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

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

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

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 service 

at 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