[Federal Register Volume 71, Number 65 (Wednesday, April 5, 2006)]
[Rules and Regulations]
[Pages 16992-16994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3253]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24239; Directorate Identifier 2006-NE-09-AD; 
Amendment 39-14547; AD 2006-07-20]
RIN 2120-AA64


Airworthiness Directives; Turbomeca Makila 1 A2 Turboshaft 
Engines

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Turbomeca Makila 1 A2 turboshaft engines. This AD requires upgrading 
the software version of the digital electronic control. This AD results 
from Turbomeca determining that Makila 1 A2 turboshaft engines with 
software version 9 installed in the digital electronic control unit 
(DECU), under certain conditions, could experience a free turbine 
overspeed and uncontained failure. We are issuing this AD to prevent 
overspeed and uncontained failure of the free turbine and damage to the 
helicopter.

[[Page 16993]]


DATES: Effective May 5, 2006.
    We must receive any comments on this AD by June 5, 2006.

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, 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 01803-5213; 
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, recently 
notified us that an unsafe condition might exist on Turbomeca Makila 1 
A2 turboshaft engines. The DGAC advises that if an engine with DECU 
software version 9 (TU 230C) experiences a loss of power transmission 
between the engine and the main gearbox at higher power settings, the 
free turbine could experience overspeed and uncontained failure. 
Turbomeca has issued software to provide better overspeed protection at 
the higher power settings.

Bilateral Airworthiness Agreement

    This Makila 1 A2 turboshaft 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

    Although no helicopters that are registered in the United States 
use these Makila 1 A2 turboshaft engines, the possibility exists that 
the engines could be used on airplanes that are registered in the 
United States in the future. The unsafe condition described previously 
is likely to exist or develop on other Makila 1 A2 turboshaft engines 
of the same type design. We are issuing this AD to prevent overspeed 
and uncontained failure of the free turbine, leading to possible bodily 
injury, and damage to the helicopter. This AD requires upgrading DECU 
software from version 9 (TU 230C) to version 11 (TU 244C) by November 
30, 2008.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this engine 
model, notice and opportunity for public comment before issuing this AD 
are unnecessary. A situation exists that allows the immediate adoption 
of this regulation.

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-2006-24239; 
Directorate Identifier 2006-NE-09-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 Docket Management 
Facility Docket Office 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, Safety.

[[Page 16994]]

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:

2006-07-20 Turbomeca: Amendment 39-14547. Docket No. FAA-2006-24239; 
Directorate Identifier 2006-NE-09-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 5, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Turbomeca Makila 1 A2 turboshaft engines. 
These engines are installed on, but not limited to, Eurocopter AS 
332 L2 helicopters.

Unsafe Condition

    (d) This AD results from Turbomeca determining that Makila 1 A2 
turboshaft engines with software version 9 installed in the digital 
electronic control unit (DECU), under certain conditions, could 
experience a free turbine overspeed and uncontained failure. We are 
issuing this AD to prevent overspeed and uncontained failure of the 
free turbine and damage to the helicopter.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed no later than November 30, 2008, unless the actions 
have already been done.
    (f) Upgrade the software version in the DECU from version 9 (TU 
230C) to version 11 (TU 244C). Information on this upgrade can be 
found in Turbomeca Mandatory Service Bulletin No. 298 73 0244, dated 
February 2, 2006.
    (g) Version 11 (TU 244C) software must not be intermixed on the 
helicopter with any other DECU software version except version 9 (TU 
230C).

Alternative Methods of Compliance

    (h) 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

    (i) Direction Generale De L'Aviation Civile airworthiness 
directive F-2006-029, dated February 1, 2006, also addresses the 
subject of this AD.

    Issued in Burlington, Massachusetts, on March 30, 2006.
Peter A. White,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 06-3253 Filed 4-4-06; 8:45 am]
BILLING CODE 4910-13-P