Proposed Rule2023-14843
Airworthiness Directives; Safran Helicopter Engines, S.A. (Type Certificate Previously Held by Turbomeca, S.A.) Engines
Primary source
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Published
July 14, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 134 (Friday, July 14, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14843]
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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.) Engines
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM).
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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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> 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:
<bullet> 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: <a href="/cdn-cgi/l/email-protection#d59491a695b0b4a6b4fbb0a0a7baa5b4fbb0a0"><span class="__cf_email__" data-cfemail="8acbcef9caefebf9eba4effff8e5faeba4efff">[email protected]</span></a>. You may
find this material on the EASA website at ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-1311.
<bullet> 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: <a href="/cdn-cgi/l/email-protection#28434d5e41460645064b44495a43684e4949064f475e"><span class="__cf_email__" data-cfemail="8ce7e9fae5e2a2e1a2efe0edfee7cceaededa2ebe3fa">[email protected]</span></a>.
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
<a href="http://regulations.gov">regulations.gov</a>, 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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a> 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
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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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.
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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:
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: <a href="/cdn-cgi/l/email-protection#e7a6a9a2caa6a3caa6aaa8a4a7818686c9808891"><span class="__cf_email__" data-cfemail="4b0a050e660a0f660a0604080b2d2a2a652c243d">[email protected]</span></a>.
(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:
<a href="/cdn-cgi/l/email-protection#731816051a1d5d1e5d101f120118331512125d141c05"><span class="__cf_email__" data-cfemail="59323c2f30377734773a35382b32193f3838773e362f">[email protected]</span></a>.
(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:
<a href="/cdn-cgi/l/email-protection#8fcecbfccfeaeefceea1eafafde0ffeea1eafa"><span class="__cf_email__" data-cfemail="67262314270206140649021215081706490212">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#2e485c0047405d5e4b4d5a4741406e404f5c4f00494158"><span class="__cf_email__" data-cfemail="197f6b3770776a697c7a6d7076775977786b78377e766f">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
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
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