Discussion
EASA, which is the Technical Agent for the Member States of the European Community, has issued AD 2010-0079, dated April 26, 2010 (referred to after this as "the MCAI"), to correct an unsafe condition for the specified products. The MCAI states:
The turbine wheel, part number (P/N) 095-01-015-03, of the SAPHIR 20 Model 095 APU is a life-limited part. Microturbo had determined through "fleet leader" testing and inspection that the published life limit of this turbine wheel should be reduced to 9,000 cycles. Use of the turbine wheel beyond 9,000 cycles could lead to the release of high energy debris that could jeopardize aircraft safety.
For the reasons described above, EASA AD 2008-0084 required the implementation of the new life limit on the affected parts and the replacement parts that had exceeded the new life limit.
Microturbo has now determined that the life limit of the turbine wheel should be further reduced to 4,225 cycles. Use of the turbine wheel beyond 4,225 cycles could lead to the release of high energy debris that could jeopardize aircraft safety.
For the reasons described above, this AD, which supersedes EASA AD 2008-0084, requires the implementation of the new life limit on the affected parts and the replacement of parts that had exceeded this new limit. This AD also extends the scope to include the P/N 095-01-015-20 turbine wheel, which is physically identical to the P/ N 095-01-015-03 turbine wheel but is manufactured using a revised process (approved by EASA).
You may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
Microturbo has issued Service Bulletin 095-49-17, dated March 16, 2010. 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 EASA andis 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 removal of turbine wheels P/N 095-01-015-03 or P/N 095-01-015-20, before exceeding the new reduced life limit of 4,225 cycles-in-service, and replacement with a new or serviceable part.
FAA's Determination of the Effective Date
Since no domestic operators use this product, notice and opportunity for public comment before issuing this AD are unnecessary. Therefore, we are adopting this regulation immediately.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity forpublic 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-2010-0512; Directorate Identifier 2010-NE-21-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 gulatory 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 theAmendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by adding the following new AD: