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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 39 
          - [Docket No. FAA-2009-0330; Directorate Identifier 2008-NE-43-AD; Amendment 39-15961; AD 2009-14-11] 
          - RIN 2120-AA64 

# 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: 

On several ARRIUS 2F engines, the clearance between the P3 air pipe P/N 0319719180 and the rear right bulkhead P/N 0319998240 has been found to be too small. 

Investigations have shown that both P3 air pipe and rear right bulkhead were compliant to the design. The Turbomeca Engineering Department concluded that the tolerance of assembly established during the design could result in some rubbing between parts. 

Rubs between the pipe and the bulkhead may lead to premature wearing and finally rupture of the P3 air pipe. The loss of P3 air pressure would then force the fuel control system to idle which could have a detrimental effect in critical phases of flight.

We are issuing this AD to prevent an uncommanded power loss, which could result in an emergency autorotation landing or accident. 

# DATES:

This AD becomes effective August 19, 2009. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of August 19, 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 and 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 April 13, 2009 (74 FR 16809). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that:                 

On several ARRIUS 2F engines, the clearance between the P3 air pipe P/N 0319719180 and the rear right bulkhead P/N 0319998240 has been found to be too small. 

Investigations have shown that both P3 air pipe and rear right bulkhead were compliant to the design. The Turbomeca Engineering Department concluded that the tolerance of assembly established during the design could result in some rubbing between parts. 

Rubs between the pipe and the bulkhead may lead to premature wearing and finally rupture of the P3 air pipe. The loss of P3 air pressure would then force the fuel control system to idle which could have a detrimental effect in critical phases of flight.

## 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. 

## Conclusion 

We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. 

## Costs of Compliance 

Based on the service information, we estimate that this AD will affect about 94 engines installed on helicopters of U.S. registry. We also estimate that it will take about 1 work-hour per engine to comply with this AD. The average labor rate is $80 per work-hour. Required parts will cost about $705 per engine. Based on these figures, we estimate the cost of the AD on U.S. operators to be $73,790. 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:*

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. 

      ( print page 34222)    
§ 39.13 

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

**2009-14-11 Turbomeca S.A.:**                             Amendment 39-15961. Docket No. FAA-2009-0330; Directorate Identifier 2008-NE-43-AD.                         

## Effective Date 

(a) This airworthiness directive (AD) becomes effective August 19, 2009. 

## Affected ADs 

(b) None. 

## Applicability 

(c) This AD applies to Turbomeca S.A. ARRIUS 2F turboshaft engines with P3 air pipe, part number 0319719180, installed. These engines are installed on, but not limited to, Eurocopter EC120B helicopters. 

## Reason 

(d) Rubs between the pipe and the bulkhead may lead to premature wearing and finally rupture of the P3 air pipe. The loss of P3 air pressure would then force the fuel control system to idle which could have a detrimental effect in critical phases of flight. 

We are issuing this AD to prevent an uncommanded power loss, which could result in an emergency autorotation landing or accident. 

## Actions and Compliance 

(e) Unless already done, do the following actions within 100 operating hours after the effective date of this AD. Use paragraphs 2.B.(1) through 2.C.(2) of Turbomeca Mandatory Service Bulletin No. 319 75 4810, dated May 14, 2008. 

(1) Visually inspect P3 air pipe (first section) and RH rear half-wall. 

(2) Inspect play between P3 air pipe (first section) and RH rear half-wall. 

(3) Replace P3 air pipe (first section) if any damage is found. 

(4) Readjust the first section of the P3 air pipe if the inspected clearance is found to be not compliant. 

(5) If the play after readjusting the first section of the P3 air pipe is still less than 0.5 mm, repeat paragraphs (e)(1) through (e)(4) of this AD within intervals of 100 hours time-since-last inspection. 

(6) Replace RH rear half-wall if any damage is found. 

## FAA AD Differences 

(f) None. 

## Other FAA AD Provisions 

                            (g)                             *Alternative Methods of Compliance (AMOCs):*                             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 

(h) Refer to MCAI EASA Airworthiness Directive 2008-0134R1, dated February 17, 2009, and Turbomeca S.A. Mandatory Service Bulletin No. 319 75 4810, dated May 14, 2008, for related information. Contact Turbomeca, 40220 Tarnos, France; telephone 33 (0)5 59 74 40 00; telex 570 042; fax 33 (0)5 59 74 45 15, for a copy of this service information. 

                            (i) Contact James Lawrence, Aerospace Engineer, Engine Certification Office, FAA, Engine and 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 

(j) You must use Turbomeca Mandatory Service Bulletin No. 319 75 4810, dated May 14, 2008 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 Turbomeca, 40220 Tarnos, France; telephone 33 (0)5 59 74 40 00; telex 570 042; fax 33 (0)5 59 74 45 15. 

                            (3) 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/​ibr-locations.html.*

Issued in Burlington, Massachusetts, on June 30, 2009. 

Francis A. Favara, 

Manager, Engine and Propeller Directorate, Aircraft Certification Service.

 [FR Doc. E9-16113 Filed 7-14-09; 8:45 am] 

BILLING CODE 4910-13-P