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.

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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: 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 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:

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
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

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

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: