Federal Register / Vol. 67, No. 148 / Thursday, August 1, 2002 / Rules and Regulations 49859

Dated: Issued in Washington, DC on July 

25, 2002. 

Donald P. Byrne, 

Assistant Chief Counsel, Regulations 

Division.

[FR Doc. 02–19366 Filed 7–31–02; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2001–NE–23–AD; Amendment 

39–12833; AD 2002–15–05] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

Makila 1 A, 1 A1, and 1 A2 Turboshaft 

Engines

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule; request for 

comments. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) that is 

applicable to Turbomeca Makila 1 A, 1 

A1, and 1 A2 turboshaft engines. This 

action requires replacing certain digital 

electronic control units (DECU’s) and 

electronic control units (ECU’s) with 

modified DECU’s and ECU’s. This 

amendment is prompted by a report of 

an uncontained engine turbine wheel 

failure and the subsequent loss of 

control of the helicopter. The actions 

specified in this AD are intended to 

prevent an engine overspeed condition 

resulting from the failure of two or more 

NTL channels.

DATES: Effective August 16, 2002. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of August 16, 2002. 

Comments for inclusion in the Rules 

Docket must be received on or before 

September 30, 2002.

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), New England 

Region, Office of the Regional Counsel, 

Attention: Rules Docket No. 2001–NE–

23–AD, 12 New England Executive Park, 

Burlington, MA 01803–5299. Comments 

may be inspected at this location, by 

appointment, between 8:00 a.m. and 

4:30 p.m., Monday through Friday, 

except Federal holidays. Comments may 

also be sent via the Internet using the 

following address: ‘‘9-aneadcomment@faa.gov’’. Comments sent 

via the Internet must contain the docket 

number in the subject line. 

The service information referenced in 

this AD may be obtained from 

Turbomeca, 40220 Tarnos, France; 

telephone (33) 05 59 74 40 00; fax (33) 

05 59 74 45 15. This information may 

be examined, by appointment, at the 

FAA, New England Region, Office of the 

Regional Counsel, 12 New England 

Executive Park, Burlington, MA; or at 

the Office of the Federal Register, 800 

North Capitol Street, NW., Suite 700, 

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Glorianne Niebuhr, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803–5299; telephone (781) 238–7132; 

fax (781) 238–7199.

SUPPLEMENTARY INFORMATION: The 

Direction Generale De L’Aviation Civile 

(DGAC), which is the airworthiness 

authority for France, recently notified 

the FAA that an unsafe condition may 

exist on Turbomeca Makila 1 A, 1 A1, 

and 1 A2 turboshaft engines. The DGAC 

advises that there has been an accident 

in which the helicopter experienced an 

engine overspeed, which resulted in an 

uncontained power turbine burst and 

the failure of both engines. Investigation 

has determined that the power turbine 

overspeed was caused by a failure of an 

engine-to-main gearbox (MGB) 

connection. One of the two failed NTL 

channels could be selected by the ECU 

and used to set the gas generator (Ng) 

demand, which in turn could cause an 

overspeed condition. Modification TU 

203 to the ECU’s that are used on the 

Makila 1 A and 1 A1 turboshaft engines 

improves failure detection of the ECU 

and simulates a fixed power turbine 

speed (Npt) if two of the three channels 

fail. Modification TU 215 to the ECU’s 

used on the Makila 1A and 1A1 

turboshaft engines changes the ceramic 

case timer to a metal case timer, which 

improves the unit’s mechanical 

resistance. The simulated fixed Npt 

causes the gas generator to decelerate to 

a safe level. Modification TU 205C to 

the DECU’s used on the Makila 1 A2 

turboshaft engines upgrades the DECU 

software from version 6.01 to version 

7.01. That upgrade improves the failure 

detection of the DECU and simulates a 

revised fixed Npt when both channels 

fail. The revised simulated fixed Npt 

value drives the gas generator to 

decelerate to 65% instead of the 85% 

value before modification. The 85% 

value before modification may not have 

been enough to avoid Npt overspeed. 

The compliance times required by 

this AD were determined as a function 

of the manufacturing rate of the required 

parts and the maximum availability of 

the repairing centers. 

Manufacturer’s Service Information 

Turbomeca has issued the following 

service bulletins (SB’s): 

• SB No. 298 73 0149, dated January 

13, 2000, that specifies procedures for 

incorporating modification TU 205C on 

DECU’s used on Makila 1 A2 turboshaft 

engines.

• SB No. 298 73 0166, dated October 

5, 2001, that specifies procedures for 

incorporating modification TU 215 on 

ECU’s used on Makila 1 A and 1 A1 

turboshaft engines. 

The DGAC classified these service 

bulletins as mandatory and issued AD’s 

2000–068(A), dated February 9, 2000, 

and 2001–546(A), dated November 14, 

2001, in order to assure the 

airworthiness of these Turbomeca 

engines in France. 

Bilateral Agreement Information 

This engine model is manufactured in 

France and is type certificated for 

operation in the United States under the 

provisions of § 21.29 of the Federal 

Aviation Regulations (14 CFR 21.29) 

and the applicable bilateral 

airworthiness agreement. Pursuant to 

this bilateral airworthiness agreement, 

the DGAC has kept the FAA informed 

of the situation described above. The 

FAA has examined the findings of the 

DGAC, reviewed all available 

information, and determined that AD 

action is necessary for products of this 

type design that are certificated for 

operation in the United States. 

FAA’s Determination of an Unsafe 

Condition and Required Actions 

Since an unsafe condition has been 

identified that is likely to exist or 

develop on other Turbomeca Makila 1 

A, 1 A1, and 1 A2 turboshaft engines of 

the same type design, this AD is being 

issued to prevent an engine overspeed 

condition resulting from the failure of 

two or more NTL channels. This AD 

requires replacing the Makila 1 A and 1 

A1 ECU’s, P/N’s 0 177 69 810 0, 0 177 

69 811 0, 0 177 69 812 0, 0 177 69 813 

0, 0 177 69 814 0, 0 177 69 815 0, 0 177 

69 816 0, 0 177 69 817 0, 0 177 69 818 

0, 0 177 69 819 0, 0 177 69 820 0, and 

0 177 69 824 0, 0 177 69 825 0, 0 177 

69 826 0, 0 177 69 827 0, 0 177 69 828 

0, and 0 177 69 829 0; with ECU’s that 

have been modified to modification 

standard TU 215. This AD also requires 

replacing Makila 1 A2 DECU’s, P/N 

70CMB01040, with modified DECU’s, P/

N 70CMB01050. 

Immediate Adoption of This AD 

Since a situation exists that requires 

the immediate adoption of this 

regulation, it is found that notice and 

opportunity for prior public comment

49860 Federal Register / Vol. 67, No. 148 / Thursday, August 1, 2002 / Rules and Regulations 

hereon are impracticable, and that good 

cause exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

Although this action is in the form of 

a final rule that involves requirements 

affecting flight safety and, thus, was not 

preceded by notice and an opportunity 

for public comment, comments are 

invited on this rule. Interested persons 

are invited to comment on this rule by 

submitting such written data, views, or 

arguments as they may desire. 

Communications should identify the 

Rules Docket number and be submitted 

in triplicate to the address specified 

under the caption ADDRESSES. All 

communications received on or before 

the closing date for comments will be 

considered, and this rule may be 

amended in light of the comments 

received. Factual information that 

supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of the AD 

action and determining whether 

additional rulemaking action would be 

needed. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. All comments 

submitted will be available, both before 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report that 

summarizes each FAA-public contact 

concerned with the substance of this AD 

will be filed in the Rules Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this action 

must submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket Number 2001–NE–23–AD.’’ The 

postcard will be date stamped and 

returned to the commenter. 

Regulatory Analysis 

This final rule does not have 

federalism implications, as defined in 

Executive Order 13132, because it 

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. 

Accordingly, the FAA has not consulted 

with state authorities prior to 

publication of this final rule. 

