### 11479 Federal Register / Vol. 68, No. 47 / Tuesday, March 11, 2003 / Proposed Rules

provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes and 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 undetected fires originating within the high speed gearbox (HSGB) from breaching the HSGB case, which could result in engine damage and increased difficulty in extinguishing a fire, and to prevent undetected low pressure (LP) compressor shaft location bearing failure, which could result in LP compressor and turbine shaft assembly failure, turbine overspeed, and possible uncontained engine failure, do the following: Requirements for All Applicable Airplanes and Engines

(a) Incorporate the following service bulletins concurrently or before accomplishing the requirements of RR Mandatory Service Bulletin (MSB) RB.211

– 72

– C963, dated December 4, 2001, or RR MSB RB.211

– 72

– C863, dated February 15, 2002, whichever is applicable, as specified in paragraphs (b) through (d) of this AD:

(1) Install a new design engine front bearing housing assembly in accordance with RR SB RB.211

– 72

– 6149, Revision 9, dated November 24, 1999.

(2) Modify airplane instrument panels and consoles, necessary for compatibility with the installation of the engine turbine air temperature monitoring system, in accordance with Lockheed Martin SB 093

– 77

– 059, Revision 2, dated April 11, 2002.

(3) Install a revised gearbox breather assembly in accordance with RR SB RB.211

– 72

– C178, Revision 1, dated March 9, 2001.

(4) Install overheat detectors in the gearbox breather duct assembly, in accordance with RR SB RB.211

– 77

– C144, Revision 1, dated February 13, 2002.

(5) Modify airplane instrument panels and consoles and install engine failure indicators and LP compressor shaft extreme axial movement detector indicators, in accordance with Lockheed Martin SB 093

– 77

– 060, dated April 11, 2002.

RB211

– 524B

– 02 and RB211

– 524B

–B

– 02 Engines

(b) Within three months after the effective date of this AD, for RB211

– 524B

– 02 and RB211

– 524B

–B

– 02 engines, do the following:

(1) Install an LP compressor shaft extreme axial movement detector system in accordance with RR Mandatory Service Bulletin (MSB) RB.211

– 72

– C963, dated December 4, 2001.

(2) Replace existing speed probe loom electrical support assembly, located on the engine front bearing housing assembly, with speed probe loom electrical support assembly P/N FW15212, in accordance with 3.A. Accomplishment Instructions of RR MSB RB.211

– 71

–E047, dated August 2, 2002.

RB211

– 22B

– 02 Engines

(c) Within three years after the effective date of this AD, for RB211

– 22B

– 02 engines, install an LP compressor shaft extreme axial movement detector system in accordance with RR MSB RB.211

– 72

– C863, dated February 15, 2002.

RB211

– 524B3

– 02, RB211

– 524B4

– 02, and RB211

– 524B4

–D

– 02 Engines

(d) Within four years after the effective date of this AD, for RB211

– 524B3

– 02, RB211

– 524B4

– 02, and RB211

– 524B4

–D

– 02 engines, install an LP compressor shaft extreme axial movement detector system in accordance with RR MSB RB.211

– 72

– C963, dated December 4, 2001. 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) for engines or Manager, Atlanta Aircraft Certification Office (ACO) for airplanes. Operators must submit their request through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, ECO, or Manager, ACO.

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

(f) 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.

Note 3: The subject of this AD is addressed in CAA airworthiness directive AD 006

– 12

– 2001, AD 003

– 08

– 2002, and AD 006

– 02

– 2002.

Issued in Burlington, Massachusetts, on March 4, 2003. Jay J. Pardee, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 03

– 5582 Filed 3

– 10

– 03; 8:45 am]

BILLING CODE 4910

– 13

– P DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003

– NE

–03

–AD]

RIN 2120

–AA64
Airworthiness Directives; Rolls-Royce plc RB211 Trent 800 Series Turbofan Engines

AGENCY : Federal Aviation Administration, DOT.

ACTION : Notice of proposed rulemaking (NPRM).

SUMMARY : The Federal Aviation Administration (FAA) proposes to adopt a new airworthiness directive (AD) that is applicable to Rolls-Royce plc (RR) RB211 Trent 875, Trent 877, Trent 884, Trent 892, Trent 892B, and Trent 895 turbofan engines with high pressure (HP) compressor rotor rear stage 5 and 6 discs and cone shafts, part numbers (P/Ns) FK25230 and FK27899 installed. This proposal would require removal from service of these HP compressor rotor rear stage 5 and 6 discs and cone shafts, before reaching newly reduced life limits. This proposal is prompted by three reports of crack indications in the stage 5 and stage 6 blade loading slots, found during engine overhaul. The actions specified by the proposed AD are intended to prevent crack initiation and propagation leading to uncontained disc failure and damage to the airplane.

DATES : Comments must be received by 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. 2003

–NE

– 03

–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’’ . Comments sent via the Internet must contain the docket number in the subject line.

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 :


### 11480 Federal Register / Vol. 68, No. 47 / Tuesday, March 11, 2003 / Proposed Rules

Comments Invited

Interested persons are invited to participate in the making of the proposed 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 above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this action may be changed in light of the comments received.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with the substance of this proposal 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 2003

–NE

– 03

–AD. ’’ The postcard will be date stamped and returned to the commenter. Availability of NPRM ’ s

Any person may obtain a copy of this NPRM by submitting a request to the FAA, New England Region, Office of the Regional Counsel, Attention: Rules Docket No. 2003

–NE

– 03

–AD, 12 New England Executive Park, Burlington, MA 01803

– 5299.
Discussion

The Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom (U.K.), recently notified the FAA that an unsafe condition may exist on RR RB211 Trent 875, Trent 877, Trent 884, Trent 892, Trent 892B, and Trent 895 turbofan engines. The CAA advises that three HP compressor rotor rear stage 5 and 6 discs and cone shafts, P/Ns FK25230 and FK27899, were found with crack indications in the stage 5 and 6 blade loading slots, during overhaul inspection. The manufacturer ’ s analysis has not yet been able to identify the root cause of these cracks, or to fully explain the crack propagation rate. As a result of the analysis thus far, a new lower life limit of 7,500 cycles-since-new (CSN) has been assigned by the manufacturer to these HP compressor rotor rear stage 5 and 6 discs and cone shafts. This condition, if not corrected, could result in stage 5 and 6 disc crack initiation and propagation leading to uncontained disc failure and damage to the airplane. Bilateral Agreement Information

These engine models are manufactured in the U.K. 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 CAA has kept the FAA informed of the situation described above. The FAA has examined the findings of the CAA, 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. Proposed Requirements of This AD

Since an unsafe condition has been identified that is likely to exist or develop on other RR RB211 Trent 875, Trent 877, Trent 884, Trent 892, Trent 892B, and Trent 895 turbofan engines of the same type design that are used on airplanes registered in the United States, the proposed AD would require replacing HP compressor rotor rear stage 5 and 6 discs and cone shafts, P/Ns FK25230 and FK27899, at or before reaching the new reduced life cycle limit of 7,500 CSN.
Interim Action

These proposed actions are considered interim action and the FAA may take additional actions in the future. Economic Analysis

There are approximately 350 engines of the affected design in the worldwide fleet. The FAA estimates that 90 engines installed on airplanes of U.S. registry would be affected by this proposed AD. The FAA also estimates that the prorated cost of the life reduction per engine would be approximately $112,195. Based on these figures, the total cost of the proposed AD is estimated to be $10,097,550. Regulatory Analysis

This proposed 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 proposed rule.

For the reasons discussed above, I certify that this proposed regulation (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 copy of the draft regulatory evaluation prepared for this action 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. The Proposed Amendment

Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 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: Rolls-Royce plc: Docket No. 2003

–NE

– 03

– AD. Applicability: This airworthiness directive (AD) is applicable to Rolls-Royce plc (RR) RB211 Trent 875, Trent 877, Trent 884, Trent 892, Trent 892B, and Trent 895 turbofan engines with high pressure (HP) compressor rotor rear stage 5 and 6 discs and cone shafts, part numbers (P/Ns) FK25230 and FK27899 installed. These engines are installed on, but not limited to Boeing 777 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 (c) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by


### 11481 Federal Register / Vol. 68, No. 47 / Tuesday, March 11, 2003 / Proposed Rules

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 stage 5 and 6 disc crack initiation and propagation leading to uncontained disc failure and damage to the airplane, do the following:

(a) Remove HP compressor rotor rear stage 5 and 6 discs and cone shafts, from serviceat or before accumulating 7,500 cycles-sincenew (CSN).

(b) After the effective date of this AD, do not install any HP compressor rotor rear stage 5 and 6 discs and cone shaft, listed in this AD, that exceed 7,500 CSN. 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, 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

(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.

Note 3: The subject of this AD is addressed in CAA airworthiness directive 002

– 08

– 2002, dated November 22, 2002.

Issued in Burlington, Massachusetts, on March 5, 2003. Jay J. Pardee, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 03

– 5691 Filed 3

– 10

– 03; 8:45 am]

BILLING CODE 4910

– 13

– P

DEPARTMENT OF JUSTICE

28 CFR Part 28
[OAG 105; A.G. Order No. 2664

–2003]

RIN 1105

–AA78 DNA Sampling of Federal Offenders Under the USA PATRIOT ACT of 2001

AGENCY : Department of Justice.
ACTION : Proposed rule with request for comments.

SUMMARY : The Department of Justice is publishing this proposed rule to implement section 503 of Public Law 107

– 56, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001. This rule amends the list of federal offenses that will be treated as qualifying offenses for purposes of collecting DNA samples from federal offenders.
DATES : Written comments must be submitted on or before April 10, 2003.
ADDRESSES : Send comments to David J. Karp, Senior Counsel, Office of Legal Policy, Room 7232, Main Justice Building, 950 Pennsylvania Avenue NW., Washington, DC 20530.
FOR FURTHER INFORMATION CONTACT : David J. Karp, Senior Counsel, Office of Legal Policy. Telephone: (202) 514

– 3273.

SUPPLEMENTARY INFORMATION : On June 28, 2001, the Department of Justice published an interim rule to implement section 3 and related provisions of Public Law 106

– 546, the DNA Analysis Backlog Elimination Act of 2000. 66 FR 34363 (June 28, 2001). That rule, in part, specified the federal offenses that are treated as ‘‘ qualifying Federal offenses ’’ for purposes of collecting DNA samples from federal offenders. Individuals convicted of one of the specified qualifying federal offenses must have samples of their DNA collected and the resulting information entered into the Combined DNA Index System which the Federal Bureau of Investigation has established pursuant to 42 U.S.C. 14132.

Subsequent to the publication of that interim rule, Congress enacted Public Law 107

– 56, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001. Section 503 of the USA PATRIOT ACT provided that three additional categories of offenses shall be treated for purposes of DNA sample collection as qualifying federal offenses, as determined by the Attorney General: (1) Any offense listed in section 2332b(g)(5)(B) of title 18, United States Code; (2) any crime of violence (as defined in section 16 of title 18, United States Code); and (3) any attempt or conspiracy to commit any of the above offenses. See 42 U.S.C. 14135a(d)(2). The purpose of this proposed rule is to revise a section of the existing regulations, 28 CFR 28.2, to reflect the addition of these three new categories.

The offenses listed in the proposed revision of § 28.2 are generally grouped by title of the United States Code for convenience in readability and application. The derivation of the listing is as follows:
Offenses in the Current Rule

Section 3(d)(1) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)(1)) identifies the qualifying offenses that are reflected in the current § 28.2. These offenses are all carried forward in the proposed revision of § 28.2. In some instances, however, the offenses in the current rule will be subsumed in broader references in the revised listing that reflect the new categories added by section 503 of the USA PATRIOT ACT. See 42 U.S.C. 14135a(d)(2). In particular, under the current listing, only voluntary manslaughter under 18 U.S.C. 1112 is covered. See 42 U.S.C. 14135a(d)(1)(A); 28 CFR 28.2(b). In accordance with section 503 of the USA PATRIOT ACT, however, the expanded offense categories now include crimes of violence as defined in 18 U.S.C. 16. See 42 U.S.C. 14135a(d)(2)(B). The revised listing includes 18 U.S.C. 1112 without qualification, reflecting the Attorney General ’ s determination that involuntary manslaughter constitutes such an offense.

Likewise, the current listing includes a more limited set of offenses under 18 U.S.C. 1153, an Indian country jurisdictional provision. See 42 U.S.C. 14135a(d)(1)(F); 28 CFR 28.2(d). Specifically, of the offenses identified in 18 U.S.C. 1153, the current listing does not include ‘‘ assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury (as defined in section 1365 of this title), an assault against an individual who has not attained the age of 16 years, ’’ or ‘‘ a felony under section 661 of this title. ’’ 18 U.S.C. 1153. However, the previously excluded assaultive crimes are crimes of violence as defined in 18 U.S.C. 16. The revised listing encompasses a broader range of offenses under 18 U.S.C. 1153, excluding only felonies under section 661 of title 18, which defines nonviolent larceny offenses.
Offenses Listed in 18 U.S.C. 2332b(g)(5)(B)

Section 503 of the USA PATRIOT ACT added offenses listed in 18 U.S.C. 2332b(g)(5)(B)

— a statutory list of crimes that are often committed by terrorists

— as qualifying offenses for purposes of DNA sample collection. The proposed revision of 28 CFR 28.2 incorporates all of these offenses.

In some instances, offenses listed explicitly in 18 U.S.C. 2332b(g)(5)(B) are subsumed in broader references in the proposed revision to 28 CFR 28.2. For example, 18 U.S.C. 2332b(g)(5)(B) includes offenses under section

‘‘ 844(f)(2) or (3) ’’ of title 18. Since the offense defined by section 844(f)(1) of title 18 is a crime of violence

— and hence includable on the basis of 42