AD 2007-03-20

[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Rules and Regulations]
[Pages 6459-6460]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-2069]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26570; Directorate Identifier 2006-NE-39-AD; 
Amendment 39-14931; AD 2007-03-20]
RIN 2120-AA64


Airworthiness Directives; Turbomeca S.A. Makila 1A and 1A1 
Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    The back-up mode can be activated by an electrostatic discharge 
or by a malfunction of the collective pitch signal. The two engines 
fitted on the same helicopter can therefore be frozen in this back-
up position at 85% N1.

    Freezing both engines in the back-up mode can lead to an inability 
to continue safe flight and forced landing. We are issuing this AD to 
require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective March 19, 2007. The Director of the 
Federal Register approved the incorporation by reference of certain 
publications listed in this AD as of March 19, 2007.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace 
Engineer, Engine Certification Office, FAA, Engine & Propeller 
Directorate, 12 New England Executive Park, Burlington, MA 01803; 
telephone (781) 238-7175; fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S. certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on December 19, 2006 
(71 FR 75896). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    The control system of the engines covered by this Airworthiness 
Directive includes an electrical back-up mode at 85% N1 (gas 
generator speed) activated on the detection of certain occurrences 
affecting engine control. The activation of the back-up mode is 
irreversible and freezes the engine at 85% N1.
    An analysis of reported occurrences in service showed that the 
back-up mode can be activated by an electrostatic discharge or by a 
malfunction of the collective pitch signal. The two engines fitted 
on the same helicopter can therefore be frozen in this back-up 
position at 85% N1.
    The present Airworthiness Directive therefore imposes the 
application of modification TU241 on the LPG board of the Makila 1A 
and 1A1 ECU, which reduces the aforementioned risk by changing the 
conditions in which the engines switch to and are maintained in the 
85% NG back-up mode.

    Freezing both engines in the back-up mode can lead to an inability 
to continue safe flight and forced landing.
    You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are described in a separate paragraph of the AD, and take precedence 
over the actions copied from the MCAI.

Differences Between This AD and the Proposed AD

    In paragraph (e) of the proposed AD, published December 19, 2006, 
we state ``Unless already done, before January 31, 2007, apply the 
modification TU 241 by replacing the LPG board of the ECU using 
Turbomeca Mandatory Service Bulletin No. 298 73 0241, dated April 5, 
2006.'' Because that compliance date will have past before this AD 
becomes effective, we have changed paragraph (e) to read, ``Unless 
already done, within 30 days after the effective date of this AD, apply 
the modification TU 241 by replacing the LPG board of the ECU using 
Turbomeca Mandatory Service Bulletin No. 298 73 0241, dated April 5, 
2006.''

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect about five products of U.S. registry. We also estimate that it 
will take about 1.0 work-hour per product to comply with this AD. The 
average labor rate is $80 per work-hour. Required parts will cost about 
$3,500 per product. Where the service information lists required parts 
costs that are covered under warranty, we have assumed that there will 
be no charge for these costs. As we do not control warranty coverage 
for affected parties, some parties may incur costs higher than 
estimated here. Based on these figures, we estimate the cost of the

[[Page 6460]]

AD on U.S. operators to be $17,900, or $3,580 per product.

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.
    We are 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

    We determined that 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>; or in person at the Docket Management Facility between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains the NPRM, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 adding the following new AD:

2007-03-20 Turbomeca S.A.: Amendment 39-14931. Docket No. FAA-2006-
26570; Directorate Identifier 2006-NE-39-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
19, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Turbomeca Makila 1A and 1A1 turboshaft 
engines. These engines are installed on, but not limited to 
Eurocopter AS 332 Super Puma helicopters.

Reason

    (d) European Aviation Safety Agency (EASA) AD No. 2006-0070, 
dated March 30, 2006, states:
    The control system of the engines covered by this Airworthiness 
Directive includes an electrical back-up mode at 85% N1 (gas 
generator speed) activated on the detection of certain occurrences 
affecting engine control. The activation of the back-up mode is 
irreversible and freezes the engine at 85% N1.
    An analysis of reported occurrences in service showed that the 
back-up mode can be activated by an electrostatic discharge or by a 
malfunction of the collective pitch signal. The two engines fitted 
on the same helicopter can therefore be frozen in this back-up 
position at 85% N1.
    The present Airworthiness Directive therefore imposes the 
application of modification TU241 on the LPG board of the Makila 1A 
and 1A1 ECU, which reduces the aforementioned risk by changing the 
conditions in which the engines switch to and are maintained in the 
85% NG back-up mode.
    Freezing both engines in the back-up mode can lead to an 
inability to continue safe flight and forced landing.

Actions and Compliance

    (e) Unless already done, within 15 days after the effective date 
of this AD, apply the modification TU 241 by replacing the LPG board 
of the ECU using Turbomeca Mandatory Service Bulletin No. 298 73 
0241, dated April 5, 2006.

FAA AD Differences

    (f) None.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Engine Certification Office, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Contact Christopher Spinney, Aerospace Engineer, Engine 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; telephone (781) 238-
7175; fax (781) 238-7199; e-mail: <a href="/cdn-cgi/l/email-protection#1c7f746e756f68736c74796e326f6c75727279655c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="513239233822253e213934237f2221383f3f3428113730307f363e27">[email&#160;protected]</span></a>, for 
more information about this AD.
    (i) Refer to MCAI EASA Airworthiness Directive 2006-0070, dated 
March 30, 2006, and Turbomeca Mandatory Service Bulletin No. 298 73 
0241, dated April 5, 2006, for related information.

Material Incorporated by Reference

    (j) You must use Turbomeca Mandatory Service Bulletin No. 298 73 
0241, dated April 5, 2006, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Turbomeca, 40220 Tarnos, France; telephone 33 05 59 74 40 00, fax 33 
05 59 74 45 15.
    (3) You may review copies at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Burlington, Massachusetts, on January 31, 2007.
Peter A. White,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E7-2069 Filed 2-9-07; 8:45 am]
BILLING CODE 4910-13-P