[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Rules and Regulations]
[Pages 2-5]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22272]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26138; Directorate Identifier 2006-NE-38-AD; 
Amendment 39-14865; AD 2006-26-07]
RIN 2120-AA64


Airworthiness Directives; Turbomeca Model Arrius 2B1, 2B1A, and 
2B2 Turboshaft Engines

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an aviation authority of 
another country to identify and correct

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an unsafe condition on an aviation product. The MCAI describes the 
unsafe condition as:

    A simultaneous interruption of the lubrication on both engines 
may lead to a double non-commanded in-flight shutdown.

    The condition described in the MCAI can lead to a forced 
autorotation landing or an accident. This AD requires actions that are 
intended to address the unsafe condition described in the MCAI.

DATES: This AD becomes effective January 18, 2007. The Director of the 
Federal Register approved the incorporation by reference of certain 
service bulletins, listed in the AD as of January 18, 2007. We must 
receive comments on this AD by February 2, 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 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, Burlington, MA 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 AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    The European Aviation Safety Agency (EASA), which is the aviation 
authority for European Union, has issued EASA Airworthiness Directive 
2006-0142, dated May 29, 2006 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    Investigations of incidents which occurred on ARRIUS 2 
turboshaft engines have revealed the interruption of engine 
lubrication further [due] to oil passage blockage within the 
lubrication unit check valve. This blockage comes from the excessive 
swelling of the check valve piston o-ring. The level of swelling of 
the o-ring depends on the class of the oil used (Standard (STD) or 
High-Thermal Stability (HTS)) and the engine operating time. This 
phenomenon only affects ARRIUS 2 engines which do not embody 
modification Tu122 (i.e.: check-valve piston without o-ring). A 
simultaneous interruption of the lubrication on both engines may 
lead to a double non-commanded in-flight shutdown. The oil usually 
being the same on both engines, available data put into evidence 
that this risk has to be considered and that measures to restore the 
level of safety have to be imposed on ARRIUS 2 engines without 
modification Tu122 embodied.

    The condition described in the MCAI can lead to a forced 
autorotation landing or an accident. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Turbomeca has issued Mandatory Service Bulletin A319 79 2832, 
Update 1, dated April 3, 2006. 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 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 issuing this AD because we 
evaluated all the 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 the 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 required 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 AD. These requirements take 
precedence over the actions copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
compliance time required to correct the unsafe condition, as low as 50 
hours in service, is shorter than the time required to collect and 
respond to comments. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2006-26138; Directorate 
Identifier 2006-NE-38-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments

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received by the closing date and may amend this AD because of 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 AD.

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 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 this AD:
    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 AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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]

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

2006-26-07 Turbomeca: Amendment 39-14865; Docket No. FAA-2006-26138; 
Directorate Identifier 2006-NE-38-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
18, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Turbomeca Model Arrius 2B1, 2B1A, and 2B2 
turboshaft engines that do not embody modification TU122. These 
engines are used on, but not limited to Eurocopter EC135 T1 and T2 
helicopters.

Reason

    (d) European Aviation Safety Agency (EASA) AD, 2006-0142, dated 
May 29, 2006 states:

    Investigations of incidents which occurred on ARRIUS 2 
turboshaft engines have revealed the interruption of engine 
lubrication further [due] to oil passage blockage within the 
lubrication unit check valve. This blockage comes from the excessive 
swelling of the check valve piston o-ring. The level of swelling of 
the o-ring depends on the class of the oil used (Standard (STD) or 
High-Thermal Stability (HTS)) and the engine operating time. This 
phenomenon only affects ARRIUS 2 engines which do not embody 
modification Tu122 (i.e.: check-valve piston without o-ring). A 
simultaneous interruption of the lubrication on both engines may 
lead to a double non-commanded in-flight shutdown. The oil usually 
being the same on both engines, available data put into evidence 
that this risk has to be considered and that measures to restore the 
level of safety have to be imposed on ARRIUS 2 engines without 
modification Tu122 embodied.

    The condition described in the EASA AD can lead to a forced 
autorotation landing or an accident.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Replace the check-valve piston o-ring according to paragraph 
2 of Turbomeca Alert Service Bulletin No A319 79 2832, Update 1, 
dated April 3, 2006, within the next 50 operating hours when the 
number of operating hours is greater than:
    (i) 300 hours for engines operating with HTS-class oil and 
engines for which the history of the oils used is not available or 
engines which used to operate with HTS-class oil and which no longer 
do so.
    (ii) 450 hours for engines operating with STD class-oil since 
their introduction into service.
    (2) Repeat operation of paragraph (1):
    (i) Every 300 hours for engines operating with HTS-class oil and 
engines for which the history of the oils used is not available or 
engines which used to operate with HTS-class oil and which no longer 
do so.
    (ii) Every 500 hours for engines operating with STD class-oil 
since their introduction into service.

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, 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: 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 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, Burlington, MA 01803; telephone (781) 238-
7175; fax (781) 238-7199 for more information about this AD.
    (i) Refer to the EASA Mandatory Continuing Airworthiness 
Information (MCAI) Airworthiness Directive 2006-0142, dated May 29, 
2006, and Turbomeca Service Bulletin A319 79 2122, dated March 14, 
2006, for related information.

Material Incorporated by Reference

    (j) You must use Turbomeca Alert Service Bulletin A319 79 2832, 
Update 1, dated April 3, 2006, to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Turbomeca, 40220 Tarnos, France; Telephone (33) 05 59 74 40 00; fax 
(33) 05 59 74 45 15.

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    (3) You may review copies 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/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on December 21, 2006.
Peter A. White,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E6-22272 Filed 12-29-06; 8:45 am]
BILLING CODE 4910-13-P