Airworthiness Directives; Safran Helicopter Engines, S.A. (Type Certificate Previously Held by Turbomeca S.A.), 92789-92792 [2024-27641]
Download as PDF
Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations
acknowledges that ‘‘smoke’’ was
erroneously included in this definition,
as there are no corrections to reference
day conditions required for smoke
measurements. However, regarding
nvPM emissions, the FAA notes that
corrections to reference day conditions
are required, and that the measurement
instrumentation corrects to reference
day corrections.
For clarity, a commenter suggested
that the internal references in
§ 34.73(c)(1) include a greater level of
detail, specifically:
• Paragraph (c)(1)(i)(B), when
referencing ‘‘paragraph (c)(1),’’ should
reference ‘‘paragraph (c)(1)(i)(A).’’
• Paragraph (c)(1)(ii)(B), when
referencing ‘‘paragraph (c)(1),’’ should
reference ‘‘paragraph (c)(1)(ii)(A).’’
• Paragraph (c)(1)(ii)(C), when
referencing ‘‘paragraph (c)(1),’’ should
reference ‘‘paragraph (c)(1)(ii)(B).’’
• Paragraph (c)(1)(iii)(B), when
referencing ‘‘paragraph (c)(1),’’ should
reference ‘‘paragraph (c)(1)(iii)(A).’’
The FAA thanks this commentor for
its detailed and accurate suggestions.
The FAA is declining to make these
suggestions at this time, as such changes
are not necessary.
G. Average of One
A commenter noted that 14 CFR
37.73(c)(1)(iii)(D) requires an ‘‘average’’
of engines tested, but ‘‘[w]hat is missing
is saying that this average has to be done
if several engines have been tested.’’
The FAA concludes that adding
additional text to § 34.73(c)(1)(iii)(D) is
not necessary as taking the average of a
single engine does not change the
results of the calculations.
H. Comments in Support
B. Comments Submitted to the Docket
Comments received may be viewed by
going to www.regulations.gov and
following the online instructions to
search the docket number for this
action. Anyone is able to search the
electronic form of all comments
received into any of the FAA’s dockets
by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
C. Small Business Regulatory
Enforcement Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction.
A small entity with questions regarding
this document may contact its local
FAA official or the person listed under
the FOR FURTHER INFORMATION CONTACT
heading at the beginning of the
preamble. To find out more about
SBREFA on the internet, visit
www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
Issued under authority provided 49 U.S.C.
40101, et seq., in Washington, DC, on
November 18, 2024.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2024–27390 Filed 11–22–24; 8:45 am]
Finally, the FAA received positive
feedback from multiple organizations.
BILLING CODE 4910–13–P
Conclusion
After consideration of the comments
submitted in response to the final rule
with request for comment, the FAA has
determined that no further rulemaking
action is necessary. Therefore,
amendment 34–7 remains in effect.
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Copies may also be obtained by
sending a request (identified by notice,
amendment, or docket number of this
rulemaking) to the Federal Aviation
Administration, Office of Rulemaking,
ARM–1, 800 Independence Avenue SW,
Washington, DC 20591, or by calling
(202) 267–9680.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
How To Obtain Additional Information
[Docket No. FAA–2024–2537; Project
Identifier MCAI–2024–00631–E; Amendment
39–22892; AD 2024–24–02]
A. Rulemaking Documents
RIN 2120–AA64
An electronic copy of a rulemaking
document may be obtained by using the
internet—
1. Search the Federal eRulemaking
Portal (www.regulations.gov);
2. Visit the FAA’s Regulations and
Policies web page at www.faa.gov/
regulations_policies/ or
3. Access the Government Printing
Office’s web page at www.gpo.gov/fdsys/.
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Airworthiness Directives; Safran
Helicopter Engines, S.A. (Type
Certificate Previously Held by
Turbomeca S.A.)
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
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92789
The FAA is adopting a new
airworthiness directive (AD) for all
Safran Helicopter Engines, S.A. (Safran)
Model ARRIUS 2F engines. This AD
was prompted by a report of an
uncommanded in-flight shut-down
(IFSD) of a Safran Model ARRIUS 2F
engine, followed by an investigation
that revealed the IFSD was due to a
missing lubricating and balancing
groove on one of the bearings of the fuel
control unit (FCU) fuel pump related to
a non-conforming manufacturing
process. This AD requires removal of
the affected fuel pump from service and
replacement with a serviceable part, 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 December
10, 2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 10, 2024.
The FAA must receive comments on
this AD by January 9, 2025.
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–2024–2537; 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 EASA material identified in this
AD, 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 material at the
FAA, Operational Safety Branch, 1200
SUMMARY:
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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations
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–
2024–2537.
FOR FURTHER INFORMATION CONTACT:
David Bergeron, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:
(860) 386–1805; email:
david.j.bergeron@faa.gov.
SUPPLEMENTARY INFORMATION:
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Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2024–2537;
Project Identifier MCAI–2024–00631–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 David Bergeron,
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.
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Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA Emergency AD
2024–0202–E, dated October 22, 2024
(EASA AD 2024–0202–E) (also referred
to as the MCAI), to correct an unsafe
condition on all Safran Model ARRIUS
2F engines. The MCAI states that an
occurrence was reported of an
uncommanded IFSD of an ARRIUS 2F
engine, followed by a hard landing, and
that the following investigation revealed
that the IFSD was caused by a missing
lubricating and balancing groove on one
of the bearings of the FCU fuel pump
due to a non-conforming manufacturing
process. A subsequent quality analysis
identified a population of FCUs possibly
affected by the non-conforming
manufacturing process. This condition,
if not corrected, could result in a
significant reduction of the control of a
single engine helicopter.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2024–2537.
Material Incorporated by Reference
Under 1 CFR Part 51
The FAA reviewed EASA AD 2024–
0202–E, which specifies procedures for
replacement of the affected parts with
serviceable parts. The MCAI also
specifies prohibiting installation of
affected parts on an engine. 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 the
ADDRESSES section.
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 referenced
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 requires accomplishing the
actions specified in the material already
described, except for any differences
identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
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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, EASA AD
2024–0202–E will be incorporated by
reference in this final rule. This AD,
therefore, requires compliance with
EASA AD 2024–0202–E in its entirety
through that incorporation, except for
any differences identified as exceptions
in the regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in the
EASA AD does not mean that operators
need comply only with that section. For
example, where the AD requirement
refers to ‘‘all required actions and
compliance times,’’ compliance with
this AD requirement is not limited to
the section titled ‘‘Required Action(s)
and Compliance Time(s)’’ in EASA AD
2024–0202–E. Service information
required by the EASA AD for
compliance is available at
regulations.gov under Docket No. FAA–
2024–2537.
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 forgoing notice
and comment prior to adoption of this
rule because missing lubricating and
balancing grooves on the bearings of the
FCU fuel pump, if not corrected, could
result in an uncommanded IFSD, and a
significant reduction of the control of a
single engine helicopter. The FAA has
determined that because this condition
can occur without warning, these FCUs
need to be removed from service within
15 flight hours or 30 days, whichever
occurs first after the effective date of
this AD. These compliance times are
shorter than the time necessary for the
public to comment and for publication
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of the final rule. Accordingly, notice
and opportunity for prior public
comment are impracticable and contrary
to the public interest pursuant to 5
U.S.C. 553(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 the
FAA has determined that it has good
92791
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 5 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 the FCU ............................................
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.
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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,
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.
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Parts cost
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
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:
■
2024–24–02 Safran Helicopter Engines,
S.A. (Type Certificate Previously Held
by Turbomeca S.A.): Amendment 39–
22892; Docket No. FAA–2024–2537;
Project Identifier MCAI–2024–00631–E.
(a) Effective Date
This airworthiness directive (AD) is
effective December 10, 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 2F
engines, as identified in European Union
Aviation Safety Agency (EASA) Emergency
AD 2024–0202–E, dated October 22, 2024
(EASA AD 2024–0202–E).
(d) Subject
Joint Aircraft System Component (JASC)
Code 7314, Engine Fuel Pump.
(e) Unsafe Condition
This AD was prompted by a report of an
uncommanded in-flight shut-down (IFSD) of
a Safran Model ARRIUS 2F engine, followed
by an investigation that revealed the IFSD
was due to a missing lubricating and
balancing groove on one of the bearings of
the fuel control unit (FCU) fuel pump related
to a non-conforming manufacturing process.
The FAA is issuing this AD to detect and
correct missing lubricating and balancing
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$20,650
Cost per
product
$20,735
Cost on U.S.
operators
$103,675
grooves on the bearings of the FCU fuel
pump. The unsafe condition, if not
addressed, could result in an uncommanded
IFSD and a significant reduction of the
control of a single engine 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: Do all required actions within
the compliance times specified in, and in
accordance with EASA AD 2024–0202–E.
(h) Exceptions to EASA AD 2024–0202–E
(1) Where EASA AD 2024–0202–E requires
compliance from its effective date, this AD
requires using the effective date of this AD.
(2) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2024–0202–E.
(3) Although the service information
referenced in EASA AD 2024–0202–E
specifies to return the FCU to a Repair Center
approved by Safran Helicopter Engines, this
AD requires removing those parts from
service.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2024–0202–E
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: 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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(k) Additional Information
For more information about this AD,
contact David Bergeron, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (860) 386–
1805; email: david.j.bergeron@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as
applicable to do the actions required by this
AD, unless the AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) Emergency AD 2024–0202–E, dated
October 22, 2024.
(ii) [Reserved]
(3) For EASA material identified in this
AD, contact EASA, Konrad-Adenauer-Ufer 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
(4) You may view this material at the FAA,
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 20, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance &
Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2024–27641 Filed 11–21–24; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2024–2524; Airspace
Docket No. 24–AWA–3]
RIN 2120–AA66
Amendment of Class C Airspace;
Austin, TX
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends the
Austin-Bergstrom International Airport,
TX, Class C airspace description by
updating the airport reference point
(ARP) geographic coordinates for the
Austin-Bergstrom International Airport
to match the FAA’s National Airspace
System Resource (NASR) database.
Additionally, minor editorial changes
are made to the airspace description
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SUMMARY:
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header information format. This action
does not change the boundaries,
altitudes, or operating requirements of
the Class C airspace area.
DATES: Effective date 0901 UTC,
February 20, 2025. 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 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 7400.11J, 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, Policy
Directorate, Federal Aviation
Administration, 600 Independence
Avenue SW, Washington DC 20597;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Rules and Regulations
Group, Policy Directorate, Federal
Aviation Administration, 600
Independence Avenue SW, Washington,
DC 20597; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
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 the 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 updates the
information in the Austin-Bergstrom
International Airport, TX, Class C
airspace description to match the FAA
NASR database.
History
During a recent review of the AustinBergstrom International Airport, TX,
Class C airspace description, the FAA
identified that the Austin-Bergstrom
International Airport ARP geographic
coordinates were incorrect. This action
updates the airport ARP geographic
coordinates to match the FAA NASR
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database information and makes minor
editorial changes to the airspace
description header format. There are no
changes to the boundaries, altitudes, or
operating requirements of the Class C
airspace area resulting from this action.
Incorporation by Reference
Class C airspace areas are published
in paragraph 4000 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 7400.11J, dated July 31, 2024,
and effective September 15, 2024. FAA
Order JO 7400.11J 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 7400.11J lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by
updating the Austin-Bergstrom
International Airport, TX, Class C
airspace description. The airport ARP
geographic coordinates are updated
from ‘‘lat. 30°11′41″ N, long. 97°40′12″
W’’ to ‘‘lat. 30°11′40″ N, long. 97°40′12″
W’’ to match the FAA NASR database
information. Additionally, the airport
name is removed from the first line in
the text header of the description and
replaced by the city location of the
airport to follow the current formatting
standard.
This action consists of administrative
changes only and does not affect the
boundaries, altitudes, or operating
requirements of the Class C airspace.
Therefore, notice and public procedure
under 5 U.S.C. 553(b) is unnecessary.
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
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
E:\FR\FM\25NOR1.SGM
25NOR1
Agencies
[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Rules and Regulations]
[Pages 92789-92792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27641]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2537; Project Identifier MCAI-2024-00631-E;
Amendment 39-22892; AD 2024-24-02]
RIN 2120-AA64
Airworthiness Directives; Safran Helicopter Engines, S.A. (Type
Certificate Previously Held by Turbomeca S.A.)
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Safran Helicopter Engines, S.A. (Safran) Model ARRIUS 2F engines. This
AD was prompted by a report of an uncommanded in-flight shut-down
(IFSD) of a Safran Model ARRIUS 2F engine, followed by an investigation
that revealed the IFSD was due to a missing lubricating and balancing
groove on one of the bearings of the fuel control unit (FCU) fuel pump
related to a non-conforming manufacturing process. This AD requires
removal of the affected fuel pump from service and replacement with a
serviceable part, 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 December 10, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 10,
2024.
The FAA must receive comments on this AD by January 9, 2025.
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-2024-2537; 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 EASA material identified in this AD, 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 material at the FAA, Operational Safety
Branch, 1200
[[Page 92790]]
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-2024-2537.
FOR FURTHER INFORMATION CONTACT: David Bergeron, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (860) 386-1805; 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 an address listed under
ADDRESSES. Include ``Docket No. FAA-2024-2537; Project Identifier MCAI-
2024-00631-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 David
Bergeron, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2024-0202-E, dated October
22, 2024 (EASA AD 2024-0202-E) (also referred to as the MCAI), to
correct an unsafe condition on all Safran Model ARRIUS 2F engines. The
MCAI states that an occurrence was reported of an uncommanded IFSD of
an ARRIUS 2F engine, followed by a hard landing, and that the following
investigation revealed that the IFSD was caused by a missing
lubricating and balancing groove on one of the bearings of the FCU fuel
pump due to a non-conforming manufacturing process. A subsequent
quality analysis identified a population of FCUs possibly affected by
the non-conforming manufacturing process. This condition, if not
corrected, could result in a significant reduction of the control of a
single engine helicopter.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-2537.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2024-0202-E, which specifies procedures
for replacement of the affected parts with serviceable parts. The MCAI
also specifies prohibiting installation of affected parts on an engine.
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 the ADDRESSES section.
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 referenced 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 requires accomplishing the actions specified in the
material already described, except for any differences identified as
exceptions in the regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has since
coordinated with other manufacturers and CAAs to use this process. As a
result, EASA AD 2024-0202-E will be incorporated by reference in this
final rule. This AD, therefore, requires compliance with EASA AD 2024-
0202-E in its entirety through that incorporation, except for any
differences identified as exceptions in the regulatory text of this AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in EASA AD 2024-0202-E. Service information
required by the EASA AD for compliance is available at regulations.gov
under Docket No. FAA-2024-2537.
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 forgoing notice and comment prior to adoption of this rule
because missing lubricating and balancing grooves on the bearings of
the FCU fuel pump, if not corrected, could result in an uncommanded
IFSD, and a significant reduction of the control of a single engine
helicopter. The FAA has determined that because this condition can
occur without warning, these FCUs need to be removed from service
within 15 flight hours or 30 days, whichever occurs first after the
effective date of this AD. These compliance times are shorter than the
time necessary for the public to comment and for publication
[[Page 92791]]
of the final rule. Accordingly, notice and opportunity for prior public
comment are impracticable and contrary to the public interest pursuant
to 5 U.S.C. 553(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 the 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 5 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 the FCU....................... 1 work-hour x $85 per $20,650 $20,735 $103,675
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 adding the following new airworthiness
directive:
2024-24-02 Safran Helicopter Engines, S.A. (Type Certificate
Previously Held by Turbomeca S.A.): Amendment 39-22892; Docket No.
FAA-2024-2537; Project Identifier MCAI-2024-00631-E.
(a) Effective Date
This airworthiness directive (AD) is effective December 10,
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 2F
engines, as identified in European Union Aviation Safety Agency
(EASA) Emergency AD 2024-0202-E, dated October 22, 2024 (EASA AD
2024-0202-E).
(d) Subject
Joint Aircraft System Component (JASC) Code 7314, Engine Fuel
Pump.
(e) Unsafe Condition
This AD was prompted by a report of an uncommanded in-flight
shut-down (IFSD) of a Safran Model ARRIUS 2F engine, followed by an
investigation that revealed the IFSD was due to a missing
lubricating and balancing groove on one of the bearings of the fuel
control unit (FCU) fuel pump related to a non-conforming
manufacturing process. The FAA is issuing this AD to detect and
correct missing lubricating and balancing grooves on the bearings of
the FCU fuel pump. The unsafe condition, if not addressed, could
result in an uncommanded IFSD and a significant reduction of the
control of a single engine 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: Do all
required actions within the compliance times specified in, and in
accordance with EASA AD 2024-0202-E.
(h) Exceptions to EASA AD 2024-0202-E
(1) Where EASA AD 2024-0202-E requires compliance from its
effective date, this AD requires using the effective date of this
AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0202-E.
(3) Although the service information referenced in EASA AD 2024-
0202-E specifies to return the FCU to a Repair Center approved by
Safran Helicopter Engines, this AD requires removing those parts
from service.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2024-
0202-E 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.
[[Page 92792]]
(k) Additional Information
For more information about this AD, contact David Bergeron,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (860) 386-1805; email:
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless the AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) Emergency AD
2024-0202-E, dated October 22, 2024.
(ii) [Reserved]
(3) For EASA material identified in this AD, 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
(4) You may view this material at the FAA, 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 20, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-27641 Filed 11-21-24; 11:15 am]
BILLING CODE 4910-13-P