[Federal Register Volume 72, Number 22 (Friday, February 2, 2007)]
[Rules and Regulations]
[Pages 4948-4950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1709]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27009; Directorate Identifier 2007-NE-02-AD; 
Amendment 39-14925; AD 2007-03-14]
RIN 2120-AA64


Airworthiness Directives; Turbomeca Arriel 2B1 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 an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    This AD is prompted by several reported cases of rupture of the 
(hydro-mechanical metering unit (HMU)) constant delta pressure valve 
diaphragm on Arriel 2B1 engines, due to the wear of the delta P 
diaphragm fabric. Rupture can result in the loss of the automatic 
control mode of the helicopter, accompanied with a deterioration of 
the behavior of the auxiliary back-up mode (emergency mode).

    The loss of automatic control mode coupled with the deteriorated 
performance of the backup mode can lead to the inability to continue 
safe flight, 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 February 20, 2007.
    We must receive comments on this AD by March 5, 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 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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Airworthiness Directive No. 2007-0006, dated January 9, 2007 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states that:


[[Page 4949]]


    This AD is prompted by several reported cases of rupture of the 
(hydro-mechanical metering unit (HMU)) constant delta pressure valve 
diaphragm on Arriel 2B1 engines, due to the wear of the delta P 
diaphragm fabric. Rupture can result in the loss of the automatic 
control mode of the helicopter, accompanied with a deterioration of 
the behavior of the auxiliary back-up mode (emergency mode).

The loss of automatic control mode coupled with the deteriorated 
performance of the backup mode can lead to the inability to continue 
safe flight, 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 No. 292 73 2818, 
dated October 18, 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 of 
the high risk to engines that could experience a ruptured delta P 
diaphragm with HMUs that have accumulated over 2,000 operating hours. 
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-2007-27009; Directorate 
Identifier 2007-NE-02-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 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, 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:

2007-03-14 Turbomeca: Amendment 39-14925; Docket No. FAA-2007-27009; 
Directorate Identifier 2007-NE-02-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
20, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Turbomeca Arriel 2B1 turboshaft engines. 
These engines are installed on, but not limited to Eurocopter AS 350 
B3 and EC 130 B4 helicopters.

Reason

    (d) European Aviation Safety Agency (EASA) AD No. 2007-0006, 
dated January 9, 2007, states:

    This AD is prompted by several reported cases of rupture of the 
(hydro-mechanical metering unit (HMU)) constant delta pressure valve 
diaphragm on Arriel 2B1 engines, due to the wear of the delta P 
diaphragm fabric. Rupture can result in the loss of the automatic 
control mode of the helicopter,

[[Page 4950]]

accompanied with a deterioration of the behavior of the auxiliary 
back-up mode (emergency mode).

The loss of automatic control mode coupled with the deteriorated 
performance of the backup mode can lead to the inability to continue 
safe flight, forced autorotation landing, or an accident.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Replace the HMU with a serviceable HMU before the HMU 
accumulates 2,000 hours-since-new, since-last-overhaul, or since-
incorporation of Turbomeca Service Bulletin (SB) No. 292 73 2105; or 
within 30 days after the effective date of this AD, whichever occurs 
later.
    (2) Thereafter, replace HMUs with a serviceable HMU at every 
2,000 hours-since-new, since-last-overhaul, or since-incorporation 
of Turbomeca SB No. 292 73 2105, whichever occurs later.
    (3) For the purposes of this AD, a serviceable HMU is an HMU 
fitted with a new constant delta P diaphragm in accordance with 
Turbomeca Service Bulletin No. 292 73 2818, dated October 18, 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, 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) Refer to EASA Airworthiness Directive 2007-0006, dated 
January 9, 2007, and Turbomeca Mandatory Service Bulletin No. 292 73 
2818, dated October 18, 2006, for related information.
    (i) 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.

Material Incorporated by Reference

    (j) None.

    Issued in Burlington, Massachusetts, on January 29, 2007.
Francis A. Favara,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. E7-1709 Filed 2-1-07; 8:45 am]
BILLING CODE 4910-13-P