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36355

Proposed Rules Federal Register


Vol. 70, No. 120

Thursday, June 23, 2005

This section of the FEDERAL REGISTER AD, 12 New England Executive Park, Availability of NPRM’s
contains notices to the public of the proposed Burlington, MA 01803–5299. Comments Any person may obtain a copy of this
issuance of rules and regulations. The may be inspected at this location, by
purpose of these notices is to give interested NPRM by submitting a request to the
appointment, between 8 a.m. and 4:30 FAA, New England Region, Office of the
persons an opportunity to participate in the p.m., Monday through Friday, except
rule making prior to the adoption of the final Regional Counsel, Attention: Rules
rules.
Federal holidays. Comments may also Docket No. 99–NE–33–AD, 12 New
be sent via the Internet using the England Executive Park, Burlington, MA
following address: 9-ane- 01803–5299.
DEPARTMENT OF TRANSPORTATION adcomment@faa.gov. Comments sent
via the Internet must contain the docket Discussion
Federal Aviation Administration number in the subject line. On October 28, 2002, the FAA issued
Contact Turbomeca S.A., 40220 AD 2002–22–11, Amendment 39–12937
14 CFR Part 39 Tarnos, France; telephone 33 05 59 74 (67 FR 68022, November 8, 2002). That
40 00, fax 33 05 59 74 45 15, for the AD requires smoke emission checks
[Docket No. 99–NE–33–AD]
service information identified in this after every ground engine shutdown.
RIN 2120–AA64 proposed AD. When shutting down the engine, fuel
FOR FURTHER INFORMATION CONTACT: flows into the combustion chamber,
Airworthiness Directives; Turbomeca Christopher Spinney, Aerospace which could result in a slight increase
Artouste III Series Turboshaft Engines Engineer, Engine Certification Office, of rundown time or emission of smoke
AGENCY: Federal Aviation FAA, Engine and Propeller Directorate, through the exhaust pipe, the air intake,
Administration (FAA), DOT. 12 New England Executive Park, or the turbine casing drain after the
Burlington, MA 01803–5299; telephone rotating assembly has stopped. This
ACTION: Notice of proposed rulemaking
(781) 238–7175; fax (781) 238–7199. condition might be caused by the
(NPRM).
SUPPLEMENTARY INFORMATION: thermal stresses to which the injection
SUMMARY: The FAA proposes to wheel is subjected or a malfunctioning
Comments Invited electric fuel cock. If there is smoke, that
supersede an existing airworthiness
directive (AD) for Turbomeca Artouste Interested persons are invited to action requires inspecting for fuel flow.
III series turboshaft engines. That AD participate in the making of the If there is no fuel flow, the engine might
currently requires smoke emission proposed rule by submitting such have injection wheel cracks, which
checks after every ground engine written data, views, or arguments as would require removing the engine from
shutdown, and if necessary, additional they may desire. Communications service for repair. If there is fuel flow,
checks and possibly removing the should identify the Rules Docket the engine might have a malfunctioning
engine from service. That action also number and be submitted in triplicate to electric fuel cock, which would require
requires inspection of central labyrinths the address specified above. All removing the electric fuel cock from
not previously inspected, or not communications received on or before service and replacing it with a
replaced after the engine logged 1,500 the closing date for comments, specified serviceable part. That action also
operating hours, and, replacement if above, will be considered before taking requires inspection of central labyrinths
necessary. That action also requires the action on the proposed rule. The not previously inspected, or not
removal of injection wheels at a new proposals contained in this action may replaced after the engine logged 1,500
lower life limit. This proposed AD be changed in light of the comments operating hours, and, replacement if
includes the same requirements as the received. necessary. That action also requires the
existing AD, but reduces the compliance Comments are specifically invited on removal of injection wheels at a new
time for the initial inspection of the the overall regulatory, economic, lower life limit. These conditions, if not
central labyrinth and adds repetitive environmental, and energy aspects of corrected, could result in injection
inspections of the central labyrinth. the proposed rule. All comments wheel cracks, which could result in an
This proposed AD results from reports submitted will be available, both before in-flight engine shutdown.
and analyses of in-flight engine and after the closing date for comments,
in the Rules Docket for examination by Actions Since AD 2002–22–11 was
shutdowns occurring since we issued Issued
AD 2002–22–11. We are proposing this interested persons. A report
AD to prevent injection wheel cracks summarizing each FAA-public contact Since AD 2002–22–11 was issued,
and excessive central labyrinth wear, concerned with the substance of this The Direction Generale de L’Aviation
which could result in an in-flight engine proposal will be filed in the Rules Civile (DGAC), which is the
shutdown. Docket. airworthiness authority for France,
Commenters wishing the FAA to notified the FAA that an unsafe
DATES: We must receive any comments
acknowledge receipt of their comments condition might continue to exist on
on this proposed AD by August 22, submitted in response to this action Turbomeca Artouste III B, B1, and D
2005. must submit a self-addressed, stamped series turboshaft engines. The DGAC
ADDRESSES: Submit comments in postcard on which the following advises that operators have continued to
triplicate to the Federal Aviation statement is made: ‘‘Comments to report cracks on the rear face of the
Administration (FAA), New England Docket Number 99–NE–33–AD.’’ The injection wheels, which can lead to fuel
Region, Office of the Regional Counsel, postcard will be date stamped and leakage into the turbine shaft tube
Attention: Rules Docket No. 99–NE–33– returned to the commenter. during operation. Turbomeca has

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36356 Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Proposed Rules

reviewed the latest in-service data that FAA’s Determination and Requirements permits unless we want to limit the use
shows that in-flight engine shutdowns of the Proposed AD of that general authority granted in
have continued to occur. As a result, Since we have identified an unsafe section 39.23.
this proposed AD includes the same condition that is likely to exist or Authority for This Rulemaking
requirements as the existing AD, but develop on other Turbomeca engines of
would reduce the compliance time for the same type design that are used on Title 49 of the United States Code
the initial inspection of the central helicopters registered in the United specifies the FAA’s authority to issue
labyrinth and adds a requirement for States, the proposed AD would require: rules on aviation safety. Subtitle I,
repetitive inspections of the central • Smoke emission checks after each Section 106, describes the authority of
labyrinth. last flight of the day. the FAA Administrator. Subtitle VII,
• If there is smoke, then inspect for Aviation Programs, describes in more
Relevant Service Information fuel flow. detail the scope of the Agency’s
• If there is no fuel flow, remove the authority.
We have reviewed and approved the engine from service for repair. We are issuing this rulemaking under
technical contents of Turbomeca • If there is fuel flow, remove the the authority described in Subtitle VII,
Artouste III Service Bulletin (SB) No electric fuel cock from service and part A, subpart III, Section 44701,
A218 72 0099, Update 1, dated June 6, replace with a serviceable part. ‘‘General requirements.’’ Under that
2001, that specifies procedures for • Initial inspection of central section, Congress charges the FAA with
smoke emission checks, and fuel flow labyrinths within 1,750 hours Time- promoting safe flight of civil aircraft in
inspections if smoke is detected. We Since-New or 50 hours from the air commerce by prescribing regulations
have also reviewed and approved effective date of this AD, whichever for practices, methods, and procedures
Turbomeca Artouste III Service Bulletin occurs later. the Administrator finds necessary for
(SB) No. A218 72 00100, Update 2, • Repetitive inspection of central safety in air commerce. This regulation
dated January 23, 2004, that specifies labyrinths within 1,750 hours time- is within the scope of that authority
procedures for inspection and since-last inspection. because it addresses an unsafe condition
replacement of central labyrinths. The The proposed AD would require that that is likely to exist or develop on
DGAC classified these SB’s as you do these actions using the service products identified in this rulemaking
information described previously. action.
mandatory and issued AD F–2004–016,
dated February 4, 2004, in order to Interim Action Regulatory Findings
assure the airworthiness of these These actions are interim actions and
Turbomeca Artouste III series engines in We have determined that this
we may take further rulemaking actions proposed AD would not have federalism
France. in the future. implications under Executive Order
Differences Between the Proposed AD Costs of Compliance 13132. This proposed AD would not
and the Service Information There are about 1,062 Turbomeca have a substantial direct effect on the
Artouste III engines of the affected States, on the relationship between the
The manufacturer calls for a check for national Government and the States, or
smoke emission through the exhaust design in the worldwide fleet. We
estimate that 59 engines installed on on the distribution of power and
pipe, air intake, or turbine casing drain responsibilities among the various
helicopters of U.S. registry would be
during rundown and after every engine levels of government.
affected by this proposed AD. We also
shutdown. This proposal will require For the reasons discussed above, I
estimate that it would take about 31
the same check, except it will only be certify that the proposed regulation:
work hours per engine to perform the
required after the last flight of the day. proposed actions, and that the average 1. Is not a ‘‘significant regulatory
Also, the manufacturer calls for labor rate is $65 per work hour. action’’ under Executive Order 12866;
inspection of the central labyrinth using Required parts would cost about $8,100 2. Is not a ‘‘significant rule’’ under the
ratios based on cycles per hour starting per engine. Based on these figures, we DOT Regulatory Policies and Procedures
with the published date of the SB. This estimate the proposed AD would cost (44 FR 11034, February 26, 1979); and
proposal will require the same U.S. operators $596,785. 3. Would not have a significant
inspection ratios beginning at the economic impact, positive or negative,
effective date of the proposed AD. Special Flight Permits Paragraph on a substantial number of small entities
Removed under the criteria of the Regulatory
Bilateral Agreement Information Paragraph (e) of the current AD, AD Flexibility Act.
This engine model is manufactured in 2002–22–11, contains a paragraph We prepared a summary of the costs
France and is type certificated for pertaining to special flight permits. to comply with this proposal and placed
operation in the United States under the Even though this final rule does not it in the AD Docket. You may get a copy
contain a similar paragraph, we have of this summary at the address listed
provisions of Section 21.29 of the
made no changes with regard to the use under ADDRESSES.
Federal Aviation Regulations (14 CFR
of special flight permits to operate the
21.29) and the applicable bilateral List of Subjects in 14 CFR Part 39
airplane to a repair facility to do the
airworthiness agreement. Under this work required by this AD. In July 2002, Air transportation, Aircraft, Aviation
bilateral airworthiness agreement, the we published a new 14 CFR part 39 that safety, Safety.
DGAC kept us informed of the situation contains a general authority regarding
described above. We have examined the The Proposed Amendment
special flight permits and airworthiness
findings of the DGAC, reviewed all directives; see Docket No. FAA–2004– Accordingly, under the authority
available information, and determined 8460, Amendment 39–9474 (69 FR delegated to me by the Administrator,
that AD action is necessary for products 47998, July 22, 2002). Thus, when we the Federal Aviation Administration
of this type design that are certificated now supersede ADs we will not include proposes to amend 14 CFR part 39 as
for operation in the United States. a specific paragraph on special flight follows:

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Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Proposed Rules 36357

PART 39—AIRWORTHINESS installed on, but not limited to Eurocopter (i) If fuel flow is not detected, prior to
DIRECTIVES SA 315 LAMA and SA 316 Alouette III further flight, remove the engine from service
helicopters. and replace with a serviceable engine.
1. The authority citation for part 39 (ii) If fuel flow is detected, remove the
Compliance
continues to read as follows: electric fuel cock from service and replace
(c) Compliance with this AD is required as with a serviceable part in accordance with
Authority: 49 U.S.C. 106(g), 40113, 44701. indicated, unless already done. To prevent section 2.B.(4) and 2.B.(5) of the referenced
§ 39.13 [Amended] injection wheel cracks and excessive central SB.
labyrinth wear, which could result in an in- (iii) Before entry into service, perform an
2. The FAA amends § 39.13 by flight engine shutdowns, do the following:
removing Amendment 39–12937 (67 FR engine ground run and check the fuel system
68022, November 8, 2002) and by Smoke Check again for smoke emissions through the
adding a new airworthiness directive, to (d) Following every engine ground exhaust pipe, air intake, or turbine casing
shutdown, do the following using Turbomeca drain during engine rundown and after shut-
read as follows:
Artouste III Service Bulletin (SB) No. 218 72 down; if smoke emissions still remain after
Turbomeca: Docket No. 99–NE–32–AD. replacement of the electric fuel cock, prior to
0099, dated September 14, 1998:
Comments Due Date (1) After every flight, check for smoke further flight, remove the engine from service
emissions through the exhaust pipe, air and replace with a serviceable engine.
(a) The Federal Aviation Administration
intake, or turbine casing drain during (e) For the purpose of this AD, a
(FAA) must receive comments on this
airworthiness directive (AD) action by rundown and after every engine shutdown. If serviceable engine is defined as an engine
August 22, 2005. a smoke emission has been noticed, check that does not exhibit smoke emissions.
the fuel system before the next flight to
Applicability Central Labyrinth Inspection
identify the origin of the smoke emissions.
(b) This AD applies to Turbomeca Artouste (2) If smoke is not detected, no action is (f) Perform checks and inspections of the
III B, B1, and D series turboshaft engines with required until the next engine ground central labyrinth and, if necessary, replace
injection wheels part numbers (P/Ns) shutdown. the central labyrinth, using paragraph 2. of
218.25.700.0, 218.25.704.0, 243.25.709.0, (3) If smoke is detected, inspect for fuel Turbomeca ASB No. A218 72 0100, Update
243.25.713.0, 0.218.27.705.0, 0.218.27.709.0, flow in accordance with paragraph 2.B.(1) 2, dated January 23, 2004, and the following
and 0.218.27.713.0. These engines are and 2.B.(2) of the referenced SB. Table 1:

TABLE 1.—INSPECTION SCHEDULE


Initial inspection Repetitive inspection

Prior to 1,750 hours Time-Since-New or 1,750 hours Time-Since-Last Inspection (TSLI), or 50 hours from the effective 1,750 hours TSLI.
date of this AD, whichever occurs later.

Alternative Methods of Compliance ACTION:Advance notice of proposed Comments should be captioned


(g) The Manager, Engine Certification rulemaking. ‘‘Mattress ANPR (Cigarette Ignition).’’
Office, has the authority to approve Comments may also be mailed,
alternative methods of compliance for this SUMMARY: The Consumer Product Safety preferably in five copies, to the Office of
AD if requested using the procedures found Commission (‘‘CPSC’’ or ‘‘Commission’’) the Secretary, Consumer Product Safety
in 14 CFR 39.19. is considering revoking or amending its Commission, Washington, DC 20207–
Related Information
existing standard for the flammability of 0001, or delivered to the Office of the
mattresses and mattress pads (16 CFR Secretary, Consumer Product Safety
(h) DGAC airworthiness directive F–2004– part 1632). The Commission recently
016, dated February 4, 2004, also addresses
Commission, Room 502, 4330 East-West
proposed a new standard addressing the Highway, Bethesda, Maryland;
the subject of this AD.
flammability of mattresses. Several telephone (301) 504–0800. Comments
Issued in Burlington, Massachusetts, on commenters have suggested that if and also may be filed by facsimile to (301)
June 15, 2005. when the new standard takes effect, 504–0127.
Robert E. Guyotte, continuing the cigarette ignition FOR FURTHER INFORMATION CONTACT:
Acting Manager, Engine and Propeller standard would be burdensome and Margaret Neily, Directorate for
Directorate, Aircraft Certification Service. unnecessary. With this advance notice Engineering Sciences, Consumer
[FR Doc. 05–12414 Filed 6–22–05; 8:45 am] of proposed rulemaking, the Product Safety Commission,
BILLING CODE 4910–13–P Commission begins to assess the need Washington, DC 20207; telephone (301)
for continuing the existing mattress 504–7530.
standard. The Commission invites
comments concerning the risk of injury SUPPLEMENTARY INFORMATION:
CONSUMER PRODUCT SAFETY identified in this notice, the regulatory A. Background
COMMISSION alternatives being considered, and other
possible alternatives. The Commission The Standard for the Flammability of
16 CFR Part 1632 also invites submission of any existing Mattresses (and Mattress Pads) (16 CFR
standard or statement of intention to part 1632) was issued by the
Advance Notice of Proposed modify or develop a voluntary standard Department of Commerce in 1972 under
Rulemaking; Possible Revocation or to address cigarette ignition of the authority of the Flammable Fabrics
Amendment of Standard for the mattresses and mattress pads. Act (‘‘FFA’’), 15 U.S.C. 1191 et seq.
Flammability of Mattresses and When the Commission was created, the
DATES: Comments and submissions responsibility for issuing and amending
Mattress Pads (Cigarette Ignition)
must be received by August 22, 2005. flammability standards under the FFA
AGENCY:Consumer Product Safety ADDRESSES: Comments should be sent was transferred to the Commission. 15
Commission. by e-mail to cpsc-os@cpsc.gov. U.S.C. 2079(b).

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