[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Rules and Regulations]
[Pages 30774-30775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11334]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NE-04-AD; Amendment 39-12743; AD 2002-09-10]
RIN 2120-AA64


Airworthiness Directives; CFE Company Model CFE738-1-1B Turbofan 
Engines

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), that 
is applicable to CFE Company Model CFE738-1-1B turbofan engines. This 
amendment requires replacing the high pressure turbine (HPT) stage 1 
aft cooling plate and HPT stage 2 disk at or before they reach new 
reduced life cycle limits. This amendment is prompted by analysis of 
the existing life cycle limits by the engine manufacturer. The actions 
specified by this AD are intended to prevent failure of the HPT stage 1 
aft cooling plate and HPT stage 2 disk, which could result in an 
uncontained engine failure and damage to the airplane.

DATES: Effective date June 12, 2002.

ADDRESSES: Information regarding this action may be examined, by 
appointment, at the Federal Aviation Administration (FAA), New England 
Region, Office of the Regional Counsel, 12 New England Executive Park, 
Burlington, MA; or at the Office of the Federal Register, 800 North 
Capitol Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Keith Mead, Aerospace Engineer, Engine 
Certification Office, FAA, Engine and Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803-5299; telephone (781) 238-
7744, fax (781) 238-7199.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an AD that is 
applicable to CFE Company Model CFE738-1-1B turbofan engines was 
published in the Federal Register on December 4, 2001 (66 FR 63008). 
That action proposed to require replacing the HPT stage 1 aft cooling 
plate and HPT stage 2 disk at or before they reach new reduced life 
cycle limits.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Create AD's for Limits

    One commenter questions why the FAA has to create an AD for limits 
contained in maintenance manuals that are already FAA approved.

AD Issuance Not Required

    Another commenter states that this AD is not necessary since all 
U.S operators must maintain these engines in accordance with Federal 
Aviation Regulations and manufacturers' recommendations. The commenter 
also points to section 91.409(e) of the Federal Aviation Regulations 
(14 CFR 91.409), which requires adherence to life limits established 
for the aircraft, engines, and other equipment, to say that the AD is 
not required.
    The FAA disagrees with these comments. Life limits are established 
during the type certification process and initially published in the 
product's Airworthiness Limitation Section of the Instructions for 
Continued Airworthiness. The limits established at the time the type 
certificate is issued are the limits required to be followed by owners 
and operators until the FAA issues an AD to lower those limits. AD's 
that apply more restrictive life limits to products are issued when the 
original life limits contribute to an unsafe condition. Without an AD, 
unless owners and operators agree to lower life limits as part of a 
continuous airworthiness maintenance plan, owners and operators need 
not adhere to a reduction in a life limit appearing only in a revised 
manual, updated type certificate data sheet, or service document, even 
if those documents indicate they are FAA approved. After a product 
enters service the FAA oversees manufacturers, and, as in this 
instance, reviews analyses performed by the manufacturers of the life 
limits established at the time the type certificate was issued in order 
to determine if there is a need to make an adjustment to those limits. 
Therefore this AD is necessary.

[[Page 30775]]

Typographical Error

    The FAA comments that a typographical error exists in paragraph (c) 
of the proposal. Part number (P/N) 6038T38P07 is incorrect, and 
therefore is changed in the final rule to read P/N 6083T38P07.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the indicated part 
number change.

Economic Analysis

    There are approximately 331 CFE Company model CFE738-1-1B turbofan 
engines of the affected design in the worldwide fleet. The FAA 
estimates that 247 engines installed on airplanes of U.S. registry 
would be affected by this AD. The FAA also estimates that it would take 
approximately 450 work hours per engine to accomplish the proposed 
actions (225 work hours to replace the HPT stage 1 aft cooling plate 
and 225 work hours to replace the HPT stage 2 disk), and that the 
average labor rate is $60 per work hour. Required parts would cost 
approximately $32,170 per engine ($11,775 for the HPT stage 1 aft 
cooling plate and $20,395 for the HPT stage 2 disk). Based on these 
figures, the total cost of the AD on U.S. operators is estimated to be 
$14,614,990.

Regulatory Analysis

    This final rule does not have federalism implications, as defined 
in Executive Order 13132, because it would 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. Accordingly, 
the FAA has not consulted with state authorities prior to publication 
of this final rule.
    For the reasons discussed above, I certify that this action (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) if promulgated, 
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. A final evaluation has been prepared for 
this action and it is contained in the Rules Docket. A copy of it may 
be obtained by contacting the Rules Docket at the location provided 
under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to 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. Section 39.13 is amended by adding a new airworthiness directive 
to read as follows:

2002-09-10 CFE Company: Amendment 39-12743. Docket No. 2001-NE-04-
AD.

Applicability

    This airworthiness directive (AD) is applicable to CFE Company 
model CFE738-1-1B turbofan engines with high pressure turbine (HPT) 
stage 1 aft cooling plates, part number (P/N) 6083T38P07, and HPT 
stage 2 disks, P/N's 6083T92P06, 6083T92P07, 6083T92P08, 6083T92P10, 
and 6083T92P11, installed. These engines are installed on, but not 
limited to Dassault-Breguet Falcon 2000 series airplanes.

    Note 1: This AD applies to each engine identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For engines that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

Compliance

    Compliance with this AD is required as indicated, unless already 
done.
    To prevent failure of the HPT stage 1 aft cooling plate and HPT 
stage 2 disk due to exceeding the life limit, do the following:
    (a) Replace the HPT stage 1 aft cooling plate P/N 6083T38P07 at 
or before the cooling plate accumulates 3,500 cycles-since-new 
(CSN).
    (b) Replace HPT stage 2 disks, P/N's 6083T92P06, 6083T92P07, 
6083T92P08, 6083T92P10, and 6083T92P11; at or before the disk 
accumulates 2,700 CSN.
    (c) After the effective date of this AD, do not install any HPT 
stage 1 aft cooling plate, P/N 6083T38P07, that exceeds 3,500 CSN.
    (d) After the effective date of this AD, do not install any HPT 
stage 2 disk, P/N 6083T92P06, 6083T92P07, 6083T92P08, 6083T92P10, or 
6083T92P11, that exceeds 2,700 CSN.

Alternative Methods of Compliance

    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Engine Certification Office (ECO). 
Operators must submit their request through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, ECO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this airworthiness directive, 
if any, may be obtained from the ECO.

Special Flight Permits

    (f) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be done.

Effective Date

    (g) This amendment becomes effective on June 12, 2002.

    Issued in Burlington, Massachusetts, on April 30, 2002.
Diane S. Romanosky,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 02-11334 Filed 5-7-02; 8:45 am]
BILLING CODE 4910-13-U