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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2005-21924; Directorate Identifier 2005-NE-30-AD; Amendment 39-14236; AD 2005-17-15]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule; request for comments.

# SUMMARY:

The FAA is adopting a new airworthiness directive (AD) for Turbomeca Arrius 2F turboshaft engines. This AD requires a one-time removal and inspection of the fuel filter-holder assembly to determine that the fuel control unit (FCU) filter is dimensionally correct. The AD also requires updating the Engine Maintenance Manuals to include a dimensional check of the fuel filter-holder assembly every time the FCU filter element is removed from the fuel filter-holder assembly. This AD results from reports of restricted fuel flow caused by a dimensionally incorrect FCU filter. Ground run testing may not detect the fuel flow limitation. We are issuing this AD to detect a dimensionally incorrect FCU filter that could lead to an undetected limitation of fuel flow, limiting the maximum power available in-flight, which could result in the inability to continue safe flight, avoid obstacles or land safely.

# DATES:

Effective September 12, 2005. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of September 12, 2005.

We must receive any comments on this AD by October 25, 2005.

# ADDRESSES:

Use one of the following addresses to comment on this AD:
      - DOT Docket Web site: Go to http://dms.dot.gov                          and follow the instructions for sending your comments electronically.                    
      - Government-wide rulemaking Web site: Go to http://www.regulations.gov                          and follow the instructions for sending your comments electronically.                    
      - Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001.
      - Fax: (202) 493-2251.
      - Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Contact Turbomeca S.A., 40220 Tarnos, France; telephone 33 05 59 74 40 00, fax 33 05 59 74 45 15, for the service information identified in this AD.

# FOR FURTHER INFORMATION CONTACT:

Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803-5299; telephone (781) 238-7175; fax (781) 238-7199.

# SUPPLEMENTARY INFORMATION:

The Direction Generale de L'Aviation Civile (DGAC), which is the airworthiness authority for France, notified us that an unsafe condition might exist on Turbomeca S.A. Arrius 2F turboshaft engines. The DGAC advised us of reports of restricted fuel flow caused by a dimensionally incorrect FCU filters. Ground run testing may not detect the fuel flow limitation and, therefore, it could go undetected until maximum power is needed for certain flight conditions. We are issuing this AD to detect a dimensionally incorrect FCU filter that could lead to an undetected limitation of fuel flow, limiting the maximum power available in-flight, which could result in the inability to continue safe flight, avoid obstacles or land safely.

## Relevant Service Information

We have reviewed and approved the technical contents of Turbomeca Mandatory Alert Service Bulletin No. A319 73 4823, dated May 11, 2005, that describes procedures for checking the correct position of the FCU fuel filter. The DGAC classified this service bulletin as mandatory and issued AD No. F-2005-088, in order to ensure the airworthiness of these engines in France.

## Bilateral Airworthiness Agreement

This engine model is manufactured in France and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Under this bilateral airworthiness agreement, the Direction General De L'Aviation Civile (DGAC), which is the airworthiness authority for France, recently notified us that an unsafe condition might exist on certain Turbomeca S.A. Arrius 2F turboshaft engines. Under this bilateral airworthiness agreement, the DGAC kept the FAA informed of the situation described above. We have 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 and Requirements of This AD

                    The unsafe condition described previously is likely to exist or develop on other Turbomeca S.A. Arrius 2F turboshaft engines of the same type design. We are issuing this AD to detect incorrect positioning of the FCU filter that could lead to an undetected limitation of fuel flow, limiting the                           ( print page 50169)                        maximum power available in-flight, which could result in the inability to continue safe flight, avoid obstacles or land safely. This AD requires a one-time removal and inspection of the fuel filter-holder assembly to determine that the fuel control unit (FCU) filter is in the correct position. The AD also requires that the Engine Maintenance Manuals be updated to include this inspection every time the FCU filter is removed from the fuel filter-holder assembly. You must use the service information described previously to perform the actions required 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-2005-21924; Directorate Identifier 2005-NE-30-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://dms.dot.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 DMS web site, anyone can find and read the comments in any of our dockets, including 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) or you may visit                     *http://dms.dot.gov*.                

## Examining the AD Docket

                    You may examine the docket that contains the AD, any comments received, and any final disposition in person at the DMS Docket Offices between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone (800) 647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in                     **ADDRESSES**                    . Comments will be available in the AD docket shortly after the DMS receives them.                

## 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 the regulation:

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 by sending a request to us at the address listed under                     **ADDRESSES**                    . Include “AD Docket No. 2005-NE-30-AD” in your request.                

# List of Subjects in 14 CFR Part 39

      - Air transportation
      - Aircraft
      - Aviation safety
      - Incorporation by reference
      - Safety

## Adoption of the Amendment

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

1. The authority citation for part 39 continues to read as follows: 

Authority:49 U.S.C. 106(g), 40113, 44701.

§ 39.13 

2. The FAA amends § 39.13 by adding the following new airworthiness directive: 

**2005-17-15 Turbomeca S.A:**                             Amendment 39-14236. Docket No. FAA-2005-21924; Directorate Identifier 2005-NE-30-AD.                        

## Effective Date

(a) This airworthiness directive (AD) becomes effective September 12, 2005.

## Affected ADs

(b) None.

## Applicability

(c) This AD applies to Turbomeca S.A. Arrius 2F turboshaft engines. These engines are installed on, but not limited to, Eurocopter EC120 helicopters.

## Unsafe Condition

(d) This AD results from incorrect positioning of the FCU filter that could limit the fuel flow downstream of the filter. We are issuing this AD to detect incorrect positioning of the FCU filter that could lead to an undetected limitation of fuel flow, limiting the maximum power available in-flight, which could result in the inability to continue safe flight, avoid obstacles or land safely.

## Compliance

(e) You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done.

## Check Position of Fuel Control Unit (FCU) Fuel Filter

(f) Within 25 engine-operating-hours after the effective date of this AD, remove the fuel filter-holder assembly and check that the FCU fuel filter is in the correct position using Paragraph 2 of Turbomeca Mandatory Alert Service Bulletin No. A319 73 4823, dated May 11, 2005.

                            (g) Within 30 days, revise your engine maintenance manual to include a dimensional check to ensure the correct position of the FCU filter after every installation of the fuel filter element into the fuel filter-holder assembly. The latest revision of the Arrius 2F maintenance manual includes the dimensional check in Sub-Task 73-23-06-901-002 paragraph (2)(e).                                  ( print page 50170)    

## Alternative Methods of Compliance (AMOCs)

(h) The Manager, Engine 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.

## Related Information

(i) DGAC airworthiness directive No. F-2005-088, dated June 8, 2005, also addresses the subject of this AD.

## Material Incorporated by Reference

                            (j) You must use Turbomeca Mandatory Alert Service Bulletin No. A319 73 4823, dated May 11, 2005, to perform the check required 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 Turbomeca S.A., 40220 Tarnos, France; telephone 33 05 59 74 40 00, fax 33 05 59 74 45 15, for a copy of this service information. You may review copies at the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001, on the internet at                             *http://dms.dot.gov*; 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/​code_​of_​federal_​regulations/​ibr_​locations.html.*

Issued in Burlington, Massachusetts, on August 17, 2005.

Richard Noll,

Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service.

[FR Doc. 05-16902 Filed 8-25-05; 8:45 am]

BILLING CODE 4910-13-P