[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Rules and Regulations]
[Pages 3706-3708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1082]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26091; Directorate Identifier 2006-NE-28-AD; 
Amendment 39-14904; AD 2007-02-17]
RIN 2120-AA64


Airworthiness Directives; Turbomeca Arriel 1 Series Turboshaft 
Engines

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

ACTION: Final rule.

-----------------------------------------------------------------------

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

    In operation, fuel leaks at the level of start electro valve 
fuel coupling were observed. A lack of power or an uncommanded in-
flight shutdown may result from these fuel leaks.

    The condition described in the MCAI may result in a forced 
autorotation landing, the inability to continue safe flight, or a fire. 
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective March 2, 2007. The Director of the 
Federal Register approved the incorporation by reference of certain 
publications listed in this AD as of March 2, 2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace 
Engineer, Engine Certification Office, FAA, Engine and Propeller 
Directorate, 12 New England Executive Park, Burlington, MA 01803; 
telephone (781) 238-7175, fax (781) 238-7199; e-mail: 
[email protected].

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on November 29, 2006 
(71 FR 69083). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states that:

    In operation, fuel leaks at the level of start electro valve 
fuel coupling were observed. A lack of power or an uncommanded in-
flight shutdown may result from these fuel leaks.

    The condition described in the MCAI may result in a forced 
autorotation landing, the inability to continue safe flight or a fire.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Claim That AD Is Unnecessary

    One commenter, NorthStar Trekking, LLC, claims that the AD is 
unnecessary because the five-year-old service bulletin has been 
incorporated into the maintenance manual. We do not agree. The 
inspection is a one-time inspection to address an unsafe condition that 
was not previously covered in the maintenance manual. The fact that the 
service bulletin is five years old, or the fact that the inspections 
have been incorporated into the manual, have no bearing on the unsafe 
condition. However, if the inspection was done any time in the last 
five years per the service bulletin, then the AD is complied with, 
requiring no further action by the operator.

Claim That Costs for Inflation Not Included

    The same commenter states that costs for inflation were not 
included in the costs of compliance in the proposed AD. We do not 
agree. The cost analysis in the proposed AD is a conservative 
assessment. It assumes that all ignition solenoid/start drain valves 
will have to be replaced. We do not know what percentage of parts will 
require replacement, but we anticipate that only a small percentage of 
these parts will actually require replacement.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

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

[[Page 3707]]

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 our FAA policies. Any such differences 
are described in a separate paragraph of the AD, and take precedence 
over the actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect about 790 products of U.S. registry. We also estimate that it 
will take about 1.5 work-hours per product to comply with this AD. The 
average labor rate is $80 per work-hour. Required parts will cost about 
$6,000 per product. Based on these figures, we estimate the cost of the 
AD on U.S. operators to be $4,834,800, or $6,120 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 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.

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 the NPRM, the 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.

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

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 AD:

2007-02-17 Turbomeca: Amendment 39-14904. Docket No. FAA-2006-26091; 
Directorate Identifier 2006-NE-28-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 2, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Turbomeca Arriel -1A, -1A1, -1A2, -1B, -
1B2, -1C, -1C1, -1C2, -1D, -1D, -1D1, -1K1, -1E, -1E2, -1S, and -1S1 
series turboshaft engines. These engines are installed on, but not 
limited to, Augusta A 109 series, Eurocopter AS 350, AS 365, SA 365, 
EC 155, and BK 117 series, and Sikorsky S-76A and S-76C series 
helicopters.

Reason

    (d) European Aviation Safety Agency (EASA) AD No. 2006-0068, 
dated March 24, 2006, states:
    In operation, fuel leaks at the level of start electro valve 
fuel coupling were observed. A lack of power or an uncommanded in-
flight shutdown may result from these fuel leaks.
    The condition described in the EASA AD may result in a forced 
autorotation landing, the inability to continue safe flight or a 
fire.

Actions and Compliance

    (e) Within 90 days after the effective date of this AD, unless 
already done, do the following actions:
    (1) Check the condition of the three fuel unions and the 
ignition solenoid valve/start drain valve assembly, and check for 
their proper assembly.
    (2) Correct the installations if necessary.
    (3) Use Turbomeca Alert Service Bulletin No. A292 73 0251, 
Update No. 2, dated February 5, 2001, to do the checks and 
corrections.

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 (44 
U.S.C. 3501 et seq.), 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 and Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; telephone (781) 238-
7175, fax (781) 238-7199; e-mail: [email protected] for 
more information about this AD.
    (i) Refer to EASA AD No. 2006-0068, dated March 24, 2006, for 
related information.

Material Incorporated by Reference

    (j) You must use Turbomeca Alert Service Bulletin No. A292 73 
0251, Update No. 2, dated February 5, 2001, to do the checks and 
corrections 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.

[[Page 3708]]

    (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.
    (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 January 19, 2007.
Robert G. Mann,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E7-1082 Filed 1-25-07; 8:45 am]
BILLING CODE 4910-13-P