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; Helicopteres Guimbal
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-24-51
which applied to all Helicopteres 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 ADs@easa.europa.eu; 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 Helicopteres Guimbal, 1070, rue du
Lieutenant Parayre, A[eacute]rodrome d'Aix-en-Provence, 13290 Les
Milles, France; phone 33-04-42-39-10-88; email support@guimbal.com; 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 matthew.bryant@faa.gov.

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 matthew.bryant@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

On November 21, 2023, the FAA issued Emergency AD 2023-24-51 to
address an unsafe condition on all Helicopteres 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
Helicopteres 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 [Helicopteres 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 [Helicopteres 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 [Helicopteres 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
[Helicopteres Guimbal] or removing the dual controls and
contacting HG [Helicopteres 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 Helicopteres 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.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 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: