[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Proposed Rules]
[Pages 30911-30914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10251]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1043; Project Identifier MCAI-2022-01295-E]
RIN 2120-AA64


Airworthiness Directives; Safran Helicopter Engines, S.A. Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Safran Helicopter Engines, S.A. (Safran) Model Arrius 2B2 
engines. This proposed AD was prompted by the manufacturer revising the 
airworthiness limitations section (ALS) of the existing engine 
maintenance manual (EMM), introducing new and more restrictive tasks 
and limitations for certain life-limited parts. This proposed AD would 
require revising the ALS of the existing EMM or instructions for 
continued airworthiness (ICA) and the existing approved maintenance or 
inspection program, as applicable, by incorporating the actions and 
associated thresholds and intervals, including life limits, 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.

[[Page 30912]]


DATES: The FAA must receive comments on this NPRM by June 29, 2023.

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-2023-1043; 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 service information that is proposed for IBR in this 
AD, 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. It is also available 
at regulations.gov under Docket No. FAA-2023-1043.
     You may view this service information 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, 
International Validation Branch, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; 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-2023-1043; Project Identifier 
MCAI-2022-01295-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 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Kevin 
Clark, Aviation Safety Engineer, International Validation Branch, FAA, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590. Any commentary that 
the FAA receives which is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0203, dated September 30, 2022 
(EASA AD 2022-0203) (referred to after this as the MCAI), to address an 
unsafe condition for all Safran Model Arrius 2B2 engines. The MCAI 
states that the manufacturer published a revised ALS introducing new 
and more restrictive tasks and limitations for certain life-limited 
parts. The more restrictive tasks and limitations include replacing 
life-limited parts before exceeding the applicable life limit, 
performing applicable maintenance tasks, and revising the approved 
aircraft maintenance program.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1043.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0203, which specifies instructions 
for accomplishing the actions specified in the applicable ALS, 
including replacing life-limited parts, performing maintenance tasks, 
and revising the existing approved aircraft maintenance program by 
incorporating the limitations, tasks, and associated thresholds and 
intervals described in the ALS.
    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 ADDRESSES.

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. 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 require accomplishing the actions specified 
in the MCAI described previously, except for any differences as 
discussed under ``Differences Between this Proposed AD and the MCAI.'' 
The owner/operator (pilot) holding at least a private pilot certificate 
may revise the ALS of the existing EMM or ICA and the existing approved 
maintenance or inspection program, as applicable for the engine, and 
must enter compliance with the applicable paragraphs of the AD into the 
engine maintenance records in accordance with 14 CFR 43.9(a) and 
91.417(a)(2)(v). The record must be maintained as required by 14 CFR 
91.417, 121.380, or 135.439. This action could be performed equally 
well by a pilot or a mechanic. 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

[[Page 30913]]

use this process. As a result, the FAA proposes to incorporate by 
reference EASA AD 2022-0203 in the FAA final rule. Service information 
required by the EASA AD for compliance will be available at 
regulations.gov by searching for and locating Docket No. FAA-2023-1043 
after the FAA final rule is published.

Differences Between This Proposed AD and the MCAI

    Paragraph (1) of EASA AD 2022-0203 requires replacing each 
component before exceeding the applicable life limit and, within the 
thresholds and intervals, accomplishing all applicable maintenance 
tasks after its effective date, this proposed AD would require revising 
the ALS of the existing EMM or ICA and the existing approved 
maintenance or inspection program, as applicable, by incorporating the 
actions specified in paragraph (1) of EASA AD 2022-0203, within 90 days 
after the effective date of this AD. This proposed AD would not require 
compliance with paragraphs (2) through (5) of EASA AD 2022-0203.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 185 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
----------------------------------------------------------------------------------------------------------------
Revise the ALS......................  1 work-hour x $85 per                $0              $85          $15,725
                                       hour = $85.
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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 adding the following new airworthiness 
directive:

Safran Helicopter Engines, S.A.: Docket No. FAA-2023-1043; Project 
Identifier MCAI-2022-01295-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 29, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Safran Helicopter Engines, S.A. Model 
Arrius 2B2 engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine 
(Turbine/Turboprop).

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the 
airworthiness limitations section (ALS) of the existing engine 
maintenance manual (EMM), introducing new and more restrictive tasks 
and limitations for certain life-limited parts. The FAA is issuing 
this AD to prevent failure of life-limited parts. The unsafe 
condition, if not addressed, could result in failure of one or more 
engines, loss of thrust control, and loss of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Within 90 days after the effective date of this AD, revise 
the ALS of the existing EMM or instructions for continued 
airworthiness and the existing approved maintenance or inspection 
program, as applicable, by incorporating the actions specified in 
paragraph (1) of European Union Aviation Safety Agency (EASA) AD 
2022-0203, dated September 30, 2022 (EASA AD 2022-0203).
    (2) The action 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 91.417(a)(2)(v). The record must be maintained as required by 14 
CFR 91.417, 121.380, or 135.439.

(h) Provisions for Alternative Actions and Intervals

    After the actions required by paragraph (g) of this AD have been 
done, 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. Publication'' 
section of EASA AD 2022-0203.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, nternational 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

[[Page 30914]]

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 (j) of this AD and email 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 Kevin Clark, 
Aviation Safety Engineer, International Validation Branch, FAA, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (781) 238-
7088; 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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency AD 2022-0203, dated 
September 30, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0203, 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 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.
    (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 May 9, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-10251 Filed 5-12-23; 8:45 am]
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