Airworthiness Directives; Safran Helicopter Engines, S.A. (Type Certificate Previously Held by Turbomeca, S.A.) Engines, 43426-43429 [2023-14585]

Download as PDF 43426 Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Rules and Regulations on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreignbased companies in domestic and export markets. Paperwork Reduction Act of 1995 The amended regulations contain no additional information collection or record-keeping requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq. List of Subjects in 5 CFR Part 2429 Administrative practice and procedure, Government employees, Labor management relations. For the reasons stated in the preamble, the FLRA amends 5 CFR part 2429 as follows: documents on that party exclusively by email to the email address provided by the party. * * * * * (c) Proof of service. Proof of service shall be verified by certificate of the individual serving the papers describing the manner of such service. When service is by mail, the date of service shall be the day when the matter served is deposited in the United States mail. When service is by facsimile, the date of service shall be the date the facsimile transmission is transmitted and, when necessary, verified by a dated facsimile record of transmission. When parties are served documents by the Authority by email, the date of service shall be the date the email is sent. Approved: July 3, 2023. Rebecca J. Osborne, Federal Register Liaison, Federal Labor Relations Authority. [FR Doc. 2023–14399 Filed 7–7–23; 8:45 am] PART 2429—MISCELLANEOUS AND GENERAL REQUIREMENTS 1. The authority citation for part 2429 continues to read as follows: ■ DEPARTMENT OF TRANSPORTATION Authority: 5 U.S.C. 7134; § 2429.18 also issued under 28 U.S.C. 2112(a). Federal Aviation Administration 2. Amend § 2429.12 by revising paragraphs (a) and (c) to read as follows: 14 CFR Part 39 ■ § 2429.12 Service of process and papers by the Authority. lotter on DSK11XQN23PROD with RULES1 BILLING CODE 7627–01–P (a) Methods of service. Notices of hearings, decisions and orders of Regional Directors, decisions and recommended orders of Administrative Law Judges, decisions of the Authority, complaints, amended complaints, withdrawals of complaints, written rulings on motions, and all other papers required by this subchapter to be issued by the Authority, the General Counsel, Regional Directors, Hearing Officers, Administrative Law Judges, and Regional Directors when not acting as a party under part 2423 of this subchapter, shall be served personally, by first-class mail, by facsimile transmission, by certified mail, or, as described below with respect to documents issued by the Authority, by electronic mail (hereinafter, ‘‘email’’). Where facsimile equipment is available, rulings on motions; information pertaining to prehearing disclosure, conferences, orders, or hearing dates, and locations; information pertaining to subpoenas; and other similar or time sensitive matters may be served by facsimile transmission. Where a party using the FLRA’s eFiling system has consented to electronic service of documents issued by the Authority in a particular case, the Authority shall serve VerDate Sep<11>2014 15:54 Jul 07, 2023 Jkt 259001 [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 Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: 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 SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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-AdenauerUfer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@ easa.europa.eu; 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: kevin.m.clark@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to E:\FR\FM\10JYR1.SGM 10JYR1 Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Rules and Regulations 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. lotter on DSK11XQN23PROD with RULES1 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. VerDate Sep<11>2014 15:54 Jul 07, 2023 Jkt 259001 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 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 43427 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 shutdown, 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 E:\FR\FM\10JYR1.SGM 10JYR1 43428 Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Rules and Regulations 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 Action Labor cost Replace fire detectors ...................... 1 work-hour × $85 per 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. lotter on DSK11XQN23PROD with RULES1 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, VerDate Sep<11>2014 15:54 Jul 07, 2023 Jkt 259001 Parts cost the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive 2023–01–12, Amendment 39–22306 (88 FR 3629, January 20, 2023); and ■ 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. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 $1,800 Cost per product $1,885 Cost on U.S. operators $56,550 (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: ANE-AD-AMOC@faa.gov. (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 E:\FR\FM\10JYR1.SGM 10JYR1 Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Rules and Regulations Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (781) 238– 7088; email: kevin.m.clark@faa.gov. (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: ADs@easa.europa.eu. 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: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2023–1077; Airspace Docket No. 23–AGL–16] RIN 2120–AA66 Amendment of Class E Airspace; Devils Lake, ND Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends the Class E airspace at Devils Lake, ND. This action is the result of an airspace review caused by the decommissioning of the Devils Lake very high frequency omnidirectional range (VOR) as part of the VOR Minimum Operating Network (MON) Program. The geographic coordinates of the airport are also being updated to coincide with the FAA’s aeronautical database. lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:54 Jul 07, 2023 Jkt 259001 Effective 0901 UTC, October 5, 2023. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments. ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all comments received, this final rule, and all background material may be viewed online at www.regulations.gov using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. FAA Order JO 7400.11G, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/ publications/. You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222–5711. SUPPLEMENTARY INFORMATION: DATES: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends the Class E surface airspace and the Class E airspace extending upward from 700 feet above the surface at Devils Lake Regional Airport, Devils Lake, ND, to support instrument flight rule operations at this airport. History The FAA published an NPRM for Docket No. FAA–2023–1077 in the Federal Register (88 FR 29563; May 8, 2023) proposing to amend the Class E airspace at Devils Lake, ND. Interested parties were invited to participate in this rulemaking effort by submitting PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 43429 written comments on the proposal to the FAA. No comments were received. Incorporation by Reference Class E airspace designations are published in paragraphs 6002 and 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA Order JO 7400.11G is publicly available as listed in the ADDRESSES section of this document. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Rule This amendment to 14 CFR part 71: Modifies the Class E surface airspace to within a 4.3-mile (increased from a 4mile) radius of Devils Lake Regional Airport, Devils Lake, ND; removes the Devils Lake VOR/DME and associated extensions from the airspace legal description; updates the geographic coordinates of the airport to coincide with the FAA’s aeronautical database; and replaces the outdated term ‘‘Notice to Airmen’’ with ‘‘Notice to Air Missions’’; Modifies the Class E airspace extending upward from 700 feet above the surface to within a 6.8-mile (decreased from an 8.7-mile) radius of Devils Lake Regional Airport; removes the Devils Lake VOR/DME from the airspace legal description; removes the Class E airspace extending upward from 1,200 feet above the surface as it is now redundant with the Class E airspace extending upward from 1,200 feet above the surface over the State of North Dakota; and updates geographic coordinates of the airport to coincide with the FAA’s aeronautical database. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic E:\FR\FM\10JYR1.SGM 10JYR1

Agencies

[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]


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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
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