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 alsorequires 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 completePrivacy 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
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: