[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Rules and Regulations]
[Pages 54677-54679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21834]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0461; Directorate Identifier 2008-NE-14-AD; 
Amendment 39-15678; AD 2008-19-11]
RIN 2120-AA64


Airworthiness Directives; Turbomeca S.A. Arrius 2B1, 2B1A, 2B2, 
and 2K1 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) provided by the European Aviation 
Safety Agency (EASA) to identify and correct an unsafe condition on 
Turbomeca S.A. Arrius 2B1, 2B1A, 2B2, and 2K1 turboshaft engines. The 
MCAI describes the unsafe condition as:

    A short circuit of some tantalum capacitors inside certain 
electronic control (EEC) units may lead to an in-flight shutdown on 
one of the two engines resulting from:

--Direct activation of the overspeed electronic protection;
--Non-direct activation of the electronic overspeed protection by 
lowering the threshold,
--Spurious activation of the starting sequence; or
--Loss of power control with no freeze of the fuel-metering valve.

We are issuing this AD to prevent in-flight engine shutdowns and 
possible forced autorotation landing or accident.

DATES: This AD becomes effective October 8, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of Turbomeca S.A. Mandatory Service Bulletin No. 319 73 2835, 
Update No. 1, dated December 21, 2006, listed in the AD as of October 
8, 2008.
    We must receive comments on this AD by October 23, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 
20590-0001.

[[Page 54678]]

     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
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 Operations office (telephone (800) 647-5527) is the same as 
the Mail address provided in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer, 
Engine Certification Office, FAA, Engine & Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803; e-mail: 
[email protected]; telephone (781) 238-7176; fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Community, has issued EASA AD 2008-0018, dated January 24, 
2008, to correct an unsafe condition for the specified products. The 
EASA AD states:

    A short circuit of some tantalum capacitors inside certain 
electronic control (EEC) units may lead to an in-flight shutdown on 
one of the two engines resulting from:

--Direct activation of the overspeed electronic protection;
--Non-direct activation of the electronic overspeed protection by 
lowering the threshold,
--Spurious activation of the starting sequence; or
--Loss of power control with no freeze of the fuel-metering valve.

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

Relevant Service Information

    Turbomeca S.A. has issued Mandatory Service Bulletin No. 319 73 
2835, Update No. 1, dated December 21, 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 France, 
and is approved for operation in the United States. Pursuant to our 
bilateral agreement with France, they have notified us of the unsafe 
condition described in the MCAI AD and service information referenced 
above. We are issuing this AD because we evaluated all the information 
provided by the EASA and determined the unsafe condition exists and is 
likely to exist or develop on other products of the same type design. 
This AD requires identifying, and replacing or modifying affected EEC 
units that have tantalum capacitors installed that could have become 
brittle during their acceptance test.

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 short compliance time requirement of within the next 100 flight 
hours or 2 months, whichever occurs first. 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-2008-0461; Directorate 
Identifier 2008-NE-14-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://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.
    Using the search function of the Web site, anyone can find and read 
the comments in any of our dockets, including, if provided, the name of 
the individual who sent the comment (or signed the comment on behalf of 
an association, business, labor union, etc.). You may review the DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).

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

0
1. The authority citation for part 39 continues to read as follows:


[[Page 54679]]


    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:

2008-19-11 Turbomeca S.A.: Amendment 39-15678; Docket No. FAA-2008-
0461; Directorate Identifier 2008-NE-14-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
8, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Turbomeca S.A. Arrius 2B1, 2B1A, 2B2, and 
2K1 turboshaft engines. These engines are installed on, but not 
limited to, Eurocopter Deutschland GmbH EC135, and Agusta S.p.A. 
A109E helicopters.

Reason

    (d) European Aviation Safety Agency (EASA) AD No. 2008-0018, 
dated January 24, 2008, states:

    A short circuit of some tantalum capacitors inside certain 
electronic control (EEC) units may lead to an in-flight shutdown on 
one of the two engines resulting from:

--Direct activation of the overspeed electronic protection;
--Non-direct activation of the electronic overspeed protection by 
lowering the threshold;
--Spurious activation of the starting sequence; or
--Loss of power control with no freeze of the fuel-metering valve.

    This AD requires identifying, and replacing or modifying 
affected EEC units that have tantalum capacitors installed that 
could have become brittle during their acceptance test. We are 
issuing this AD to prevent in-flight engine shutdowns and possible 
forced autorotation landing or accident.

Actions and Compliance

    (e) Unless already done, within the next 100 flight hours or 2 
months, whichever occurs first after the effective date of this AD, 
do the following actions:
    (1) Identify the EEC units as listed in Turbomeca S.A. Mandatory 
Service Bulletin No. 319 73 2835, Update No. 1, dated December 21, 
2006; and
    (2) For affected EECs, modify or replace the EEC units using the 
instructions of Turbomeca S.A. Mandatory Service Bulletin No. 319 73 
2835, Update No. 1, dated December 21, 2006.
    (3) After the effective date of this AD, do not install an EEC 
with a serial number listed in Turbomeca S.A. Mandatory Service 
Bulletin No. 319 73 2835, Update No. 1, dated December 21, 2006 on 
any helicopter, unless it has been modified using the instructions 
of Turbomeca S.A. Mandatory Service Bulletin No. 319 73 2835, Update 
No. 1, dated December 21, 2006.

FAA AD Differences

    (f) This AD requires modification or replacement of both EECs if 
both EECs are affected on the same helicopter, whereas MCAI EASA AD 
2008-0018, dated January 24, 2008, requires modification of at least 
one EEC, if both EECs are affected, and modification or replacement 
of the remaining EEC, within 300 flight hours or 12 months, 
whichever occurs first.
    (g) This AD immediately prohibits installation of any EECs that 
are affected, whereas MCAI EASA AD 2008-0018, dated January 24, 
2008, prohibits installation of those EECs after February 7, 2009.
    (h) 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.

Related Information

    (i) Refer to MCAI EASA AD 2008-0018, dated January 24, 2008 for 
related information.
    (j) Contact James Lawrence, Aerospace Engineer, Engine 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
[email protected]; telephone (781) 238-7176; fax (781) 238-
7199, for more information about this AD.

Material Incorporated by Reference

    (k) You must use Turbomeca S.A. Mandatory Service Bulletin No. 
319 73 2835, Update No. 1, dated December 21, 2006, to do the 
actions required by this AD.
    (l) 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.
    (m) For service information identified in this AD, contact 
Turbomeca S.A., 40220 Tarnos, France; telephone 33 05 59 74 40 00, 
fax 33 05 59 74 45 15.
    (n) You may review copies at the FAA, New England Region, Office 
of the Regional Counsel, 12 New England Executive Park, Burlington, 
MA; or 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 September 11, 2008.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E8-21834 Filed 9-22-08; 8:45 am]
BILLING CODE 4910-13-P