Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Rules and Regulations 27023

(j) The modification and repair shall be

done in accordance with the following

service document:

Document No. Pages Revision Date

PW ASB No. A6104 including Appendix A, and Appendix B ................................... 2, 6 .................................... 1 May 21, 1993.

1, 3, 4, 5, 7–12 ................. 3 June 16, 1994.

Total pages: 12

PW ASB No. A6104 with Attachment 1 NDIP–764 .................................................. 1–14 .................................. ................... Dec. 8, 1992.

Total pages: 14

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 Pratt & Whitney, Materials Engineering.

Copies may be inspected at the FAA, New

England Region, Office of the Assistant Chief

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.

(k) This amendment becomes effective on

July 21, 1995.

Issued in Burlington, Massachusetts on

May 11, 1995.

James C. Jones,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 95–12328 Filed 5–18–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 94–ANE–08; Amendment 39–

9235; AD 95–11–01]

Airworthiness Directives; Turbomeca

Arriel 1 Series Turboshaft Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to Turbomeca Arriel 1 series

turboshaft engines, that currently

requires repetitive checks for engine

rubbing noise during gas generator

shutdown, and for free rotation of the

gas generator by rotating the compressor

manually after the last flight of the day.

This amendment continues to require

these checks, but eliminates the

reference to the Turbomeca service

bulletin, allows the pilot to perform all

the checks required in this AD, clarifies

the inspection interval requirement for

daily checks, and specifies terminating

action for the repetitive checks required

by this AD. In addition, this AD allows

the check for engine rubbing noise to be

performed during engine motoring, and

specifies that the engine turbine (T4)

temperature must be below 150 degrees

Centigrade when performing the check

for free rotation. This amendment is

prompted by comments submitted by

operators of the affected engines in

response to the existing AD and the

availability of an improved design 2nd

stage nozzle guide vane. The actions

specified by this AD are intended to

prevent engine failure due to rubbing of

the 2nd stage turbine disk on the 2nd

stage turbine nozzle guide vane, which

could result in complete engine failure

and damage to the aircraft.

DATES: Effective June 21, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 21,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained

from Turbomeca 64511 Bordes Cedex -

France. This information may be

examined at the Federal Aviation

Administration (FAA), New England

Region, Office of the Assistant Chief

Counsel, 12 New England Executive

Park, Burlington, MA 01803–5299; or at

the Office of the Federal Register, 800

North Capitol Street NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Glorianne Messemer, Aerospace

Engineer, Engine Certification Office,

FAA, Engine and Propeller Directorate,

12 New England Executive Park,

Burlington, MA 01803–5299; telephone

(617) 238–7132, fax (617) 238–7199.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 93–23–09,

Amendment 39–8745 (58 FR 63061,

November 30, 1993), which is

applicable to Turbomeca Arriel 1 series

turboshaft engines, was published in the

Federal Register on September 6, 1994

(59 FR 46005). That notice of proposed

rulemaking (NPRM) proposed to

continue to require repetitive checks for

engine rubbing noise during gas

generator shutdown, and for free

rotation of the gas generator by rotating

the compressor manually at a daily

interval until installation of the

improved 2nd stage nozzle guide vane.

That NPRM proposed to allow pilots to

perform all the required checks.

Performing these checks does not

require special training beyond that

already incurred by pilots of the aircraft

having affected engines, or the use of

tools or special measuring equipment,

or reference to technical data.

Accordingly, the FAA has determined

that pilots may perform all the checks

required by that NPRM as an exception

to Section 43.3 of the Federal Aviation

Regulations (14 CFR 43.3) regarding the

performance of maintenance.

In addition, the NPRM proposed to

allow the check for engine rubbing noise

to be performed during engine motoring,

and specifies that the engine turbine

(T4) temperature must be below 150

degrees Centigrade when performing the

check for free rotation. Also, the NPRM

proposed to require installation of

modification TU 202, which

incorporates an improved 2nd stage

nozzle guide vane manufactured from a

new material that is more resistant to

fatigue cracking, at the next engine

overhaul after the effective date of the

NPRM, but not later than December 31,

1999, as terminating action for the

repetitive checks. This calendar enddate is based upon parts availability.

The installation would be performed in

accordance with Turbomeca Service

Bulletin No. 292 72 0150, dated April

10, 1992.

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 in effect at the

time of type certification. The Direction

Generale de L’Aviation Civile (DGAC),

which is the airworthiness authority for

France, 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.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.
27024 Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Rules and Regulations

One commenter (the manufacturer)

states that Arriel engine models 1A,

1A1, 1A2, 1C, 1C1, and 1C2 should be

removed from the AD’s applicability

since these models are all installed in

twin-engine helicopters. The FAA does

not concur. The engine design

characteristics that produce the unsafe

condition are common to the Arriel 1

engine models specified in the

applicability section of the proposed

rule, and therefore must remain in the

AD to correct for the unsafe condition.

The commenter also states that the

compliance end-date for installation of

the terminating action should be

extended from December 31, 1999, to

December 31, 2002, to facilitate

logistical support of the improved

hardware. The FAA concurs and has

revised the compliance section of this

final rule accordingly.

The commenter also states that

modification TU 197 should be

designated in addition to TU 202 as

terminating action for the inspection

requirements of this AD. Modification

TU 197 is an improved 2nd stage nozzle

guide vane introduced to correct for the

unsafe condition that is installed on

production engines, whereas TU 202,

which is a similar design improvement,

was introduced for in-service engines.

The FAA concurs and has revised the

compliance section of this final rule

accordingly.

Since publication of the NPRM, the

FAA has increased its estimate of labor

cost from $55 to $60 per work hour to

better reflect current maintenance labor

rates. The FAA has revised the

economic analysis of this final rule.

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the changes

described previously. The FAA has

determined that these changes will not

increase the scope of the AD.

The FAA estimates that 160 engines

installed on aircraft of U.S. registry will

be affected by this AD, that it will take

approximately 0.2 work hours per

engine to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will cost approximately $8,000 per

engine. Based on an assumed utilization

rate and an assumed modification rate,

the total cost impact of the AD on U.S.

operators over the five year compliance

period is estimated to be $3,105,440.

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under 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. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it 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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing Amendment 39–8745 (58 FR

63061, November 30, 1993) and by

adding a new airworthiness directive,

Amendment 39–9235, to read as

follows:

95–11–01 Turbomeca: Amendment 39–

9235. Docket 94–ANE–08. Supersedes

AD 93–23–09, Amendment 39–8745.

Applicability: Turbomeca Arriel turboshaft

engines Models 1B that do have modification

TU 76 but do not have modification TU 197

or TU 202; Arriel Models 1D and 1D1 that

do not have modification TU 197 or TU 202;

Arriel Models 1A, 1A1, 1A2 that have had

modification TU 76 but do not have

modification TU 197 or TU 202; and Arriel

Models 1C, 1C1, and 1C2 that do not have

modification TU 197 or TU 202. These

engines are installed on but not limited to

Aerospatiale Models AS350B, SA365, and

AS565 helicopters.

Note: 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 use the authority

provided in paragraph (f) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any engine from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent engine failure due to rubbing of

the 2nd stage turbine disk on the 2nd stage

turbine nozzle guide vane, which could

result in engine failure and damage to the

aircraft, accomplish the following:

(a) For Turbomeca Arriel turboshaft

engines Models 1B that have modification

TU 76 but do not have modification TU 197

or TU 202; and Arriel Models 1D and 1D1

that do not have modification TU 197 or TU

202; accomplish the following:

(1) Perform a daily check for unusual

engine rubbing noises during gas generator

shutdown or as engine gas generator speed

decreases after completion of engine

motoring.

(2) Perform a daily check for free rotation

of the gas generator, when T4 temperature is

below 150 degrees Centigrade, by rotating the

compressor manually.

(3) While checking for free rotation of the

gas generator, perform a check for engine

rubbing noise.

(b) For Turbomeca Arriel turboshaft

engines Models 1A, 1A1, 1A2 that have

modification TU 76 but do not have

modification TU 197 or TU 202; and Arriel

Models 1C, 1C1, and 1C2 that do not have

modification TU 197 or TU 202; accomplish

the following:

(1) Within 50 hours time in service (TIS)

after the effective date of this AD, perform a

check for unusual engine rubbing noise

during gas generator shutdown or as engine

gas generator speed decreases after

completion of engine motoring.

(2) Thereafter, at intervals not to exceed 50

hours TIS since the last check, perform a

check for unusual engine rubbing noise

during gas generator shutdown or as engine

gas generator speed decreases after

completion of engine motoring.

(3) Perform a daily check for free rotation

of the gas generator when T4 temperature is

below 150 degrees C, by rotating the

compressor manually.

(4) While checking for free rotation of the

gas generator, perform a check for engine

rubbing noise.

(c) If any engine rubbing noise is detected

during the checks required by paragraphs (a)

and (b) of this AD, prior to further flight

replace gas generator module M03 with a

serviceable module.

(d) Install the improved 2nd stage nozzle

guide vane, modification TU 202 or TU 197,
Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Rules and Regulations 27025

at the next engine overhaul after the effective

date of this AD, but not later than December

31, 2002, in accordance with Turbomeca

Service Bulletin (SB) 292 72 0150, dated

April 10, 1992, or in accordance with SB 292

72 0153, dated February 22, 1993,

respectively. Installation of this hardware

constitutes terminating action to the checks

required by this AD.

(e) The checks required by paragraphs (a)

and (b) of this AD may be performed by the

pilot holding at least a private pilot

certificate as an exception to the

requirements of part 43 of the Federal

Aviation Regulations (14 CFR part 43). The

checks must be recorded in accordance with

Sections 43.9 and 91.417(a)(2)(v) of the

Federal Aviation Regulations (14 CFR 43.9

and 14 CFR 91.417(a)(2)(v)), and the records

must be maintained as required by the

applicable Federal Aviation Regulation.

(f) 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. The request should be

forwarded through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Engine Certification Office.

Note: Information concerning the existence

of approved alternative method of

compliance with this AD, if any, may be

obtained from the Engine Certification Office.

(g) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the aircraft to

a location where the requirements of this AD

can be accomplished.

(h) The actions required by this AD shall

be done in accordance with the following

Turbomeca SB’s:

Document No. Pages Date

292 72 0150 ........ 1–4 April 10, 1992.

Total pages: 4.

292 72 0153 ........ 1–5 February 22,

1993.

Total pages: 5.

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 64511

Bordes Cedex—France. Copies may be

inspected at the FAA, New England

Region, Office of the Assistant Chief

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.

(i) This amendment becomes effective

on June 21, 1995. Issued in Burlington,

Massachusetts, on May 15, 1995.

James C. Jones,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 95–12329 Filed 5–18–95; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706

Certifications and Exemptions Under

the International Regulations for

Preventing Collisions at Sea, 1972;

Amendment

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is amending its certifications and

exemptions under the International

Regulations for Preventing Collisions at

Sea, 1972 (72 COLREGS), to reflect that

the Deputy Assistant Judge Advocate

General (Admiralty) of the Navy has

determined that USS CARNEY (DDG 64)

is a vessel of the Navy which, due to its

special construction and purpose,

cannot comply fully with certain

provisions of the 72 COLREGS without

interfering with its special functions as

a naval ship. The intended effect of this

rule is to warn mariners in waters where

72 COLREGS apply.

EFFECTIVE DATE: May 2, 1995.

FOR FURTHER INFORMATION CONTACT:

Commander K.P. McMahon, JAGC, U.S.

Navy, Admiralty Counsel, Office of the

Judge Advocate General, Navy

Department, 200 Stovall Street,

Alexandria, VA 22332–2400, Telephone

number: (703) 325–9744.

SUPPLEMENTARY INFORMATION: Pursuant

to the authority granted in 33 U.S.C.

1605, the Department of the Navy

amends 32 CFR Part 706. This

amendment provides notice that the

Deputy Assistant Judge Advocate

General (Admiralty) of the Navy, under

authority delegated by the Secretary of

the Navy, has certified that USS

CARNEY (DDG 64) is a vessel of the

Navy which, due to its special

construction and purpose, cannot

comply fully with the following specific

provision of 72 COLREGS without

interfering with its special function as a

naval ship: Annex I, paragraph 3(a),

pertaining to the location of the forward

masthead light in the forward quarter of

the ship, and the horizontal distance

between the forward and after masthead

lights; Annex I, paragraph 2(f)(i),

pertaining to the placement of the

masthead light or lights above and clear

of all other lights and obstructions; and

Annex I, paragraph 3(c), pertaining to

placement of task lights not less than 2

meters from the fore and aft centerline

of the ship in the athwartship direction.

The Deputy Assistant Judge Advocate

General (Admiralty) has also certified

that the lights involved are located in

closest possible compliance with the

applicable 72 COLREGS requirements.

Moreover, it has been determined, in

accordance with 32 CFR Parts 296 and

701, that publication of this amendment

for public comment prior to adoption is

impracticable, unnecessary, and

contrary to public interest since it is

based on technical findings that the

placement of lights on this vessel in a

manner differently from that prescribed

herein will adversely affect the vessel’s

ability to perform its military functions.

List of Subjects in 32 CFR Part 706

Marine safety, Navigation (Water),

and Vessels.

Accordingly, 32 CFR Part 706 is

amended as follows:

PART 706—[AMENDED]

1. The authority citation for 32 CFR

Part 706 continues to read as follows:

Authority: 33 U.S.C. 1605.

2. Table Four of § 706.2 is amended

by:

a. Adding the following vessel to

Paragraph 15:

Vessel Number

Horizontal distance from the

fore and aft

centerline of the

vessel in the

athwartship direction

USS CARNEY DDG 64 1.90 meters.

b. Adding the following vessel to

Paragraph 16:

Vessel Number

Obstruction

angle relative

ship’s headings

USS CARNEY DDG 64 1.05.06 thru

112.50°.

3. Table Five of § 706.2 is amended by

adding the following vessel: