[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Rules and Regulations]
[Pages 17075-17077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8329]



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 Rules and Regulations
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  Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules 
and Regulations  

[[Page 17075]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0302; Directorate Identifier 2009-NE-09-AD; 
Amendment 39-15881; AD 2009-08-08]
RIN 2120-AA64


Airworthiness Directives; Turbomeca Arriel 1B, 1D, 1D1, 2B, and 
2B1 Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

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:

    During production of Arriel 1 and Arriel 2 power turbine (PT) 
wheels, geometric non-conformances on blade fir tree roots have been 
detected by Turbomeca. Potentially non-conforming PT blades have 
been traced as having been installed on Module M04 (PT) listed in 
Alert Mandatory Service Bulletin (MSB) A292 72 0827 for Arriel 1 
engines and A292 72 2833 for Arriel 2 engines. The geometric non-
conformities of the blades may potentially lead to a reduction in 
the fatigue resistance of PT blades to a lower level than their 
authorized in service use limit. This reduction of fatigue 
resistance can potentially result in blade release, which could 
cause an uncommanded in-flight shutdown.

Uncommanded in-flight shutdown could result in an emergency 
autorotation landing. We are issuing this AD to prevent release of PT 
blades, which could result in uncommanded in-flight shutdown and 
emergency autorotation landing.

DATES: This AD becomes effective April 29, 2009.
    We must receive comments on this AD by May 14, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of Turbomeca Alert Mandatory Service Bulletin (MSB) No. A292 
72 0827, Version A, dated March 20, 2009, and Turbomeca Alert MSB No. 
A292 72 0827, Version A, dated March 20, 2009, listed in the AD as of 
April 29, 2009.

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.
     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 and 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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0068-E, dated March 25, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During production of Arriel 1 and Arriel 2 power turbine (PT) 
wheels, geometric non-conformances on blade fir tree roots have been 
detected by Turbomeca. Potentially non-conforming PT blades have 
been traced as having been installed on Module M04 (PT) listed in 
Alert MSB A292 72 0827 for Arriel 1 engines and A292 72 2833 for 
Arriel 2 engines. The geometric non-conformities of the blades may 
potentially lead to a reduction in the fatigue resistance of PT 
blades to a lower level than their authorized in service use limit. 
This reduction of fatigue resistance can potentially result in blade 
release, which could cause an uncommanded in-flight shutdown.

Uncommanded in-flight shutdown could result in an emergency 
autorotation landing. You may obtain further information by examining 
the MCAI in the AD docket.

Relevant Service Information

    Turbomeca has issued Alert MSB No. A292 72 0827, Version A, dated 
March 20, 2009, for Arriel 1 series turboshaft engines, and issued 
Alert MSB No. A292 72 2833, Version A, dated March 20, 2009, for Arriel 
2 series turboshaft engines. The power turbine modules M04 having the 
affected PT blades, are listed by serial number (SN) in Figure 1 of 
these MSBs, as applicable. We have incorporated by reference these MSBs 
to identify the affected parts.

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 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 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 and service information referenced 
above. We are issuing this AD because we evaluated all information 
provided by EASA and determined the unsafe condition exists

[[Page 17076]]

and is likely to exist or develop on other products of the same type 
design. This AD requires removing the affected PT blades from service.

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 
depending on the number of cycles already accumulated on some engines, 
the actions specified in this AD might require immediate incorporation 
before further flight. 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-2009-0302; Directorate 
Identifier 2009-NE-09-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 
with FAA personnel concerning 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:

    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:

2009-08-08 Turbomeca: Amendment 39-15881; Docket No. FAA-2009-0302; 
Directorate Identifier 2009-NE-09-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
29, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to:
    (1) Turbomeca Arriel 1B, 1D, and 1D1 turboshaft engines with the 
power turbine modules M04 installed, as listed by serial number (SN) 
in Figure 1 of Turbomeca Alert Mandatory Service Bulletin (MSB) No. 
A292 72 0827, Version A, dated March 20, 2009; and
    (2) Turbomeca Arriel 2B, and 2B1 turboshaft engines with the 
power turbine modules M04 installed, as listed by SN in Figure 1 of 
Turbomeca Alert MSB No. A292 72 2833, Version A, dated March 20, 
2009.
    (3) These engines are installed on, but not limited to, 
Eurocopter AS 350 B, AS 350 BA, AS 350 B1, AS 350 B2, AS 350 B3, and 
EC 130 B4 helicopters.

Reason

    (d) European Aviation Safety Agency (EASA) AD No. 2009-0068-E, 
dated March 25, 2009, states:

    During production of Arriel 1 and Arriel 2 power turbine (PT) 
wheels, geometric non-conformances on blade fir tree roots have been 
detected by Turbomeca. Potentially non-conforming PT blades have 
been traced as having been installed on Module M04 (PT) listed in 
Alert MSB A292 72 0827 for Arriel 1 engines and A292 72 2833 for 
Arriel 2 engines. The geometric non-conformities of the blades may 
potentially lead to a reduction in the fatigue resistance of PT 
blades to a lower level than their authorized in service use limit. 
This reduction of fatigue resistance can potentially result in blade 
release, which could cause an uncommanded in-flight shutdown.

Uncommanded in-flight shutdown could result in an emergency 
autorotation landing. We are issuing this AD to prevent release of 
PT blades, which could result in uncommanded in-flight shutdown and 
emergency autorotation landing.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) For engines with an affected Module M04 (PT module) which 
has accumulated 1,000 total PT cycles or more on the effective date 
of this AD, remove the PT blades from service before further flight.
    (2) For engines with an affected Module M04 (PT module) which 
has accumulated fewer than 1,000 total PT cycles on the effective 
date of this AD, remove the PT blades from service before 
accumulating 1,000 total PT cycles.
    (3) After the effective date of this AD, do not install any PT 
blades removed as specified in paragraph (e)(1) or (e)(2) of this 
AD, into any engine.

FAA AD Differences

    (f) Although the compliance section of EASA AD No. 2009-0068-E, 
dated March 25, 2009, states to replace the Module M04, or PT wheel 
assembly, or PT blades, this AD states to remove the PT blades from 
service.
    (g) Although EASA AD No. 2009-0068-E, dated March 25, 2009, 
applies to the Arriel

[[Page 17077]]

2B1A engine, this AD does not apply to that model because it has no 
U.S. type certificate.

Alternative Methods of Compliance (AMOCs)

    (h) 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 Airworthiness Directive 2009-0068-E, 
dated March 25, 2009, for related information.
    (j) Contact James Lawrence, Aerospace Engineer, Engine 
Certification Office, FAA, Engine and 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 the service information specified in Table 1 of 
this AD 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.
    (3) You may review copies at the FAA, New England Region, 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.

                                   Table 1--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Turbomeca Alert Mandatory Service
           Bulletin No.                     Page                 Version                       Date
----------------------------------------------------------------------------------------------------------------
A292 72 0827.....................  All..................  A....................  March 20, 2009.
    Total pages: 17
A292 72 2833.....................  All..................  A....................  March 20, 2009.
    Total Pages: 17
----------------------------------------------------------------------------------------------------------------


    Issued in Burlington, Massachusetts, on April 6, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
 [FR Doc. E9-8329 Filed 4-13-09; 8:45 am]
BILLING CODE 4910-13-P