[Federal Register Volume 68, Number 47 (Tuesday, March 11, 2003)]
[Rules and Regulations]
[Pages 11467-11469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5583]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NE-37-AD; Amendment 39-13080; AD 2003-05-04]
RIN 2120-AA64


Airworthiness Directives; Rolls-Royce Deutschland Ltd. & Co KG, 
Model Tay 611-8, 620-15, 650-15, and 651-54 Turbofan Engines

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD) that is applicable to Rolls-Royce Deutschland Ltd. & Co KG (RRD) 
Model Tay 620-15 and 650-15 turbofan engines. That AD currently 
requires initial and repetitive inspections of certain low pressure 
(LP) fuel tubes. This amendment requires the same inspections and adds 
two engine models to the applicability. This amendment is prompted by a 
report that certain Tay 611-8 and 651-54 turbofan engines may use the 
same LP fuel tube. The actions specified in this AD are intended to 
prevent a dual-engine flameout due to fuel exhaustion, which could lead 
to forced landing and possible damage to the airplane.

DATES: Effective March 26, 2003. The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register as of March 26, 2003. The incorporation by 
reference of certain other publications, as listed in the regulations, 
was approved previously by the Director of the Federal Register as of 
December 18, 2002 (67 FR 71814; December 3, 2002).
    Comments for inclusion in the Rules Docket must be received on or 
before May 12, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), New England Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 2002-NE-37-AD, 12 New England 
Executive Park, Burlington, MA 01803-5299. Comments may be inspected at 
this location, by appointment, between 8:00 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. Comments may also be sent via 
the Internet using the following address: [email protected]. 
Comments sent via the Internet must contain the docket number in the 
subject line.
    The service information referenced in this AD may be obtained from 
Rolls-Royce Deutschland Ltd. & Co KG, Eschenweg 11, D-15827 DAHLEWITZ, 
Germany; telephone 49 (0) 33-7086-1768; fax 49 (0) 33-7086-3356. This 
information may be examined, by appointment, at the 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: James Lawrence, Aerospace Engineer, 
Engine Certification Office, FAA, Engine and Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803-5299; telephone 781-
238-7176; fax 781-238-7199.

SUPPLEMENTARY INFORMATION: On November 21, 2002, the FAA issued AD 
2002-24-06, Amendment 39-12971 (67 FR 71814, December 3, 2002) to 
require an initial inspection within 300 hours time-in-service (TIS) 
after the effective date of the AD, or one month after the effective 
date of the AD, whichever occurred first. That action was prompted by a 
report of a dual-engine flameout on a Fokker F.28 Mark 0100 airplane 
that resulted in a forced landing and destruction of the airplane. That 
condition, if not corrected, could result in a dual-engine flameout due 
to fuel exhaustion, which could lead to forced landing and possible 
damage to the airplane. The Luftfhart Bundesamt (LBA), which is the 
airworthiness authority for Germany, determined that a leak from the LP 
fuel tube, part number (P/N) JR33021A, which connects the LP fuel 
flowmeter to the high pressure (HP) fuel pump, resulted in complete 
fuel exhaustion and subsequent dual engine flameout.
    Since AD 2002-24-06 was issued, the LBA has notified the FAA that 
the same unsafe condition may exist on RRD Model Tay 611-8 and 651-54 
turbofan engines with Part 4 of RRD SB TAY-73-1194 incorporated.

Manufacturer's Service Information

    RRD has issued SB TAY-73-1540, Revision 1, dated September 13, 
2002, that specifies procedures for inspecting the LP fuel tube, P/N 
JR33021A, for fretting on Tay 620-15 and 650-15 turbofan engines. The 
LBA classified this service bulletin as mandatory and issued AD No. 
2002-331, dated September 13, 2002, in order to ensure the 
airworthiness of these engines in Germany. RRD has also issued SB TAY-
73-1553, Revision 1, dated December 13, 2002, that specifies procedures 
for inspecting the LP fuel tube, P/N JR33021A, for fretting on Tay 611-
8 and 651-54 turbofan engines. The LBA classified this service bulletin 
as mandatory and issued AD No. 2002-358, dated November 28, 2002, in 
order to ensure the airworthiness of these RRD Model Tay 611-8 and 651-
54 turbofan engines in Germany.

Bilateral Airworthiness Agreement

    These engine models are type certificated in Germany, and are 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. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
LBA, 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 of an Unsafe Condition and Required Actions

    Since an unsafe condition has been identified that is likely to 
exist or develop on other RRD Tay 611-8, 620-15, 650-15, and 651-54 
turbofan engines of the same type design, this AD is being issued to 
prevent a dual-engine flameout due to fuel exhaustion, which could lead 
to forced landing and possible damage to the airplane. Since the 
effective date of AD 2002-24-06 was December 18, 2002, and all TAY 620-
15 and 650-15 engines should have completed the initial inspection, 
this AD requires:
    [sbull] An initial inspection of the LP fuel tube for fretting 
before further flight for Tay 620-15 and 650-15 turbofan engines.
    [sbull] An initial inspection of the LP fuel tube for fretting 
within 300 hours TIS or one month after the effective date of this AD, 
whichever occurs first for Tay 611-8 and 651-54 turbofan engines.

[[Page 11468]]

    [sbull] Repetitive inspections for fretting of the LP fuel tube 
within 2,000 hours TIS after the last inspection for Tay 611-8, 620-15, 
650-15, and 651-54 turbofan engines.
    The actions must be done in accordance with the service bulletins 
described previously. The inspections required by this AD are 
considered interim action, and further rulemaking actions may be taken.

Immediate Adoption of This AD

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NE-37-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a ``significant regulatory action'' 
under Executive Order 12866. It has been determined further that this 
action involves an emergency regulation under DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979). If it is determined 
that this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket. A copy of it, if filed, may 
be obtained from the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 removing Amendment 39-12971 (67 FR 
71814, December 3, 2002) and by adding a new airworthiness directive, 
Amendment 39-13080, to read as follows:

2003-05-04 Rolls-Royce Deutschland Ltd. & Co KG: Amendment 39-13080. 
Docket No. 2002-NE-37-AD. Supersedes AD 2002-24-06, Amendment 39-
12971.

    Applicability: This airworthiness directive (AD) is applicable 
to Rolls-Royce Deutschland Ltd. & Co KG (RRD), Model Tay 620-15, 
650-15 turbofan engines with low pressure (LP) fuel tube, part 
number (P/N) JR33021A, installed, and Tay 611-8 and 651-54 turbofan 
engines with Part 4 of RRD service bulletin (SB) TAY-73-1194 
incorporated and LP fuel tube, P/N JR33021A, installed. These 
engines are installed on, but not limited to Fokker F.28 Mark 0100 
airplanes, Supplemental Type Certificate No. SA842SW, Boeing 727 
airplanes, and Gulfstream G-IV 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 (f) 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 a dual-engine flameout due to fuel exhaustion which 
could lead to forced landing and possible damage to the airplane, do 
the following:

Tay 620-15 and 650-15 Turbofan Engines

    (a) Before further flight, for Tay 620-15 and 650-15 turbofan 
engines, inspect LP fuel tube, P/N JR33021A, for fretting in 
accordance with 3.C.1. through 3.C.10. of the Accomplishment 
Instructions of RRD SB TAY-73-1540, Revision 1, dated September 13, 
2002.
    (b) Thereafter, for Tay 620-15 and 650-15 turbofan engines, 
inspect the LP fuel tube, P/N JR33021A, for fretting in accordance 
with 3.C.1. through 3.C.10. of the Accomplishment Instructions of 
RRD SB TAY-73-1540, Revision 1, dated September 13, 2002; at 
intervals not to exceed 2,000 hours time-in-service (TIS) since the 
last inspection.

Tay 611-8 and 651-54 Turbofan Engines

    (c) For Tay 611-8 and 651-54 turbofan engines with Part 4 of RRD 
service bulletin (SB) TAY-73-1194 incorporated and 4,000 or more 
hours TIS, within 300 hours TIS after the effective date of this AD 
or one month after the effective date of this AD, whichever occurs 
first, inspect LP fuel tube, P/N JR33021A, for fretting in 
accordance with 3.C.1. through 3.C.11. of the Accomplishment 
Instructions of RRD SB TAY-73-1553, Revision 1, dated December 13, 
2002.
    (d) For Tay 611-8 and 651-54 turbofan engines with Part 4 of RRD 
service bulletin (SB) TAY-73-1194 incorporated and fewer than 4,000 
hours TIS, upon reaching 4,000 hours TIS or within one month after 
the effective date of this AD, whichever occurs later, inspect LP 
fuel tube, P/N JR33021A, for fretting in accordance with 3.C.1. 
through 3.C.11. of the Accomplishment Instructions of RRD SB TAY-73-
1553, Revision 1, dated December 13, 2002.
    (e) Thereafter, for Tay 611-8 and 651-54 turbofan engines with 
Part 4 of RRD service bulletin (SB) TAY-73-1194 incorporated,

[[Page 11469]]

inspect the LP fuel tube, P/N JR33021A, for fretting in accordance 
with 3.C.1. through 3.C.11. of the Accomplishment Instructions of 
RRD SB TAY-73-1553, Revision 1, dated December 13, 2002; at 
intervals not to exceed 2,000 hours TIS since the last inspection.

Alternative Methods of Compliance

    (f) 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 requests 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

    (g) Special flight permits may be issued in accordance with 
Sec. Sec.  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.

Documents That Have Been Incorporated by Reference

    (h) The inspections must be done in accordance with the 
following Rolls-Royce Deutschland Ltd. & Co KG service bulletins 
(SB's):

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              Document No.                   Pages       Revision                       Date
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SB TAY-73-1540--Total pages: 9..........          All            1  September 13, 2002.
SB TAY-73-1553--Total pages: 10.........          All            1  December 13, 2002.
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    The incorporation by reference of SB TAY-73-1540, Revision 1, 
dated September 13, 2002, was approved by the Director of the 
Federal Register on December 18, 2002 (67 FR 71814; December 3, 
2002). The incorporation by reference of SB TAY-73-1553, Revision 1, 
dated December 13, 2002, was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be obtained from Rolls-Royce Deutschland Ltd. & Co KG, 
Eschenweg 11, D-15827 DAHLEWITZ, Germany; telephone 49 (0) 33-7086-
1768; fax 49 (0) 33-7086-3356. Copies may be inspected at the 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.

    Note 3: The subject of this AD is addressed in LBA airworthiness 
directives AD No. 2002-331, dated September 13, 2002, and AD No. 
2002-358, dated November 28, 2002.

Effective Date

    (i) This amendment becomes effective on March 26, 2003.

    Issued in Burlington, Massachusetts, on March 4, 2003.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. 03-5583 Filed 3-10-03; 8:45 am]
BILLING CODE 4910-13-P