[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Proposed Rules]
[Pages 52106-52109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20230]


========================================================================
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. 86, No. 179 / Monday, September 20, 2021 / 
Proposed Rules

[[Page 52106]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0793; Project Identifier MCAI-2021-00372-E]
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: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2005-12-08, which applies to Safran Helicopter Engines, S.A. (Safran 
Helicopter Engines) Arrius 2B1, 2B1A, 2B1A-1, and 2B2 model turboshaft 
engines. AD 2005-12-08 requires replacing the software in the engine 
electronic control unit (EECU). Since the FAA issued AD 2005-12-08, the 
manufacturer determined that certain previously affected EECUs are not 
subject to the unsafe condition identified in AD 2005-12-08. This 
proposed AD would retain the requirements of AD 2005-12-08 for engines 
with a certain EECU part number (P/N) installed. This proposed AD would 
also prohibit installation of an affected EECU onto any engine. The FAA 
is proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 4, 
2021.

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 https://www.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.
    For service information identified in this NPRM, contact Safran 
Helicopter Engines, S.A., Avenue du 1er Mai, 40220 Tarnos, France; 
phone: +33 (0) 5 59 74 45 00. 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 (781) 238-7759.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0793; 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.

FOR FURTHER INFORMATION CONTACT: Wego Wang, Aviation Safety Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
(781) 238-7134; fax: (781) 238-7199; email: <a href="/cdn-cgi/l/email-protection#691e0c0e06471e08070e290f0808470e061f"><span class="__cf_email__" data-cfemail="0f786a686021786e61684f696e6e21686079">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2021-0793; Project 
Identifier MCAI-2021-00372-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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact we receive about this proposed AD.

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 Wego 
Wang, 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

    The FAA issued AD 2005-12-08, Amendment 39-14124 (70 FR 34334, June 
14, 2005), (AD 2005-12-08), for all Turbomeca S.A. (Turbomeca) Arrius 
2B1, 2B1A, 2B1A-1, and 2B2 model turboshaft engines. AD 2005-12-08 was 
prompted by a report of simultaneous loss of automatic control of both 
engines of an Airbus Helicopters Deutschland (formerly Eurocopter 
Deutschland) EC135 helicopter during flight. AD 2005-12-08 requires 
replacing the software in the EECU. The agency issued AD 2005-12-08 to 
prevent simultaneous loss of automatic control of both engines and 
subsequent loss of control of the helicopter.

Actions Since AD 2005-12-08 Was Issued

    Since the FAA issued AD 2005-12-08, the European Union Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Community, has issued EASA AD 2021-0088, dated 
March 24, 2021.

[[Page 52107]]

EASA AD 2021-0088 was revised by EASA AD 2021-0088R1, dated July 26, 
2021 (EASA AD 2021-0088R1) (referred to after this as ``the MCAI''), to 
address the unsafe condition on these products. The MCAI states:

    An occurrence was reported of simultaneous loss of automatic 
control in flight of both ARRIUS 2B1 engines on an EC135 T1 
helicopter. Loss of automatic control would result, for each engine, 
from a difference between the position datum of the fuel metering 
valve and its measured position.
    This condition, if not corrected, could lead to increased work 
for flight crew during certain flight phases, possibly resulting in 
reduced control of the helicopter.
    To address this potential unsafe condition, Turbom[eacute]ca 
developed mod TU80C, TU81C, TU82C and TU90C to improve the DECU 
software for ARRIUS 2B1 engines without overspeed option, ARRIUS 2B1 
engines with overspeed option, ARRIUS 2B1A and ARRIUS 2B2 engines, 
and DGAC France issued AD F-2004-017 (later revised) to require 
engine modification.
    Since that [DGAC France] AD was issued, it was determined that a 
DECU having a P/N which corresponds to Turbom[eacute]ca mod TU80C, 
TU81C, TU82C, TU90C or later software is not affected by the 
software modification requirement. DGAC France AD F-2004-017R1 did 
not specifically identify any affected DECU P/N(s).
    For the reason described above, this [EASA] AD retains the 
requirements of DGAC France AD F-2004-017R1 (EASA approval 2004-
1618), which is superseded, and limits the required actions to 
engines with an affected DECU P/N installed. This [EASA] AD also 
prohibits (re)installation of affected DECU on any engine.
    This [EASA] AD is revised to provide clarification on affected 
and serviceable DECU.

