[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Proposed Rules]
[Pages 60896-60899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18930]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / 
Proposed Rules

[[Page 60896]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1811; Project Identifier MCAI-2023-00146-E]
RIN 2120-AA64


Airworthiness Directives; GE Aviation Czech s.r.o. (Type 
Certificate Previously Held by WALTER Engines a.s., Walter a.s., and 
MOTORLET a.s.) Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2023-01-07, which applies to all GE Aviation Czech s.r.o. (GEAC) (type 
certificate previously held by WALTER Engines a.s., Walter a.s., and 
MOTORLET a.s.) Model H75-100, H75-200, H80, H80-100, H80-200, H85-100, 
and H85-200 engines. AD 2023-01-07 requires revising the airworthiness 
limitations section (ALS) of the existing engine maintenance manual 
(EMM) and the operator's existing approved maintenance or inspection 
program, as applicable, to incorporate updated coefficients and 
recalculate the cycles accumulated on critical parts. Since the FAA 
issued AD 2023-01-07, the manufacturer revised the ALS of the EMM to 
introduce new and more restrictive airworthiness limitations and 
associated thresholds and intervals for life-limited parts, which 
prompted this proposed AD. This proposed AD would require revising the 
ALS of the existing EMM and the operator's existing approved engine 
maintenance or inspection program, as applicable, to incorporate new 
and more restrictive instructions and associated thresholds and 
intervals for life-limited parts, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is proposed for incorporation 
by reference (IBR). The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this NPRM by October 23, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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-2023-1811; 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:
    <bullet> For service information that is proposed for IBR in this 
NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +49 221 8999 000; email: <a href="/cdn-cgi/l/email-protection#0b4a4f784b6e6a786a256e7e79647b6a256e7e"><span class="__cf_email__" data-cfemail="befffacdfedbdfcddf90dbcbccd1cedf90dbcb">[email protected]</span></a>; website: 
easa.europa.eu. You may find this material on the EASA website at 
ad.easa.europa.eu. It is also available at regulations.gov under Docket 
No. FAA-2023-1811.
    <bullet> 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.

FOR FURTHER INFORMATION CONTACT: Barbara Caufield, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (781) 238-7146; email: <a href="/cdn-cgi/l/email-protection#086a697a6a697a69266b697d6e616d646c486e6969266f677e"><span class="__cf_email__" data-cfemail="0b696a79696a796a25686a7e6d626e676f4b6d6a6a256c647d">[email protected]</span></a>.

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 ADDRESSES. Include ``Docket No. FAA-2023-1811; Project Identifier 
MCAI-2023-00146-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 
the 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 
Barbara Caufield, 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

    The FAA issued AD 2023-01-07, Amendment 39-22301 (88 FR 7355, 
February 3, 2023; corrected February 16, 2023 (88 FR 10013)) (AD 2023-
01-07), for all GEAC Model H75-100, H75-200, H80, H80-100, H80-200, 
H85-100, and H85-200 engines. AD 2023-01-07 was prompted by an MCAI 
originated by

[[Page 60897]]

EASA, which is the Technical Agent for the Member States of the 
European Union. EASA issued EASA AD 2022-0008, dated January 19, 2022 
(EASA AD 2022-0008), to address an unsafe condition identified as 
failure of the engine. EASA AD 2022-0008 stated that the airworthiness 
limitations for H series engine models have been identified as 
mandatory for continued airworthiness, and that failure to accomplish 
these instructions could result in an unsafe condition. EASA AD 2022-
0008 also explained that the manufacturer published a revised ALS to 
introduce updated coefficients for the calculation of the cyclic life 
and safe life for the main shaft.
    AD 2023-01-07 requires revising the ALS of the existing EMM and the 
operator's existing approved maintenance or inspection program, as 
applicable, to incorporate updated coefficients and recalculate the 
cycles accumulated on critical parts. The FAA issued AD 2023-01-07 to 
prevent failure of the engine.

Actions Since AD 2023-01-07 Was Issued

    Since the FAA issued AD 2023-01-07, EASA superseded EASA AD 2022-
0008 and issued EASA AD 2023-0021, dated January 23, 2023 (EASA AD 
2023-0021) (also referred to after this as the MCAI). The MCAI states 
that the manufacturer revised the ALS to introduce new and more 
restrictive instructions and associated thresholds and intervals for 
life-limited parts. The MCAI also states that GEAC published an Alert 
Service Bulletin, ASB-H75-72-10-00-0062, ASB-H80-72-10-00-0107, ASB-
H85-72-10-00-0051, ASB-M601F-72-10-00-0070, ASB-M601E-72-10-00-0120, 
ASB-M601D-72-10-00-0087 and ASB-M601Z-72-10-00-0069; Revision 1, dated 
January 20, 2023, published as a single document, which provides 
instructions to determine the accumulated life of certain propeller 
shafts.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1811.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0021, which specifies procedures for 
operators to revise the ALS of the existing EMM and the operator's 
existing approved engine maintenance or inspection program, as 
applicable, to incorporate new and more restrictive instructions and 
associated thresholds and intervals for life-limited parts, as 
applicable to each engine model.
    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.

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 the MCAI described previously, except for any differences identified 
as exceptions in the regulatory text of this proposed AD and as 
discussed under ``Differences Between this Proposed AD and the MCAI.'' 
The owner/operator (pilot) holding at least a private pilot certificate 
may revise the ALS of the existing EMM and must enter compliance with 
the applicable paragraph of this proposed AD into the engine 
maintenance records in accordance with 14 CFR 43.9(a) and 
91.417(a)(2)(v). The pilot may perform this action because it only 
involves revising the pilot's manual. This action could be performed 
equally well by a pilot or a mechanic. This is an exception to the 
FAA's standard maintenance regulations.

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 2023-0021 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with EASA AD 2023-0021 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 2023-0021. Service information required by the EASA AD for 
compliance will be available at regulations.gov by searching for and 
locating Docket No. FAA-2023-1811 after the FAA final rule is 
published.

Differences Between This Proposed AD and the MCAI

    Where EASA AD 2023-0021 defines the AMP as the approved Aircraft 
Maintenance Programme containing the tasks on the basis of which the 
scheduled maintenance is conducted to ensure the continuing 
airworthiness of each operated engine, this proposed AD defines the AMP 
as the aircraft maintenance program containing the tasks on the basis 
of which the scheduled maintenance is conducted to ensure the 
continuing airworthiness of each operated airplane.
    Where EASA AD 2023-0021 defines the ALS as the Airworthiness 
Limitations Section of the GEAC EMM No. 0983402 Revision 25, dated 
November 21, 2022, this proposed AD defines the ALS as the 
airworthiness limitations section of the GEAC EMM No. 0983402 Revision 
26, dated February 1, 2023. The ALS in Revision 26 of the EMM is 
unchanged from Revision 25 of the EMM.
    Where paragraph (3) of EASA AD 2023-0021 specifies revising the 
approved Aircraft Maintenance Programme within 12 months after the 
effective date of EASA AD 2023-0021, this proposed AD would require 
revising the ALS of the existing approved engine maintenance or 
inspection program, as applicable, within 90 days after the effective 
date of this AD.
    This proposed AD would not require compliance with paragraphs (1), 
(2), (4), and (5) of EASA AD 2023-0021.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 33 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

[[Page 60898]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise the ALS........................  1 work-hour x $85 per                 $0             $85          $2,805
                                         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

    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 that the 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

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:
0
a. Removing Airworthiness Directive 2023-01-07, Amendment 39-22301 (88 
FR 7355, February 3, 2023; corrected February 16, 2023 (88 FR 10013)); 
and
0
b. Adding the following new airworthiness directive:

GE Aviation Czech s.r.o. (Type Certificate Previously held by WALTER 
Engines a.s., Walter a.s., and MOTORLET a.s.): Docket No. FAA-2023-
1811; Project Identifier MCAI-2023-00146-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 23, 2023.

(b) Affected ADs

    This AD replaces AD 2023-01-07, Amendment 39-22301 (88 FR 7355, 
February 3, 2023; corrected February 16, 2023 (88 FR 10013)).

(c) Applicability

    This AD applies to GE Aviation Czech s.r.o. (Type Certificate 
Previously held by WALTER Engines a.s., Walter a.s., and MOTORLET 
a.s.) Model H75-100, H75-200, H80, H80-100, H80-200, H85-100, and 
H85-200 engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine 
(Turbine/Turboprop).

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the 
airworthiness limitations section (ALS) of the existing engine 
maintenance manual (EMM) to introduce new and more restrictive 
airworthiness limitations and associated thresholds and intervals 
for life-limited parts. The FAA is issuing this AD to prevent 
failure of the engine. The unsafe condition, if not addressed, could 
result in uncontained release of a critical part, damage to the 
engine, and damage to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Except as specified in paragraph (h) of this AD: Perform all 
required actions within the compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2023-0021, dated January 23, 2023 (EASA AD 2023-0021).
    (2) The action required by paragraph (g)(1) of this AD may be 
performed by the owner/operator (pilot) holding at least a private 
pilot certificate and must be entered into the aircraft records 
showing compliance with this AD in accordance with 14 CFR 43.9(a) 
and 91.417(a)(2)(v). The record must be maintained as required by 14 
CFR 91.417, 121.380, or 135.439.

(h) Exceptions to EASA AD 2023-0021

    (1) Where EASA AD 2023-0021 defines the AMP as ``the approved 
Aircraft Maintenance Programme containing the tasks on the basis of 
which the scheduled maintenance is conducted to ensure the 
continuing airworthiness of each operated engine,'' for this AD, 
replace that text with, ``the aircraft maintenance program 
containing the tasks on the basis of which the scheduled maintenance 
is conducted to ensure the continuing airworthiness of each operated 
airplane.''
    (2) Where EASA AD 2023-0021 defines the ALS as ``the 
Airworthiness Limitations Section of GEAC EMM No. 0983402 Revision 
25, dated November 21, 2022,'' for this AD, replace that text with, 
``the airworthiness limitations section of GEAC EMM No. 0983402 
Revision 26, dated February 1, 2023.'' The ALS in Revision 26 of the 
EMM is unchanged from Revision 25 of the EMM.
    (3) Where EASA AD 2023-0021 refers to its effective date, this 
AD requires using the effective date of this AD.
    (4) Where paragraph (3) of EASA AD 2023-0021 specifies revising 
``the approved AMP within 12 months after the effective date of EASA 
AD 2023-0021,'' replace that text with, ``the ALS of the existing 
approved engine maintenance or inspection program, as applicable, 
within 90 days after the effective date of this AD.''
    (5) This AD does not require compliance with paragraphs (1), 
(2), (4), and (5) of EASA AD 2023-0021.
    (6) This AD does not adopt the Remarks paragraph of EASA AD 
2023-0021.

(i) Provisions for Alternative Actions and Intervals

    After performing the actions required by paragraph (g) of this 
AD, no alternative actions and associated thresholds and intervals, 
including life limits, are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2023-0021.

(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

[[Page 60899]]

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 <a href="/cdn-cgi/l/email-protection#b4f5faf199f5f099f5f9fbf7f4d2d5d59ad3dbc2"><span class="__cf_email__" data-cfemail="e6a7a8a3cba7a2cba7aba9a5a6808787c8818990">[email protected]</span></a>.
    (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 Barbara Caufield, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (781) 238-7146; email: 
<a href="/cdn-cgi/l/email-protection#45272437272437246b262430232c202921052324246b222a33"><span class="__cf_email__" data-cfemail="dab8bba8b8bba8bbf4b9bbafbcb3bfb6be9abcbbbbf4bdb5ac">[email protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 AD 2023-0021, dated 
January 23, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0021, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
<a href="/cdn-cgi/l/email-protection#bafbfec9fadfdbc9db94dfcfc8d5cadb94dfcf"><span class="__cf_email__" data-cfemail="4b0a0f380b2e2a382a652e3e39243b2a652e3e">[email protected]</span></a>; 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 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 service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: <a href="/cdn-cgi/l/email-protection#2244500c4b4c51524741564b4d4c624c4350430c454d54"><span class="__cf_email__" data-cfemail="94f2e6bafdfae7e4f1f7e0fdfbfad4faf5e6f5baf3fbe2">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 25, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-18930 Filed 9-5-23; 8:45 am]
BILLING CODE 4910-13-P


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