Airworthiness Directives; Safran Helicopter Engines, S.A. (Type Certificate Previously Held by Turbomeca S.A.) Engines, 86263-86266 [2023-27257]
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Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Rules and Regulations
Safety Agency (EASA) Emergency AD 2023–
0204–E, dated November 20, 2023 (EASA AD
2023–0204–E).
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(h) Exceptions to EASA AD 2023–0204–E
(1) Where EASA AD 2023–0204–E defines
‘‘the SB,’’ this AD requires using Guimbal
Mandatory Service Bulletin SB 23–006,
Revision B, dated November 14, 2023.
(2) Where EASA AD 2023–0204–E refers to
its effective date, this AD requires using the
effective date of this AD.
(3) Where EASA AD 2023–0204–E requires
compliance in terms of flight hours, this AD
requires using hours time-in-service.
(4) Where Table 1 in EASA AD 2023–
0204–E states, ‘‘Compliance Time after the
Effetive Date,’’ for this AD, replace that text
with, ‘‘Compliance Time after the Effective
Date.’’
(5) Where Note (1) of EASA AD 2023–
0204–E states, ‘‘For the initial inspection, a
single ferry flight without passengers is
allowed to a maintenance location, where the
actions required by this AD can be
accomplished,’’ for this AD, replace that text
with, ‘‘For the initial inspection, a single
special flight permit may be issued in
accordance with 14 CFR 21.197 and 21.199
to a maintenance location where the actions
required by this AD can be accomplished,
provided there are no passengers onboard.’’
(6) Where the service information
referenced in EASA AD 2023–0204–E states
performing a dye-penetrant inspection, this
AD does not require that action.
(7) Instead of complying with paragraphs
(2) and (3) of EASA AD 2023–0204–E and
paragraph d) of the service information
referenced in EASA AD 2023–0204–E, for
this AD, comply with the following: ‘‘As a
result of an inspection required by paragraph
(1) of EASA AD 2023–0204–E, if there is a
crack, before further flight, remove the
affected part, as defined in EASA AD 2023–
0204–E, from service and replace it with a
serviceable part, as defined in EASA AD
2023–0204–E, in accordance with a method
approved by the Manager, International
Validation Branch, FAA; or EASA; or
He´licopte`res Guimbal EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.’’
(8) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0204–E.
(i) 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 (j) of this AD.
Information may be emailed to: 9-AVS-AIR730-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.
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(j) Additional Information
DEPARTMENT OF TRANSPORTATION
For more information about this AD,
contact Dan McCully, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone (404) 474–
5548; email william.mccully@faa.gov.
(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 this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) Emergency AD 2023–0204–E, dated
November 20, 2023.
(ii) Guimbal Mandatory Service Bulletin
SB 23–006, Revision B, dated November 14,
2023.
(3) For EASA AD 2023–0174–E, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
easa.europa.eu. You may find the EASA
material on the EASA website at
ad.easa.europa.eu.
(4) For Guimbal service information
identified in this AD, contact contact
He´licopte`res Guimbal, 1070, rue du
Lieutenant Parayre, Ae´rodrome d’Aix-enProvence, 13290 Les Milles, France; phone
33–04–42–39–10–88; email support@
guimbal.com; or at guimbal.com.
(5) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(6) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibrlocations or email fr.inspection@nara.gov.
Issued on December 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–27429 Filed 12–11–23; 11:15 am]
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86263
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1397; Project
Identifier MCAI–2023–00014–E; Amendment
39–22626; AD 2023–24–09]
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.
AGENCY:
The FAA is adopting 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 AD is 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 AD requires a onetime 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
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 17,
2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 17, 2024.
ADDRESSES:
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 final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For service information identified
in this final rule, contact EASA, KonradSUMMARY:
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Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Rules and Regulations
Adenauer-Ufer 3, 50668 Cologne,
Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; website:
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–2023–1397.
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:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Safran Helicopter Engines,
S.A. Model Arrius 2R engines. The
NPRM published in the Federal
Register on July 12, 2023 (88 FR 44232).
The NPRM was prompted by EASA AD
2022–0265R1, dated January 6, 2023
(EASA AD 2022–0265R1) (also referred
to as the MCAI), issued by EASA, which
is the Technical Agent for the Member
States of the European Union. 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 highpressure (HP) blades, possibly resulting
in HP blade rupture with consequent
sudden power loss and release of lowenergy 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.
In the NPRM, the FAA proposed to
require accomplishing the actions
specified in the MCAI, except for any
differences identified as exceptions in
the regulatory text. The FAA is issuing
this AD to address the unsafe condition
on these products.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1397.
Discussion of Final Airworthiness
Directive
The FAA received a comment from
one commenter, Summit Helicopters,
Inc (Summit). The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Request To Not Incorporate the EASA
AD by Reference
Summit objected to incorporating the
foreign government’s AD by reference in
FAA ADs, including this one. Summit
mentioned that the work of revising the
EASA AD to match the exceptions in
the AD significantly increases the
paperwork and hours needed to
complete the requirements of the AD.
Summit also objected to requiring U.S.based mechanics to access foreign
government websites to comply with the
AD. Summit pointed out that accessing
the foreign government website to
retrieve and, further, modify the EASA
AD with the exceptions contained in the
FAA AD, specifically to comply, has the
potential for confusion, especially with
to the differing effective dates of the
EASA AD and the FAA AD. Summit
suggested that the FAA instead copy the
required actions from the foreign AD
into the FAA AD. The FAA also infers
that Summit is requesting that the FAA
discontinue the incorporation by
reference of foreign ADs in all FAA
ADs.
The FAA disagrees with the request.
While this newer type of AD format
results in another document needing to
be reviewed by the mechanic, there is a
benefit to operators that is not readily
apparent. Most MCAIs permit using
future approved revisions of required
and related material without the need
for an operator to request an alternative
method of compliance (AMOC). The
FAA is not permitted to include ‘‘or
future approved revisions’’ directly in
an AD. When an MCAI is not
incorporated by reference, the FAA
would require operators to be issued an
AMOC allowing future, alleviating
revisions of required material.
Therefore, this method minimizes the
need for AMOCs. Finally, since the
MCAI is made available within the
docket on regulations.gov when the
NPRM is published, it is unnecessary
for a U.S.-based person to access a
foreign website to obtain a copy.
Conclusion
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 referenced
above. The FAA reviewed the relevant
data, considered the comments
received, and determined that air safety
requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on these
products. Except for minor editorial
changes, this AD is adopted as proposed
in the NPRM.
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.
Costs of Compliance
The FAA estimates that this AD
affects 145 engines installed on
helicopters of U.S. registry.
The FAA estimates the following
costs to comply with this AD:
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ESTIMATED COSTS
Action
Labor cost
Perform consistency check ....................
1 work-hour × $85 per hour = $85 ........
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Parts cost
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Cost per product
$0
E:\FR\FM\13DER1.SGM
$85
13DER1
Cost on U.S.
operators
$12,325
Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Rules and Regulations
The FAA estimates the following
costs to do any necessary recalibration
that would be required based on the
results of the consistency check. The
agency has no way of determining the
86265
number of aircraft that might need
recalibration:
ON-CONDITION COSTS
Action
Recalibrate
records.
conformation
Labor cost
values
and
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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,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will 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 Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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1 work-hour × $85 per hour = $85 .........................
update
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.
Parts cost
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 adding
the following new airworthiness
directive:
■
2023–24–09 Safran Helicopter Engines,
S.A. (Type Certificate Previously Held
by Turbomeca, S.A.): Amendment 39–
22626; Docket No. FAA–2023–1397;
Project Identifier MCAI–2023–00014–E.
(a) Effective Date
This airworthiness directive (AD) is
effective January 17, 2024.
(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 highpressure 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
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Cost per product
$0
$85
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 EASA 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 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
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
(EASA) AD 2022–0265R1, dated January 6,
2023.
(ii) [Reserved]
(3) For EASA AD 2022–0265R1, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
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Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; 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 material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on November 30, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–27257 Filed 12–12–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA–1222]
Specific Listing for Three Currently
Controlled Schedule I Substances
Drug Enforcement
Administration, Department of Justice.
ACTION: Final rule.
AGENCY:
The Drug Enforcement
Administration (DEA) is establishing a
specific listing and DEA Controlled
Substances Code Number (drug code)
for three substances: N-(1-amino-3,3dimethyl-1-oxobutan-2-yl)-1-butyl-1Hindazole-3-carboxamide (also known as
ADB–BUTINACA); 4-methyl-1-phenyl2-(pyrrolidin-1-yl)pentan-1-one (also
known as a-PiHP or alpha-PiHP); and 2(methylamino)-1-(3methylphenyl)propan-1-one (also
known as 3–MMC or 3methylmethcathinone) in schedule I of
the Controlled Substances Act (CSA).
Although ADB–BUTINACA, a-PiHP,
and 3–MMC are not specifically listed
in schedule I of the CSA with their own
unique drug codes, they are schedule I
controlled substances in the United
States because they are positional
isomers of AB–PINACA (controlled
January 30, 2015), a-PHP (controlled
July 18, 2019), and mephedrone
(controlled as a hallucinogen July 9,
2012), respectively, each of which are
schedule I hallucinogens. Therefore,
DEA is simply amending the schedule I
hallucinogenic substances list in its
regulations to separately include ADB–
BUTINACA, a-PiHP, and 3–MMC.
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SUMMARY:
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Effective December 13, 2023.
Dr.
Terrence L. Boos, Drug and Chemical
Evaluation, Diversion Control Division,
Drug Enforcement Administration;
Telephone: (571) 362–3249.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
ADB–BUTINACA Control
ADB–BUTINACA (also known as N(1-amino-3,3-dimethyl-1-oxobutan-2-yl)1-butyl-1H-indazole-3-carboxamide) is a
chemical substance that is structurally
related to AB–PINACA (also known as
N-(1-amino-3-methyl-1-oxobutan-2-yl)1-pentyl-1H-indazole-3-carboxamide).
AB–PINACA is listed as a
hallucinogenic substance in schedule I
at 21 CFR 1308.11(d)(70). The
introductory text to paragraph (d)
provides: (1) A listed substance includes
‘‘any of its salts, isomers, and salts of
isomers whenever the existence of such
salts, isomers, and salts of isomers is
possible within the specific chemical
designation,’’ and (2) the term ‘‘isomer’’
includes the ‘‘optical, position[al], and
geometric isomers.’’
When compared to the chemical
structure of AB–PINACA, ADB–
BUTINACA meets the definition of a
positional isomer in 21 CFR 1300.01(b),
which cross-references the term
‘‘positional isomer’’ in 21 CFR
1308.11(d). Both AB–PINACA and
ADB–BUTINACA possess the same
molecular formula and core structure,
and they have the same functional
groups. They only differ from one
another by a rearrangement of an alkyl
moiety between functional groups that
does not create new chemical
functionalities or destroy existing
chemical functionalities. Accordingly,
under 21 CFR 1308.11(d), ADB–
BUTINACA, as a positional isomer of
AB–PINACA, has been and continues to
be a schedule I controlled substance.1
a-PiHP Control
a-PiHP (also known as 4-methyl-1phenyl-2-(pyrrolidin-1-yl)pentan-1-one
or alpha-PiHP) is a chemical substance
that is structurally related to a-PHP
(also known as 1-phenyl-2-(pyrrolidin1-yl)hexan-1-one). a-PHP is listed as a
hallucinogenic substance in schedule I
at 21 CFR 1308.11(d)(95). When
compared to the chemical structure of aPHP, a-PiHP meets the definition of a
positional isomer in 21 CFR 1300.01(b),
1 AB–PINACA (and its isomers) has been subject
to temporary schedule I controls since January 30,
2015, first pursuant to a final order (January 30,
2015, 80 FR 5042) and the subsequent one-year
extension of that order (January 27, 2017, 82 FR
8590), and then permanently pursuant to a final
rule, which continued the imposition of those
controls (October 16, 2017, 82 FR 47971).
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which cross-references the term
‘‘positional isomer’’ in 21 CFR
1308.11(d). Both a-PHP and a-PiHP
possess the same molecular formula and
core structure, and they have the same
functional groups. They only differ from
one another by a rearrangement of an
alkyl moiety that does not create new
chemical functionalities or destroy
existing chemical functionalities.
Accordingly, under 21 CFR 1308.11(d),
a-PiHP, as a positional isomer of a-PHP,
has been and continues to be a schedule
I controlled substance.2
3–MMC Control
3–MMC (also known 2(methylamino)-1-(3methylphenyl)propan-1-one or 3methylmethcathinone) is a chemical
substance that is structurally related to
mephedrone (also known as 4methylmethcathinone). Mephedrone is
listed as a hallucinogenic substance in
schedule I at 21 CFR 1308.11(d)(36).
When compared to the chemical
structure of mephedrone, 3–MMC meets
the definition of a positional isomer in
21 CFR 1300.01(b), which crossreferences the term ‘‘positional isomer’’
in 21 CFR 1308.11(d). Both mephedrone
and 3–MMC possess the same molecular
formula and core structure, and they
have the same functional groups. They
only differ from one another by a
repositioning of an alkyl moiety.
Accordingly, under 21 CFR 1308.11(d),
3–MMC, as a positional isomer of
mephedrone, has been and continues to
be a schedule I controlled substance.3
The Drug Enforcement Administration’s
(DEA) Authority To Control ADB–
BUTINACA, a-PiHP, and 3–MMC
This rule is prompted by a letter dated
May 17, 2023, in which the United
States government was informed by the
Secretariat of the United Nations that
ADB–BUTINACA, a-PiHP, and 3–MMC
have been added to Schedule II of the
Convention on Psychotropic Substances
of 1971 (1971 Convention). This letter
was prompted by decisions at the 66th
Session of the Commission on Narcotic
Drugs (CND) in March 2023 to schedule
ADB–BUTINACA, a-PiHP, and 3–MMC
under Schedule II of the 1971
2 a-PHP (and its isomers) has been subject to
temporary schedule I controls since July 18, 2019,
first pursuant to a temporary scheduling order (July
18, 2019, 84 FR 34291) and the subsequent one-year
extension of that order (July 16, 2021, 86 FR 37672),
and then permanently pursuant to a final rule
which continued the imposition of those controls
(June 1, 2022, 87 FR 32996).
3 Positional isomers of mephedrone have been
subject to permanent schedule I controls since July
9, 2012 (Synthetic Drug Abuse Prevention Act of
2012 or SDAPA, Public Law 112–144, Title XI,
Subtitle D).
E:\FR\FM\13DER1.SGM
13DER1
]]>Agencies
[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Rules and Regulations]
[Pages 86263-86266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27257]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1397; Project Identifier MCAI-2023-00014-E;
Amendment 39-22626; AD 2023-24-09]
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.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting 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 AD is 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 AD requires 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
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective January 17, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 17,
2024.
ADDRESSES:
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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For service information identified in this final rule,
contact EASA, Konrad-
[[Page 86264]]
Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000;
email: [email protected]; website: 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-2023-1397.
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:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Safran Helicopter
Engines, S.A. Model Arrius 2R engines. The NPRM published in the
Federal Register on July 12, 2023 (88 FR 44232). The NPRM was prompted
by EASA AD 2022-0265R1, dated January 6, 2023 (EASA AD 2022-0265R1)
(also referred to as the MCAI), issued by EASA, which is the Technical
Agent for the Member States of the European Union. 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.
In the NPRM, the FAA proposed to require accomplishing the actions
specified in the MCAI, except for any differences identified as
exceptions in the regulatory text. The FAA is issuing this AD to
address the unsafe condition on these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1397.
Discussion of Final Airworthiness Directive
The FAA received a comment from one commenter, Summit Helicopters,
Inc (Summit). The following presents the comments received on the NPRM
and the FAA's response to each comment.
Request To Not Incorporate the EASA AD by Reference
Summit objected to incorporating the foreign government's AD by
reference in FAA ADs, including this one. Summit mentioned that the
work of revising the EASA AD to match the exceptions in the AD
significantly increases the paperwork and hours needed to complete the
requirements of the AD. Summit also objected to requiring U.S.-based
mechanics to access foreign government websites to comply with the AD.
Summit pointed out that accessing the foreign government website to
retrieve and, further, modify the EASA AD with the exceptions contained
in the FAA AD, specifically to comply, has the potential for confusion,
especially with to the differing effective dates of the EASA AD and the
FAA AD. Summit suggested that the FAA instead copy the required actions
from the foreign AD into the FAA AD. The FAA also infers that Summit is
requesting that the FAA discontinue the incorporation by reference of
foreign ADs in all FAA ADs.
The FAA disagrees with the request. While this newer type of AD
format results in another document needing to be reviewed by the
mechanic, there is a benefit to operators that is not readily apparent.
Most MCAIs permit using future approved revisions of required and
related material without the need for an operator to request an
alternative method of compliance (AMOC). The FAA is not permitted to
include ``or future approved revisions'' directly in an AD. When an
MCAI is not incorporated by reference, the FAA would require operators
to be issued an AMOC allowing future, alleviating revisions of required
material. Therefore, this method minimizes the need for AMOCs. Finally,
since the MCAI is made available within the docket on regulations.gov
when the NPRM is published, it is unnecessary for a U.S.-based person
to access a foreign website to obtain a copy.
Conclusion
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 referenced above. The FAA reviewed the relevant data,
considered the comments received, and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. Except for
minor editorial changes, this AD is adopted as proposed in the NPRM.
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.
Costs of Compliance
The FAA estimates that this AD affects 145 engines installed on
helicopters of U.S. registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Perform consistency check........ 1 work-hour x $85 $0 $85 $12,325
per hour = $85.
----------------------------------------------------------------------------------------------------------------
[[Page 86265]]
The FAA estimates the following costs to do any necessary
recalibration that would be required based on the results of the
consistency check. The agency has no way of determining the number of
aircraft that might need recalibration:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Recalibrate conformation values and update 1 work-hour x $85 per hour = $0 $85
records. $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,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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 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 adding the following new airworthiness
directive:
2023-24-09 Safran Helicopter Engines, S.A. (Type Certificate
Previously Held by Turbomeca, S.A.): Amendment 39-22626; Docket No.
FAA-2023-1397; Project Identifier MCAI-2023-00014-E.
(a) Effective Date
This airworthiness directive (AD) is effective January 17, 2024.
(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 EASA 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 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 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 (EASA) AD 2022-0265R1,
dated January 6, 2023.
(ii) [Reserved]
(3) For EASA AD 2022-0265R1, contact EASA, Konrad-Adenauer-Ufer
3, 50668
[[Page 86266]]
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 material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on November 30, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-27257 Filed 12-12-23; 8:45 am]
BILLING CODE 4910-13-P
