AD 2010-07-08

This AD becomes effective April 19, 2010. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of April 19, 2010.

We must receive any comments on this AD by June 1, 2010.

Use one of the following addresses to comment on this AD:

• Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically.

• Mail: U.S. Docket Management Facility, 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.

Contact Kelly Aerospace Energy Systems, LLC, 2900 Selma Highway, Montgomery, Alabama 36108; telephone (334) 386-5400; fax (334) 386-5450; or go to: http://www.kellyaerospace.com, for the service information identified in this AD.

Gary Wechsler, Aerospace Engineer, Propulsion, Atlanta Aircraft Certification Office, 1701 Columbia Avenue, College Park, GA 30337; telephone (404) 474-5575; fax (404) 474-5606.

In October 2009, we were made aware by KAES that since June 2007, three turbochargers rebuilt by KAES have failed. Two had turbine wheel head separation and the third had a turbine shaft seizure. Investigation revealed that a steel wire brush was used to remove the accumulated coking that had built up on these turbine wheels being reclaimed for re-use in rebuilt turbochargers. This procedure created a rough surface finish on the turbine wheel shaft that exceeded allowable limits. The rough surface finish can disrupt the required formation of a hydrodynamic layer of oil between the shaft and mating bearings. This condition, if not corrected, could result in separation or seizure of the turbocharger turbine, which could result in full or partial engine power loss, loss of engine oil, and smoke in the airplane cabin.

We have reviewed and approved the technical contents of Kelly Aerospace Energy Systems, LLC Service Bulletin (SB) No. 039 A, dated February 10, 2010. That SB identifies the rebuilt turbochargers by P/N and S/N that are suspect of having a rough shaft surface finish exceeding allowable limits.

The unsafe condition described previously is likely to exist or develop on other KAES rebuilt turbochargers of the same type design. For that reason, we are issuing this AD to prevent separation or seizure of the turbocharger turbine, which could result in full or partial engine power loss, loss of engine oil, and smoke in the airplane cabin. This AD requires removal from service of certain P/N and S/N rebuilt turbochargers. You must use the service information described previously to determine what S/N rebuilt turbochargers are affected by this AD.

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.

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-2009-1259; Directorate Identifier 2009-NE-41-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://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).

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.

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.

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.

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:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive: