[Federal Register Volume 74, Number 123 (Monday, June 29, 2009)]
[Rules and Regulations]
[Pages 30912-30914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14809]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0510; Directorate Identifier 2009-NE-16-AD; 
Amendment 39-15948; AD 2009-13-09]
RIN 2120-AA64


Airworthiness Directives; Microturbo SA Saphir 2 Model 016 
Auxiliary Power Units

AGENCY: Federal Aviation Administration (FAA), 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, on which the

[[Page 30913]]

exhaust thermal insulation has been replaced since January 1, 1995. 
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:

    Due to a lapse in manufacturing quality control, the exhaust 
thermal insulation of certain Microturbo SA Saphir 2 model 016 
auxiliary power units (APUs) may not meet the approved design 
standard, and may fail in service. The affected part numbers are 
016-33-01 (Inner Thermal Insulation), 016-33-02 (Outer Thermal 
Insulation), and 016-33-03 (EGT Sensor Thermal Insulation). This 
condition, if not corrected, could result in rapid deterioration and 
physical breakdown of the exhaust thermal insulation, leading to 
loss of insulation efficiency and ultimately exposure of the hot APU 
exhaust section and risk of fire.

    We are issuing this AD to prevent rapid deterioration and physical 
breakdown of the exhaust thermal insulation, leading to loss of 
insulation efficiency and ultimately exposure of the hot APU exhaust 
section and risk of fire.

DATES: This AD becomes effective July 14, 2009
    We must receive comments on this AD by July 29, 2009
    The Director of the Federal Register approved the incorporation by 
reference of Microturbo SA Alert Service Bulletin No. 49-11A76, 
Revision 1, dated, September 6, 2007, listed in the AD as of July 14, 
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: Michael Schwetz, Aerospace Engineer, 
Boston Aircraft Certification Office, FAA, Engine and Propeller 
Directorate, 12 New England Executive Park, Burlington, MA 01803; e-
mail: [email protected]; telephone (781) 238-7761; fax (781) 238-
7170.

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 2009-0100, dated May 4, 2009 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products.] The MCAI states:

    Due to a lapse in manufacturing quality control, the exhaust 
thermal insulation of certain Microturbo SA Saphir 2 model 016 APUs 
may not meet the approved design standard, and may fail in service. 
The affected part numbers are 016-33-01 (Inner Thermal Insulation), 
016-33-02 (Outer Thermal Insulation), and 016-33-03 (EGT Sensor 
Thermal Insulation). This condition, if not corrected, could result 
in rapid deterioration and physical breakdown of the exhaust thermal 
insulation, leading to loss of insulation efficiency and ultimately 
exposure of the hot APU exhaust section and risk of fire.

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

Relevant Service Information

    Microturbo SA has issued Alert Service Bulletin No. 49-11A76, 
Revision 1, dated September 6, 2007. 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 and service information referenced 
above. We are issuing this AD because we evaluated all information 
provided by 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 initial and repetitive visual inspections of certain 
exhaust thermal insulation for signs of deterioration on Microturbo SA 
Saphir 2 model 016 APUs. This AD also requires replacement of the 
affected exhaust thermal insulation as mandatory terminating action to 
the repetitive visual inspections.

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 potential for rapid deterioration and physical breakdown of the 
exhaust thermal insulation, leading to loss of insulation efficiency 
and ultimately exposure of the hot APU exhaust section and risk of 
fire. 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-2009-0510; Directorate 
Identifier 2009-NE-16-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,

[[Page 30914]]

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:

2009-13-09 Microturbo SA: Amendment 39-15948.; Docket No. FAA-2009-
0510; Directorate Identifier 2009-NE-16-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 14, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Microturbo SA Saphir 2 model 016 
auxiliary power units (APUs) on which the exhaust thermal insulation 
has been replaced since January 1, 1995. These APUs are installed 
on, but not limited to, Dassault Falcon 20 airplanes.

Reason

    (d) European Aviation Safety Agency (EASA) AD No. 2009-0100, 
dated May 4, 2009, states:

    Due to a lapse in manufacturing quality control, the exhaust 
thermal insulation of certain Microturbo SA Saphir 2 model 016 APUs 
may not meet the approved design standard, and may fail in service. 
The affected part numbers are 016-33-01 (Inner Thermal Insulation), 
016-33-02 (Outer Thermal Insulation), and 016-33-03 (EGT Sensor 
Thermal Insulation). This condition, if not corrected, could result 
in rapid deterioration and physical breakdown of the exhaust thermal 
insulation, leading to loss of insulation efficiency and ultimately 
exposure of the hot APU exhaust section and risk of fire.

    We are issuing this AD to prevent rapid deterioration and 
physical breakdown of the exhaust thermal insulation, leading to 
loss of insulation efficiency and ultimately exposure of the hot APU 
exhaust section and risk of fire.

Actions and Compliance

    (e) Unless already done, do the following actions.

Initial and Repetitive Inspections

    (1) Within 10 APU operating hours from the effective date of 
this AD, visually inspect the exhaust thermal insulation for signs 
of deterioration. Repeat the inspection at intervals not exceeding 
10 operating APU hours.
    (2) If deterioration is detected, replace the exhaust thermal 
insulation before operating the APU again. Use paragraphs 2.A. 
through 2.C.(4)(b) of Microturbo SA Alert Service Bulletin No. 49-
11A76, Revision 1, dated September 6, 2007, to do the replacement.

Mandatory Terminating Action

    (3) As mandatory terminating action to the repetitive visual 
inspections required by this AD, replace the exhaust thermal 
insulation within 50 APU operating hours from the effective date of 
this AD. Use paragraphs 2.A. through 2.C.(4)(b) of Microturbo SA 
Alert Service Bulletin No. 49-11A76, Revision 1, dated September 6, 
2007, to do the replacement.

FAA AD Differences

    (f) None.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Boston Aircraft 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

    (h) Refer to MCAI EASA Airworthiness Directive 2009-0100, dated 
May 4, 2009, for related information.
    (i) Contact Michael Schwetz, Aerospace Engineer, Boston Aircraft 
Certification Office, FAA, Engine and Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
[email protected]; telephone (781) 238-7761; fax (781) 238-
7170, for more information about this AD.

Material Incorporated by Reference

    (j) You must use Microturbo SA Alert Service Bulletin No. 49-
11A76, Revision 1, dated September 6, 2007, 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 
Microturbo SA, Technical Publications Department, 8, Chemin du pont 
de Rupe, BP 62089, 31019 Toulouse Cedex 2, France; telephone (33) 
(0)5 61 37 55 00; fax (33) (0)5 61 70 74 45.
    (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.

    Issued in Burlington, Massachusetts, on June 17, 2009.
Carlos Pestana,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E9-14809 Filed 6-26-09; 8:45 am]
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