[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Proposed Rules]
[Pages 44232-44234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14469]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1397; Project Identifier MCAI-2023-00014-E]
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: 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) (type certificate 
previously held by Turbomeca S.A.) Model Arrius 2R engines. This 
proposed AD was prompted by reports of inconsistencies between the 
torque (TQ) and measured gas temperature (MGT) conformation values 
recorded in the avionics and the TQ and MGT conformation values 
recorded on the engine log cards following replacement of the M01 and 
M02 modules installed on the engine. This proposed AD would require a 
one-time check of the consistency between the TQ and MGT conformation 
values recorded in the avionics and the values recorded on the engine 
log cards, and, if necessary, recalibrating the values and updating the 
engine logs, 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 NPRM by August 28, 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-2023-1397; 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 
NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +49 221 8999 000; email: [email protected]; website: 
ad.easa.europa.eu. It is also available at regulations.gov under Docket 
No. FAA-2023-1397.
     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, 
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-2023-1397; Project Identifier 
MCAI-2023-00014-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

[[Page 44233]]

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, 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 2022-0265R1, dated January 6, 2023 
(EASA AD 2022-0265R1) (referred to after this as the MCAI), to address 
an unsafe condition for all Safran Model Arrius 2R engines. The MCAI 
states that inconsistencies were reported between the TQ and MGT 
conformation values recorded in the avionics and the values recorded on 
the engine log cards following replacement of the M01 or M02 modules 
installed on the engine. This condition, if not corrected, could affect 
the engine power assurance check and lead to underestimated or 
overestimated TQ and MGT conformation values. Underestimated MGT 
conformation values could lead to an exceedance of the certified 
thermal limit of the high-pressure (HP) blades, possibly resulting in 
HP blade rupture with consequent sudden power loss and release of low-
energy debris. Underestimated TQ conformation values could lead to 
overpassing the helicopter transmission limit. Overestimated TQ and MGT 
conformation values could lead to an electronic engine control unit 
embedded value that could result in power non-availability. Each of the 
above conditions could result in reduced control of the helicopter.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1397.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0265R1, which specifies instructions 
for a one-time check of the consistency between the TQ and MGT 
conformation values recorded in the avionics and the values recorded in 
the engine log cards, and, if necessary, recalibrating the values and 
updating the engine logs.
    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 NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop on 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, except for any differences identified as exceptions in the 
regulatory text of this proposed 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 since 
coordinated with other manufacturers and CAAs to use this process. As a 
result, the FAA proposes to incorporate by reference EASA AD 2022-
0265R1 in the FAA final rule. This proposed AD would, therefore, 
require compliance with EASA AD 2022-0265R1 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 2022-0265R1. Service information required by the EASA AD for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-1397 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 145 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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Perform consistency check.............  1 work-hour x $85 per                 $0             $85         $12,325
                                         hour = $85.
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    The FAA estimates the following costs to do any necessary 
recalibration that would be required based on the results of the 
proposed consistency check. The agency has no way of determining the 
number of aircraft that might need recalibration:

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
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Recalibrate conformation values and update      1 work-hour x $85 per hour = $85              $0             $85
 records.
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[[Page 44234]]

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. (Type Certificate Previously Held by 
Turbomeca, S.A.): Docket No. FAA-2023-1397; Project Identifier MCAI-
2023-00014-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 28, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Safran Helicopter Engines, S.A. (type 
certificate previously held by Turbomeca S.A.) Model Arrius 2R 
engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7700, Engine 
Indicating System.

(e) Unsafe Condition

    This AD was prompted by reports of inconsistencies between the 
torque (TQ) and measured gas temperature (MGT) conformation values 
recorded in the avionics and the TQ and MGT conformation values 
recorded on the engine log cards following replacement of the M01 or 
M02 modules installed on the engine. The FAA is issuing this AD to 
address inconsistencies between the TQ and MGT conformation values 
recorded. The unsafe condition, if not addressed, could result in 
reduced control of the helicopter due to one or more of the 
following: a power non-availability; a high-pressure blade rupture 
with consequent power loss and release of low-energy debris; or an 
overpassing of the helicopter transmission limit.

(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 2022-0265R1, dated January 6, 2023 (EASA AD 2022-0265R1).

(h) Exceptions to EASA AD 2022-0265R1

    (1) Where EASA AD 2022-0265R1 refers to January 4, 2023 (the 
effective date of the original issue of AD 2022-0265), this AD 
requires using the effective date of this AD.
    (2) This AD does not adopt the Remarks paragraph of EASA AD 
2022-0265R1.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-
0265R1 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 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 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 2022-0265R1, dated 
January 6, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2022-0265R1, 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 EASA 
AD 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.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-14469 Filed 7-11-23; 8:45 am]
BILLING CODE 4910-13-P