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2023-01-11 SAFRAN HELICOPTER ENGINES, S.A. (TYPE CERTIFICATE PREVIOUSLY HELD BY TURBOMECA, S.A.): Amendment 39-22305; Docket No. FAA-2023-0020; Project Identifier MCAI-2022-01566-E.
(a) EFFECTIVE DATE

    This airworthiness directive (AD) is effective February 6, 2023.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This AD applies to all Safran Helicopter Engines, S.A.  (Type Certifi-
    cate previously  held  by  Turbomeca,  S.A.)  Makila 1A and Makila 1A1
    model turboshaft engines.

(d) SUBJECT

    Joint Aircraft System Component (JASC) Code 7200, Engine (Turbine/Tur-
    boprop).

(e) UNSAFE CONDITION

    This AD was prompted by reports of false engine fire warnings. The FAA
    is issuing this AD to  prevent false engine fire warnings.  The unsafe
    condition, if not addressed, could lead to commanded in-flight  engine
    shut-down, possibly resulting in damage to the helicopter and  reduced
    control of the helicopter.

(f) COMPLIANCE

    Comply with this AD within the compliance times specified,  unless al-
    ready 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-
    0244, dated December 8, 2022 (EASA AD 2022-0244).

(h) EXCEPTIONS TO EASA AD 2022-0244

(1) Where EASA AD 2022-0244  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 2022-0244.

(3) Although the service information referenced in EASA AD 2022-0244 spec-
    ifies to discard any removed fire detectors, this AD requires removing
    those parts from service.

(i) NO REPORTING REQUIREMENT

    Although the service information referenced in EASA AD 2022-0244 spec-
    ifies to submit certain information to the manufacturer,  this AD does
    not include that requirement.

(j) ALTERNATIVE METHODS OF COMPLIANCE (AMOCS)

(1) The Manager, ECO 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  certification
    office, 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 in-
    spector,  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, ECO Branch, FAA, 1200 District Avenue, Burlington, MA
    01803; 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 2022-0244 dated Decem-
    ber 8, 2022.

(ii) [Reserved]

(3) For EASA AD 2022-0244,  contact  EASA,  Konrad-Adenauer-Ufer 3,  50668
    Cologne, Germany;  phone: +49 221 8999 000; email: ADs@easa.europa.eu.
    You may find this material on the EASA website at ad.easa.europa.eu.

(4) You may view this service information at the FAA,  Airworthiness Prod-
    ucts Section, Operational Safety Branch,  1200 District Ave., Burling-
    ton, MA 01803. For information on the availability of this material at
    the FAA, call (817) 222-5110.

(5) You may view  this service information  that is incorporated by refer-
    ence at the National Archives and Records Administration  (NARA).  For
    information on the availability of this material  at NARA,  email: fr.
    inspection@nara.gov,  or go to: www.archives.gov/federal-register/cfr/
    ibr-locations.html.

Issued on January 13, 2023. Gaetano A. Sciortino, Acting Director, Compli-
ance & Airworthiness Division, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT: Kevin Clark,  Aviation  Safety  Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;  phone: (781)
238-7088; email: kevin.m.clark@faa.gov.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0020; Project Identifier MCAI-2022-01566-E;
Amendment 39-22305; AD 2023-01-11]
RIN 2120-AA64

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

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) Makila 1A and Makila 1A1 model
turboshaft engines. This AD was prompted by reports of false engine
fire warnings. This AD requires replacing the affected fire detectors,
as specified in a European Union Aviation Safety Agency (EASA) AD,
which is incorporated by reference. This AD also prohibits the
installation of affected fire detectors. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective February 6, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 6,
2023.
The FAA must receive comments on this AD by March 6, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0020; 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 incorporated by reference 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 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-2023-0020.

FOR FURTHER INFORMATION CONTACT: Kevin Clark, Aviation Safety Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
(781) 238-7088; email: kevin.m.clark@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-0020; Project Identifier MCAI-
2022-01566-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Kevin
Clark, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803. 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 2022-0244, dated December 8, 2022
(EASA AD 2022-0244), (also referred to as the MCAI), to correct an
unsafe condition for all Safran Makila 1A and Makila 1A1 model
turboshaft engines. The MCAI states that there were reports of false
engine fire warnings. The subsequent investigation results identified a
manufacturing non-compliance on the fire detectors, which caused a
shift of the detection threshold towards temperature values that are
lower than specified, potentially leading to a false engine fire
warning. When two engines on a helicopter are fitted with an affected
part, an engine fire warning could occur on both engines during the
same flight. This condition, if not addressed, could lead to commanded
in-flight engine shut-down, possibly resulting in damage to the
helicopter and reduced control of the helicopter.
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-2023-0020.

Related Service Information Under 1 CFR Part 51

The FAA reviewed EASA AD 2022-0244, which specifies procedures for
replacing affected fire detectors. 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
ADDRESSES.

FAA's Determination

These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above. The FAA is issuing this AD after determining
that the unsafe condition described previously is likely to exist or
develop on other products of these same type designs.

AD Requirements

This AD requires accomplishing the actions specified in EASA AD
2022-0244, except for any differences identified as exceptions in the
regulatory text of this AD. This AD also prohibits the installation of
affected fire detectors.

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 been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2022-0244 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2022-0244 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 EASA AD 2022-0244 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 2022-0244. Service information required by EASA AD
2022-0244 for compliance will be available at regulations.gov under
Docket No. FAA-2023-0020 after this AD is published.

Justification for Immediate Adoption and Determination of the Effective
Date


Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because fire detectors that do not conform to the type design could
lead to false engine fire warnings. Safran was informed of three
occurrences of illumination of the engine fire alarm without confirmed
fire (untimely illumination) on airframes equipped with affected fire
detectors. False engine fire warnings are an unsafe condition requiring
urgent corrective action because, if a helicopter is equipped with two
engines with an affected fire detector installed, an engine fire
warning could occur on both engines during the same flight. This unsafe
condition, if not addressed, could lead to commanded in-flight engine
shut-down, possibly resulting in damage to the helicopter and reduced
control the helicopter. Replacement of the fire detectors must be
accomplished within 30 flight hours or 60 days from the effective date
of this AD, whichever occurs first. Accordingly, notice and opportunity
for prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Regulatory Flexibility Act (RFA)

The requirements of the 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 1 engine installed on a
helicopter of U.S. registry. The FAA estimates the following costs to
comply with this AD:

Estimated Costs

Action
Labor cost
Parts cost
Cost per product
Cost on U.S. operators
Replace fire detectors 1 work-hour x $85 per hour = $85
$1,800
$1,885
$1,885

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: