stick base. The unsafe condition, if not addressed, could result in failure of the pilot or
co-pilot cyclic stick base and subsequent loss of control of the helicopter.

Actions Since AD 2023–24–51 Was Issued

Since the FAA issued AD 2023–24–51, more cracks in the cyclic stick base have been reported,
including a crack in a cyclic stick base that had accumulated only 700 hours TIS; therefore, EASA
issued EASA Emergency AD 2024–0007–E, dated January 8, 2024 (EASA AD 2024–0007–E), to
supersede EASA AD 2023–0204–E. EASA AD 2024–0007–E states that a revision of the service
bulletin related to the unsafe condition lowers the threshold for the initial inspection of the pilot and
co-pilot cyclic stick bases. Accordingly, EASA AD 2024–0007–E continues to require repetitively
inspecting certain part-numbered pilot and co-pilot cyclic stick bases and, depending on the results,
corrective action, but requires the initial inspection at a lower threshold. EASA AD 2024–0007–E also
prohibits installing those pilot and co-pilot cyclic stick bases unless its requirements are met. You may
examine EASA AD 2024–0007–E in the AD docket at regulations.gov under Docket No. FAA–2024–
0037.

Subsequently, on January 9, 2024, the FAA issued Emergency AD 2024–01–52 (Emergency AD

2024–01–52) and sent it to all known U.S. owners and operators of these helicopters. Emergency AD
2024–01–52 supersedes AD 2023–24–51 and continues to require inspecting certain part-numbered
pilot and co-pilot cyclic stick bases and, depending on the results, corrective action, but reduces the
threshold for the initial inspection from 1,500 hours TIS accumulated on the affected part to 205 hours
TIS. Emergency AD 2024–01–52 also continues to prohibit installing those pilot and co-pilot cyclic
stick bases unless certain requirements are met.

FAA's Determination
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 its emergency AD and service
information described below. The FAA is issuing this AD after determining that the unsafe condition
described previously is likely to exist or develop on other products of the same type designs.

Related Service Information Under 1 CFR Part 51

The FAA reviewed EASA AD 2024–0007–E, which requires repetitively inspecting pilot cyclic stick
base part number (P/N) G41–42–801 and co-pilot cyclic stick base P/Ns G41–43–801 and G41–43–
802 for a crack. EASA AD 2024–0007–E reduces the initial inspection from 1,500 FH [flight hours]
accumulated on the affected part to 205 FH [flight hours] and retains the 60–FH [flight hour]
repetitive inspections. Depending on the inspection results, EASA AD 2024–0007–E requires
contacting HG [Hélicoptères Guimbal] for approved instructions to replace a cracked cyclic stick base
and accomplishing those instructions accordingly. EASA AD 2024–0007–E also allows removing the
dual control (co-pilot cyclic stick) instead of replacing a cracked co-pilot cyclic stick base. Finally,
EASA AD 2024–0007–E prohibits installing a specified pilot or co-pilot cyclic stick base unless it is a
new (never installed before) part or, before installation, has passed its required inspection.

The FAA also reviewed Guimbal Mandatory Service Bulletin SB 23–006, Revision D, dated January 5,
2024 (SB 23–006D), which specifies performing an initial 205-hour TIS inspection (reduced from a
prior initial inspection of 1,500 hours TIS) followed by repetitive inspections of both the pilot and
copilot cyclic bases for cracks. SB 23–006D specifies doing the inspection using a flashlight and in case
of doubt, performing a dye-penetrant inspection. If there is a crack on the pilot's side, SB 23–006D
specifies grounding the helicopter and contacting HG [Hélicoptères Guimbal]; if there is a crack on the
copilot's side, SB 23–006D specifies removing the dual controls and contacting HG.

This service information 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.

AD Requirements
This AD requires accomplishing the actions specified in EASA AD 2024–0007–E, described
previously, as incorporated by reference, except for any differences identified as exceptions in the
regulatory text of this AD and except as discussed under “Differences Between this AD and the EASA
Emergency AD.”

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, EASA AD 2024–0007–E is incorporated by reference in this
FAA final rule. This AD, therefore, requires compliance with EASA AD 2024–0007–E in its entirety
through that incorporation, except for any differences identified as exceptions in the regulatory text of
this AD. Using common terms that are the same as the heading of a particular section in EASA AD
2024–0007–E 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 2024–0007–E. Service information referenced in EASA AD 2024–0007–E for compliance will be
available at regulations.gov under Docket No. FAA–2024–0037 after this final rule is published.

Differences Between This AD and the EASA Emergency AD

The service information referenced in EASA AD 2024–0007–E specifies performing a dye-penetrant
inspection in case of a doubt regarding if there is a crack, whereas this AD does not require that action.
If there is cracked pilot or co-pilot cyclic stick base, EASA AD 2024–0007–E requires contacting HG
[Hélicoptères Guimbal] for approved instructions to replace it with a serviceable part and
accomplishing those instructions accordingly and the service information referenced in EASA AD
2024–0007–E specifies contacting HG [Hélicoptères Guimbal] or removing the dual controls and
contacting HG [Hélicoptères Guimbal], whereas this AD requires removing the cracked cyclic stick
base from service and replacing it with a serviceable cyclic stick base in accordance with a method
approved by the FAA, EASA, or Hélicoptères Guimbal EASA DOA. Where Table 1 in EASA AD 2024–
0007–E states, “During next maintenance check without exceeding 205 FH,” this AD requires
replacing that text with, “Within 205 hours time-in-service.”

Interim Action
The FAA considers this AD to be an interim action. If final action is later identified, the FAA might
consider further rulemaking then.

Justification for Immediate Adoption and Determination of the Effective Date

Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes
agencies to dispense with notice and comment procedures for rules when the agency, for “good cause,”
finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under
this section, an agency, upon finding good cause, may issue a final rule without providing notice and
seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make
rules effective in less than thirty days, upon a finding of good cause.

An unsafe condition exists that required the immediate adoption of Emergency AD 2024–01–52,
issued on January 9, 2024, to all known U.S. owners and operators of these helicopters. The FAA
found that the risk to the flying public justified waiving notice and comment prior to adoption of this
rule because the affected component is part of an assembly that is critical to the control of a helicopter.
As the FAA also has no information pertaining to the quantity of cracked components that may
currently exist in the U.S. fleet or how quickly the condition may propagate to failure, the actions
required by this AD must be accomplished before further flight for certain helicopters. These
conditions still exist, therefore, notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).

In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this
amendment effective in less than 30 days, for the same reasons the FAA found good cause to forego
notice and comment.

Regulatory Flexibility Act

The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has
determined that it has good cause to adopt this rule without prior notice and comment, RFA analysis is
not required.

Costs of Compliance
The FAA estimates that this AD affects 50 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA estimates the following costs to comply with this
AD.

Inspecting a pilot or co-pilot cyclic stick base takes a minimal amount of time for a nominal cost. If
required, replacing a pilot cyclic stick base takes about 3 work-hours and parts cost about $1,585 for an
estimated cost of $1,840 per helicopter; and replacing a co-pilot cyclic stick base takes about 1 work-
hour and parts cost about $711 for an estimated cost of $796 per helicopter.

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, and

(2) Will not affect intrastate aviation in Alaska.

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

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:

a. Removing Airworthiness Directive 2023–24–51, Amendment 39–22627 ( 88 FR 86260,
December 13, 2023); and

b. Adding the following new airworthiness directive:

2024–01–52 Hélicoptères Guimbal: Amendment 39–22664; Docket No. FAA–2024–
 0037; Project Identifier MCAI–2024–00027–R.

(a) Effective Date

The FAA issued Emergency Airworthiness Directive (AD) 2024–01–52 on January 9, 2024, directly to
affected owners and operators. As a result of such actual notice, that emergency AD was effective for
those owners and operators on the date it was provided. This AD contains the same requirements as
that emergency AD and, for those who did not receive actual notice, is effective on February 21, 2024.

(b) Affected ADs

This AD replaces AD 2023–24–51, Amendment 39–22627 (88 FR 86260, December 13, 2023).

(c) Applicability
This AD applies to Hélicoptères Guimbal Model Cabri G2 helicopters, certificated in any category.

(d) Subject
Joint Aircraft System Component (JASC) Code: 6710, Main Rotor Control.

(e) Unsafe Condition

This AD was prompted by reports of a crack in the pilot cyclic stick base. The FAA is issuing this AD to
detect a cracked pilot or co-pilot cyclic stick base. The unsafe condition, if not addressed, could result
in failure of the pilot or co-pilot cyclic stick base and subsequent loss of control of the helicopter.

(f) Compliance
Comply with this AD within the compliance times specified, unless already done.

(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times
specified in, and in accordance with, European Union Aviation Safety Agency (EASA) Emergency AD
2024–0007–E, dated January 8, 2024 (EASA AD 2024–0007–E).

(h) Exceptions to EASA AD 2024–0007–E

(1) Where EASA AD 2024–0007–E defines “the SB,” this AD requires using Guimbal Mandatory
Service Bulletin SB 23–006, Revision D, dated January 5, 2024.

(2) Where EASA AD 2024–0007–E refers to its effective date, this AD requires using the effective date
of this AD.

(3) Where EASA AD 2024–0007–E requires compliance in terms of flight hours, this AD requires
using hours time-in-service.
(4) Where Table 1 in EASA AD 2024–0007–E states, “During next maintenance check without
exceeding 205 FH,” for this AD, replace that text with, “Within 205 hours time-in-service.”

(5) Where Note (1) of EASA AD 2024–0007–E states, “For the initial inspection, a single ferry flight
without passengers is allowed to a maintenance location, where the actions required by this AD can be
accomplished,” for this AD, replace that text with, “For the initial inspection, a single special flight
permit may be issued in accordance with 14 CFR 21.197 and 21.199 to a maintenance location where
the actions required by this AD can be accomplished, provided there are no passengers onboard.”

(6) Where the service information referenced in EASA AD 2024–0007–E states performing a dye-
penetrant inspection, this AD does not require that action.

(7) Instead of complying with paragraphs (2) and (3) of EASA AD 2024–0007–E and paragraph (d) of
the service information referenced in EASA AD 2024–0007–E, for this AD, comply with the following:
“As a result of an inspection required by paragraph (1) of EASA AD 2024–0007–E, if there is a crack,
before further flight, remove the affected part, as defined in EASA AD 2024–0007–E, from service and
replace it with a serviceable part, as defined in EASA AD 2024–0007–E, in accordance with a method
approved by the Manager, International Validation Branch, FAA; or EASA; or Hélicoptères Guimbal
EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the
DOA-authorized signature.”

(8) This AD does not adopt the “Remarks” section of EASA AD 2024–0007–E.

(i) 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 (j) of this AD or email it to: 9-AVS-AIR-730-
[email protected]. If mailing information, also submit information by email.

(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.

(j) Additional Information

For more information about this AD, contact Matthew Bryant, Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; email [email protected].

(k) Material Incorporated by Reference

(1) The Director of the Federal Register approved the incorporation by reference (IBR) 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) Emergency AD 2024–0007–E, dated January 8,
2024.

(ii) Guimbal Mandatory Service Bulletin SB 23–006, Revision D, dated January 5, 2024.

(3) For EASA Emergency AD 2024–0007–E, 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) For Guimbal service information identified in this AD, contact Hélicoptères Guimbal, 1070, rue du
Lieutenant Parayre, Aérodrome d'Aix-en-Provence, 13290 Les Milles, France; phone 33–04–42–39–
10–88; email [email protected]; or at guimbal.com.

(5) 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.

(6) 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 February 1, 2024.

Victor Wicklund,

Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.

[FR Doc. 2024–02460 Filed 2–2–24; 4:15 pm]

BILLING CODE 4910–13–P