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AGENCY: Federal Aviation Administration
(FAA), DOT.
ACTION: Final rule; request for comments.
SUMMARY: We are adopting a new airworthiness directive (AD) for
the products listed above, on which the exhaust thermal insulation has
been replaced since January 1, 1995. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of another
country to identify and correct an unsafe condition on an aviation product.
The MCAI describes the unsafe condition as:
Due to a lapse in manufacturing quality control, the exhaust thermal insulation
of certain Microturbo SA Saphir 2 model 016 auxiliary power units (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.
We are issuing this AD to prevent 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.
DATES: This AD becomes effective July 14, 2009
We must receive comments on this AD by July 29, 2009
The Director of the Federal Register approved the incorporation by reference
of Microturbo SA Alert Service Bulletin No. 49-11A76, Revision 1, dated,
September 6, 2007, listed in the AD as of July 14, 2009
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http:// www.regulations.gov and follow
the instructions for sending your comments electronically.
Mail: U.S. Department of Transportation, 1200 New Jersey Avenue, SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Examining the AD Docket
You may examine the AD docket on the Internet at http:// www.regulations.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 the same as the Mail address provided in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Michael Schwetz, Aerospace Engineer,
Boston Aircraft Certification Office, FAA, Engine and Propeller Directorate,
12 New England Executive Park, Burlington, MA 01803; e-mail: michaelschwetz@faa.gov;
telephone (781) 238-7761; fax (781) 238-7170.
SUPPLEMENTARY INFORMATION:
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 also requires
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
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 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:
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