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[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Proposed Rules]               
[Page 16022-16023]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr10-18]                         

========================================================================
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.

========================================================================



[[Page 16022]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0982; Directorate Identifier 2009-NE-19-AD]
RIN 2120-AA64

 
Airworthiness Directives; Turbomeca S.A. MAKILA 1A and 1A1 
Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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 installation of TU250 CS boards, however, has 
resulted in a few occurrences of erratic engine behaviour, in the form 
of unexpected N1 variations and/or illumination of the ``GOV'' warning 
light. The conclusions from an investigation by Turbom[eacute]ca are 
that these malfunctions are due to a lapse of quality control in the 
varnishing process applied to the boards, and that only boards in a 
specific serial number range, as defined under ``Applicability'' and 
referred to below as the ``suspect batch,'' are affected.
    We are proposing this AD to prevent loss of automatic engine 
control during flight due to an uncommanded engine roll-back, which 
could result in the inability to continue safe flight.

DATES: We must receive comments on this proposed AD by April 30, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Contact Turbomeca, 40220 Tarnos, France; telephone 33 05 59 74 40 
00; fax 33 05 59 74 45 15, for the service information identified in 
this proposed AD.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
the same as the Mail address provided in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kevin Dickert, Aerospace Engineer, 
Engine Certification Office, FAA, Engine and Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803; e-mail: 
kevin.dickert@faa.gov; telephone (781) 238-7117, fax (781) 238-7199.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0982; 
Directorate Identifier 2009-NE-19-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact 
with FAA personnel concerning this proposed AD. Using the search 
function of the Web site, anyone can find and read the comments in any 
of our dockets, including, if provided, the name of the individual who 
sent the comment (or signed the comment on behalf of an association, 
business, labor union, etc.). You may review the DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0090, dated April 28, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The installation of TU250 CS boards, however, has resulted in a 
few occurrences of erratic engine behaviour, in the form of 
unexpected N1 variations and/or illumination of the ``GOV'' warning 
light. The conclusions from an investigation by Turbomeca are that 
these malfunctions are due to a lapse of quality control in the 
varnishing process applied to the boards, and that only boards in a 
specific serial number range, as defined under ``Applicability'' and 
referred to below as the ``suspect batch,'' are affected.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Turbomeca S.A. has issued Mandatory Service Bulletins No. 298 73 
0809, Version A, dated February 12, 2008; and No. 298 73 0810, Version 
B, dated April 27, 2009. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of France, 
and is approved for operation in the United States. Pursuant to our 
bilateral agreement with France, they have notified us of the unsafe 
condition described in the MCAI and service information referenced 
above. We are proposing this AD because we evaluated

[[Page 16023]]

all information provided by EASA and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 10 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with this 
proposed AD. The average labor rate is $85 per work-hour. Required 
parts would cost about $3,500 per product. Based on these figures, we 
estimate the cost of the proposed AD on U.S. operators to be $35,850.

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 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 this proposed 
regulation:
    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 proposed AD and placed it in the AD docket.

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

    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 AD:

Turbomeca S.A.: Docket No. FAA-2009-0982; Directorate Identifier 
2009-NE-19-AD.

Comments Due Date

    (a) We must receive comments by April 30, 2010.

Affected Airworthiness Directives (ADs)

    (b) None.

Applicability

    (c) This AD applies to Turbomeca S.A. Makila 1A and 1A1 
turboshaft engines with a comparator/selector (CS) board, part 
number (P/N) 0 177 99 716 0, and a serial number (S/N) between 241EL 
and 1192EL (inclusive) installed. These engines are installed on, 
but not limited to, Eurocopter AS 332 C, AS 332 C1, AS 332 L, and AS 
332 L1 helicopters.

Reason

    (d) The EASA AD 2009-0090, dated April 28, 2009, states that 
this AD results from the following:
    (1) The installation of TU250 CS boards, however, has resulted 
in a few occurrences of erratic engine behaviour, in the form of 
unexpected N1 variations and/or illumination of the ``GOV'' warning 
light. The conclusions from an investigation by Turbom[eacute]ca are 
that these malfunctions are due to a lapse of quality control in the 
varnishing process applied to the boards, and that only boards in a 
specific serial number range, as defined under ``Applicability'' and 
referred to below as the ``suspect batch'', are affected.
    (2) We are issuing this AD to prevent loss of automatic engine 
control during flight due to an uncommanded engine roll-back, which 
could result in the inability to continue safe flight.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Within 50 operating hours from the effective date of this 
AD, replace any CS board, P/N 0 177 99 716 0, with an S/N from 241EL 
to 1192EL (inclusive), that has fewer than 200 hours-since-new 
(HSN). Use paragraph 2 of Turbomeca S.A. Mandatory Service Bulletin 
(MSB) No. 298 73 0809 Version A, dated February 12, 2008, to replace 
the boards.
    (2) During the next 500-hour inspection, replace any CS board, 
P/N 0 177 99 716 0, with a S/N from 241EL to 1192EL (inclusive), 
that has 200 HSN or more. Use paragraph 2 of Turbomeca S.A. MSB No. 
298 73 0810 Version B, dated April 27, 2009, to replace the boards.

FAA AD Differences

    (f) This AD differs from the Mandatory Continuing Airworthiness 
Information (MCAI) and/or service information as follows:
    (1) This AD requires replacing within 50 operating hours after 
the effective date of this AD, all comparator/selector boards, P/N 0 
177 99 716 0, with an S/N from 241EL to 1192EL (inclusive) that have 
fewer than 200 HSN.
    (2) This AD requires replacing at the next 500-hour routine 
inspection after the effective date of this AD, all comparator/
selector boards, P/N 0 177 99 716 0, with a S/N from 241EL to 1192EL 
(inclusive) that have 200 HSN or more.

Other FAA AD Provisions

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Engine Certification Office, FAA, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2009-0090, dated 
April 28, 2009, and Turbomeca S.A. Mandatory Service Bulletins No. 
298 73 0809, Version A, dated February 12, 2008; and No. 298 73 
0810, Version B, dated April 27, 2009, for related information. 
Contact Turbomeca, 40220 Tarnos, France; telephone 33 05 59 74 40 
00; fax 33 05 59 74 45 15, for a copy of this service information.
    (i) Contact Kevin Dickert, Aerospace Engineer, Engine 
Certification Office, FAA, Engine and Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
kevin.dickert@faa.gov; telephone (781) 238-7117, fax (781) 238-7199, 
for more information about this AD.

    Issued in Burlington, Massachusetts, on March 19, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.

[FR Doc. 2010-7160 Filed 3-30-10; 8:45 am]
BILLING CODE 4910-13-P
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