[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Rules and Regulations]
[Pages 43426-43429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14585]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1411; Project Identifier MCAI-2023-00710-E; 
Amendment 39-22499; AD 2023-13-14]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-01-
12, which applied to all Safran Helicopter Engines, S.A. (Safran) Model 
Arriel 1C, Arriel 1C1, and Arriel 1C2 engines. AD 2023-01-12 required 
replacing affected fire detectors and prohibited installation of 
affected fire detectors. Since the FAA issued AD 2023-01-12, the FAA 
has determined that Model Arriel 1K1 engines are also affected by the 
unsafe condition. This AD is prompted by reports of false engine fire 
warnings. This AD requires replacing the affected fire detectors, 
prohibits installation of affected fire detectors, and adds Model 
Arriel 1K1 engines to the applicability, as specified in an European 
Union Aviation Safety Agency (EASA) AD, which is incorporated by 
reference (IBR). The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective July 25, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 25, 
2023.
    The FAA must receive comments on this AD by August 24, 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-2023-1411; 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, 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 incorporated by reference in this 
final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; phone: +49 221 8999 000; email: [email protected]; website: 
easa.europa.eu. You may find this material on the EASA website at 
ad.easa.europa.eu.
     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. It is 
also available at regulations.gov under Docket No. FAA-2023-1411.

FOR FURTHER INFORMATION CONTACT: Kevin Clark, Aviation Safety Engineer, 
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 data, views, or arguments 
about this final rule. Send your comments to

[[Page 43427]]

an address listed under ADDRESSES. Include ``Docket No. FAA-2023-1411; 
Project Identifier MCAI-2023-00710-E'' 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 Kevin 
Clark, Aviation Safety Engineer, 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

    The FAA issued AD 2023-01-12, Amendment 39-22306 (88 FR 3629, 
January 20, 2023) (AD 2023-01-12), for all Safran Helicopter Engines, 
S.A. (Type Certificate previously held by Turbomeca, S.A.) Model Arriel 
1C, Arriel 1C1, and Arriel 1C2 engines. AD 2023-01-12 was prompted by 
an MCAI originated by EASA, which is the Technical Agent for the Member 
States of the European Union. EASA issued EASA AD 2022-0256, dated 
December 19, 2022 (EASA AD 2022-0256) to correct an unsafe condition 
identified as reports of false engine fire warnings.
    AD 2023-01-12 required replacing the affected fire detectors and 
prohibited installation of affected fire detectors, as specified in 
EASA AD 2022-0256. The FAA issued AD 2023-01-12 to prevent false engine 
fire warnings.

Actions Since AD 2023-01-12 Was Issued

    Since the FAA issued AD 2023-01-12, EASA superseded EASA AD 2022-
0256 and issued EASA AD 2023-0110, dated May 26, 2023 (EASA AD 2023-
0110) (referred to after this as the MCAI). The MCAI states that Safran 
determined that Model Arriel 1K and Arriel 1K1 engines may also have 
the affected fire detectors installed and are subject to the same 
unsafe condition. The MCAI retains the requirements of EASA AD 2022-
0256 and expands the applicability to include the Model Arriel 1K and 
Arriel 1K1 engines.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1411.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0110, which specifies procedures for 
replacing affected fire detectors. EASA AD 2023-0110 also specifies not 
to install an affected fire detector on any engine. 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.
    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 this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI described above. 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 design.

AD Requirements

    This AD retains none of the requirements of AD 2023-01-12, This AD 
adds Model Arriel 1K1 engines to the applicability and requires 
accomplishing the actions specified in the MCAI already described, 
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 MCAI''.

Differences Between This AD and the MCAI

    Model Arriel 1K engines are contained in the applicability of EASA 
AD 2023-0110 but do not have an FAA type certificate. Therefore, this 
AD does not include those engines in the applicability.

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 requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because fire detectors that do not conform to the type design could 
lead to false engine fire warnings. Safran was informed of three 
occurrences of illumination of the engine fire alarm without confirmed 
fire (untimely illumination) on airframes equipped with affected fire 
detectors. False engine fire warnings are an unsafe condition requiring 
urgent corrective action because, if a helicopter is equipped with two 
engines with an affected fire detector installed, an engine fire 
warning could occur on both engines during the same flight. This unsafe 
condition, if not addressed, could lead to commanded in-flight engine 
shut-down, possibly resulting in damage to the helicopter and reduced 
control of the helicopter. Replacement of the fire detectors for Model 
Arriel 1K1 engines requires compliance within 30 flight hours or 60 
days from the effective date of this AD. Replacement of the fire 
detectors for Model Arriel 1C, Arriel 1C1, and Arriel 1C2 engines 
requires compliance before further flight. Accordingly, notice and 
opportunity for prior public comment are impracticable

[[Page 43428]]

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 forgo 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 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 30 engines installed on 
helicopters of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace fire detectors................  1 work-hour x $85 per             $1,800          $1,885         $56,550
                                         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

    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

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 2023-01-12, Amendment 39-22306 (88 
FR 3629, January 20, 2023); and
0
b. Adding the following new airworthiness directive:

2023-13-14 Safran Helicopter Engines, S.A. (Type Certificate 
Previously Held by Turbomeca, S.A.): Amendment 39-22499; Docket No. 
FAA-2023-1411; Project Identifier MCAI-2023-00710-E.

(a) Effective Date

    This airworthiness directive (AD) is effective July 25, 2023.

(b) Affected ADs

    This AD replaces AD 2023-01-12, Amendment 39-22306 (88 FR 3629, 
January 20, 2023) (AD 2023-01-12).

(c) Applicability

    This AD applies to all Safran Helicopter Engines, S.A. (Type 
Certificate previously held by Turbomeca, S.A.) Model Arriel 1C, 
Arriel 1C1, Arriel 1C2, and Arriel 1K1 engines.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by false engine fire warnings. The FAA is 
issuing this AD to prevent false engine fire warnings. The unsafe 
condition, if not addressed, could lead to commanded in-flight 
engine shut-down, possibly resulting in damage to the helicopter and 
reduced control of the helicopter.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraphs (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 
(EASA) AD 2023-0110, dated May 26, 2023.

(h) Exceptions to EASA AD 2023-0110

    (1) Where the ``Reference Date'' for Model Arriel 1K1 engines in 
Table 1 of EASA AD 2023-0110 specifies ``The effective date of this 
[EASA] AD,'' this AD requires using the effective date of this AD.
    (2) Where the ``Reference Date'' for Model Arriel 1C, Arriel 
1C1, and Arriel 1C2 engines in Table 1 of EASA AD 2023-0110 
specifies ``02 January 2023,'' this AD requires compliance before 
further flight.
    (3) This AD does not adopt the Remarks paragraph of EASA AD 
2023-0110.
    (4) Although the service information referenced in EASA AD 2023-
0110 specifies to discard any removed fire detectors, this AD 
requires removing those parts from service.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0110 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) 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.

(k) Additional Information

    For more information about this AD, contact Kevin Clark, 
Aviation Safety

[[Page 43429]]

Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
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 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 2023-0110, dated 
May 26, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0110, 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 June 30, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-14585 Filed 7-6-23; 11:15 am]
BILLING CODE 4910-13-P