[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Rules and Regulations]
[Pages 39842-39846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19230]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-ANE-10; Amendment 39-9328; AD 95-16-08]


Airworthiness Directives; AlliedSignal, Inc. TPE331 Series 
Turboprop and TSE331 Series Turboshaft Engines

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to AlliedSignal, Inc. (formerly Allied-Signal, Inc., Garrett 
Engine Division, Garrett Turbine Engine Company, and AiResearch 
Manufacturing Co. of Arizona) TPE331 series turboprop and TSE331 series 
turboshaft engines, that requires a record check of engine records to 
determine if any repair, assembly, modification, or installation work 
was performed by Fliteline Maintenance, formerly located in Wharton, 
Texas, or Mr. Eugene E. Shanks, or Mr. Carl Ramirez (collectively 
referred to as ``Fliteline''). In addition, for engines determined to 
have repair, assembly, modification, or installation work 

[[Page 39843]]
performed by Fliteline, this action requires verification of all life 
limited components, inspection of affected components, and verification 
of compliance with all applicable AD's. This amendment is prompted by 
the results of a Federal Aviation Administration (FAA) investigation 
involving engines repaired, assembled, modified, or installed by 
Fliteline. The actions specified by this AD are intended to prevent 
uncontained failure of turbine rotors, fire, or loss of aircraft 
control.

Effective DATE; September 5, 1995.

FOR FURTHER INFORMATION CONTACT: Joseph Costa, Aerospace Engineer, Los 
Angeles Aircraft Certification Office, FAA, Transport Airplane 
Directorate, 3960 Paramount Blvd., Lakewood, CA 90712; telephone (310) 
627-5246, fax (310) 627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to AlliedSignal, Inc. (formerly 
Allied-Signal, Inc., Garrett Engine Division, Garrett Turbine Engine 
Company, and AiResearch Manufacturing Co. of Arizona) TPE331 series 
turboprop and TSE331 series turboshaft engines was published in the 
Federal Register on August 5, 1994 (59 FR 39983). That action proposed 
to require a record check of engine records to determine if any repair, 
assembly, modification, or installation work was performed by Fliteline 
Maintenance, formerly located in Wharton, Texas, or Mr. Eugene E. 
Shanks, or Mr. Carl Ramirez (collectively referred to as 
``Fliteline''). In addition, for engines determined to have repair, 
assembly, modification, or installation work performed by Fliteline, 
this action requires verification of all life limited components, 
inspection of affected components, and verification of compliance with 
all applicable AD's.
    The Federal Aviation Administration (FAA) received a report of an 
aircraft accident involving an Ayres S2R-600 aircraft, with a modified 
AlliedSignal, Inc. (formerly Allied-Signal, Inc., Garrett Engine 
Division, Garrett Turbine Engine Company, and AiResearch Manufacturing 
Co. of Arizona) Model TPE331-1-151A turboprop engine installed. The FAA 
has determined that the engine installed on the accident aircraft was a 
configuration not approved for that aircraft and was improperly 
modified. The unapproved configuration and improper modification on 
that engine were performed by Mr. Eugene E. Shanks, the owner of 
Fliteline Maintenance, a domestic repair station, formerly located in 
Wharton, Texas. Since this accident, the FAA conducted further 
investigation of other AlliedSignal, Inc. TPE331 series engines 
repaired or maintained by Mr. Eugene E. Shanks under the name of 
Fliteline Maintenance. On these engines, the FAA found that the 
requirements of some applicable AD's had not been performed when the 
engine records indicated that the work had been performed, the records 
for life limited turbine components indicated more useful life than the 
components actually had remaining, parts were installed that are not 
approved for aircraft use, and modifications that had been performed 
without approved data. In addition, the FAA has determined that the 
