[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Proposed Rules]
[Pages 65535-65538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23172]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1311; Project Identifier MCAI-2022-00624-E]
RIN 2120-AA64


Airworthiness Directives; Safran Helicopter Engines, S.A. (Type 
Certificate Previously Held by Turbomeca, S.A.) Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-08-02, which applies to all Safran Helicopter Engines, S.A. 
(Safran) Arriel 2D and Arriel 2E model turboshaft engines. AD 2021-08-
02 requires replacing certain critical parts before reaching their 
published in-service life limits, performing scheduled maintenance 
tasks before reaching their published periodicity, and performing 
unscheduled maintenance tasks when the engine meets certain conditions. 
Since the FAA issued AD 2021-08-02, Safran has revised the 
airworthiness limitation section (ALS) of the existing maintenance and 
overhaul manuals, introducing new and more restrictive instructions and 
maintenance tasks. This proposed AD would require revisions to the ALS 
of the operator's existing approved aircraft maintenance program (AMP), 
as applicable, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is proposed for incorporation by reference (IBR). The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by December 
15, 2022.

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-2022-1311; 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 mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material identified in this NPRM, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]. You may find this material on the EASA 
website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 1200 District Avenue, 
Burlington, MA 01803. For information on the availability of this 
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Kevin Clark, Aviation Safety Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
(781) 238-7088; 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-2022-1311; Project Identifier 
MCAI-2022-00624-E'' 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 
the 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 we receive 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 Kevin 
Clark, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803. Any commentary that the FAA

[[Page 65536]]

receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Background

    The FAA issued AD 2021-08-02, Amendment 39-21496 (86 FR 26651, May 
17, 2021) (AD 2021-08-02), for all Safran Arriel 2D and Arriel 2E model 
turboshaft engines. AD 2021-08-02 was prompted by the manufacturer 
revising the maintenance and overhaul manuals to introduce new or more 
restrictive airworthiness limitations and maintenance tasks. AD 2021-
08-02 requires replacing certain critical parts before reaching their 
published in-service life limits, performing scheduled maintenance 
tasks before reaching their published periodicity, and performing 
unscheduled maintenance tasks when the engine meets certain conditions. 
As a terminating action, AD 2021-08-02 requires operators to revise the 
ALS of their existing approved AMP by incorporating the revised 
airworthiness limitations and maintenance tasks. The FAA issued AD 
2021-08-02 to prevent failure of the engine.

Actions Since AD 2021-08-02 Was Issued

    Since the FAA issued AD 2021-08-02, EASA, which is the Technical 
Agent for the Member States of the European Union, issued EASA AD 2022-
0083, dated May 11, 2022 (EASA AD 2022-0083), which supersedes EASA AD 
2018-0273, dated December 13, 2018 (EASA AD 2018-0273). EASA AD 2022-
0083 states that the manufacturer published a revised ALS introducing 
new and more restrictive tasks and limitations. These new or more 
restrictive airworthiness limitations and maintenance tasks include 
initial and repetitive inspections for clogging of the power turbine 
air pressurization pipe. The FAA is proposing this AD to prevent 
failure of the engine. This unsafe condition, if not addressed, could 
result in uncontained release of a critical part, damage to the engine, 
and damage to the helicopter. See EASA AD 2022-0083 for additional 
background information.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0083. EASA AD 2022-0083 specifies 
instructions for accomplishing the actions specified in the applicable 
ALS, including performing maintenance tasks, replacing life-limited 
parts, and revising the existing approved AMP by incorporating the 
limitations, tasks, and associated thresholds and intervals described 
in the ALS. This material is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

Other Related Service Information

    The FAA reviewed TASK 05-10-01-200-801-A01, Values of Authorized 
In-Service Life Limits--Airworthiness Limitations, of the Safran 
Helicopter Engines Arriel 2 Maintenance Manual, dated December 30, 
2021, and TASK 05-10-10-200-801-A01, Airworthiness Limitations--
Temporary Update No. 05-3--Tables of Mandatory Maintenance Tasks, of 
the Safran Helicopter Engines Arriel 2 Maintenance Manual, dated April 
15, 2022.
    The FAA reviewed Section 05-10-00, Airworthiness Limitations, of 
Chapter 05, Airworthiness Limitations-Frequencies-Inspections, of the 
Safran Helicopter Engines Arriel 2D and Arriel 2E Overhaul Manuals, 
Volume 1, No. X 292 R1 500 2, Update No. 23, dated December 30, 2021.

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 the State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI described above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain none of the requirements of AD 2021-
08-02. This proposed AD would require accomplishing the actions 
specified in EASA AD 2022-0083, described previously, except as 
discussed under ``Differences Between this Proposed AD and the EASA 
AD.'' An owner/operator (pilot) holding at least at least a private 
pilot certificate may incorporate the actions and associated thresholds 
and intervals, including life limits and maintenance tasks, into 
existing approved maintenance or inspection program as applicable, and 
performance of this incorporation must be entered into the aircraft 
records showing compliance with this AD in accordance with 14 CFR 
43.9(a) and 14 CFR 91.417(a)(2)(v). The record must be maintained as 
required by 14 CFR 91.417, 121.380, or 135.439. This is an exception to 
the FAA's standard maintenance regulations.

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 since 
coordinated with other manufacturers and CAAs to use this process. As a 
result, the FAA proposes to incorporate by reference EASA AD 2022-0083 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with EASA AD 2022-0083 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 the EASA AD 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 2022-0083. Service information required by the EASA AD for 
compliance will be available at regulations.gov under Docket No. FAA-
2022-1311 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2022-0083 applies to Arriel 2D, 2E, 2H, 2L2, and 2N model 
turboshaft engines, whereas this proposed AD would only apply to Arriel 
2D and Arriel 2E model turboshaft engines. Arriel 2H, 2L2, and 2N 
engines are not U.S. type certificated.
    EASA AD 2022-0083 defines the AMP as the approved Aircraft 
Maintenance Programme on the basis of which the operator or the owner 
ensures the continuing airworthiness of each operated engine, this AD 
defines the AMP as the Aircraft Maintenance Program on the basis of 
which the operator or the owner ensures the continuing airworthiness of 
each operated helicopter.
    EASA AD 2022-0083 requires revising the approved AMP within 12 
months after its effective date, whereas this proposed AD would require 
incorporating the actions and associated thresholds and intervals, 
including life limits and maintenance tasks, into the existing approved 
maintenance or inspection program, as applicable,

[[Page 65537]]

within 90 days after the effective date of the AD.
    This AD does not require compliance with paragraphs (1), (2), (4), 
or (5) of EASA AD 2022-0083.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 426 engines installed on helicopters of U.S. Registry. The FAA 
estimates the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Revise the ALS and the operator's       1 work-hour x $85 per                 $0             $85         $36,210
 existing approved AMP.                  hour = $85.
----------------------------------------------------------------------------------------------------------------

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

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:
0
a. Removing Airworthiness Directive 2021-08-02, Amendment 39-21496 (86 
FR 26651, May 17, 2021); and
0
b. Adding the following new airworthiness directive:

Safran Helicopter Engines, S.A. (Type Certificate previously held by 
Turbomeca, S.A.): Docket No. FAA-2022-1311; Project Identifier MCAI-
2022-00624-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 15, 2022.

(b) Affected ADs

    This AD replaces AD 2021-08-02, Amendment 39-21496 (86 FR 26651, 
May 17, 2021) (AD 2021-08-02).

(c) Applicability

    This AD applies to all Safran Helicopter Engines, S.A. (Safran) 
(Type Certificate previously held by Turbomeca, S.A.) Arriel 2D and 
Arriel 2E model turboshaft engines.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 7250, Turbine 
Section.

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the 
maintenance and overhaul manuals to introduce new or more 
restrictive airworthiness limitations and maintenance tasks. The FAA 
is issuing this AD to prevent failure of the engine. The unsafe 
condition, if not addressed, could result in uncontained release of 
a critical part, damage to the engine, and damage to the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Except as specified in paragraph (h) and (i) of this AD: 
Perform all required actions within the compliance times specified 
in, and in accordance with, European Union Aviation Safety Agency AD 
2022-0083, dated May 11, 2022 (EASA AD 2022-0083).
    (2) The actions required by paragraph (g)(1) of this AD may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records 
showing compliance with this AD in accordance with 14 CFR 43.9(a) 
and 14 CFR 91.417(a)(2)(v). The record must be maintained as 
required by 14 CFR 91.417, 121.380, or 135.439.

(h) Exceptions to EASA AD 2022-0083

    (1) Where EASA AD 2022-0083 defines the AMP as the approved 
Aircraft Maintenance Programme on the basis of which the operator or 
the owner ensures the continuing airworthiness of each operated 
engine, this AD defines the AMP as the Aircraft Maintenance Program 
on the basis of which the operator or the owner ensures the 
continuing airworthiness of each operated helicopter.
    (2) Where EASA AD 2022-0083 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) This AD does not require compliance with paragraph (1) of 
EASA AD 2022-0083.
    (4) This AD does not require compliance with paragraph (2) of 
EASA AD 2022-0083.
    (5) Where paragraph (3) of EASA AD 2022-0083 requires revising 
the approved aircraft maintenance program (AMP) within 12 months 
after the effective date of EASA AD 2021-0217, this AD requires 
incorporating the actions and associated thresholds and intervals, 
including life limits and maintenance tasks, into the existing 
approved maintenance or inspection program, as applicable, within 90 
days after the effective date of this AD.
    (6) This AD does not require compliance with paragraph (4) of 
EASA AD 2022-0083.
    (7) This AD does not require compliance with paragraph (5) of 
EASA AD 2022-0083.
    (8) The ``Remarks'' section of EASA AD 2022-0083 does not apply 
to this AD.

[[Page 65538]]

(i) Provisions for Alternative Actions, Thresholds, and Intervals, 
Including Life Limits

    After performing the action required by paragraph (g) of this 
AD, no alternative actions and associated thresholds and intervals, 
including life limits, are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2022-0083.

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, ECO 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 
certification office, send it to the attention of the person 
identified in paragraph (k) of this AD and email to: [email protected]. 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) Additional Information

    For more information about this AD, contact Kevin Clark, 
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: (781) 238-7088; email: 
[email protected].

 (l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material 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 AD 2022-0083, dated 
May 11, 2022.
    (ii) Reserved.
    (3) For EASA AD 2022-0083, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]. You may find this material on the EASA website 
at ad.easa.europa.eu.
    (4) You may view this service information at FAA, Airworthiness 
Products Section, Operational Safety Branch, 1200 District Avenue, 
Burlington, MA 01803. For information on the availability of this 
material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 20, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-23172 Filed 10-28-22; 8:45 am]
BILLING CODE 4910-13-P