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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
 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:*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( print 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: 
                        *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 
                    ( print 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
Action
Labor cost
Parts cost
Cost per
                             product
Cost on U.S.
                             operatorsReplace the FCU
1 work-hour × $85 per hour = $85
$20,650
$20,735
$103,675
 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. § 39.13
 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 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.
                            ( print 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: 
                            *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