[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Proposed Rules]
[Pages 7002-7004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3018]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / 
Proposed Rules  

[[Page 7002]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0057; Directorate Identifier 85-ANE-25-AD]
RIN 2120-AA64


Airworthiness Directives; Rolls-Royce plc (RR) RB211-535E4 Series 
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) for Rolls-Royce (RR) RB211-535E4 series turbofan 
engines. That AD currently requires initial and repetitive inspections 
of the outer combustion case for cracks and possible removal. This 
proposed AD would require the same inspections, but would require using 
RR Mandatory Service Bulletin (MSB) RB.211-72-7775, Revision 3, dated 
April 9, 1999. This proposed AD results from RR issuing a revision to 
the MSB. We are proposing this AD to prevent an uncontained outer 
combustion case burst, which could result in damage to the airplane.

DATES: We must receive any comments on this proposed AD by April 13, 
2009.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, 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.
    Contact Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, United 
Kingdom; telephone: 44 (0) 1332-242424; fax: 44 (0) 1332-249936, for 
the service information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Ian Dargin, Aerospace Engineer, Engine 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
[email protected]; telephone (781) 238-7178; fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposal. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2009-0057; Directorate 
Identifier 85-ANE-25-AD'' in the subject line of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of the proposed AD. We will consider 
all comments received by the closing date and may amend the proposed AD 
in light 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 proposed 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).

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 proposed 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.

Discussion

    On March 24, 1986, the FAA issued AD 86-07-01, Amendment 39-5273 
(51 FR 12511, April 11, 1986). That AD requires initial and repetitive 
inspections of the combustor case welds using RR MSB RB.211-72-7775, 
dated June 28, 1985. The Civil Aviation Authority (CAA), which is the 
airworthiness authority for the United Kingdom, notified us that an 
unsafe condition may exist on RR RB211-535E4 series turbofan engines. 
The CAA advises that RR has issued MSB RB.211-72-7775, Revision 3, 
dated April 9, 1999 to add the option of using an ECI to inspect the 
outer combustion case for cracks. That condition, if not corrected, 
could result in an uncontained outer combustion case burst, which could 
result in damage to the airplane.

Actions Since AD 86-07-01 Was Issued

    Since that AD was issued, RR has issued MSB RB.211-72-7775, 
Revision 1, dated January 24, 1992; RB.211-72-7775, Revision 2, dated 
February 27, 1998; and RB.211-72-7775, Revision 3, dated April 9, 1999. 
MSB RB.211-72-7775, Revision 3, dated April 9, 1999 allows using an 
eddy current inspection (ECI) instead of the fluorescent penetrant 
inspection required by MSB RB.211-72-7775, dated June 28, 1985; RB.211-
72-7775, Revision 1, dated January 24, 1992; and RB.211-72-7775, 
Revision 2, dated February 27, 1998. Also, we no longer consider using 
red dye penetrant, as specified in MSB RB.211-72-7775, dated June 28, 
1985, an acceptable inspection method.

Special Flight Permits Paragraph Removed

    The current AD, AD 86-07-01, contains a paragraph pertaining to 
special flight permits. Even though this NPRM does not contain a 
similar paragraph, we have made no changes with regard to the use of 
special flight permits to operate the airplane to a repair facility to 
do the work required by this AD. In July 2002, we published a new Part 
39 that contains a general authority regarding special flight permits 
and airworthiness directives;

[[Page 7003]]

see Docket No. FAA-2004-8460, Amendment 39-9474 (69 FR 47998, July 22, 
2002). Thus, when we now supersede ADs, we will not include a specific 
paragraph on special flight permits unless we want to limit the use of 
that general authority granted in section 39.23.

Relevant Service Information

    We have reviewed and approved the technical contents of RR 
Mandatory Service Bulletin (MSB) RB.211-72-7775, Revision 3, dated 
April 9, 1999, that describes procedures for inspecting the outer 
combustion case for cracks. The CAA classified this service bulletin as 
mandatory and issued AD CAA 008-07-85 in order to ensure the 
airworthiness of these RR engines in the United Kingdom.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other products 
of this same type design. For that reason, we are proposing this AD, 
which would require initial and repetitive ECI of the outer combustion 
case, and if necessary, replacing the case. The proposed AD would 
require that you do these actions using the service information 
described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 300 engines 
installed on airplanes of U.S. registry. We also estimate that it would 
take about 1 work-hour per engine to perform the proposed actions, and 
that the average labor rate is $80 per work-hour. No parts are 
required. Based on these figures, we estimate the total cost of the 
proposed AD to U.S. operators to be $24,000.

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 have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the proposed 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. Would 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 proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Under the authority delegated to me by the Administrator, the 
Federal Aviation Administration proposes to amend 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 removing Amendment 39-5273 (51 FR 
12511, April 11, 1986) and by adding a new airworthiness directive to 
read as follows:

Rolls-Royce plc (RR) (Formerly Rolls-Royce Limited): Docket No. FAA-
2009-0057; Directorate Identifier 85-ANE-25-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this airworthiness directive (AD) action by April 13, 
2009.

Affected ADs

    (b) This AD supersedes AD 86-07-01, Amendment 39-5273.

Applicability

    (c) This AD applies to RR RB211-534E4-37, RR RB211-534E4-37, RR 
RB211-534E4-37, RR RB211-534E4-37 turbofan engines that don't 
incorporate RR Service Bulletin (SB) RB.211-72-8045. These engines 
are installed on, but not limited to, Boeing 757 and Tupolev Tu204 
airplanes.

Unsafe Condition

    (d) This AD results from RR issuing revisions to Mandatory 
Service Bulletin (MSB) RB.211-72-7775. We are issuing this AD to 
prevent an uncontained outer combustion case burst, which could 
result in damage to the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified unless the 
actions have already been done.

Initial Inspection

    (f) Perform an initial inspection of the outer combustion 
casing. Use the Accomplishment Instructions 3.A. of RR MSB RB.211-
72-7775, Revision 3, dated April 9, 1999 and the following 
compliance schedules:
    (1) For cases with 1,500 or fewer cycles-since-new (CSN) on the 
effective date of this AD, inspect before accumulating 1,500 CSN.
    (2) For cases with more than 1,500 CSN on the effective date of 
this AD, inspect within 50 cycles-in-service (CIS) after the 
effective date of this AD.
    (3) If you detect any cracks of 1.5 inches or more, replace the 
case before further flight.

Repetitive Inspections

    (g) Thereafter, inspect cases at the following intervals. Use 
the Accomplishment Instructions 3.A. of RR MSB RB.211-72-7775, 
Revision 3, dated April 9, 1999.
    (1) Inspect within 500 cycles-since-last inspection (CSLI) if 
you detected no cracks during the last inspection.
    (2) Inspect within 100 CSLI if you detected cracks less than or 
equal to 0.5 inch in length during the last inspection.
    (3) Inspect within 50 CSLI if you detected cracks greater than 
0.5 inch but less than 1.5 inches in length.

Credit for Previous Inspections

    (h) Cases inspected before the effective date of this AD using 
RB.211-72-7775, Revision 2, dated February 27, 1998, or earlier 
issue, meet the requirements of this AD for the initial or 
repetitive inspections specified in paragraphs (f) through (f)(3) 
and (g) through (g)(3) of this AD.

Alternative Methods of Compliance

    (i) The Manager, Engine Certification Office, FAA, has the 
authority to approve alternative methods of compliance for this AD 
if requested using the procedures found in 14 CFR 39.19.

Related Information

    (j) Civil Aviation Authority airworthiness directive 008-07-85, 
dated June 19, 1985, also addresses the subject of this AD.
    (k) Rolls-Royce plc MSB RB.211-72-7775, Revision 3, dated April 
9, 1999, or earlier

[[Page 7004]]

issue, contains information related to the subject of this AD. 
Contact Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, United 
Kingdom; telephone: 44 (0) 1332-242424; fax: 44 (0) 1332-249936, for 
a copy of this service information
    (l) Contact Ian Dargin, Aerospace Engineer, Engine Certification 
Office, FAA, Engine & Propeller Directorate, 12 New England 
Executive Park, Burlington, MA 01803; e-mail: [email protected]; 
telephone (781) 238-7178; fax (781) 238-7199, for more information 
about this AD.

    Issued in Burlington, Massachusetts, on January 23, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
 [FR Doc. E9-3018 Filed 2-11-09; 8:45 am]
BILLING CODE 4910-13-P