records maintained by Fliteline Maintenance on the engines it repaired, 
assembled, or modified do not identify all of the suspect engine models 
and serial numbers. These conditions, if not corrected, could result in 
uncontained failure of turbine rotors, fire, or loss of aircraft 
control.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter concurs with the rule as proposed.
    Two commenters describe their service history of safe operation 
with aircraft and engines maintained by Fliteline. Therefore the 
commenters conclude that no AD is necessary. The FAA does not concur. 
The FAA's investigation has revealed a substantial number of component 
and AD discrepancies on many engines maintained by Fliteline. These 
discrepancies constitute an unsafe condition that exists or is likely 
to develop on engines of the same type design. This AD corrects that 
unsafe condition.
    One commenter states that an AD is not necessary because every 
operator that has maintenance performed by Fliteline should know 
exactly the configuration and condition of their engine because that 
operator pays the bills. The commenter believes that an Advisory 
Circular (AC) might be in order, not an AD. The FAA does not concur. An 
AC provides guidance and information for complying with a related 
Federal Aviation Regulation(s). This AD identifies those products in 
which the FAA has found an unsafe condition and prescribes the actions 
each operator must take to correct that unsafe condition.
    Three commenters state that the FAA should attempt to identify the 
engines and life limited components by engine serial number rather than 
including every TPE331 engine in the applicability. The commenters 
state that AD applicability is too broad and unnecessary. The FAA does 
not concur. The FAA has determined that Fliteline performed maintenance 
on a wide range of engine models and life limited turbine components. 
In addition, Fliteline did not produce a reliable and comprehensive 
list of suspect engines and models. Therefore, the applicability of the 
AD encompasses a number of engine models and requires a records search 
to determine which life limited components are affected by the AD.
    One commenter states that Mr. Ramirez's name should be removed from 
the AD because he identified a list of TPE331 series engine on which he 
performed maintenance, including serial numbers: P-06045, P-06460C, P-
20050, P-20288, P-20411, P-34004, P-34010, P-34013, P-34015, P-40222, 
P-40227, P-61041, P-90252C, P-91094C, P-92129, P-92159, and P-92190. 
The FAA does not concur. The FAA was unable to verify that the list 
provided by Mr. Ramirez represented a complete list of all the engines 
maintained by him. Therefore the FAA could not justify removing his 
name from the AD.
    One commenter states that 50% of the engines maintained by 
Fliteline were single engine restricted category aircraft that were 
certified under the predecessors to the Federal Aviation Regulations 
and implied that these engines should not be affected by the AD. The 
FAA does not concur. Airworthiness Directives issued under part 39 of 
the Federal Aviation Regulations apply to all identified products when 
an unsafe condition exists and when that condition is likely to exist 
and develop in other products of the same type design, regardless of 
the certification basis.
    Two commenters state that the compliance time in paragraph (a) in 
the NPRM is unreasonably short for airlines with many suspect engines 
or with high utilization. The FAA concurs in part. The FAA's 
investigation has shown that it is very unlikely that a single owner 
would operate a fleet of engines maintained by Fliteline. However, the 
overall scope of the records review has increased. The records review 
now encompasses aircraft maintenance records and purchase receipts 
along with engine maintenance records. In addition, the FAA has 
determined that the 20 hour compliance time to complete paragraph (a) 
is not essential to maintain safety and therefore is not necessary. The 
AD has, therefore, been changed to require accomplishing paragraphs (a) 
and (b) within 400 cycles 

