[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Proposed Rules]
[Pages 45109-45112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14843]


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

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.) Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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

SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) 
that would have applied to all Safran Helicopter Engines, S.A. (Safran) 
(type certificate previously held by Turbomeca, S.A.) Model Arriel 2D 
and Arriel 2E engines. This action revises the NPRM by proposing to 
require updating the airworthiness limitation section (ALS) of the 
existing engine maintenance manual (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) airworthiness directive 
(AD), which is proposed for incorporation by reference (IBR). The FAA 
is proposing this AD to address the unsafe condition on these products. 
Since these actions would revise the required actions proposed in the 
NPRM, the agency is requesting comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM 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-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 the NPRM, this SNPRM, 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 identified that is proposed for 
IBR in this SNPRM, contact EASA, KonradAdenauer-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-2022-1311.
     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

[[Page 45110]]

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 again revise 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 SNPRM.

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 SNPRM 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 SNPRM, 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 SNPRM. 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 an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to all Safran Model Arriel 2D and Arriel 2E engines. The 
NPRM published in the Federal Register on October 31, 2022 (87 FR 
65535). The NPRM proposed to supersede AD 2021-08-02 (86 FR 26651, May 
17, 2021) (AD 2021-08-02). The NPRM was prompted by EASA AD 2022-0083, 
dated May 11, 2022 (EASA AD 2022-0083), issued by EASA, which is the 
Technical Agent for the Member States of the European Union (referred 
to after this as the MCAI), which supersedes EASA AD 2018-0273, dated 
December 13, 2018 (EASA AD 2018-0273). The MCAI states that the 
manufacturer published a revised ALS introducing new and more 
restrictive maintenance tasks and airworthiness limitations. These new 
or more restrictive maintenance tasks and airworthiness limitations 
include initial and repetitive inspections for clogging of the power 
turbine air pressurization pipe.
    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 maintenance or inspection 
program by incorporating the revised airworthiness limitations and 
maintenance tasks.
    In the NPRM, the FAA proposed to supersede AD 2021-08-02 and 
require revisioning the ALS of the operator's existing approved 
maintenance or inspection program, as applicable, to incorporate new 
and more restrtictive airworthiness 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 proposed 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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1311.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, the FAA discovered an inaccurate 
reference to a certain paragraph of EASA AD 2022-0083 in paragraph (g) 
of the NPRM and determined that a reduced compliance time of 90 days is 
necessary. This SNPRM was prompted by the FAA's determination that the 
revised airworthiness limitations and new maintenance procedures are 
necessary and the need to correct an inaccurate paragraph reference. 
The FAA is proposing this AD to address the unsafe condition on these 
products.

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0083, which 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.

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 SNPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop on other products of the same type design. Certain 
changes described above expand the scope of the NPRM. As a result, it 
is necessary to reopen the comment period to provide additional 
opportunity for the public to comment on this SNPRM.

Proposed AD Requirements in This SNPRM

    This proposed AD would retain none of the requirements of AD 2021-
08-02. This proposed AD would require revising the ALS of the existing 
EMM or instructions for continued airworthiness and the existing 
approved maintenance or inspection program, as applicable, to 
incorporate the actions specified in paragraph (1) of the MCAI, 
described previously, except as discussed under ``Differences Between 
this SNPRM 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 this proposed 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.

[[Page 45111]]

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. 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 SNPRM and the MCAI

    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.
    Paragraph (1) of EASA AD 2022-0083 specifies to replace 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 instead require 
revising the ALS of the existing EMM or ICA and the existing approved 
maintenance or inspection program, as applicable, by incorporating the 
requirements specified in paragraph (1) of EASA AD 2022-0083 within 90 
days after the effective date of this AD.

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
----------------------------------------------------------------------------------------------------------------
Revise the ALS of the existing EMM or   1 work-hours x $85 per                $0             $85         $36,210
 ICA and the existing approved           hour = $85.
 maintenance or inspection program.
----------------------------------------------------------------------------------------------------------------

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 August 28, 2023.

(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 Safran Helicopter Engines, S.A. (type 
certificate previously held by Turbomeca, S.A.) Model Arriel 2D and 
Arriel 2E engines.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the 
airworthiness limitations section (ALS) of the existing engine 
maintenance manual (EMM) to introduce new or 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 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) 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

[[Page 45112]]

specified in paragraph (1) of European Union Aviation Safety Agency 
(EASA) AD 2022-0083, dated May 11, 2022 (EASA AD 2022-0083).
    (2) The owner/operator (pilot) holding at least a private pilot 
certificate may perform the action required by paragraph (g)(1) of 
this AD for your engine and must enter compliance with the 
applicable paragraphs of this 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.

(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 2022-0083.

(i) Alternative Methods of Compliance (AMOCs)

    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 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, 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 2022-0083, dated 
May 11, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0083, contact EASA, KonradAdenauer-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 July 6, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-14843 Filed 7-13-23; 8:45 am]
BILLING CODE 4910-13-P