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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2005-22039; Directorate Identifier 2005-NE-33-AD; Amendment 39-14238; AD 2005-17-17]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT).
 ACTION: Final rule; request for comments.
 SUMMARY: The FAA is adopting a new airworthiness directive (AD) for Turbomeca S.A. Arrius 2F turboshaft engines. This AD requires replacing certain O-rings on the check valve piston in the lubrication unit. This AD results from a report of a forced landing of a Eurocopter EC120B helicopter. We are issuing this AD to prevent an uncommanded in-flight shutdown of the engine, which could result in a forced autorotation landing and damage to the helicopter.
 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 01803-2599, telephone (781) 238-7175; fax (781) 238-7199.


SUPPLEMENTARY INFORMATION: 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 Turbomeca S.A. Arrius 2F turboshaft engines. In addition, on May 13, 2005, an uncommanded in-flight engine shutdown (IFSD) of an Arrius 2F engine resulted in the forced landing of a Eurocopter EC120B helicopter in the Gulf of Mexico. Investigation of the engine found that an interruption of engine lubrication due to excessive swelling of the check valve O-ring in the lubrication unit caused the IFSD. The amount of swelling of the O-ring depends on the class of oil used, standard (STD) or high-thermal stability (HTS), and the engine operating time. This condition, if not corrected, could result in an uncommanded in-flight shutdown of the engine, which could result in a forced autorotation landing and damage to the helicopter. Relevant Service Information We have reviewed and approved the technical contents of Turbomeca Alert Service Bulletin (ASB) No. A319 79 4802, dated June 21, 2005, that describes procedures for replacing the O-ring on the check valve piston of the lubrication unit. The DGAC classified this alert service bulletin as mandatory and issued AD No. F-2005-122, dated July 20, 2005, in order to ensure the airworthiness of these Turbomeca S.A. Arrius 2F turboshaft engines in France. Bilateral Airworthiness Agreement This turboshaft 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 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 prevent an uncommanded in-flight shutdown of the engine, which could result in a forced autorotation landing and damage to the helicopter. This AD requires replacing the O-ring on the check valve piston in the lubrication unit at the following intervals: For engines that use HTS or an unknown class oil, within 300 hours time-since-new (TSN) or 50 hours after the effective date of this AD, whichever is later.
                For engines that use STD class oil, within 450 hours TSN or 50 hours after the effective date of this AD, whichever is later.
                Thereafter, replace the O-ring within 300 hours time-since-last replacement (TSR) on engines that use HTS class oil or 500 hours TSR on engines that use STD class oil. 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. Interim Action These actions are interim actions and we may take further rulemaking actions in the future. 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-2005-22039; Directorate Identifier 2005-NE-33-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. 
                    ( print page 50165) 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 Docket Management Facility 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 Docket Management Facility 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. 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: **2005-17-17  Turbomeca S.A:**
                             Amendment 39-14238. Docket No. FAA-2005-22039; Directorate Identifier 2005-NE-33-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 EC120B helicopters. Unsafe Condition (d) This AD results from a report of a forced landing of a Eurocopter EC120B helicopter. We are issuing this AD to prevent an uncommanded in-flight shutdown of the engine, which could result in a forced autorotation landing and damage to the helicopter. 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. O-Ring Replacement (f) Replace the O-ring on the check valve piston in the lubrication unit at the intervals specified in Table 1 of this AD. Use the “Instructions to be Incorporated,” 2.A. through 2.C. (2) of Turbomeca Alert Service Bulletin No. A319 79 4802, dated June 21, 2005, to replace the O-ring. Table 1.—Compliance Times for O-Ring Replacement
If the class of oil is * * *
Then replace the O-ring by the later of * * *
Thereafter, replace the O-ring within * * *(1) HTS or unknown
300 hours time-since-new (TSN) or 50 hours after the effective date of this AD
300 hours time-since-last replacement (TSR).(2) STD
450 hours TSN or 50 hours after the effective date of this AD
500 hours TSR.
 Alternative Methods of Compliance (g) 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 (h) DGAC airworthiness directive F-2005-122, dated July 20, 2005, also addresses the subject of this AD. Material Incorporated by Reference (i) You must use Turbomeca Alert Service Bulletin No. A319 79 4802, dated June 21, 2005 to perform the replacements 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, 
                            ( print page 50166)
                            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/​cfr/​ibr-locations.html.* Issued in Burlington, Massachusetts, on August 17, 2005. Richard Noll, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service.


[FR Doc. 05-16834 Filed 8-25-05; 8:45 am] BILLING CODE 4910-13-P