[[Page 39844]]
in service after the effective date of this AD.
    One commenter indicates that records of maintenance performed by 
Fliteline are no longer available due to Original Equipment 
Manufacturer (OEM) log book or life limited part log format changes or 
due to one-year maintenance records retention requirements. The 
commenter states that the records review requirements of paragraph (a) 
should be limited only to the last 12 months. The FAA does not concur. 
Life limited part logs must be kept for the life of the part regardless 
of the life limited part log format. In addition, other records may be 
required to be kept for a period longer than 12 months; therefore, the 
FAA has determined not to limit the record search to 12 months.
    One commenter mentions that ``other pertinent data'' stated in 
paragraph (a) of the NPRM needs a better definition. The FAA concurs 
and has clarified this statement in this final rule by specifying the 
review of engine life limited part logs, engine repair and maintenance 
records, maintenance and purchase receipts, and aircraft records.
    One commenter asks whether a list of persons or facilities, which 
performed maintenance on their engines, may be used for the records 
review requirement in paragraph (a) of the NPRM. The FAA does not 
concur that a list of persons or facilities constitutes a review of 
engine records as specified in paragraph (a) of this final rule. 
However, such a list, with additional assurances, may be adequate. 
Operators may apply for an alternative method of compliance using the 
procedures in paragraph (c) of this final rule.
    One commenter states that the words, ``any repair, assembly, 
modification, or installation,'' as stated in paragraph (a) of the 
NPRM, are over inclusive, because not all of Fliteline's maintenance 
actions are related to the corrective actions required by this AD. The 
FAA concurs in part. The FAA has deleted the word ``installation'' from 
paragraph (a) of this final rule because installation includes engine 
installation about which the FAA is not concerned. The FAA has 
determined, however, to keep the words ``any engine repair, assembly, 
and modification,'' because the discrepancies noted in engines repaired 
by Fliteline are related to these actions.
    One commenter states that life limited part logs of spare turbine 
wheels possibly received from Fliteline should be reviewed. The FAA 
agrees that operators must validate all Fliteline life limited part log 
entries for all life limited turbine components. This final rule has 
been revised to also include life limited turbine components received 
from Fliteline.
    One commenter questions the use of engine manufacturer and repair 
station data to verify the life limited part logs. The commenter 
suggests that the FAA lacks the authority to require operators to 
verify the life limited part logs with data from the engine 
manufacturer or repair stations when those parties are not required to 
keep that data. The FAA does not concur. The data needed to accomplish 
the requirements of paragraph (b)(1)(ii) of the AD may be available 
from manufacturers or repair stations. However, paragraph (b)(1)(iii) 
provides that if the data is not available the component must be 
removed from service. The FAA has the authority to require operators to 
take actions necessary to correct the unsafe condition identified in 
this AD.
    One commenter requests that the AD clarify the method for 
validating life limited part log entries. This commenter also questions 
whether documentation was required for compliance. The commenter 
suggests that paragraph (b)(1)(ii) requires a validation entry on each 
life limited part log to reflect compliance with this AD. The FAA 
concurs in part. Each registered owner or operator need only make a 
single entry in the maintenance records indicating compliance with this 
AD per Federal Aviation Regulation part 91.417 (a)(2)(v). However, the 
FAA recommends that documentation validating all Fliteline life limited 
part log entries be kept in the engine records or attached to the life 
limited part log.
    Several commenters state that paragraph (b) does not have any 
provisions for relief if another engine entry (i.e., beyond nut 
removal) was accomplished by a different maintenance organization after 
maintenance performed by Fliteline. A commenter suggests the AD provide 
a credit, which will reduce unnecessary AD effort, which clearly 
addresses the possibility of an earlier entry and validation by an FAA 
approved maintenance facility or person after maintenance by Fliteline. 
The FAA concurs. Paragraph (b)(1)(i) of this final rule has been 
revised to allow credit for engine inspections and overhauls 
accomplished subsequent to maintenance performed by Fliteline. 
Paragraph (b)(2) of this final rule has also been revised to allow 
credit for complete engine overhaul accomplished by the engine 
manufacturer, FAA certified repair station, or FAA certified mechanic, 
other than Fliteline.
    One commenter recommends that the phrase ``disassembled beyond 
shaft nut removal'' referenced in paragraph (b)(1) in the NPRM should 
be clarified to state ``disassembled beyond aft turbine mainshaft nut 
removal.'' The FAA concurs and has revised this final rule accordingly.
    One commenter states that the FAA offers no comment on the cost of 
doing the initial record check on each engine referenced by the NPRM's 
applicability. The commenter recommends that the FAA address the time 
expended and cost of reviewing records. The FAA concurs and has revised 
the estimated number of engines, labor and cost involved in the initial 
record search in accordance with paragraph (a) in this AD.
    One commenter questions the FAA's economic analysis stating that it 
does not include the cost of expendable parts. The FAA concurs. The FAA 
has re-evaluated the costs to correct improper maintenance as required 
by paragraph (b) in the compliance section of this AD and has revised 
the economic analysis section accordingly.
    One commenter suggests that the FAA include the business address 
for Fliteline Maintenance in the AD. The FAA concurs in part. Fliteline 
Maintenance is no longer doing business as a certified repair station 
at its former location. The FAA has, however, decided to include the 
former location of Fliteline in the AD in order to avoid confusion with 
any other repair facility in the country using that name. The AD has 
been revised accordingly.
    Several commenters take issue with the NPRM's discussion section. 
Since those comments did not directly suggest that the FAA needed to 
make changes to the rule as proposed, the FAA does not address them. To 
the extent those comments could be read to suggest a change to the 
rule, the FAA has addressed those comments in the preceding paragraphs.
    The FAA has changed the compliance time in paragraph (b) of this 
final rule from 100 hours time in service to 400 cycles in service 
after the effective date of this AD. This change is based on data 
received from the engine manufacturer concerning replacement parts 
availability and a determination that a compliance interval based on 
engine cycles is more appropriate for the affected components.
    In addition, the FAA has clarified the aircraft applicability in 
this final rule by adding the words ``models'' and ``series.'' Also, 
since publication of the NPRM, the Los Angeles Aircraft Certification 
Office has moved and the contact information has been revised 
accordingly.
    After careful review of the available data, including the comments 
noted 