    You may obtain further information by examining the MCAI in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0793.
    In addition, Turbomeca issued Mandatory Service Bulletin (MSB) No. 
319 73 2082, Version D, dated June 6, 2011. The manufacturer discovered 
an error in Version C of the MSB and determined that the requirement to 
replace the EECU or upgrade the EECU software should be applicable to 
only engines with a certain EECU P/N installed.

FAA's Determination

    This product has been approved by EASA and is approved for 
operation in the United States. Pursuant to our bilateral agreement 
with the European Community, EASA has notified the FAA of the unsafe 
condition described in the MCAI and service information. The FAA is 
issuing this NPRM because the agency evaluated all the relevant 
information provided by EASA and determined the unsafe condition 
described previously is likely to exist or develop in other products of 
the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Turbomeca Mandatory Service Bulletin (MSB) No. 319 
73 2080, Update No. 1, dated February 13, 2004; Turbomeca MSB No. 319 
73 2081, Update No. 1, dated February 13, 2004; Turbomeca MSB No. 319 
73 2082, Update No. 1, dated February 13, 2004, Version C, dated July 
31, 2008, and Version D, dated June 6, 2011; and Turbomeca MSB No. 319 
73 2090, Original Issue, dated February 13, 2004. This service 
information specifies procedures for upgrading the EECU by either 
replacing the EECU or by uploading the software to the EECU. These 
documents are distinct since they apply to different engine models in 
different configurations. The Director of the Federal Register 
previously approved Turbomeca MSB No. 319 73 2080, Update No. 1, dated 
February 13, 2004; Turbomeca MSB No. 319 73 2081, Update No. 1, dated 
February 13, 2004; Turbomeca MSB No. 319 73 2082, Update No. 1, dated 
February 13, 2004; and Turbomeca MSB No. 319 73 2090, Original Issue, 
dated February 13, 2004 for incorporation by reference on June 29, 2005 
(70 FR 34334, June 14, 2005). 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.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all the requirements of AD 2005-12-
08. This proposed AD would require replacement of the EECU or upgrade 
of the EECU software for engines with a certain EECU P/N installed. 
This proposed AD would also prohibit installation of an affected EECU 
onto any engine.

Differences Between the Proposed AD and MCAI or Service Information

    EASA AD 2021-0088R1, dated July 26, 2021, uses the term digital 
engine control unit (DECU), whereas the Turbomeca MSBs and this 
proposed AD use EECU. These terms refer to the same part.
    Turbomeca MSB No. 319 73 2080, Update No. 1, dated February 13, 
2004; Turbomeca MSB No. 319 73 2081, Update No. 1, dated February 13, 
2004; Turbomeca MSB No. 319 73 2082, Update No. 1, dated February 13, 
2004, Version C, dated July 31, 2008, and Version D, dated June 6, 
2011; and Turbomeca MSB No. 319 73 2090, Original Issue, dated February 
13, 2004, instruct operators to notify Turbomeca that the EECUs have 
been replaced by returning the completed compliance certificate. This 
proposed AD would not mandate returning the completed compliance 
certificate to Turbomeca.
    EASA AD 2021-0088R1 and the Turbomeca service information reference 
Arrius 2B1A_1 or Arrius 2B1A-1 model turboshaft engines, whereas this 
AD references Arrius 2B1A model turboshaft engines. Arrius 2B1A_1 model 
turboshaft engines are Arrius 2B1A model turboshaft engines with 
modification (mod) TU45C.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 221 engines installed on helicopters of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace the EECU......................  1 work-hour x $85 per            $35,000         $35,085      $7,753,785
                                         hour = $85.
Upgrade the EECU software.............  2 work-hours x $85 per                 0             170          37,570
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

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.

[[Page 52108]]

    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 has 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 2005-12-08, Amendment 39-14124 (70 
FR 34334, June 14, 2005); and
0
b. Adding the following new airworthiness directive:

Safran Helicopter Engines, S.A. (Type Certificate previously held by 
Turbomeca S.A.): Docket No. FAA-2021-0793; Project Identifier MCAI-
2021-00372-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 4, 2021.

(b) Affected ADs

    This AD replaces AD 2005-12-08, Amendment 39-14124 (70 FR 34334, 
June 14, 2005) (AD 2005-12-08).

(c) Applicability

    This AD applies to Safran Helicopter Engines, S.A. (Type 
Certificate previously held by Turbomeca S.A.) Arrius 2B1, Arrius 
2B1A, (including those that embody modification (mod) TU45C, 
identified as Arrius 2B1A_1) and Arrius 2B2 model turboshaft engines 
with an installed engine electronic control unit (EECU) having part 
number (P/N) 70EMF01080 or 70EMF01090--for Arrius 2B1 model 
turboshaft engines without overspeed protection option (TU 19C); P/N 
70EMF01100 or P/N 70EMF01120--for Arrius 2B1 model turboshaft 
engines with overspeed protection option (TU 67C or TU 23C); P/N 
70EMH01000 or 70EMH01010--for Arrius 2B1A model turboshaft engines; 
or P/N 70EMM01000--for Arrius 2B2 model turboshaft engines.
    Note 1 to paragraph (c): Turbomeca Mandatory Service Bulletin 
(MSB) No. 319 73 2082, Version D, dated June 6, 2011, references 
Arrius 2B1A_1 model turboshaft engines. Arrius 2B1A model turboshaft 
engines with mod TU 45C applied are identified as Arrius 2B1A_1 on 
the engine identification plate.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7600, Engine 
Controls.

(e) Unsafe Condition

    This AD was prompted by a report of simultaneous loss of 
automatic control of both engines of an Airbus Helicopters 
Deutschland (formerly Eurocopter Deutschland) EC135 helicopter 
during flight. The FAA is issuing this AD to prevent simultaneous 
loss of automatic control of both engines. The unsafe condition, if 
not addressed, could result in failure of the engines and loss of 
control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) For engines with an EECU having P/N 70EMF01090, 70EMF01100, 
70EMF01120, 70EMH01010, or 70EMM01000, within 90 days after June 29, 
2005 (the effective date of AD 2005-12-08), or before further 
flight, whichever occurs later, upload the EECU software on both 
engines of the helicopter simultaneously using paragraph 2, 
Instructions to be incorporated, of the applicable Turbomeca MSB 
listed in Table 1 to paragraph (g) of this AD, or replace the EECU 
with a part eligible for installation.
    (2) For engines with an EECU having P/N 70EMF01080 or 
70EMH01000, within 90 days after June 29, 2005 (the effective date 
of AD 2005-12-08), or before further flight, whichever occurs later, 
replace the affected EECU with a part eligible for installation.

[[Page 52109]]

[GRAPHIC] [TIFF OMITTED] TP20SE21.000

(h) Installation Prohibition

    After the effective date of this AD, do not install onto any 
engine any EECU having a P/N identified in paragraph (c) of this AD.

(i) Definition

    For the purpose of this AD, a ``part eligible for installation'' 
is an EECU having a P/N that is not identified in paragraph (c) of 
this AD.

(j) No Reporting Requirements

    The reporting requirements specified in Turbomeca MSB No. 319 73 
2080, Update No. 1, dated February 13, 2004; Turbomeca MSB No. 319 
73 2081, Update No. 1, dated February 13, 2004; Turbomeca MSB No. 
319 73 2082, Update No. 1, dated February 13, 2004, Version C, dated 
July 31, 2008, and Version D, dated June 6, 2011; and Turbomeca MSB 
No. 319 73 2090, Original Issue, dated February 13, 2004, are not 
required by this AD.

(k) 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 (l)(1) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#0d4c4348204c49204c40424e4d6b6c6c236a627b"><span class="__cf_email__" data-cfemail="99d8d7dcb4d8ddb4d8d4d6dad9fff8f8b7fef6ef">[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.

(l) Related Information

    (1) For more information about this AD, contact Wego Wang, 
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: (781) 238-7134; fax: (781) 238-7199; 
email: <a href="/cdn-cgi/l/email-protection#661103010948110708012600070748010910"><span class="__cf_email__" data-cfemail="bbccdedcd495ccdad5dcfbdddada95dcd4cd">[email protected]</span></a>.
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2021-0088R1, dated July 26, 2021, for more information. You may 
examine the EASA AD in the AD docket at https://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2021-0793.
    (3) For service information identified in this AD, contact 
Safran Helicopter Engines, S.A., Avenue du 1er Mai, 40220 Tarnos, 
France; phone: +33 (0) 5 59 74 45 00. You may view this referenced 
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 (781) 238-7759.

    Issued on September 14, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-20230 Filed 9-17-21; 8:45 am]
BILLING CODE 4910-13-P


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