[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Rules and Regulations]
[Pages 34334-34336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11611]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21443; Directorate Identifier 2005-NE-08-AD; 
Amendment 39-14124; AD 2005-12-08]
RIN 2120-AA64


Airworthiness Directives; Turbomeca S.A. Arrius 2 B1, 2 B1A, 2 
B1A-1, and 2 B2 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 2 B1, 2 B1A, 2 B1A-1, and 2 B2 turboshaft 
engines. This AD requires replacing the software in the Engine 
Electronic Control Unit (EECU). This AD results from a report of 
simultaneous loss of automatic control of both engines of a Eurocopter 
Deutschland EC 135 helicopter, during flight. We are issuing this AD to 
prevent simultaneous loss of automatic control of both engines and 
subsequent loss of control of the helicopter.

DATES: Effective June 29, 2005. The Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulations as of June 29, 2005.
    We must receive any comments on this AD by August 15, 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 01803-5299; 
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 may exist on Turbomeca S.A. Arrius 2 B1, 2 
B1A, 2 B1A-1, and 2 B2 turboshaft engines. The DGAC advises that a case 
of simultaneous loss of automatic control of the two Arrius 2 B1 
engines occurred during a flight, on a Eurocopter Deutschland EC 135 
helicopter. Simultaneous transition of both engines from automatic 
control to manual control could lead to subsequent loss of control of 
the helicopter. The engine control system's intolerance to the loss of 
steps on the fuel metering valve actuator causes the loss of automatic 
control. Loss of steps can lead to a FADEC FAIL indication of the full 
authority digital electronic control (FADEC) and cause the fuel flow 
metering valve to freeze up and transition to manual fuel flow control.

Relevant Service Information

    We have reviewed and approved the technical contents of Turbomeca 
Mandatory Service Bulletin (MSB) No. 319 73 2080, Update No. 1, MSB No. 
319 73 2081, Update No. 1, MSB No. 319 73 2082, Update No. 1, and MSB 
No. 319 73 2090, all dated February 13, 2004. These MSBs describe 
procedures for upgrading the engine control system software. This 
upgrade is applied by either replacing the EECU or by uploading the 
software. This upgrade improves the engine control system's ability to 
detect loss of pitch tolerances, and ability to tolerate the loss of 
steps on the fuel metering valve actuator. The DGAC classified these 
MSBs as mandatory and issued airworthiness directive F-2004-017 R1, 
dated March 3, 2004, in order to ensure the airworthiness of these 
Turbomeca turboshaft engines in France.

Bilateral Airworthiness Agreement

    These engine models are manufactured in France and are 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 2 B1, 2 B1A, 2 B1A-1, and 2 B2 
turboshaft engines of the same type design. We are issuing this AD to 
prevent simultaneous loss of automatic control of both engines and 
subsequent loss of control of the helicopter. This AD requires within 
90 days after the effective date of the AD, simultaneously, on both 
engines of the helicopter, performing a onetime upgrade of the software 
version, by either replacing the EECU or by uploading software. 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

[[Page 34335]]

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-2005-21443; 
Directorate Identifier 2005-NE-08-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 
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.

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:

2005-12-08 Turbomeca S.A.: Amendment 39-14124. Docket No. FAA-2005-
21443; Directorate Identifier 2005-NE-08-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 29, 
2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Turbomeca S.A. Arrius 2 B1, 2 B1A, 2 B1A-
1, and 2 B2 turboshaft engines. These engines are installed on, but 
not limited to, Eurocopter Deutschland GmbH EC 135 T1 and EC 135 T2 
helicopters.

Unsafe Condition

    (d) This AD results from a report of simultaneous loss of 
automatic control of both engines of a Eurocopter Deutschland EC 135 
helicopter during flight. We are issuing this AD to prevent 
simultaneous loss of automatic control of both engines and 
subsequent loss of control of the helicopter.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within 90 days after the effective date of this AD, 
unless the actions have already been done.

Onetime Upgrade of Engine Electronic Control Unit (EECU) Software

    (f) Simultaneously, on both engines of the helicopter, perform a 
onetime upgrade of EECU software as follows:
    (1) Either replace the EECU; or
    (2) Upload the EECU software.
    (3) Use paragraph 2 of the applicable Turbomeca Mandatory 
Service Bulletin (MSB) listed in Table 1 of this AD, to do the 
onetime upgrade.

                        Table 1.--Applicable MSBs
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                   For--                                Use--
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Arrius 2 B1 engines with EECUs that have    MSB No. 319 73 2080, Update
 incorporated Modification TU 19C.           No. 1, dated February 13,
                                             2004.
Arrius 2 B1 engines with EECUs that have    MSB No. 319 73 2081, Update
 incorporated Modification TU 67C or TU      No. 1, dated February 13,
 23C.                                        2004.
Arrius 2 B1A and 2 B1A-1 engines..........  MSB No. 319 73 2082, Update
                                             No. 1, dated February 13,
                                             2004.
Arrius 2 B2 engines.......................  MSB No. 319 73 2090, dated
                                             February 13, 2004.
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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.

Material Incorporated by Reference

    (h) You must use the Turbomeca Mandatory Service Bulletins 
specified in Table 2 of this AD to perform the software upgrade 
required by this AD. The Director of the Federal Register approved 
the incorporation by reference of the documents listed in Table 2 of 
this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

[[Page 34336]]

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 20590-0001, 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/code_of_federal_regulations/ibr_locations.html.

                                      Table 2.--Incorporation by Reference
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    Mandatory service bulletin No.           Page              Revision                       Date
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319 73 2080..........................  ALL.............  1...................  February 13, 2004.
  Total Pages--6
319 73 2081..........................  ALL.............  1...................  February 13, 2004.
  Total Pages--6
319 73 2082..........................  ALL.............  1...................  February 13, 2004.
  Total Pages--6
319 73 2090..........................  ALL.............  Original............  February 13, 2004.
  Total Pages--7
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Related Information

    (i) DGAC airworthiness directive F-2004-017 R1, dated March 3, 
2004, also addresses the subject of this AD.

    Issued in Burlington, Massachusetts, on June 6, 2005.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11611 Filed 6-13-05; 8:45 am]
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