Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 18981 

10409036, dated March 18, 2009, 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 EADS–PZL ‘‘WarszawaOke ̨cie’’ S.A., Aleja Krakowska 110/114, 00– 

971 Warszawa, Poland; telephone: +48 22 

577 22 11; fax: +48 22 577 22 03; e-mail: 

eadsplz@plz.eads.net; Internet: http:// 

www.eads.net/1024/en/businet/airbus/ 

airbus_military/pzl/pzl.html. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri on April 

15, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–9321 Filed 4–24–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28077; Directorate 

Identifier 2007–NE–20–AD; Amendment 39– 

15889; AD 2009–09–03] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Arriel 2B and 2B1 Turboshaft 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

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: 

Several cases of Gas Generator Turbine (HP 

Turbine) blade rearward displacement have 

been detected during borescope inspection or 

in repair centre following engine 

disassembly. Two of them resulted in blade 

rubs between the rear face of the fir-tree roots 

and the rear bearing support cover. High HP 

blade rearward displacement can potentially 

result in blade release due to fatigue of the 

blade, which would cause an uncommanded 

in-flight engine shutdown. 

We are issuing this AD to prevent an 

uncommanded in-flight engine 

shutdown which could result in an 

emergency autorotation landing or, at 

worst, an accident. 

DATES: This AD becomes effective June 

1, 2009. The Director of the Federal 

Register approved the incorporation by 

reference of certain publications listed 

in this AD as of June 1, 2009. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& 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 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on December 9, 2008 (73 FR 

74661). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states that: 

Several cases of Gas Generator Turbine (HP 

Turbine) blade rearward displacement have 

been detected during borescope inspection or 

in repair centre following engine 

disassembly. Two of them resulted in blade 

rubs between the rear face of the fir-tree roots 

and the rear bearing support cover. 

High HP blade rearward displacement can 

potentially result in blade release due to 

fatigue of the blade, which would cause an 

uncommanded in-flight engine shutdown. 

The evaluation of this condition has 

prompted to require a periodic borescope 

inspection in order to detect HP blade 

rearward displacement. Additionally, in case 

displacement is found above the specified 

limit, removal of Module 03 is required. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Removal of the Arriel 2B1A Engine 

Since we issued the proposed AD, we 

discovered that we inadvertently listed 

the Arriel 2B1A engine in the 

applicability. We removed that model 

from the AD, as it is not certified for 

operation in the U.S. 

Deletion of Reporting Requirement 

We deleted the Turbomeca reporting 

requirement from the AD, since we 

determined that the reporting 

requirement was unnecessary. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

Costs of Compliance 

We estimate that this AD will affect 

about 248 engines on helicopters of U.S. 

registry. We also estimate that it will 

take about 2 work-hours per engine to 

perform the actions and that the average 

labor rate is $80 per work-hour. Based 

on these figures, we estimate the total 

cost of the AD to U.S. operators to be 

$39,680. Our cost estimate is exclusive 

of possible warranty coverage. 

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: 


dwashington3 on PROD1PC60 with RULES
18982 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 

1The Act is codified at 7 U.S.C. 1 et seq. (2000). 

The acceptable practices for the DCM core 

principles reside in Appendix B to Part 38 of the 

Commission’s Regulations, 17 CFR Part 38, App. B. 

Core Principle 15 states: ‘‘CONFLICTS OF 

INTEREST—The board of trade shall establish and 

enforce rules to minimize conflicts of interest in the 

decision making process of the contract market and 

establish a process for resolving such conflicts of 

interest.’’ CEA Section 5(d)(15). 7 U.S.C. 7(d)(15). 

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. 

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 provided in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

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: 

2009–09–03 Turbomeca S.A.: Amendment 

39–15889. Docket No. FAA–2007–28077; 

Directorate Identifier 2007–NE–20–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective June 1, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Turbomeca S.A. 

Arriel 2B and 2B1 turboshaft engines. These 

engines are installed on, but not limited to, 

Eurocopter AS 350 B3 and EC 130 B4 

helicopters. 

Reason 

(d) Several cases of Gas Generator Turbine 

(HP Turbine) blade rearward displacement 

have been detected during borescope 

inspection or in repair centre following 

engine disassembly. Two of them resulted in 

blade rubs between the rear face of the firtree roots and the rear bearing support cover. 

High HP blade rearward displacement can 

potentially result in blade release due to 

fatigue of the blade, which would cause an 

uncommanded in-flight engine shutdown. 

We are issuing this AD to prevent an 

uncommanded in-flight engine shutdown 

which could result in an emergency 

autorotation landing or, at worst, an accident. 

Actions and Compliance 

(e) Unless already done, do the following 

actions: 

Initial Inspection 

(1) Perform an initial HP turbine borescope 

inspection according to Turbomeca S.A. 

Mandatory Service Bulletin (MSB) No. 292 

72 2825, dated April 5, 2007 as follows: 

(i) For engines with fewer than 500 hours 

and 450 cycles since new or since the last HP 

turbine borescope inspection, inspect before 

reaching 600 hours or 500 cycles, whichever 

occurs first. Replace HP turbine modules 

with rearward turbine blade displacement 

greater than 0.5 mm. 

(ii) For the remaining engines, inspect 

within the next 100 hours. Replace HP 

turbine modules with rearward turbine blade 

displacement greater than 0.5 mm. 

Repetitive Inspections 

(2) Perform repetitive HP turbine borescope 

inspections according to Turbomeca S.A. 

MSB No. 292 72 2825, dated April 5, 2007: 

(i) Within 600 hours or 500 cycles from the 

previous inspection, whichever occurs first, 

if the rearward displacement of the turbine 

blades was less than 0.2 mm. Replace HP 

turbine modules with rearward turbine blade 

displacement greater than 0.5 mm. 

(ii) Within 100 hours of the previous 

inspection if the rearward displacement of 

the turbine blades was between 0.2 mm and 

0.5 mm. Replace HP turbine modules with 

rearward turbine blade displacement greater 

than 0.5 mm. 

FAA AD Differences 

(f) For clarification, we restructured the 

actions and compliance wording of this AD. 

(g) We deleted the Turbomeca reporting 

requirement from the AD, since we 

determined that the reporting requirement 

was unnecessary. 

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 EASA Airworthiness Directive 

2007–0109, dated April 19, 2007, and 

Turbomeca S.A. MSB No. 292 72 2825, dated 

April 5, 2007, for related information. 

(j) Contact James Lawrence, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine & 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 Turbomeca S.A. 

Mandatory Service Bulletin No. 292 72 2825, 

dated April 5, 2007, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(l) 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. 

(m) 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. 

Issued in Burlington, Massachusetts, on 

April 16, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–9333 Filed 4–24–09; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 38 

RIN 3038–AC28 

Conflicts of Interest in Self-Regulation 

and Self-Regulatory Organizations 

AGENCY: Commodity Futures Trading 

Commission (‘‘Commission’’). 

ACTION: Final rule. 

SUMMARY: The Commission hereby 

adopts its final definition of ‘‘public 

director’’ for the acceptable practices to 

Section 5(d)(15) (‘‘Core Principle 15’’) of 

the Commodity Exchange Act (‘‘CEA’’ or 

‘‘Act’’).1 In addition, the Commission is 

lifting the stay it had previously placed 

on these acceptable practices. All 

designated contract markets (‘‘DCMs’’) 

must demonstrate full compliance with 

Core Principle 15, via the acceptable 

practices or otherwise, within one year 

of this document’s publication in the 

Federal Register. The acceptable 

practices and their procedural history 


dwashington3 on PROD1PC60 with RULES