DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1691; Project Identifier MCAI-2023-01269-E]
RIN 2120-AA64

Airworthiness Directives; Safran Helicopter Engines, S.A. (Type
Certificate Previously Held by Turbomeca, S.A.) Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Safran Helicopter Engines, S.A. (Safran) (type certificate
previously held by Turbomeca, S.A.) Model Makila 1A, Makila 1A1, and
Makila 1A2 engines. This proposed AD was prompted by a determination
that the accumulated service life of certain critical parts was
underestimated. This proposed AD would require determining the
recalculated service life of certain critical parts, would require
replacing the parts if necessary, and would also specify conditions for
installing the parts, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is proposed for incorporation by reference. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this NPRM by August 5, 2024.

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-2024-1691; 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 NPRM, 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, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
ADs@easa.europa.eu; website: ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA-2024-1691.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: 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:

Comments Invited

The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2024-1691;
Project Identifier MCAI-2023-01269-E'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data. The FAA will consider all comments received by the
closing date and may amend this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. 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 AD 2023-0218, dated December 19, 2023
(EASA AD 2023-0218) (also referred to as the MCAI), to address an
unsafe condition on Safran Model Makila 1A, Makila 1A1, and Makila 1A2
engines. The MCAI states that it has been determined that the
accumulated service life of certain critical parts was underestimated.
To address this potential unsafe condition, the manufacturer published
service information that identifies the affected parts and provides
instructions for recalculating the service life and replacing the
affected parts. The MCAI specifies determining the recalculated service
life of the affected parts and replacing if necessary. The MCAI also
specifies conditions for installing the affected parts. This unsafe
condition, if not addressed, could lead to operation of the affected
parts beyond the part life, which could cause the failure of affected
parts, possibly resulting in uncontained debris release with consequent
damage to the helicopter and reduced control of the helicopter.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-1691.

Related Material Under 1 CFR Part 51

The FAA reviewed EASA AD 2023-0218, which specifies determining the
recalculated service life of affected parts and replacing the affected
parts, if necessary. EASA AD 2023-0218 also specifies conditions for
installing the affected parts. 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 NPRM after
determining that the unsafe condition described previously is likely to
exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0218 described previously, 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, the FAA proposes to incorporate by reference EASA AD 2023-0218
in the FAA final rule. This proposed AD would, therefore, require
compliance with EASA AD 2023-0218 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this proposed 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 within the
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
EASA AD 2023-0218. Service information required by the EASA AD for
compliance will be available at regulations.gov under Docket No. FAA-
2024-1691 after the FAA final rule is published.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 0 engines installed on helicopters of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:

Estimated Costs

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: