[Federal Register Volume 71, Number 242 (Monday, December 18, 2006)]
[Proposed Rules]
[Pages 75684-75686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21487]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / 
Proposed Rules  

[[Page 75684]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24846; Directorate Identifier 2006-NE-21-AD]
RIN 2120-AA64


Airworthiness Directives; Microturbo Saphir 20 Models 095 
Auxiliary Power Units (APU)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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:

    It has been reported that with the existing configuration, a 
certain failure could cause overspeed of the gas generator rotor 
resulting in uncontained burst of the turbine liberating high-energy 
fragments.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by January 17, 
2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     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.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tracy Murphy, Aerospace Engineer, 
Boston Aircraft Certification Office, FAA, Engine and Propeller 
Directorate; 12 New England Executive Park, Burlington, MA 01803; 
telephone 781-238-7172; fax 781-238-7170.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2006-
24846; Directorate Identifier 2006-NE-21-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    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 we 
receive about this proposed AD.

Discussion

    The Direction Generale De l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, has issued Airworthiness Directive 
F-2005-146, dated August 17, 2005 (Euoropean Aviation Safety Agency 
Reference No. 2005-6137, dated August 9, 2005) (referred to after this 
as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    It has been reported that with the existing configuration, a 
certain failure could cause overspeed of the gas generator rotor 
resulting in uncontained burst of the turbine liberating high-energy 
fragments. The occurrence that the high-energy fragments would be 
uncontained is considered a potentially dangerous situation which 
requires imperative corrective action. The purpose of the 
modification, which has been made mandatory, is to limit gas 
generator speed during an acceleration towards overspeed by 
installation of a modified Electronic Control Unit (ECU) and Drain 
Valve. In addition, the modification also renders the exhaust gas 
temperature (EGT) control function compliant with the certificated 
specifications. In operation, if EGT exceeds the certificated limit 
value, turbine blade shedding could occur.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Microturbo has issued Alert Service Bulletin No. 095-49A11, Edition 
2, dated October 7, 2005. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of

[[Page 75685]]

Design Authority, they have notified us of the unsafe condition 
described in the MCAI and service information referenced above. We are 
proposing this AD because we evaluated all information provided by the 
State of Design Authority and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the proposed AD. These 
requirements, if ultimately adopted, will take precedence over the 
actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 3 products of U.S. registry. We also estimate that 
it would take about 10 work-hours per product to comply with this 
proposed AD. The average labor rate is $80 per work-hour. Required 
parts would cost about $1,000 per product. Where the service 
information lists required parts costs that are covered under warranty, 
we have assumed that there will be no charge for these costs. As we do 
not control warranty coverage for affected parties, some parties may 
incur costs higher than estimated here. Based on these figures, we 
estimate the cost of the proposed AD on U.S. operators to be $5,400 or 
$1,800 per product.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
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 regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.


Sec.  39.13  [Amended]

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

2006-XX-XX Microturbo: Docket No. FAA-2006-24846; Directorate 
Identifier 2006-NE-21-AD.

Comments Due Date

    (a) We must receive comments by January 17, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Microturbo Saphir 20 Models 095 Auxiliary 
Power Units (APU) installed on, but not limited to, Eurocopter AS 
332C, AS 332L, AS 332L1, and AS 332L2 helicopters.

Reason

    (d) Direction Generale De l'Aviation Civile Airworthiness 
Directive F-2005-146, dated August 17, 2005, states:
    It has been reported that with the existing configuration, a 
certain failure could cause overspeed of the gas generator rotor 
resulting in uncontained burst of the turbine liberating high-energy 
fragments. The occurrence that the high-energy fragments would be 
uncontained is considered a potentially dangerous situation which 
requires imperative corrective action. The purpose of the 
modification, which has been made mandatory, is to limit gas 
generator speed during an acceleration towards overspeed by 
installation of a modified Electronic Control Unit (ECU) and Drain 
Valve. In addition, the modification also renders the exhaust gas 
temperature (EGT) control function compliant with the certificated 
specifications. In operation, if EGT exceeds the certificated limit 
value, turbine blade shedding could occur.

Actions and Compliance

    (e) Unless already done, do the following actions except as 
stated in paragraph (f) below.
    (1) Within 60 days after the effective date of this AD, replace 
the existing ECU and drain valve.
    (2) Follow paragraph 2. of Accomplishment Instructions of 
Microturbo Alert Service Bulletin (ASB) No. 095-49A11, Edition 2, 
dated October 7, 2005, to do these actions.

FAA AD Differences

    (f) This AD differs from the mandatory continuing airworthiness 
information (MCAI) and/ or service information as follows:
    (1) The MCAI issued by an airworthiness authority of another 
country refers to Microturbo ASB No. 095-49A11, dated July 27, 2005.
    (2) This AD refers to Edition 2 of that ASB, dated October 7, 
2005, which contains revised torque values.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Boston Aircraft Certification Office, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: None.

[[Page 75686]]

Related Information

    (h) For service information identified in this AD, contact 
Microturbo SA; Technical Publications Department; 8 Chemin du pont 
de Rupe, BP 62089; 31019 Toulouse Cedex 2, France; telephone 33 0 5 
61 37 55 00; fax 33 0 5 61 70 74 45.
    (i) France AD No. F-2005-146, dated August 17, 2005, also 
pertains to the subject of this AD.
    (j) Contact Tracy Murphy, Aerospace Engineer, Boston Aircraft 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; telephone (781) 238-
7172; fax (781) 238-7170, for more information about this AD.

    Issued in Burlington, Massachusetts, on December 12, 2006.
Peter A. White,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E6-21487 Filed 12-15-06; 8:45 am]
BILLING CODE 4910-13-P