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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2012-0288; Directorate Identifier 2012-NE-10-AD; Amendment 39-16998; AD 2012-06-17]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule; request for comments.

# SUMMARY:

                        We are adopting a new airworthiness directive (AD) for certain                               ( print page 16918)                            Rolls-Royce Deutschland (RRD) Models Tay 611-8 and Tay 611-8C turbofan engines. This AD requires replacement of the high-pressure (HP) turbine spanner retaining nut. This AD was prompted by the discovery that certain HP turbine spanner retaining nuts were improperly heat treated after application of silver plating. We are issuing this AD to prevent failure of the HP turbine stage 2 disc, uncontained engine failure, and damage to the airplane.                    

# DATES:

This AD becomes effective March 23, 2012.

We must receive comments on this AD by May 7, 2012.

# ADDRESSES:

You may send comments by any of the following methods:
      -  Federal eRulemaking Portal:                          Go to                          http://www.regulations.gov                          and follow the instructions for sending your comments electronically.                    
      -  Mail:                          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.                    

For service information identified in this AD, contact Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827 Blankenfelde-Mahlow, Germany; phone: 49 0 33-7086-1883; fax: 49 0 33-7086-3276. You may review copies of the referenced service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7125.

## 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 AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (phone: 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.                

# FOR FURTHER INFORMATION CONTACT:

                        Mark Riley, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; email:                         *mark.riley@faa.gov;*                         phone: 781-238-7758; fax: 781-238-7199.                    

# SUPPLEMENTARY INFORMATION:

## Discussion

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Emergency Airworthiness Directive 2012-0039-E, dated March 9, 2012, and EASA AD 2012-0039R1, dated March 14, 2012 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

A recent quality investigation by Rolls-Royce Deutschland has identified that certain stage 2 high-pressure turbine (HPT) disc spanner retaining nuts did not receive the proper heat treatment after application of silver plating. This condition, if not corrected, could result in a stage 2 HPT disc failure, possibly leading to release of high energy debris, resulting in damage to the aeroplane and/or injury to occupants.

We are issuing this AD to prevent failure of the HP turbine stage 2 disc, uncontained engine failure, and damage to the airplane.

You may obtain further information by examining the MCAI in the AD docket.

## Relevant Service Information

RRD has issued Alert Service Bulletin No. TAY-72-A1769, dated March 9, 2012. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.

## FAA's Determination and Requirements of This AD

This product has been approved by EASA and is approved for operation in the United States. Pursuant to our bilateral agreement with EASA, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. This AD requires replacement of the HP turbine spanner retaining nut on certain serial number engines, within 20 flight cycles after the effective date of the AD or within 200 flight cycles since the last engine shop visit, whichever occurs first.

## FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because of the short compliance time required to remove the unsafe condition. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

## Comments Invited

                    This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the                     **ADDRESSES**                     section. Include “Docket No. FAA-2012-0288; Directorate Identifier 2012-NE-10-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because 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 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).                

## 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                           ( print page 16919)                        products identified in this rulemaking action.                

## Regulatory Findings

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will 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 this 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. 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.

We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

# List of Subjects in 14 CFR Part 39

      - Air transportation
      - Aircraft
      - Aviation safety
      - Incorporation by reference
      - Safety

## Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 

**2012-06-17 Rolls-Royce Deutschland Ltd & Co KG (Formerly Rolls-Royce plc, Derby, England):**                             Amendment 39-16998; Docket No. FAA-2012-0288; Directorate Identifier 2012-NE-10-AD.                        

## (a) Effective Date

This AD becomes effective March 23, 2012.

## (b) Affected ADs

None.

## (c) Applicability

This AD applies to the following Rolls-Royce Deutschland Ltd & Co KG (RRD) turbofan engines:

(1) TAY 611-8 engines, serial numbers (S/Ns) 16870, 16879, 16880, 16897, 18046, 18051, 18052, 18053, 18058, 18065, 18066, 18169, and 18194.

(2) TAY 611-8C engine S/N 85313.

## (d) Reason

This AD was prompted by the discovery that certain high-pressure (HP) turbine spanner retaining nuts were improperly heat treated after application of silver plating. We are issuing this AD to prevent failure of the HP turbine stage 2 disc, uncontained engine failure, and damage to the airplane.

## (e) Actions and Compliance

Unless already done, do the following actions.

(1) Within 20 flight cycles after the effective date of the AD or within 200 flight cycles since the last engine shop visit, whichever occurs first, remove the HP turbine spanner retaining nut from the combustion and HP turbine module, and install a new HP turbine spanner retaining nut.

(2) Do not reinstall HP turbine spanner retaining nuts removed as specified in paragraph (e)(1) of this AD, into any engine.

## (f) Alternative Methods of Compliance (AMOCs)

The Manager, Engine Certification Office, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request.

## (g) Related Information

                            (1) For more information about this AD, contact Mark Riley, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; email:                             *mark.riley@faa.gov;*                             phone: 781-238-7758; fax: 781-238-7199.                        

(2) Refer to MCAI European Aviation Safety Agency Emergency AD 2012-0039-E, dated March 9, 2012; AD 2012-0039R1, dated March 14, 2012; and RRD Alert Service Bulletin No. TAY-72-A1769, dated March 9, 2012, for related information.

(3) For service information identified in this AD, contact Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827 Blankenfelde-Mahlow, Germany; phone: 49 0 33-7086-1883; fax: 49 0 33-7086-3276. You may review copies of the referenced service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.

Issued in Burlington, Massachusetts, on March 19, 2012.

Peter A. White,

Manager, Engine & Propeller Directorate, Aircraft Certification Service.

[FR Doc. 2012-6995 Filed 3-22-12; 8:45 am]

BILLING CODE 4910-13-P