Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 59091 

Unlike some other statutes governing 

standard-setting through rulemaking, 

EPCA contains no provision setting 

forth a procedure for agency 

reconsideration of already prescribed 

final rules that established or revised 

energy conservation standards. Instead, 

the legal framework established in 

EPCA by Congress provides a means to 

enable a person to seek amendment of 

DOE’s existing rules under certain 

circumstances, not reconsideration of a 

newly promulgated rule. See 42 U.S.C. 

6295(n). Accordingly, AHRI’s self-styled 

‘‘petition for reconsideration’’ is 

procedurally improper. 

Alternatively, even if DOE were to 

construe AHRI’s petition for 

reconsideration as seeking amendment, 

rather than reconsideration of the WICF 

rule, pursuant to 42 U.S.C. 6295(n), 

AHRI would still fail to establish a valid 

basis for granting the petition. First, 

consistent with the statutory structure 

described above and the general 

requirement that agencies provide an 

interested person the right to petition 

for ‘‘the issuance, amendment, or repeal 

of a rule,’’ see 5 U.S.C. 553(e), EPCA 

permits interested persons to petition 

DOE to amend its standards. See 42 

U.S.C. 6295(n). While that provision 

applies to any final rule, it also requires 

that the petition satisfy certain criteria. 

With regard to these criteria, DOE may 

only grant such a petition if, assuming 

no other information were considered, 

the petition provides evidence 

providing an adequate basis to amend 

the standard if the amended standard 

would result in the significant 

conservation of energy, would be 

technologically feasible, and would be 

cost effective, as described under 42 

U.S.C. 6295(o)(2)(B)(i)(II) (i.e., ‘‘the 

savings in operating costs throughout 

the estimated average life of the covered 

product in the type (or class) compared 

to any increase in the price of, or in the 

initial charges for, or maintenance 

expenses of, the covered products 

which are likely to result from the 

imposition of the standard’’). See 42 

U.S.C. 6295(n)(2). AHRI’s petition, 

which focuses on newly issued 

standards, which are not yet in effect, 

and makes claims regarding those 

standards and certain procedural steps, 

does not meet the prescribed criteria 

under the statute. Moreover, even if 

AHRI’s petition satisfied the criteria 

under 42 U.S.C. 6295(n), it does not 

establish a valid basis for amendment of 

the final rule because AHRI seeks an 

amended standard that would increase 

the maximum allowable energy use or 

decrease the minimum required energy 

efficiency of a covered product, contrary 

to EPCA. See 42 U.S.C. 6295(o)(1). 

Further, DOE notes that AHRI’s 

petition appears to reflect a fundamental 

misunderstanding of how to perform the 

calculations required to rate a given 

refrigeration component. Accordingly, 

AHRI’s petition is predicated on a 

flawed set of calculations and 

assumptions. 

While the issues raised in AHRI’s 

petition do not warrant amending the 

WICF standards, DOE believes that it 

would be beneficial to hold a public 

meeting to demonstrate how DOE’s test 

procedure and refrigeration system 

standards interact with each other and 

how manufacturers must calculate the 

efficiency of their respective 

refrigeration systems. The public 

meeting, which DOE had already 

planned to hold in response to inquiries 

regarding this interaction, will help 

ensure that stakeholders properly apply 

the test procedure when assessing the 

compliance of their equipment with the 

applicable standard. A parallel notice is 

also being published in the Federal 

Register today which contains details 

regarding this public meeting. 

Issued in Washington, DC, on September 

23, 2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–23416 Filed 9–30–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0164; Directorate 

Identifier 2014–NE–02–AD; Amendment 39– 

17973; AD 2014–19–05] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Turbomeca S.A. Arriel 1A1, 1A2, 1B, 

1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, 

1S1, 2B, 2B1, 2C, 2C1, 2C2, 2S1, and 

2S2 turboshaft engines. This AD 

requires an initial one-time vibration 

check of the engine accessory gearbox 

(AGB) on certain higher risk Arriel 1 

and Arriel 2 model engines. This AD 

also requires repetitive vibration checks 

of the engine AGB for all Arriel 1 and 

Arriel 2 engines at every engine shop 

visit. This AD was prompted by reports 

of uncommanded in-flight shutdowns 

on Turbomeca S.A. Arriel 1 and Arriel 

2 engines following rupture of the 41- 

tooth gear forming part of the 41/23- 

tooth bevel gear located in the engine 

AGB. We are issuing this AD to prevent 

failure of the engine AGB, which could 

lead to in-flight shutdown and damage 

to the engine, which may result in 

damage to the aircraft. 

DATES: This AD becomes effective 

November 5, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 5, 2014. 

ADDRESSES: For service information 

identified in this AD, contact 

Turbomeca, S.A., 40220 Tarnos, France; 

phone: 33 (0)5 59 74 40 00; telex: 570 

042; fax: 33 (0)5 59 74 45 15. You may 

view this service information at the 

FAA, Engine & Propeller Directorate, 12 

New England Executive Park, 

Burlington, MA. For information on the 

availability of this material at the FAA, 

call 781–238–7125. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0164; 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 this AD, the mandatory 

continuing airworthiness information 

(MCAI), the regulatory evaluation, any 

comments received, and other 

information. The address for the Docket 

Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Mark Riley, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7758; fax: 781–238– 

7199; email: mark.riley@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to the specified products. The 

NPRM was published in the Federal 

Register on June 4, 2014 (79 FR 32195). 


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59092 Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 

The NPRM proposed to correct an 

unsafe condition for the specified 

products. This AD results from an MCAI 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI states: 

Several cases of uncommanded in-flight 

shut-down (IFSD) have been reported on 

ARRIEL 1 or ARRIEL 2 engines following 

rupture of the 41-tooth gear forming part of 

the 41/23 tooth bevel gear located in the 

accessory gearbox (AGB) within engine 

module M01. 

Results of subsequent investigations 

showed that the meshing quality of the bevel 

gear may have contributed to tooth rupture. 

The rupture of the AGB 41-tooth gear may 

lead to loss of driving of equipment essential 

to engine operation. 

This condition if not detected and 

corrected, could lead to an uncommanded 

engine in-flight shut-down and may 

ultimately lead to an emergency landing. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Request To Provide Sufficient 

Compliance Time 

One commenter requested that we 

provide sufficient time to comply with 

the AD. The commenter indicated that 

special tooling, to be supplied by 

Turbomeca, is necessary to comply with 

the AD. The vibration check itself is also 

performed by Turbomeca 

representatives. 

We do not agree. Our analysis has 

confirmed that 32 months is sufficient 

time for operators to complete the 

actions required by this AD. We did not 

change this AD. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting this AD 

as proposed. 

Costs of Compliance 

We estimate that this AD affects 1,268 

engines installed on aircraft of U.S. 

registry. We also estimate that it will 

take about 4 hours per engine to comply 

with the inspection requirement in this 

AD. The average labor rate is $85 per 

hour. Based on these figures, we 

estimate the cost of this AD on U.S. 

operators to be $431,120. 

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), 

(3) Will not affect intrastate aviation 

in Alaska to the extent that it justifies 

making a regulatory distinction, and 

(4) 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of 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 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2014–19–05 Turbomeca S.A.: Amendment 

39–17973; Docket No. FAA–2014–0164; 

Directorate Identifier 2014–NE–02–AD. 

(a) Effective Date 

This AD becomes effective November 5, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Turbomeca S.A. 

Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 

1E2, 1K1, 1S, 1S1, 2B, 2B1, 2C, 2C1, 2C2, 

2S1, and 2S2 turboshaft engines. 

(d) Reason 

This AD was prompted by reports of 

uncommanded in-flight shutdowns on 

Turbomeca S.A. Arriel 1 and Arriel 2 engines 

following rupture of the 41-tooth gear 

forming the 41/23-tooth bevel gear located in 

the engine accessory gearbox (AGB). We are 

issuing this AD to prevent failure of the 

engine AGB, which could lead to in-flight 

shutdown and damage to the engine, which 

may result in damage to the aircraft. 

(e) Actions and Compliance 

Unless already done, do the following. 

(1) For all Turbomeca S.A. Arriel 1B, 1D, 

1D1, 2B, and 2B1 turboshaft engines, perform 

a one-time vibration check of the AGB 41/23- 

tooth bevel gear meshing within 32 months 

of the effective date of this AD, as follows: 

(i) For all Turbomeca S.A. Arriel 1B, 1D, 

and 1D1 engines, except those engines with 

an AGB installed with a serial number (S/N) 

listed in Figure 1 of Turbomeca S.A. 

Mandatory Service Bulletin (MSB) No. 292 

72 0839, Version B, dated November 25, 

2013, use paragraphs 6.A. through 6.C. of 

Turbomeca S.A. MSB No. 292 72 0839, 

Version B, dated November 25, 2013, to 

perform the vibration check. Turbomeca S.A. 

MSB No. 292 72 0839 refers to Turbomeca 

S.A. Arriel 1 Technical Instruction (TI) No. 

292 72 0839, Version E, dated February 20, 

2014, and Turbomeca S.A. Arriel 1 TI No. 

292 72 8, Version A, dated November 29, 

2013, which you must also use to do the 

vibration check. 

(ii) The reporting requirements in 

paragraphs 6.A.(1)(c), 6.A.(2)(b), and 

6.B.(1)(c) and the requirement to return 

module M01 in paragraph 6.B.(2)(b)2 of 

Turbomeca S.A. MSB No. 292 72 0839, 

Version B, dated November 25, 2013, are not 

required by this AD. 

(iii) For all Turbomeca S.A. Arriel 2B and 

2B1 engines, except those engines with an 

AGB installed with an S/N listed in Figure 

1 of Turbomeca MSB No. 292 72 2849, 

Version B, dated November 25, 2013, use 

paragraphs 6.A. through 6.C. of Turbomeca 

S.A. MSB No. 292 72 2849, Version B, dated 

November 25, 2013, to perform the vibration 

check. Turbomeca S.A. MSB No. 292 72 2849 

refers to Turbomeca S.A. Arriel 2 TI No. 292 

72 2849, Version E, dated February 20, 2014, 

and Turbomeca S.A. Arriel 2 TI No. 292 72 

2850, Version A, dated November 29, 2013, 

which you must also use to do the vibration 

check. 

(iv) The reporting requirements in 

paragraphs 6.A.(1)(c), 6.A.(2)(b), and 


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Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 59093 

6.B.(1)(c), and the requirement to return 

module M01 in paragraph 6.B.(2)(b)2 of 

Turbomeca S.A. MSB No. 292 72 2849, 

Version B, dated November 25, 2013, are not 

required by this AD. 

(2) For all affected Turbomeca S.A. 

engines, during each engine shop visit after 

the effective date of this AD, perform a 

vibration check of the AGB 41/23-tooth bevel 

gear meshing. Guidance on performing the 

vibration check during an engine shop visit 

can be found in the service information listed 

in paragraph (i)(3) in the Related Information 

section. 

(3) If the AGB does not pass the vibration 

check required by paragraphs (e)(1) or (e)(2) 

of this AD, replace the AGB with a part 

eligible for installation. 

(f) Credit for Previous Action 

If you performed a vibration check of the 

AGB before the effective date of this AD 

using Turbomeca S.A. MSB No. 292 72 0839, 

Version A, dated September 9, 2013; or MSB 

No. 292 72 2849, Version A, dated September 

9, 2013, or during an engine shop visit per 

paragraph (e)(2) of this AD, you met the 

initial inspection requirement of paragraph 

(e)(1) of this AD. 

(g) Definition 

For the purpose of this AD, an ‘‘engine 

shop visit’’ is the induction of an engine into 

the shop for maintenance involving the 

separation of pairs of major mating engine 

flanges. The separation of engine flanges 

solely for the purpose of transportation 

without subsequent engine maintenance does 

not constitute an engine shop visit. 

(h) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

FAA, may approve AMOCs to this AD. Use 

the procedures found in 14 CFR 39.19 to 

make your request. 

(i) Related Information 

(1) For more information about this AD, 

contact Mark Riley, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7758; fax: 781–238–7199; 

email: mark.riley@faa.gov. 

(2) Refer to MCAI European Aviation 

Safety Agency AD 2014–0036, dated 

February 11, 2014, for related information. 

You may examine the MCAI in the AD 

docket on the Internet at http://

www.regulations.gov/#!docketDetail;D=FAA2014-0164. 

(3) Turbomeca Engine Test Bed Acceptance 

Test Specifications CCT No. 0292009400, 

Version T; CCT No. 0292019400, Version R; 

CCT No. 0292019690, Version I; CCT No. 

029201530, Version K; CCT No. 0292019610, 

Version K; CCT No. 0292029450, Version J; 

CCT No. 0292029490, Version I; CCT No. 

0292029440, Version I; CCT No. 0292029480, 

Version K; CCT No. 0292029520, Version H; 

CCT No. 0292029410, Version L; CCT No. 

0292029530, Version H; or Turbomeca ID No. 

383952; or Turbomeca RTD No. X 292 65 327 

2, which are not incorporated by reference in 

this AD, can be obtained from Turbomeca 

S.A., using the contact information in 

paragraph (j)(3) of this AD. This service 

information provides guidance on performing 

the vibration check during an engine shop 

visit. 

(j) 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) Turbomeca S.A. Mandatory Service 

Bulletin (MSB) No. 292 72 0839, Version B, 

dated November 25, 2013. 

(ii) Turbomeca S.A. MSB No. 292 72 2849, 

Version B, dated November 25, 2013. 

(iii) Turbomeca S.A. Arriel 1 Technical 

Instruction (TI) No. 292 72 0839, Version E, 

dated February 20, 2014. 

(iv) Turbomeca S.A. Arriel 1 TI No. 292 72 

0840, Version A, dated November 29, 2013. 

(v) Turbomeca S.A. Arriel 2 TI No. 292 72 

2849, Version E, dated February 20, 2014. 

(vi) Turbomeca S.A. Arriel 2 TI No. 292 72 

2850, Version A, dated November 29, 2013. 

(3) For Turbomeca S.A. service information 

identified in this AD, contact Turbomeca, 

S.A., 40220 Tarnos, France; phone: 33 (0)5 59 

74 40 00; telex: 570 042; fax: 33 (0)5 59 74 

45 15. 

(4) You may view this service information 

at FAA, Engine & Propeller Directorate, 12 

New England Executive Park, Burlington, 

MA. For information on the availability of 

this material at the FAA, call 781–238–7125. 

(5) You may view this service information 

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: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

September 15, 2014. 

Colleen M. D’Alessandro, 

Assistant Directorate Manager, Engine & 

Propeller Directorate, Aircraft Certification 

Service. 

[FR Doc. 2014–23353 Filed 9–30–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0424; Directorate 

Identifier 2014–NM–003–AD; Amendment 

39–17976; AD 2014–20–03] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model BD–700–1A10 

and BD–700–1A11 airplanes. This AD 

was prompted by reports of an 

incorrectly assembled check tee fitting 

used in fire extinguishing (FIREEX) 

distribution lines. This AD requires 

inspecting to determine the part number 

and for all affected check tee fittings 

measuring for correct depth, and 

replacing if necessary. We are issuing 

this AD to detect and correct faulty 

check tee fittings, which will reduce fire 

extinguishing protection. 

DATES: This AD becomes effective 

November 5, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 5, 2014. 

ADDRESSES: You may examine the AD 

docket on the Internet at http://

www.regulations.gov/

#!docketDetail;D=FAA-2014-0424 or in 

person at the Docket Management 

Facility, U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC. 

For service information identified in 

this AD, contact Bombardier, Inc., 400 

Coˆte-Vertu Road West, Dorval, Que ́bec 

H4S 1Y9, Canada; telephone 514–855– 

5000; fax 514–855–7401; email thd.crj@

aero.bombardier.com; Internet http://

www.bombardier.com. You may view 

this referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 

FOR FURTHER INFORMATION CONTACT: 

Cesar Gomez, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone 516–228–7318; fax 

516–794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Bombardier, Inc. Model 

BD–700–1A10 and BD–700–1A11 

airplanes. The NPRM published in the 

Federal Register on July 1, 2014 (79 FR 

37246). 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2013–41, 

dated December 30, 2013 (referred to 


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