[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Rules and Regulations]
[Pages 30613-30615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10295]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21273; Directorate Identifier 2005-NE-15-AD; 
Amendment 39-14103; AD 2005-11-01]
RIN 2120-AA64


Airworthiness Directives; Turbomeca S.A. Arrius 1A Turboshaft 
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Turbomeca S.A. Arrius 1A turboshaft engines. This AD requires initial 
and repetitive testing of the Free Turbine Overspeed Protection System. 
This AD results from an investigation into the Digital Electronic 
Control Unit (DECU) that revealed a malfunction of the Free Turbine 
Overspeed Protection System. This malfunction can exist despite the 
DECU passing all functional tests

[[Page 30614]]

specified in the Engine Maintenance Manual. We are issuing this AD to 
prevent uncontained engine failure if a free turbine overspeed occurs.

DATES: Effective June 13, 2005. The Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulations as of June 13, 2005.
    We must receive any comments on this AD by July 26, 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 20590-001.
     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 1A 
turboshaft engines. The DGAC advises that an investigation into the 
DECU revealed a malfunction of the Free Turbine Overspeed Protection 
System. This malfunction can exist despite the DECU passing all 
functional tests specified in the Engine Maintenance Manual. A 
malfunction of this overspeed system could lead to uncontained engine 
failure if a free turbine overspeed occurs.

Relevant Service Information

    We have reviewed and approved the technical contents of Turbomeca 
Alert Mandatory Service Bulletin No. A319 77 0804, dated March 24, 
2005, that describes procedures for testing the DECU Free Turbine 
Overspeed Protection System. The DGAC classified this service bulletin 
as mandatory and issued AD F-2005-063, dated April 27, 2005, and AD UF-
2005-063 R1, dated May 4, 2005, in order to ensure the airworthiness of 
these Arrius 1A engines in France.

Bilateral Airworthiness Agreement

    This Turbomeca Arrius 1A engine 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 Arrius 1A turboshaft engines of the same 
type design. This AD requires initial testing of the Free Turbine 
Overspeed Protection System within 25 flight hours of the effective 
date of the AD, and repetitive testing at each functional test of the 
DECU Free Turbine Overspeed Protection System. We are issuing this AD 
to prevent uncontained engine failure in the event of a free turbine 
overspeed. 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-2005-21273; 
Directorate Identifier 2005-NE-15-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

[[Page 30615]]

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-15-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

0
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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2005-11-01 Turbomeca S.A.: Amendment 39-14103. Docket No. FAA-2005-
21273; Directorate Identifier 2005-NE-15-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 13, 
2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Turbomeca S.A. Arrius 1A turboshaft 
engines. These engines are installed on, but not limited to, 
Eurocopter AS355N Twinstar helicopters.

Unsafe Condition

    (d) This AD results from an investigation into the Digital 
Electronic Control Unit (DECU) that revealed a malfunction of the 
Free Turbine Overspeed Protection System can exist despite the DECU 
passing all functional tests specified in the Engine Maintenance 
Manual. We are issuing this AD to prevent uncontained engine failure 
in the event of a free turbine overspeed.

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.

Initial Testing

    (f) Within 25 flight hours after the effective date of this AD, 
test the DECU Free Turbine Overspeed Protection System, using 
paragraph 2.B. of the Instructions to be Incorporated of Turbomeca 
Alert Mandatory Service Bulletin No. A319 77 0804, dated March 24, 
2005.
    (g) If the DECU Free Turbine Overspeed Protection System fails 
the test specified in paragraph (f) of this AD, replace the DECU 
before further flight.

Repetitive Testing

    (h) Repeat the testing specified in paragraph (f) of this AD at 
each functional test of the DECU Free Turbine Overspeed Protection 
System. Information on the functional tests of the DECU Free Turbine 
Overspeed Protection System can be found in the Engine Maintenance 
Manual, Section 77-30-01. Recommended intervals for the functional 
test of the Turbine Overspeed Protection System can be found in the 
Engine Maintenance Manual, Section 05-10-02.

Alternative Methods of Compliance

    (i) 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

    (j) DGAC airworthiness directive F-2005-063, dated April 27, 
2005, and UF-2005, 063 R1, dated May 4, 2005, also address the 
subject of this AD.

Material Incorporated by Reference

    (k) You must use Turbomeca Alert Mandatory Service Bulletin No. 
A319 77 0804, dated March 24, 2005, to perform the tests 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 20590-001, 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 May 17, 2005.
Robert E. Guyotte,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 05-10295 Filed 5-26-05; 8:45 am]
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