[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Rules and Regulations]
[Pages 76280-76282]
[FR Doc No: 2010-30742]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0747]
RIN 1625-AA11

Regulated Navigation Area; Thea Foss and Wheeler-Osgood Waterways
EPA Superfund Cleanup Site, Commencement Bay, Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent regulated
navigation area (RNA) on portions of the Thea Foss and Wheeler-Osgood
Waterways in Commencement Bay, Tacoma, Washington. The RNA will protect
the seabed in portions of those waterways that are subject to the U.S.
Environmental Protection Agency's (EPA's) Commencement Bay Nearshore/
Tideflats superfund cleanup remediation efforts. This RNA will prohibit
activities that would disturb the seabed, such as anchoring, dragging,
trawling, spudding or other activities that involve disrupting the
integrity of the cap. It would not affect transit or navigation of the
area.

DATES: This rule is effective January 7, 2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0747 and are available online by going to
http://www.regulations.gov, inserting USCG-2008-0747 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail LTJG Ashley Wanzer, Waterways Management, Sector Puget
Sound, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 2, 2010, we published a supplemental notice of proposed
rulemaking (SNPRM) entitled Regulated Navigation Area; Thea Foss and
Wheeler-Osgood Waterways EPA Superfund Cleanup Site, Commencement Bay,
Tacoma, WA in the Federal Register (75 FR 105). We received no comments
on the proposed rule. We did not receive any comments requesting a
public meeting and we did not hold a public meeting.

Basis and Purpose

    The basis for this rulemaking is the Coast Guard's authority, as
delegated by the Secretary of Homeland Security, to establish RNAs
under 33 U.S.C. 1226, 1231; 46 U.S.C. 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat.
2064; DHS Delegation No. 0170.1. The purpose of this RNA is to preserve
the integrity of the clean sediment caps placed over certain areas of
the Thea Foss and Wheeler-Osgood Waterways as part of the EPA's
Commencement Bay Nearshore/Tideflats superfund cleanup remediation
process in those waters. These caps consist of approximately three feet
of sand and gravel, designed to withstand activities common to a
working waterfront, covering approximately 30 acres of sediment in the
waterway.
    This RNA would prohibit activities that could disturb the seabed or
the sediment caps, such as anchoring, dragging, trawling, or spudding.
It would not affect transit or navigation of the area.

Background

    On August 20, 2008, we published a notice of proposed rulemaking
(NPRM; 73 FR 162) to establish a regulated navigation area on a portion
of the Thea Foss and Wheeler-Osgood Waterways, Commencement Bay,
Tacoma, WA. On June 2, 2010, we published an SNPRM which revised the
coordinates for this regulated navigation area and incorporated
revisions for waiver requests per public comment on the initial notice
of proposed rulemaking.

Discussion of Comments and Changes

    We received no comments on the NPRM or SNPRM.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This rule is not a significant regulatory action because this RNA
encompasses a small area and does not impact commercial or recreational
traffic, and prohibited activities are not routine for the designated
areas.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to anchor,
dredge, spud, lay cable or disturb the seabed in any fashion in any of
the areas outlined by this regulation. The RNA would not have a
significant economic impact on small entities due to its minimal
restrictive area and ample opportunities for avoiding this region.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g.),
of the Instruction. This rule involves a regulated navigation area
which prevents activities which would disturb the seabed within the
areas outlined in this regulation. An environmental analysis checklist
and a categorical exclusion determination are available in the docket
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.1329 to read as follows:

Sec.  165.1329  Regulated Navigation Area; Thea Foss and Wheeler-Osgood
Waterways EPA Superfund Cleanup Site, Commencement Bay, Tacoma, WA.

    (a) Regulated Areas. The following areas are regulated navigation
areas:
    (1) All waters of the Thea Foss Waterway bounded by a line
connecting the following points: Point 1: 47[deg]15'43.49'' N,
122[deg]26'23.29'' W; Point 2: 47[deg]15'44.59'' N, 122[deg]26'19.89''
W; Point 3: 47[deg]15'39.01'' N, 122[deg]26'15.99'' W; Point 4:
47[deg]15'37.91'' N, 122[deg]26'19.39'' W. [Datum: NAD 1983].
    (2) All waters of the Thea Foss Waterway bounded by a line
connecting the following points: Point 1: 47[deg]15'22.74'' N,
122[deg]25'57.15'' W; Point 2: 47[deg]15'22.52'' N, 122[deg]26'0.18''
W; Point 3: 47[deg]15'18.05'' N, 122[deg]25'59.48'' W; Point 4:
47[deg]15'18.26'' N, 122[deg]25'56.45'' W. [Datum: NAD 1983].

    (3) All waters of the Thea Foss and Wheeler-Osgood Waterways south
of a line bounded by connecting the following points: Point 1:
47[deg]15'13.94'' N, 122[deg]26'05.56'' W; Point 2: 47[deg]15'15.01''
N, 122[deg]25'55.14'' W. [Datum: NAD 1983].
    (b) Regulations. (1) All vessels and persons are prohibited from
activities that would disturb the seabed, such as anchoring, dragging,
trawling, spudding, or other activities that involve disrupting the
integrity of the sediment caps installed in the designated regulated
navigation area, pursuant to the remediation efforts of the U.S.
Environmental Protection Agency (EPA) and others in the Thea Foss and
Wheeler-Osgood Waterways EPA superfund cleanup site. Vessels may
otherwise transit or navigate within this area without reservation.
    (2) The prohibition described in paragraph (b)(1) of this section
does not apply to vessels or persons engaged in activities associated
with remediation efforts in the Thea Foss or Wheeler-Osgood Waterways
superfund sites, provided that the Captain of the Port, Puget Sound
(COTP), is given advance notice of those activities by the EPA.
    (c) Waiver. Upon written request stating the need and proposed
conditions of the waiver, and any proposed precautionary measures, the
COTP may authorize a waiver from this section if the COTP determines
that the activity for which the waiver is sought can take place without
undue risk to the remediation efforts described in paragraph (b)(1) of
this section. The COTP will consult with EPA in making this
determination when necessary and practicable.

    Dated: October 11, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard
District.
[FR Doc. 2010-30742 Filed 12-7-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Rules and Regulations]
[Pages 86260-86263]
[FR Doc No: 2023-27429]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2239; Project Identifier MCAI-2023-01201-R;
Amendment 39-22627; AD 2023-24-51]
RIN 2120-AA64

Airworthiness Directives; H[eacute]licopt[egrave]res Guimbal
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
H[eacute]licopt[egrave]res Guimbal Model Cabri G2 helicopters. This AD
was prompted by reports of a crack in the pilot cyclic stick base. This
AD requires repetitively inspecting certain part-numbered pilot and co-
pilot cyclic stick bases and, depending on the results, corrective
action. This AD also prohibits installing those pilot and co-pilot
cyclic stick bases unless certain requirements are met. 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 December 28, 2023. Emergency AD 2023-24-51,
issued on November 21, 2023, 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 December 28,
2023.
    The FAA must receive comments on this AD by January 29, 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:<PHONE_NUMBER>.
     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-2023-2239; 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 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 H[eacute]licopt[egrave]res 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<EMAIL_ADDRESS>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<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2023-2239.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (404)
474-5548; 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 ``Docket No. FAA-2023-2239; Project Identifier MCAI-
2023-01201-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 Dan
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA issued Emergency AD 2023-24-51, dated November 21, 2023
(the emergency AD), to address an unsafe condition on all
H[eacute]licopt[egrave]res Guimbal Model Cabri G2 helicopters. The FAA
sent the emergency AD to all known U.S. owners and operators of these
helicopters. The emergency AD requires 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
H[eacute]licopt[egrave]res Guimbal EASA Design Organization Approval
(DOA). The emergency AD also prohibits installing an affected pilot or
co-pilot cyclic stick base unless it is new (zero total hours time-in-
service) or it has passed its required inspection.
    The emergency AD was prompted by EASA Emergency AD 2023-0204-E,
dated November 20, 2023 (EASA AD 2023-0204-E), issued by EASA, which is
the Technical Agent for the Member States of the European Union, to
correct an unsafe condition on H[eacute]licopt[egrave]res Guimbal Model
Cabri G2 helicopters. EASA AD 2023-0204-E states that further
investigation determined that the root cause of the cracks is fatigue,
primarily related to induced loads on the cyclic stick during pre-
flight (free play) checks. Accordingly, EASA AD 2023-0204-E requires
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 prohibits installing those pilot and co-pilot cyclic
stick bases unless its requirements are met.
    You may examine EASA AD 2023-0204-E in the AD docket at
regulations.gov under Docket No. FAA-2023-2239.
    The FAA is issuing this AD to detect a cracked pilot or co-pilot
cyclic stick base. This 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.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0204-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.
Depending on the results, EASA AD 2023-0204-E requires contacting HG
[H[eacute]licopt[egrave]res Guimbal] for approved instructions to
replace a cracked cyclic stick base and accomplishing those
instructions accordingly. EASA AD 2023-0204-E also allows removing the
dual control (co-pilot cyclic stick) instead of replacing a cracked co-
pilot cyclic stick base. Lastly, EASA AD 2023-0204-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 B, dated November 14, 2023 (SB 23-006B), which specifies
procedures for an initial and repetitive inspections of both the pilot
and copilot cyclic bases for cracks. SB 23-006B 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-
006B specifies grounding the helicopter and contacting HG
[H[eacute]licopt[egrave]res Guimbal]; if there is a crack on the
copilot's side, SB 23-006B specifies removing the dual controls and
contacting HG.
    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.

FAA's Determination

    These helicopters have been approved by the aviation authority of
the European Union and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the European Union,
EASA, its technical representative, has notified the FAA of the unsafe
condition described in its emergency AD. The FAA is issuing this AD
after evaluating all pertinent information and determining that the
unsafe condition exists and is likely to exist or develop on other
helicopters of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2023-0204-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 2023-0204-E is incorporated by reference in this FAA final
rule. This AD, therefore, requires compliance with EASA AD 2023-0204-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 2023-0204-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 2023-0204-E. Service information
referenced in EASA AD 2023-0204-E for compliance will be available at
regulations.gov under Docket No. FAA-2023-2239 after this final rule is
published.

Differences Between This AD and the EASA Emergency AD

    The service information referenced in EASA AD 2023-0204-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 2023-0204-E requires
contacting HG [H[eacute]licopt[egrave]res Guimbal] for approved
instructions to replace it with a serviceable part and accomplishing
those instructions accordingly and the service information referenced
in EASA AD 2023-0204-E specifies contacting HG
[H[eacute]licopt[egrave]res Guimbal] or removing the dual controls and
contacting HG [H[eacute]licopt[egrave]res 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 H[eacute]licopt[egrave]res Guimbal
EASA DOA.

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 2023-24-51, issued on November 21, 2023, 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 49 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, 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

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:

2023-24-51 H[eacute]licopt[egrave]res Guimbal: Amendment 39-22627;
Docket No. FAA-2023-2239; Project Identifier MCAI-2023-01201-R.

(a) Effective Date

    The FAA issued Emergency Airworthiness Directive (AD) 2023-24-51
on November 21, 2023, 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 December 28,
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to H[eacute]licopt[egrave]res 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 2023-0204-E, dated November 20,
2023 (EASA AD 2023-0204-E).

(h) Exceptions to EASA AD 2023-0204-E

    (1) Where EASA AD 2023-0204-E defines ``the SB,'' this AD
requires using Guimbal Mandatory Service Bulletin SB 23-006,
Revision B, dated November 14, 2023.
    (2) Where EASA AD 2023-0204-E refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where EASA AD 2023-0204-E requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
    (4) Where Table 1 in EASA AD 2023-0204-E states, ``Compliance
Time after the Effetive Date,'' for this AD, replace that text with,
``Compliance Time after the Effective Date.''
    (5) Where Note (1) of EASA AD 2023-0204-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 2023-
0204-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
2023-0204-E and paragraph d) of the service information referenced
in EASA AD 2023-0204-E, for this AD, comply with the following: ``As
a result of an inspection required by paragraph (1) of EASA AD 2023-
0204-E, if there is a crack, before further flight, remove the
affected part, as defined in EASA AD 2023-0204-E, from service and
replace it with a serviceable part, as defined in EASA AD 2023-0204-
E, in accordance with a method approved by the Manager,
International Validation Branch, FAA; or EASA; or
H[eacute]licopt[egrave]res 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
2023-0204-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. 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.

(j) Additional Information

    For more information about this AD, contact Dan McCully,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone<PHONE_NUMBER>; email
[email protected].

(k) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) Emergency AD
2023-0204-E, dated November 20, 2023.
    (ii) Guimbal Mandatory Service Bulletin SB 23-006, Revision B,
dated November 14, 2023.
    (3) For EASA AD 2023-0174-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 contact H[eacute]licopt[egrave]res 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<EMAIL_ADDRESS>
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<PHONE_NUMBER>.
    (6) You may view this material that is incorporated by reference
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 December 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-27429 Filed 12-11-23; 11:15 am]
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