Federal Register / Vol. 67, No. 20 / Wednesday, January 30, 2002 / Rules and Regulations 4351

Credit for Previous Inspections

(d) Inspections performed before the

effective date of this AD using the following

SB’s may be counted toward satisfying the

initial and repetitive inspection requirements

of paragraph (a) of this AD:

(1) Inspections completed using GE ASB

No. GE90 72–A0357, Revision 2, dated April

21, 1998; or Revision 3, dated October 27,

1999.

(2) Inspections completed during shop

visits using GE SB No. GE90 S/B 72–0352,

Revision 2, dated March 31, 1998; or

Revision 3, dated July 12, 1999.

Definitions

(e) For the purpose of this AD, an engine

shop visit is defined as any time an engine

has maintenance performed that involves

separation of a major engine flange (such as

removal of a low pressure turbine module or

HPC ‘‘top case’’). However, the replacement

of the stage 3 and 4 variable stator vane

bushings and sealing flanges using GE SB No.

GE90 S/B 72–0537, dated June 22, 2001 is not

considered a shop visit.

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 §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the aircraft to a

location where the requirements of this AD

can be done.

Documents That Have Been Incorporated By

Reference

(h) The inspection must be done in

accordance with the following General

Electric Company GE90 Service Bulletin (SB)

and Alert Service Bulletin (ASB):

Document No. Pages Revision Date

SB GE90 S/B 72–0352 ................................................................................... All ................................... 4 July 31, 2000.

Total pages: 33

ASB GE90 72–A0357 ..................................................................................... All ................................... 4 July 31, 2000.

Total pages: 30

These incorporations by reference were

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 General Electric Technical Services,

Attention: Leader for distribution/microfilm,

10525 Chester Road, Cincinnati, OH 45215;

telephone (513) 672–8400 Ext. 130, fax (513)

672–8422. Copies may be inspected, 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.

Effective Date

(i) This amendment becomes effective on

February 14, 2002.

Issued in Burlington, Massachusetts, on

January 18, 2002.

Thomas A. Boudreau,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 02–1984 Filed 1–29–02; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NE–50–AD; Amendment

39–12623; AD 2002–01–28]

RIN 2120–AA64

Airworthiness Directives; Dowty

Aerospace Propellers Type R334/4–82–

F/13 Propeller Assemblies

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to Dowty Aerospace

Propellers Type R334/4–82–F/13 with

propeller hub assemblies, part number

(P/N) 660709201. This action requires a

one-time ultrasonic inspection of the

propeller hub for cracks. This

amendment is prompted by a report of

an in-flight loss of a propeller. The

actions specified in this AD are

intended to prevent propeller hub

failure due to cracks in the hub, which

could result in loss of control of the

airplane.

DATES: Effective February 14, 2002. The

incorporation by reference of certain

publications listed in the rule is

approved by the Director of the Federal

Register as of February 14, 2002.

Comments for inclusion in the Rules

Docket must be received on or before

April 1, 2002.

ADDRESSES: Submit comments to the

Federal Aviation Administration (FAA),

New England Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 2001–NE–50–AD, 12 New

England Executive Park, Burlington, MA

01803–5299. Comments may be

inspected at this location, by

appointment, between 8 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: ‘‘9-aneadcomment@faa.gov’’.

The service information referenced in

this AD may be obtained from Dowty

Propellers, Anson Business Park,

Cheltenham Road East, Gloucester GL2

9QN, UK; telephone 44 (0) 1452 716000;

fax 44 (0) 1452 716001. 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:

Frank Walsh, Aerospace Engineer,

Boston Aircraft Certification Office,

FAA, Engine and Propeller Directorate,

12 New England Executive Park,

Burlington, MA 01803–5299; telephone

(781) 238–7158; fax (781) 238–7199.

SUPPLEMENTARY INFORMATION: The Civil

Aviation Authority (CAA), which is the

airworthiness authority for the United

Kingdom (UK), recently notified the

FAA that an unsafe condition may exist

on Dowty Aerospace Propellers Type

R334/4–82–F/13 with propeller hub

assemblies, P/N 660709201. On

September 23, 2001, a complete R334/

4–82–F/13 propeller separated from the

engine flange on a Construcciones

Aeronauticas, S.A. (CASA) 212 airplane.

Laboratory analysis of the retained

portion of the hub indicated that fatigue

cracks had emanated from multiple

origins in five of the eight insert bolt

hole locations of the rear half of the hub

wall. These fatigue cracks propagated

outward in a radial direction relative to

the axis of the threaded insert. The

fatigue cracks then intersected the

spigot diameter and the center bore hole

of the hub. The remainder of the hub

fracture resulted from fatigue cracks

4352 Federal Register / Vol. 67, No. 20 / Wednesday, January 30, 2002 / Rules and Regulations

propagating circumferential to hub

failure and release. The CAA also

advised the FAA that the CAA received

a report of a similar incident on another

CASA airplane. The incident date was

not provided, but the CAA indicated

that it was within the past 1 1⁄2 to 2 year

period.

Manufacturer’s Service Information

Dowty Aerospace Propellers has

issued Service Bulletin (SB) No. 61–

1119, Revision 2, dated December 6,

2001, that specifies procedures for

ultrasonic inspection of the rear wall of

the rear half of the propeller hub for

cracks. The CAA classified this service

bulletin as mandatory and issued CAA

UK AD No. 003–11–2001, dated

November 30, 2001, in order to assure

the airworthiness of these Dowty

Aerospace Propellers in the UK.

Differences Between This AD and the

Manufacturer’s Service Information

Although Appendix A of Dowty

Aerospace Propellers SB No. 61–1119,

Revision 2, dated December 6, 2001,

requires reporting the inspection data to

Dowty Aerospace Propellers, this AD

requires that the data be reported to the

Boston Aircraft Certification Office of

the FAA.

Bilateral Airworthiness Agreement

This propeller model is manufactured

in the UK and is 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 CAA has kept the FAA informed of

the situation described above. The FAA

has examined the findings of the CAA,

has reviewed all available information,

and has 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 Dowty Aerospace

Propellers Type R334/4–82–F/13 with

propeller hub assemblies, P/N

660709201, this AD is being issued to

prevent propeller hub failure due to

cracks in the hub, which could result in

loss of control of the airplane. This AD

requires a one-time ultrasonic

inspection of the rear wall of the rear

half of the propeller hub for cracks. The

actions must be done in accordance

with the service bulletin described

previously.

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.

Comments sent via the Internet must

contain the docket number in the

subject line. 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 2001–NE–50–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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

2002–01–28 Dowty Aerospace Propellers:

Amendment 39–12623. Docket No.

2001–NE–50–AD.

Applicability

This airworthiness directive (AD) is

applicable to Dowty Aerospace Propellers,

Type R334/4–82–F/13, with propeller hub

assemblies, part number (P/N) 660709201.

These propeller hub assemblies are installed

on, but not limited to, Construcciones

Aeronauticas, S.A. (CASA) 212 airplanes.

Note 1: This AD applies to each propeller

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

propellers 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 (d) of this AD.

The request should include an assessment of

Federal Register / Vol. 67, No. 20 / Wednesday, January 30, 2002 / Rules and Regulations 4353

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 propeller hub failure due to

cracks in the hub, which could result in loss

of control of the airplane, do the following:

Hub Inspection

(a) Within 50 flight hours time-in-service

(TIS) after the effective date of this AD, or

within 60 days after the effective date of this

AD, whichever occurs earlier, perform an

ultrasonic inspection of the rear wall of the

rear half of the propeller hub for cracks in

accordance with Appendix A of Dowty

Aerospace Propellers Service Bulletin (SB)

No. 61–1119, Revision 2, dated December 6,

2001.

Inspection Reporting Requirements

(b) Record the initial inspection data on a

copy of Appendix B, of Dowty Aerospace

Propellers SB No. 61–1119, Revision 2, dated

December 6, 2001, and report the findings to

the Manager, Boston Aircraft Certification

Office (ACO), FAA, Engine and Propeller

Directorate, 12 New England Executive Park,

Burlington, MA 01803–5299 within 10 days

after the inspection. Reporting requirements

have been approved by the Office of

Management and Budget (OMB) and assigned

OMB control number 2120–0056.

Alternative Methods of Compliance

(c) 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, Boston

ACO. Operators must submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Boston ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Boston

ACO.

Special Flight Permits

(d) Special flight permits may be issued in

accordance with §§ 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

(e) The inspection must be done in

accordance with the following Dowty

Aerospace Propellers service bulletin (SB):

Document No. Pages Revision Date

SB No. 61–1119 ......................................................................... 1–2 ................................. 2 ..................................... December 6, 2001

Appendix A ................................................................................. 1 ..................................... 1 ..................................... November 27, 2001.

2 ..................................... Original ........................... November 1, 2001.

3–6 ................................. 1 ..................................... November 27, 2001.

Appendix B ................................................................................. All ................................... Original ........................... November 1, 2001.

Appendix C ................................................................................. All ................................... Original ........................... November 27, 2001.

Appendix D ................................................................................. All ................................... Original ........................... December 6, 2001.

Total pages: 29

This incorporation by reference 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 Dowty Propellers, Anson Business Park,

Cheltenham Road East, Gloucester GL2 9QN,

UK; telephone 44 (0) 1452 716000; fax 44 (0)

1452 716001. 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.

Note 3: The subject of this AD is addressed

in Civil Aviation Authority airworthiness

directive AD 003–11–2001 dated November

30, 2001.

(f) This amendment becomes effective on

February 14, 2002.

Issued in Burlington, Massachusetts, on

January 18, 2002.

Thomas A. Boudreau,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 02–1983 Filed 1–29–02; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720–AA61

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

Enhancement of Dental Benefits Under

the TRICARE Retiree Dental Program

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

SUMMARY: This final rule implements

section 704 of the National Defense

Authorization Act for Fiscal Year 2000,

to allow additional benefits under the

retiree dental insurance plan for

Uniformed Services retirees and their

family members that may be comparable

to those under the Dependents Dental

Program.

EFFECTIVE DATE: This final rule is

effective October 1, 2000.

ADDRESSES: TRICARE Management

Activity (TMA), Special Contracts and

Operations Office, 16401 East

Centretech Parkway, Aurora, CO 80011–

9043.

FOR FURTHER INFORMATION CONTACT:

Linda Winter, Special Contracts and

Operations Office, TMA, (303) 676–

3682.

SUPPLEMENTARY INFORMATION:

I. Background

A. Congressional Action

The TRICARE Retiree Dental Program

(TRDP), a voluntary dental insurance

plan completely funded by enrollees’

premiums, was implemented in 1998 to

provide benefits for basic dental care

and treatment based on the authority of

10 U.S.C. 1076c. Under the enabling

legislation, the benefits that could be

provided were limited to ‘‘basic dental

care and treatment, involving diagnostic

services, preventative services, basic

restorative services (including

endodontics), surgical services, and

emergency services.’’ Accordingly, the

implementing regulation, 32 CFR

199.22, limited coverage to the most

common dental procedures necessary

for maintenance of good dental health

and did not include coverage of major

restorative services, prosthodontics,

orthodontics or other procedures

considered to be outside of the ‘‘basic

dental care and treatment’’ range.

In section 704 of the National Defense

Authorization Act for Fiscal Year 2000,

Pub. L. 106–065, Congress responded to

concerns that the enabling legislation

was too restrictive in the range of

benefits authorized by amending 10

U.S.C. 1076c to allow the Secretary of

Defense to offer additional coverage.