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 EASA AD No. 2011-0023-E, dated February 9, 2011 (corrected on February 10, 2011) (referred to after this as ``the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:
In October 2009, Turbomeca issued SB [Service Bulletin] No. 292 73 0826, Version A that instructed operators to check the effectiveness of the bonding of the ejector jet installed on the low-pressure fuel system between the tank and the high-pressure fuel pump.
So far, Turbomeca have been informed of three discrepancies with the reassembly of the ejector following a maintenance procedure performed during accomplishment of Turbomeca SB No. 292 73 0826, Version A.
In all three cases, the discrepancies led to a ``one-off'' abnormal evolution of gas generator (NG) rating during engine starting. In one of these cases, this resulted in an uncommanded in- flight shutdown, during a cruising phase at 8,000 feet.
You may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
We reviewed Turbomeca MSB No. A292 73 0834, Version B, dated February 8, 2011, and SB No. 292 73 0826, Version B, dated February 4, 2011. This service information describes procedures for inspecting for proper ejector installation.
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, EASA has 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 inspecting the fuel ejector in the body of the fuel ejector assembly for proper installation by checking that the circlip is properly seated in its groove, for all affected engines. This AD requires the same actions and compliance times as emergency AD 2011-05- 51, after receipt of the emergency AD, and expands the AD applicability by including helicopters having one or two affected engines and experiencing no starting difficulties.
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 of uncommanded engine in-flight shutdown of one or both engines in a two-engine helicopter and an emergency autorotation landing or accident.
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-2011-0141; Directorate Identifier 2011-NE-06-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 ordevelop 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.
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Adoption of the Amendment
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: