```

[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Rules and Regulations]               
[Page 16662-16664]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap10-9]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1259; Directorate Identifier 2009-NE-41-AD; 
Amendment 39-16253; AD 2010-07-08]
RIN 2120-AA64

 
Airworthiness Directives; Kelly Aerospace Energy Systems, LLC 
Rebuilt Turbochargers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Kelly Aerospace Energy Systems, LLC (KAES) rebuilt 
turbochargers. This AD requires removal from service of certain part 
number (P/N) and serial number (S/N) rebuilt turbochargers. This AD 
results from three reports of infant mortality turbine wheel failure in 
rebuilt turbochargers, since June of 2007. We are issuing this AD to 
prevent separation or seizure of the turbocharger turbine, which could 
result in full or partial engine power loss, loss of engine oil, and 
smoke in the airplane cabin.

DATES: This AD becomes effective April 19, 2010. The Director of the 
Federal Register approved the incorporation by reference of certain 
publications listed in the regulations as of April 19, 2010.
    We must receive any comments on this AD by June 1, 2010.

ADDRESSES: Use one of the following addresses to comment on this AD:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: U.S. Docket Management Facility, 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 Kelly Aerospace Energy Systems, LLC, 2900 Selma Highway, 
Montgomery, Alabama 36108; telephone (334) 386-5400; fax (334) 386-
5450; or go to: http://www.kellyaerospace.com, for the service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Gary Wechsler, Aerospace Engineer, 
Propulsion, Atlanta Aircraft Certification Office, 1701 Columbia 
Avenue, College Park, GA 30337; telephone (404) 474-5575; fax (404) 
474-5606.

SUPPLEMENTARY INFORMATION: In October 2009, we were made aware by KAES 
that since June 2007, three turbochargers rebuilt by KAES have failed. 
Two had turbine wheel head separation and the third had a turbine shaft 
seizure. Investigation revealed that a steel wire brush was used to 
remove the accumulated coking that had built up on these turbine wheels 
being reclaimed for re-use in rebuilt turbochargers. This procedure 
created a rough surface finish on the turbine wheel shaft that exceeded 
allowable limits. The rough surface finish can disrupt the required 
formation of a hydrodynamic layer of oil between the shaft and mating 
bearings. This condition, if not corrected, could result in separation 
or seizure of the turbocharger turbine, which could result in full or 
partial engine power loss, loss of engine oil, and smoke in the 
airplane cabin.

Relevant Service Information

    We have reviewed and approved the technical contents of Kelly 
Aerospace Energy Systems, LLC Service Bulletin (SB) No. 039 A, dated 
February 10, 2010. That SB identifies the rebuilt turbochargers by P/N 
and S/N that are suspect of having a rough shaft surface finish 
exceeding allowable limits.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other KAES rebuilt turbochargers of the same type design. 
For that reason, we are issuing this AD to prevent separation or 
seizure of the turbocharger turbine, which could result in full or 
partial engine power loss, loss of engine oil, and smoke in the 
airplane cabin. This AD requires removal from service of certain P/N 
and S/N rebuilt turbochargers. You must use the service information 
described previously to determine what S/N rebuilt turbochargers are 
affected by this AD.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we have found that notice and opportunity for 
public comment before issuing this AD are impracticable, and that good 
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment; however, we invite you to send us any written relevant data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``AD Docket No. FAA-2009-1259; 
Directorate Identifier 2009-NE-41-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify it.
    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

[[Page 16663]]

personnel concerning this 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).

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 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.

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 have 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 that 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 summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary at the 
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Under 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

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 airworthiness 
directive:

2010-07-08 Kelly Aerospace Energy Systems, LLC (formerly Kelly 
Aerospace Power Systems): Amendment 39-16253. Docket No. FAA-2009-
1259; Directorate Identifier 2009-NE-41-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
19, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to certain serial numbers (S/Ns) of Kelly 
Aerospace Energy Systems, LLC (KAES) rebuilt turbochargers listed by 
part number (P/N) in the following Table 1 of this AD. The affected 
S/Ns are listed in Table III of Kelly Aerospace Energy Systems, LLC 
Service Bulletin (SB) No. 039 A, dated February 10, 2010.

                             Table 1--Part Numbers of Rebuilt Turbochargers Affected
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
406610-9005        406610-9015        406610-9018        406610-9019        406610-9020        406610-9021
406610-9025        406610-9026        406610-9028        406610-9029        406610-9030        406610-9032
407810-9001        406990-9004        408610-9001        409170-9001        409680-9011        465680-9001
465680-9004        465680-9005        465930-9002        465930-9003        465292-9002        465292-9004
465398-9002        407540-9003        466881-9001        466642-9001        466642-9002        466642-9005
466304-9003        600572-9000*       600573-9000*       600574-9001*       600575-9001*       600575-9002*
600576-9000*       600700-9001*       600803-9001*       600803-9002*       N/A                N/A
----------------------------------------------------------------------------------------------------------------
* P/Ns with an asterisk may have a CF prefix.

    These rebuilt turbochargers are installed on, but not limited 
to, the engines and aircraft listed in Table IV of Kelly Aerospace 
Energy Systems, LLC SB No. 039 A, dated February 10, 2010.

Unsafe Condition

    (d) This AD results from three reports of infant mortality 
turbine wheel failure in rebuilt turbochargers, since June of 2007. 
We are issuing this AD to prevent separation or seizure of the 
turbocharger turbine, which could result in full or partial engine 
power loss, loss of engine oil, and smoke in the airplane cabin.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within 10 hours time-in-service after the effective 
date of this AD, unless the actions have already been done.

Turbocharger Removal From Service

    (f) Remove from service the rebuilt turbochargers listed by P/N 
in paragraph (c) of this AD that have a S/N listed in Table III of 
Kelly Aerospace Energy Systems, LLC SB No. 039 A, dated February 10, 
2010.

Installation Eligibility of Removed Turbochargers

    (g) Removed turbochargers listed in Table III of Kelly Aerospace 
Energy Systems, LLC SB No. 039 A, dated February 10, 2010, are 
eligible for installation once they are overhauled by an FAA-
approved repair station. That overhaul must include replacing the 
turbine wheels listed by P/N in Table II of Kelly Aerospace Energy 
Systems, LLC SB No. 039 A, dated February 10, 2010, replacing the 
turbine wheel mating bushings, and marking the attached Return To 
Service Tag with this AD number, which is AD 2010-07-08.

[[Page 16664]]

Installation Prohibition

    (h) After the effective date of this AD, do not install any of 
the turbochargers listed in Table III of Kelly Aerospace Energy 
Systems, LLC SB No. 039 A, dated February 10, 2010, unless the 
turbocharger is overhauled as specified in paragraph (g) of this AD.

Alternative Methods of Compliance

    (i) The Manager, Atlanta Aircraft Certification Office, has the 
authority to approve alternative methods of compliance for this AD 
if requested using the procedures found in 14 CFR 39.19.

Special Flight Permits

    (j) Under 14 CFR 39.23, we are limiting the special flight 
permits for this AD by the following conditions:
    (1) Use of minimum crew.
    (2) Flight made during daytime, using visual flight rule 
conditions.
    (3) Maximum flight altitude of 12,000 feet mean-sea-level, based 
upon terrain.

Related Information

    (k) Contact Gary Wechsler, Aerospace Engineer, Propulsion, 
Atlanta Aircraft Certification Office, 1701 Columbia Avenue, College 
Park, GA 30337; telephone (404) 474-5575; fax (404) 474-5606, for 
more information about this AD.

Material Incorporated by Reference

    (l) You must use Kelly Aerospace Energy Systems, LLC Service 
Bulletin No. 039 A, dated February 10, 2010, to determine which 
turbocharger(s) are affected by this AD. The Director of the Federal 
Register approved the incorporation by reference of this service 
bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Kelly Aerospace Energy Systems, LLC, 2900 Selma Highway, 
Montgomery, Alabama 36108, telephone (334) 386-5400, fax (334) 386-
5450, or go to: http://www.kellyaerospace.com, for a copy of this 
service information. You may review copies at the FAA, New England 
Region, 12 New England Executive Park, Burlington, MA; or 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/ibr-locations.html.

    Issued in Burlington, Massachusetts, on March 23, 2010.
Robert J. Ganley,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 2010-7056 Filed 4-1-10; 8:45 am]
BILLING CODE 4910-13-P
```