This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

17075 

Vol. 74, No. 70 

Tuesday, April 14, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0302; Directorate 

Identifier 2009–NE–09–AD; Amendment 39– 

15881; AD 2009–08–08] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

Arriel 1B, 1D, 1D1, 2B, and 2B1 

Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

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: 

During production of Arriel 1 and Arriel 2 

power turbine (PT) wheels, geometric nonconformances on blade fir tree roots have 

been detected by Turbomeca. Potentially 

non-conforming PT blades have been traced 

as having been installed on Module M04 (PT) 

listed in Alert Mandatory Service Bulletin 

(MSB) A292 72 0827 for Arriel 1 engines and 

A292 72 2833 for Arriel 2 engines. The 

geometric non-conformities of the blades may 

potentially lead to a reduction in the fatigue 

resistance of PT blades to a lower level than 

their authorized in service use limit. This 

reduction of fatigue resistance can potentially 

result in blade release, which could cause an 

uncommanded in-flight shutdown. 

Uncommanded in-flight shutdown 

could result in an emergency 

autorotation landing. We are issuing this 

AD to prevent release of PT blades, 

which could result in uncommanded inflight shutdown and emergency 

autorotation landing. 

DATES: This AD becomes effective April 

29, 2009. 

We must receive comments on this 

AD by May 14, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of Turbomeca Alert Mandatory Service 

Bulletin (MSB) No. A292 72 0827, 

Version A, dated March 20, 2009, and 

Turbomeca Alert MSB No. A292 72 

0827, Version A, dated March 20, 2009, 

listed in the AD as of April 29, 2009. 

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: 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. 

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. 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176, fax (781) 

238–7199. 

SUPPLEMENTARY INFORMATION: 

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 2009–0068–E, 

dated March 25, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

During production of Arriel 1 and Arriel 2 

power turbine (PT) wheels, geometric nonconformances on blade fir tree roots have 

been detected by Turbomeca. Potentially 

non-conforming PT blades have been traced 

as having been installed on Module M04 (PT) 

listed in Alert MSB A292 72 0827 for Arriel 

1 engines and A292 72 2833 for Arriel 2 

engines. The geometric non-conformities of 

the blades may potentially lead to a 

reduction in the fatigue resistance of PT 

blades to a lower level than their authorized 

in service use limit. This reduction of fatigue 

resistance can potentially result in blade 

release, which could cause an uncommanded 

in-flight shutdown. 

Uncommanded in-flight shutdown 

could result in an emergency 

autorotation landing. You may obtain 

further information by examining the 

MCAI in the AD docket. 

Relevant Service Information 

Turbomeca has issued Alert MSB No. 

A292 72 0827, Version A, dated March 

20, 2009, for Arriel 1 series turboshaft 

engines, and issued Alert MSB No. 

A292 72 2833, Version A, dated March 

20, 2009, for Arriel 2 series turboshaft 

engines. The power turbine modules 

M04 having the affected PT blades, are 

listed by serial number (SN) in Figure 1 

of these MSBs, as applicable. We have 

incorporated by reference these MSBs to 

identify the affected parts. 

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 required different actions in this AD 

from those in the MCAI in order to 

follow FAA policies. Any such 

differences are described in a separate 

paragraph of the AD. These 

requirements take precedence over the 

actions copied from the MCAI. 

FAA’s Determination and Requirements 

of This 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 

issuing this AD because we evaluated 

all information provided by EASA and 

determined the unsafe condition exists 

17076 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

and is likely to exist or develop on other 

products of the same type design. This 

AD requires removing the affected PT 

blades from service. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because depending on the number 

of cycles already accumulated on some 

engines, the actions specified in this AD 

might require immediate incorporation 

before further flight. Therefore, we 

determined that notice and opportunity 

for public comment before issuing this 

AD are impracticable and that good 

cause exists for making this amendment 

effective in fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–0302; 

Directorate Identifier 2009–NE–09–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of 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 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). 

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. 

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 AD: 

2009–08–08 Turbomeca: Amendment 39– 

15881; Docket No. FAA–2009–0302; 

Directorate Identifier 2009–NE–09–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 29, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to: 

(1) Turbomeca Arriel 1B, 1D, and 1D1 

turboshaft engines with the power turbine 

modules M04 installed, as listed by serial 

number (SN) in Figure 1 of Turbomeca Alert 

Mandatory Service Bulletin (MSB) No. A292 

72 0827, Version A, dated March 20, 2009; 

and 

(2) Turbomeca Arriel 2B, and 2B1 

turboshaft engines with the power turbine 

modules M04 installed, as listed by SN in 

Figure 1 of Turbomeca Alert MSB No. A292 

72 2833, Version A, dated March 20, 2009. 

(3) These engines are installed on, but not 

limited to, Eurocopter AS 350 B, AS 350 BA, 

AS 350 B1, AS 350 B2, AS 350 B3, and EC 

130 B4 helicopters. 

Reason 

(d) European Aviation Safety Agency 

(EASA) AD No. 2009–0068–E, dated March 

25, 2009, states: 

During production of Arriel 1 and Arriel 2 

power turbine (PT) wheels, geometric nonconformances on blade fir tree roots have 

been detected by Turbomeca. Potentially 

non-conforming PT blades have been traced 

as having been installed on Module M04 (PT) 

listed in Alert MSB A292 72 0827 for Arriel 

1 engines and A292 72 2833 for Arriel 2 

engines. The geometric non-conformities of 

the blades may potentially lead to a 

reduction in the fatigue resistance of PT 

blades to a lower level than their authorized 

in service use limit. This reduction of fatigue 

resistance can potentially result in blade 

release, which could cause an uncommanded 

in-flight shutdown. 

Uncommanded in-flight shutdown could 

result in an emergency autorotation landing. 

We are issuing this AD to prevent release of 

PT blades, which could result in 

uncommanded in-flight shutdown and 

emergency autorotation landing. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

(1) For engines with an affected Module 

M04 (PT module) which has accumulated 

1,000 total PT cycles or more on the effective 

date of this AD, remove the PT blades from 

service before further flight. 

(2) For engines with an affected Module 

M04 (PT module) which has accumulated 

fewer than 1,000 total PT cycles on the 

effective date of this AD, remove the PT 

blades from service before accumulating 

1,000 total PT cycles. 

(3) After the effective date of this AD, do 

not install any PT blades removed as 

specified in paragraph (e)(1) or (e)(2) of this 

AD, into any engine. 

FAA AD Differences 

(f) Although the compliance section of 

EASA AD No. 2009–0068–E, dated March 25, 

2009, states to replace the Module M04, or 

PT wheel assembly, or PT blades, this AD 

states to remove the PT blades from service. 

(g) Although EASA AD No. 2009–0068–E, 

dated March 25, 2009, applies to the Arriel 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17077 

2B1A engine, this AD does not apply to that 

model because it has no U.S. type certificate. 

Alternative Methods of Compliance 

(AMOCs) 

(h) 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 

(i) Refer to MCAI EASA Airworthiness 

Directive 2009–0068–E, dated March 25, 

2009, for related information. 

(j) Contact James Lawrence, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176, fax (781) 238– 

7199, for more information about this AD. 

Material Incorporated by Reference 

(k) You must use the service information 

specified in Table 1 of this AD 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 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/ibrlocations.html. 

TABLE 1—MATERIAL INCORPORATED BY REFERENCE

Turbomeca Alert Mandatory Service Bulletin No. Page Version Date 

A292 72 0827 ..................................................................................................................... All ................. A ................... March 20, 2009. 

Total pages: 17 

A292 72 2833 ..................................................................................................................... All ................. A ................... March 20, 2009. 

Total Pages: 17 

Issued in Burlington, Massachusetts, on 

April 6, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–8329 Filed 4–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30661; Amdt. No. 3317] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective April 14, 

2009. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of April 14, 

2009. 

ADDRESSES: Availability of matter 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or, 

4. 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Availability—All SIAPs are available 

online free of charge. Visit nfdc.faa.gov 

to register. Additionally, individual 

SIAP and Takeoff Minimums and ODP 

copies may be obtained from: 

1. FAA Public Inquiry Center (APA– 

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

FOR FURTHER INFORMATION CONTACT: 

Harry J. Hodges, Flight Procedure 

Standards Branch (AFS–420) Flight 

Technologies and Programs Division, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082 Oklahoma City, OK 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends Title 14, Code of Federal 

Regulations, Part 97 (14 CFR part 97) by 

amending the referenced SIAPs. The 

complete regulatory description of each 

SIAP is listed on the appropriate FAA 

Form 8260, as modified by the National 

Flight Data Center (FDC)/Permanent 

Notice to Airmen (P–NOTAM), and is 

incorporated by reference in the 

amendment under 5 U.S.C. 552(a), 1 

CFR part 51, and § 97.20 of Title 14 of 

the Code of Federal Regulations. 

The large number of SIAPs, their 

complex nature, and the need for a 

special format make their verbatim 

publication in the Federal Register 

expensive and impractical. Further, 

airmen do not use the regulatory text of 

the SIAPs, but refer to their graphic 

depiction on charts printed by 

publishers of aeronautical materials. 

Thus, the advantages of incorporation 

by reference are realized and 

publication of the complete description 

of each SIAP contained in FAA form 

documents is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of SIAP 

and the corresponding effective dates. 

This amendment also identifies the 

airport and its location, the procedure 

and the amendment number.