On February 17, 2006, the FAA issued AD 2006-04-15, Amendment 39-14497 (71 FR 9692, February 27, 2006). That AD requires removing affected fuel pumps from service and installing serviceable fuel pumps, within 30 days or 80 operating hours after receipt of a serviceable fuel pump, whichever occurs first, but no later than March 15, 2006. That AD was the result of fuel pumps entering service after passing a faulty acceptance test. Accordingly, those fuel pumps may limit the maximum fuel flow available to the engine. That condition, if not corrected, could result in reduced engine fuel flow and subsequent loss of control of the helicopter, or an accident.
Actions Since AD 2006-04-15 Was Issued
The European Aviation Safety Agency (EASA), which is the airworthiness authority for the European Union, notified the FAA that Turbomeca has identified an additional 58 fuel pumps, by SN, that were omitted from the original SN listing. These pumps may be installedon U.S.-registered Eurocopter France Alouette III SE.3160, SA.316B, SA.315B, and SA.316C helicopters.
Turbomeca issued Mandatory Service Bulletin No. 218 73 0802, Update 1, dated January 8, 2007, to address the 160 suspect fuel pumps. We cannot confirm that these fuel pumps have been removed from service and retested or replaced. The EASA issued AD 2007-0030, dated February 6, 2007, in order to ensure the airworthiness of these engines in the European Union. We are issuing this AD to prevent reduced helicopter performance, subsequent loss of control of the helicopter, or accident.
Differences Between This AD and the Service Information
Turbomeca SB 218 73 0802, Update 1, dated January 8, 2007, requires compliance by March 1, 2007, at the latest. This AD requires compliance no later than 30 days after the effective date of this AD.
Bilateral Airworthiness Agreement
This engine model is manufactured in France and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Under this bilateral airworthiness agreement, the EASA has kept the FAA informed of the situation described above. We have examined the findings of the EASA, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States.
FAA's Determination and Requirements of This AD
The unsafe condition described previously is likely to exist or develop on other Turbomeca Artouste III B, Artouste III B1, and Artouste III D turboshaft engines of the same type design. We are issuing this AD to prevent reduced engine fuel flow and subsequent loss of control of the helicopter, or an accident. This AD requires:
For pumps with a SN listed in Table 1 of this AD, removing affected fuel pumps from service and installing serviceable fuel pumps nolater than
March 15, 2006, the compliance end date of AD 2006-04-15.
For pumps with a SN listed in Table 2 of this AD, removing affected fuel pumps from service and installing serviceable fuel pumps before accumulating 50 cycles-in-service after the effective date of this AD, but no later than 30 days after the effective date of this AD.
FAA's Determination of the Effective Date
Since an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for public comment before issuing this AD are impracticable, and that good cause exists for making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to send us any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include "AD Docket No. FAA-2006-23594; Directorate Identifier 2005-NE-54-AD'' in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it.
We will post all comments we receive, without change, to http://dms.dot.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 DMS Web site, anyone can find and read the comments in any of our dockets, including 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) or you may visit http://dms.dot.gov.
Examining the AD Docket
You may examine the AD docket on the Internet athttp://dms.dot.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 provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.
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 have 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 that 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 summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
Under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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 removing Amendment 39-14497 (71 FR 9692, February 27, 2006), and by adding a new airworthiness directive, Amendment 39-15202, to read as follows: