[Federal Register Volume 71, Number 243 (Tuesday, December 19, 2006)]
[Proposed Rules]
[Pages 75896-75898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21586]


 ========================================================================
 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. 243 / Tuesday, December 19, 2006 / 
Proposed Rules  

[[Page 75896]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26570; Directorate Identifier 2006-NE-39-AD]
RIN 2120-AA64


Airworthiness Directives; Turbomeca S.A. Makila 1A and 1A1 
Turboshaft Engines

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:

    The back-up mode can be activated by an electrostatic discharge 
or by a malfunction of the collective pitch signal. The two engines 
fitted on the same helicopter can therefore be frozen in this back-
up position at 85% N1.

    Freezing both engines in the back-up mode can lead to an inability 
to continue safe flight and forced landing. 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 18, 
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: Christopher Spinney, Aerospace 
Engineer, Engine Certification Office, FAA, Engine & Propeller 
Directorate, 12 New England Executive Park 01803; telephone (781) 238-
7175; fax (781) 238-7199.

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-
26570; Directorate Identifier 2006-NE-39-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 European Aviation Safety Agency (EASA), which is the 
airworthiness authority for the European Union, has issued EASA 
Airworthiness Directive 2006-0070, dated April 13, 2006, (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The control system of the engines covered by this Airworthiness 
Directive includes an electrical back-up mode at 85% N1 (gas 
generator speed) activated on the detection of certain occurrences 
affecting engine control. The activation of the back-up mode is 
irreversible and freezes the engine at 85% N1.
    An analysis of reported occurrences in service showed that the 
back-up mode can be activated by an electrostatic discharge or by a 
malfunction of the collective pitch signal. The two engines fitted 
on the same helicopter can therefore be frozen in this back-up 
position at 85% N1.
    The present Airworthiness Directive therefore imposes the 
application of modification TU241 on the LPG board of the Makila 1A 
and 1A1 ECU, which reduces the aforementioned risk by changing the 
conditions in which the engines switch to and are maintained in the 
85% NG back-up mode.

    Freezing both engines in the back-up mode can lead to an inability 
to continue safe flight and forced landing.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Turbomeca has issued Mandatory Service Bulletin No. 298 73 0241, 
dated April 5, 2006. The actions described in this service information 
are intended to correct the unsafe condition identified in the MCAI.

[[Page 75897]]

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 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 five products of U.S. registry. We also estimate 
that it would take about 1.0 work-hours per product to comply with this 
proposed AD. The average labor rate is $80 per work-hour. Required 
parts would cost about $3,500 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 $17,900, 
or $3,580 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:

Turbomeca S.A.: Docket No. FAA-2006-26570; Directorate Identifier 
2006-NE-39-AD.

Comments Due Date

    (a) We must receive comments by January 18, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Turbomeca Makila 1A and 1A1 turboshaft 
engines. These engines are used on, but not limited to Eurocopter AS 
332 Super Puma helicopters.

Reason

    (d) European Aviation Safety Agency (EASA) AD No. 2006-0070, 
dated March 30, 2006, states:
    The control system of the engines covered by this Airworthiness 
Directive includes an electrical back-up mode at 85% N1 (gas 
generator speed) activated on the detection of certain occurrences 
affecting engine control. The activation of the back-up mode is 
irreversible and freezes the engine at 85% N1.
    An analysis of reported occurrences in service showed that the 
back-up mode can be activated by an electrostatic discharge or by a 
malfunction of the collective pitch signal. The two engines fitted 
on the same helicopter can therefore be frozen in this back-up 
position at 85% N1.
    The present Airworthiness Directive therefore imposes the 
application of modification TU241 on the LPG board of the Makila 1A 
and 1A1 ECU, which reduces the aforementioned risk by changing the 
conditions in which the engines switch to and are maintained in the 
85% NG back-up mode.
    Freezing both engines in the back-up mode can lead to an 
inability to continue safe flight and forced landing.

Actions and Compliance

    (e) Unless already done, before January 31, 2007, apply the 
modification TU 241 by replacing the LPG board of the ECU in 
accordance with the mandatory Turbomeca Service Bulletin No. 298 73 
0241, dated April 5, 2006.

FAA AD Differences

    (f) None.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Engine Certification Office, 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: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection

[[Page 75898]]

requirements and has assigned OMB Control Number 2120-0056.

Related Information

    (h) Contact Christopher Spinney, Aerospace Engineer, Engine 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park 01803; telephone (781) 238-7175; fax (781) 
238-7199 for more information about this AD.
    (i) Refer to MCAI EASA Airworthiness Directive 2006-0070, dated 
March 30, 2006, and Turbomeca Mandatory Service Bulletin No. 298 73 
0241, dated April 5, 2006, for related information.

    Issued in Burlington, Massachusetts, on December 13, 2006.
Peter A. White,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E6-21586 Filed 12-18-06; 8:45 am]
BILLING CODE 4910-13-P