[[Page 39845]]
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 estimates that 7,000 engines installed on aircraft of U.S. 
registry will be affected by the initial records search described in 
paragraph (a) of the compliance section. The FAA has estimated that the 
initial records search will take approximately two hours per engine and 
that the average labor rate is $60. per work hour. Furthermore, the FAA 
estimates that 350 engines installed on aircraft of U.S. registry will 
be affected by paragraph (b) of this AD, that it will take 
approximately 120 work hours per engine to accomplish the actions 
required by paragraph (b), and that the average labor rate is $60 per 
work hour. It will also take an estimated three work hours per engine 
to accomplish an additional records review, and the FAA estimates that 
parts will cost approximately $16,000 per engine. Based on these 
figures, the FAA estimates that total cost impact of the AD on U.S. 
operators is estimated to be $9,023,000.
    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 USC 106(g), 40101, 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-16-08  AlliedSignal, Inc.: Amendment 39-9328. Docket 94-ANE-10.

    Applicability: AlliedSignal, Inc. (formerly Allied-Signal, Inc., 
Garrett Engine Division, Garrett Turbine Engine Company, and 
AiResearch Manufacturing Co. of Arizona), TPE331-25, -43, -1, -2, -
3, -5, -6, -8, -10, -11, and -12 series, and -55B and -61A Model 
turboprop engines; and TSE331-3U Model turboshaft engines. These 
engines are installed on but not limited to Mitsubishi MU-2B series 
(MU-2 series); Construcciones Aeronauticas, S.A. (CASA) C-212 
series; Jetstream 3101 and 3201 series; Fairchild SA226 and SA227 
series; Prop-Jets, Inc. Model 400; Cessna Model 441; Twin Commander 
Aircraft Corp. 680, 690, and 695 series, and Model 681; Rockwell 
Commander or Ayres Corp. S-2R series; Short Brothers and Harland, 
Ltd. SC7; Dornier 228 Series; Beech Aircraft Corp. 18 and 45 series 
and Models JRB-6, 3N, 3NM, 3TM, and B100; Pilatus PC-6 series; 
DeHavilland DH 104 Dove series; Grumman Model TS-2A; Grumman 
American Model G-164C; and Schweitzer Aircraft Corp. Model G-164 
series aircraft.

    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 (c) 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 uncontained failure of turbine rotors, fire, or loss 
of aircraft control, accomplish the following:
    (a) Within 400 cycles in service (CIS) after the effective date 
of this AD, review engine life limited part logs, engine repair and 
maintenance records, maintenance purchase receipts, and aircraft 
maintenance records (collectively referred to as ``records'') to 
identify any engine repair, assembly, or modification that was 
performed by, or any life limited turbine components received from 
Fliteline Maintenance, located in Wharton, Texas, domestic repair 
station certificate number GR2R856K; or Mr. Eugene E. Shanks, 
mechanic certificate number 1914482; or Mr. Carl Ramirez, mechanic 
certificate number 466432551 (collectively referred to as 
``Fliteline'').
    (b) Within 400 CIS after the effective date of this AD, for 
engines or components identified in accordance with paragraph (a) of 
this AD, accomplish the following:
    (1) If records or other pertinent information indicate that the 
engine was disassembled beyond aft turbine mainshaft nut removal 
from the tie bolt by Fliteline, verify life limited turbine 
components and take appropriate action by the following methods:
    (i) Remove, disassemble the engine, compare, and match each 
component's part number (P/N) and serial number (S/N) against that 
engine's issued life limited part logs. Engine hot section 
inspection or overhaul normally requires comparing and matching of 
turbine components with the life limited part logs. An engine hot 
section inspection or overhaul, subsequent to maintenance by 
Fliteline, and performed by the engine manufacturer, an FAA 
certified repair station, or an FAA certified mechanic, other than 
Fliteline, constitutes compliance with paragraph (b)(1)(i) of this 
AD.
    (ii) Validate all Fliteline life limited part log entries by 
utilizing the component's hourly and cyclic life immediately before 
the Fliteline entry, as determined by records of the engine 
manufacturer or FAA certified repair stations other than Fliteline. 
A life limited part log entry is defined as a removal or 
installation record. Photocopied life limited part logs may be used 
provided component history can be established.

    Note: Engine manufacturer record and service information 
referred to in the AD can be attained by calling AlliedSignal 
Engines Customer Information Center, telephone (800) 338-3378 or 
(602) 231-5287.

    (iii) If the P/N, S/N, hourly and cyclic lives or the life 
limited part log of each life limited turbine component do not match 
or can not be validated, remove the component from service prior to 
further flight and replace with a serviceable component.
    (2) Verify that any requirements of AD's signed off by Fliteline 
were actually accomplished by visual examination or reinspection of 
the affected components in accordance with the applicable AD. A 
complete engine overhaul or other maintenance necessary to 
accomplish applicable AD requirements, subsequent to maintenance by 
Fliteline, and performed by the engine manufacturer, an FAA 
certified repair station, or an FAA certified mechanic, other than 
Fliteline, constitutes compliance with paragraph (b)(2) of this AD.
    (c) 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, Los Angeles Aircraft Certification 
Office. The request should be forwarded through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then 

[[Page 39846]]
send it to the Manager, Los Angeles Aircraft Certification Office.

    Note: Information concerning the existence of approved 
alternative methods of compliance with this airworthiness directive, 
if any, may be obtained from the Los Angeles Aircraft Certification 
Office.

    (d) 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.
    (e) This amendment becomes effective on September 5, 1995.

    Issued in Burlington, Massachusetts, on July 26, 1995.
James C. Jones,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 95-19230 Filed 8-1-95; 2:30 pm]
BILLING CODE 4910-13-U