The FAA has determined that this 

regulation is an emergency regulation 

that must be issued immediately to 

correct an unsafe condition in aircraft, 

and is not a ‘‘significant regulatory 

action’’ under Executive Order 12866. It 

has been determined further that this 

action involves an emergency regulation 

under DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979). If it is determined that this 

emergency regulation otherwise would 

be significant under DOT Regulatory 

Policies and Procedures, a final 

regulatory evaluation will be prepared 

and placed in the Rules Docket. A copy 

of it, if filed, may be obtained from the 

Rules Docket at the location provided 

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration amends part 39 of the 

Federal Aviation Regulations (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. Section 39.13 is amended by 

adding the following new airworthiness 

directive:

2002–15–05 Turbomeca: Amendment 39–

12833. Docket No. 2001–NE–23–AD. 

Applicability 

This airworthiness directive (AD) is 

applicable to Turbomeca Makila 1 A, 1 A1, 

and 1 A2 turboshaft engines with digital 

electronic control units (DECU’s) and 

electronic control units (ECU’s) that have a 

part number (P/N) listed in the following 

Table 1:

TABLE 1.—ECU AND DECU P/N’S

ECU or DECU P/N Used on 

0 177 69 810 0, 0 177 69 811 0, 0 177 69 812 0, 0 177 69 813 0, 0 177 69 814 0, 0 177 69 815 0, 0 177 

69 816 0, 0 177 69 817 0, 0 177 69 818 0, 0 177 69 819 0, 0 177 69 820 0, 0 177 69 824 0, 0 177 69 

825 0, 0 177 69 826 0, 0 177 69 827 0, 0 177 69 828 0, and 0 177 69 829 0.

Makila 1 A and 1 A1 engines. 

70CMB01040 ..................................................................................................................................................... Makila 1 A2 engines. 

These engines are installed on, but not 

limited to Eurocopter France model AS 332C, 

AS 332L, AS 332L1 and AS 332L2, 

helicopters.

Note 1: This AD applies to each engine 

identified in the preceding applicability 

provision, regardless of whether it has been 

modified, altered, or repaired in the area 

subject to the requirements of this AD. For 

engines that have been modified, altered, or 

repaired so that the performance of the 

requirements of this AD is affected, the 

owner/operator must request approval for an 

alternative method of compliance in 

accordance with paragraph (c) of this AD. 

The request should include an assessment of 

the effect of the modification, alteration, or 

repair on the unsafe condition addressed by 

this AD; and, if the unsafe condition has not 

been eliminated, the request should include 

specific proposed actions to address it.

Compliance 

Compliance with this AD is required 

within 45 days after the effective date of this 

AD, unless already done. 

To prevent an engine overspeed condition 

resulting from the failure of two or more NTL 

channels, do the following: 

(a) For Makila 1 A and 1 A1 engines do 

either of the following: 

(1) Replace ECU’s that have a P/N listed in 

Table 1 of this AD, with ECU’s that have been 

modified to modification standard TU 215, or 

(2) Replace the comparator / selector 

circuit board in accordance with Turbomeca 

service bulletin (SB) 298 73 0166, dated 

October 5, 2001. 

(b) For Makila 1 A2 engines, replace DECU, 

P/N 70CMB01040, with modified DECU, P/

N 70CMB01050. Information on the modified 

DECU may be found in Turbomeca service 

bulletin (SB) 298 73 0149, dated January 13, 

2000. 

Alternative Methods of Compliance 

(c) An alternative method of compliance or 

adjustment of the compliance time that 

provides an acceptable level of safety may be 

used if approved by the Manager, Engine 

Certification Office (ECO). Operators must 

submit their request through an appropriate 

FAA Principal Maintenance Inspector, who 

may add comments and then send it to the 

Manager, ECO.

Note 2: Information concerning the 

existence of approved alternative methods of

Federal Register / Vol. 67, No. 148 / Thursday, August 1, 2002 / Rules and Regulations 49861

compliance with this airworthiness directive, 

if any, may be obtained from the ECO.

Special Flight Permits 

(d) Special flight permits may be issued in 

accordance with §§ 21.197 and 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199) to operate the helicopter to a 

location where the requirements of this AD 

can be done. 

Documents That Have Been Incorporated By 

Reference 

(e) The inspection must be done in 

accordance with Turbomeca Service Bulletin 

No. 298 73 0166, dated October 5, 2001. This 

incorporation by reference was approved by 

the Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Copies may be obtained from 

Turbomeca, 40220 Tarnos, France. Copies 

may be inspected at the FAA, New England 

Region, Office of the Regional Counsel, 12 

New England Executive Park, Burlington, 

MA; or at the Office of the Federal Register, 

800 North Capitol Street, NW, suite 700, 

Washington, DC.

Note 3: The subject of this AD is addressed 

in DGAC airworthiness directives 2000–

068(A), dated February 9, 2000, and 2001–

546(A), dated November 14, 2001.

Effective Date 

(f) This amendment becomes effective on 

August 16, 2002.

Issued in Burlington, Massachusetts, on 

July 23, 2002. 

Francis A. Favara, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service.

[FR Doc. 02–19164 Filed 7–31–02; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2000–CE–76–AD; Amendment 

39–12834; AD 2002–15–06] 

RIN 2120–AA64 

Airworthiness Directives; Air Tractor, 

Inc. Models AT–802 and AT–802A 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) that 

applies to certain Air Tractor, Inc. (Air 

Tractor) Models AT–802 and AT-802A 

airplanes. This AD requires you to 

replace the rudder control cables and 

fairleads with parts of improved design. 

This AD is the result of a report that a 

rudder control cable broke because of 

wear at the aft fairlead. The actions 

specified by this AD are intended to 

prevent the rudder control cable from 

breaking because of the rudder control 

cables wearing in the fairlead area. 

Broken rudder control cables could 

result in loss of rudder control.

DATES: This AD becomes effective on 

September 13, 2002. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the 

regulations as of September 13, 2002.

ADDRESSES: You may get the service 

information referenced in this AD from 

Air Tractor, Inc., PO Box 485, Olney, 

Texas 76374. You may view this 

information at the Federal Aviation 

Administration (FAA), Central Region, 

Office of the Regional Counsel, 

Attention: Rules Docket No. 2000-CE–

76-AD, 901 Locust, Room 506, Kansas 

City, Missouri 64106; or at the Office of 

the Federal Register, 800 North Capitol 

Street, NW., Suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Garry D. Sills, Aerospace Engineer, 

FAA, Fort Worth Airplane Certification 

Office, 2601 Meacham Boulevard, Fort 

Worth, Texas 76193–0150; telephone: 

(817) 222–5154; facsimile: (817) 222-

5960.

SUPPLEMENTARY INFORMATION: 

Discussion 

What Events Have Caused This AD? 

The FAA received reports of the 

rudder control cables wearing at the aft 

fairlead area on Air Tractor Models AT802 and AT–802A airplanes. In one 

instance, the rudder cable broke on a 

Model AT–802 airplane. 

Air Tractor has designed a new cable 

that incorporates a stainless steel sleeve 

that is crimped to the cable in the 

fairlead area. The stainless steel sleeve 

is intended to prevent wear of the new 

cable in that area. 

What Is the Potential Impact if FAA 

Took No Action? 

If this condition is not corrected, 

rudder control cables may wear and 

break at the fairlead area. Broken rudder 

control cables could result in loss of 

rudder control. 

Has FAA Taken Any Action to This 

Point? 

We issued a proposal to amend part 

39 of the Federal Aviation Regulations 

(14 CFR part 39) to include an AD that 

would apply to certain Air Tractor 

Models AT–802 and AT–802A 

airplanes. This proposal was published 

in the Federal Register as a notice of 

proposed rulemaking (NPRM) on March 

20, 2002 (67 FR 12914). The NPRM 

proposed to replace the rudder control 

cables and fairleads with parts of 

improved design. 

Was the Public Invited To Comment? 

The FAA encouraged interested 

persons to participate in the making of 

this amendment. We did not receive any 

comments on the proposed rule or on 

our determination of the cost to the 

public. 

FAA’s Determination 

What Is FAA’s Final Determination on 

This Issue? 

After careful review of all available 

information related to the subject 

presented above, we have determined 

that air safety and the public interest 

require the adoption of the rule as 

proposed except for minor editorial 

corrections. We have determined that 

these minor corrections:

—Provide the intent that was proposed 

in the NPRM for correcting the unsafe 

condition; and 

—Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Cost Impact 

How Many Airplanes Does This AD 

Impact? 

We estimate that this AD affects 81 

airplanes in the U.S. registry. 

What Is the Cost Impact of This AD on 

Owners/Operators of the Affected 

Airplanes? 

We estimate the following costs to 

accomplish the modification:

Labor cost Parts cost Total cost 

per airplane 

Total cost 

on U.S. operators 

2 workhours × 60 per hour=$120 ............................................................................................................ $300 $420 $34,020