[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Proposed Rules]
[Pages 3978-3980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1186]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / 
Proposed Rules

[[Page 3978]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22039; Directorate Identifier 2005-NE-33-AD]
RIN 2120-AA64


Airworthiness Directives; Turbomeca S.A. Arrius 2F Turboshaft 
Engines

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) for Turbomeca S.A. Arrius 2F turboshaft engines that 
have not incorporated Turbomeca Modification Tf75. That AD currently 
requires replacing the O-ring on the check valve piston in the 
lubrication unit at repetitive intervals. This proposed AD would 
require the same repetitive replacements and would require 
incorporating Modification Tf75 as terminating action to the repetitive 
O-ring replacements. Modification Tf75 replaces the check valve piston 
with a piston design not requiring an O-ring. This proposed AD results 
from the European Aviation Safety Agency (EASA) and Turbomeca S.A. 
mandating the incorporation of Modification Tf75. We are proposing 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: We must receive any comments on this proposed AD by March 23, 
2009.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD.
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    <bullet> Fax: (202) 493-2251.

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: 
<a href="/cdn-cgi/l/email-protection#a9c3c8c4ccda87c5c8dedbccc7cacce9cfc8c887cec6df"><span class="__cf_email__" data-cfemail="c4aea5a9a1b7eaa8a5b3b6a1aaa7a184a2a5a5eaa3abb2">[email protected]</span></a>; telephone (781) 238-7176; fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposal. Send your comments to an address 
listed under ADDRESSES. Include ``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 proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light 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 proposed 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).

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.

Discussion

    On February 7, 2007, we issued AD 2005-17-17R1, Amendment 39-14940 
(72 FR 6925, February 14, 2007). That AD requires replacing the O-ring 
on the check valve piston in the lubrication unit at repetitive 
intervals. EASA, which is the Technical Agent for the Member States of 
the European Community, notified us that an unsafe condition may exist 
on Turbomeca S.A. Arrius 2F turboshaft engines that have not 
incorporated Turbomeca Modification Tf75. EASA advises that these 
engines could experience an uncommanded in-flight shutdown, which could 
result in a forced autorotation landing and damage to the helicopter.

Actions Since AD 2005-17-17R1 Was Issued

    Since AD 2005-17-17R1 was issued, EASA and Turbomeca have mandated 
that the check valve piston in the lubrication unit be replaced with a 
check valve piston not requiring an O-ring, no later than May 31, 2009, 
by incorporating Modification Tf75.

Relevant Service Information

    We have reviewed and approved the technical contents of Turbomeca 
S.A. Mandatory Service Bulletin (MSB) No. 319 79 4075, Version B, dated 
May 14, 2008. That MSB describes procedures for incorporating 
Modification Tf75, which replaces the check valve piston with one not 
requiring an O-ring. EASA classified this MSB as mandatory and issued 
AD 2008-0170 to ensure the airworthiness of these Arrius 2F turboshaft 
engines in Europe.

Bilateral Agreement Information

    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, EASA has kept us informed of the situation 
described above. We have examined the findings of EASA, reviewed all 
available

[[Page 3979]]

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 the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other products 
of this same type design. We are proposing this AD, which would require 
replacing the O-ring on the check valve piston in the lubrication unit 
at repetitive intervals. This proposed AD would also require 
incorporating Modification Tf75 within 5 months after the AD effective 
date, as terminating action to the repetitive O-ring replacements. The 
proposed AD would require that you do these actions using the service 
information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 94 Arrius 2F 
turboshaft engines installed on helicopters of U.S. registry. We also 
estimate that it would take about one work-hour per engine to perform 
an O-ring replacement, and about one work-hour to incorporate 
Modification Tf75. The average labor rate is $80 per work-hour. 
Required parts would cost about $16 per engine for O-ring replacement, 
and about $20 per engine for incorporating Modification Tf75. Based on 
these figures, we estimate the total cost of the proposed AD to U.S. 
operators to be $18,424.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 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. Would 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 proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-14940 (72 FR 
6925, February 14, 2007) and by adding a new airworthiness directive, 
to read as follows:

Turbomeca S.A: Docket No. FAA-2005-22039; Directorate Identifier 
2005-NE-33-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this airworthiness directive (AD) action by March 23, 
2009.

Affected ADs

    (b) This AD supersedes AD 2005-17-17R1, Amendment 39-14940, as 
terminating action to the repetitive O-ring replacements required by 
that AD.

Applicability

    (c) This AD applies to Turbomeca S.A. Arrius 2F turboshaft 
engines that have not incorporated modification Tf75. These engines 
are installed on, but not limited to, Eurocopter EC120B helicopters.

Unsafe Condition

    (d) This AD results from the European Aviation Safety Agency 
(EASA) and Turbomeca S.A. mandating the incorporation of 
Modification Tf75. The actions specified in this AD are intended 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 paragraphs 2.A. through 
2.C.(2) of Turbomeca Alert Service Bulletin No. A319 79 4802, Update 
No. 1, dated April 3, 2006, to replace the O-ring.

            Table 1--Compliance Times for O-Ring Replacement
------------------------------------------------------------------------
                                                          Thereafter,
    If the class of oil is:      Then replace the O-     replace the O-
                                ring by the later of:     ring within:
------------------------------------------------------------------------
(1) HTS or unknown............  300 hours time-since-  300 hours time-
                                 new (TSN) or 50        since-last
                                 hours after March      replacement
                                 21, 2007 (effective    (TSR).
                                 date of AD 2005-17-
                                 17R1).
(2) STD.......................  450 hours TSN or 50    500 hours TSR.
                                 hours after March
                                 21, 2007 (effective
                                 date of AD 2005-17-
                                 17R1).
------------------------------------------------------------------------


[[Page 3980]]

Mandatory Terminating Action

    (g) Within 5 months after the effective date of this AD, do the 
following mandatory terminating action to the repetitive O-ring 
replacements:
    (1) Incorporate Turbomeca Modification Tf75 by replacing the 
check valve piston in the lubrication unit, with a check valve 
piston requiring no O-ring.
    (2) Use the Instructions to be Incorporated paragraphs 2.A. 
through 2.B.(1)(r) of Turbomeca Mandatory Service Bulletin No. 319 
79 4075, Version B, dated May 14, 2008, to replace the check valve 
piston.

Alternative Methods of Compliance

    (h) The Manager, Engine Certification Office, FAA, 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) EASA AD 2008-0170, dated September 25, 2008, also addresses 
the subject of this AD.
    (j) Contact Turbomeca S.A., 40220 Tarnos, France; e-mail: <a href="/cdn-cgi/l/email-protection#7f11100d161e521b1e13131e0c3f0b0a0d1d10121a1c1e511c1012"><span class="__cf_email__" data-cfemail="630d0c110a024e07020f0f021023171611010c0e0600024d000c0e">[email protected]</span></a>; telephone 33 05 59 74 40 00, fax 33 05 59 74 
45 15, or go to: http://www.turbomeca-support.com, for a copy of the 
service information identified in this AD.
    (k) Contact James Lawrence, Aerospace Engineer, Engine 
Certification Office, FAA, Engine and Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
<a href="/cdn-cgi/l/email-protection#5e343f333b2d70323f292c3b303d3b1e383f3f70393128"><span class="__cf_email__" data-cfemail="0f656e626a7c21636e787d6a616c6a4f696e6e21686079">[email protected]</span></a>; telephone (781) 238-7176; fax (781) 238-
7199, for more information about this AD.

    Issued in Burlington, Massachusetts, on January 13, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E9-1186 Filed 1-21-09; 8:45 am]
BILLING CODE 4910-13-P


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