50878 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Rules and Regulations 

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 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. 

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 provided in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2010–17–13 Rolls-Royce plc (Formerly 

Rolls-Royce Limited): Amendment 39– 

16405. Docket No. FAA–2010–0521; 

Directorate Identifier 2009–NE–21–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 22, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Rolls-Royce plc (RR) 

model RB211–524C2–19 and RB211–524C2– 

B–19 turbofan engines. These engines are 

installed on, but not limited to, Boeing 747 

series airplanes. 

Reason 

(d) A number of LPT casings have been 

found cracked during engine shop visit. 

Cracking of the LPT casing reduces the 

capability of the casing to contain debris in 

the event of an LPT stage 1 blade failure. 

Therefore, blade failure in an engine with a 

cracked LPT casing may result in release of 

uncontained high-energy debris. 

We are issuing this AD to detect cracks in 

the low-pressure turbine (LPT) casings, 

which could result in the release of 

uncontained high-energy debris in the event 

of a stage 1 blade failure. Uncontained highenergy debris could result in damage to the 

airplane. 

Actions and Compliance 

(e) Unless already done, do the following 

actions: 

Initial Inspection Requirements 

(1) Perform a fluorescent penetrant 

inspection (FPI) before the life of the LPT 

casing has reached 4,500 cycles-since-new 

(CSN) or within 4,500 cycles-since-last 

inspection (CSLI) or within 500 cycles after 

the effective date of this AD, whichever 

occurs later. You can find guidance on 

performing the FPI in RR Alert Service 

Bulletin (ASB) RB.211–72–AG076, dated 

November 13, 2008. 

Repetitive Inspection Requirements 

(2) Thereafter, perform an FPI at intervals 

not exceeding 4,500 CSLI. You can find 

guidance on performing the FPI in RollsRoyce plc ASB RB.211–72–AG076, dated 

November 13, 2008. 

Remove Parts With Cracks 

(3) Remove cracked LPT casings, found 

using paragraphs (e)(1) or (e)(2) of this AD, 

from service before further flight. 

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Engine Certification 

Office, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(g) Refer to MCAI EASA AD 2009–0083, 

dated April 16, 2009, and Rolls-Royce plc 

ASB No. RB.211–72–AG076, dated November 

13, 2008, for related information. Contact 

Rolls-Royce plc, P.O. Box 31, Derby, DE24 

8BJ, United Kingdom; telephone 011 44 1332 

242424; fax 011 44 1332 249936, for a copy 

of this service information. 

(h) Contact Alan Strom, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: alan.strom@faa.gov; telephone 

(781) 238–7143; fax (781) 238–7199, for more 

information about this AD. 

Material Incorporated by Reference 

(i) None. 

Issued in Burlington, Massachusetts, on 

August 6, 2010. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–20353 Filed 8–17–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0433; Directorate 

Identifier 2009–NM–117–AD; Amendment 

39–16388; AD 2010–16–11] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model MD–90–30 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Model MD–90–30 airplanes. This AD 

requires inspecting for corrosion of the 

retract cylinder support fitting for the 

main landing gear (MLG) and the mating 

bore for the support fitting in the MLG 

trunnion fitting, performing corrective 

actions if necessary, and replacing 

cadmium-plated retract cylinder 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Rules and Regulations 50879 

support bushings and bearings. This AD 

results from reports of the retract 

cylinder support fitting for the MLG 

failing during gear extension and 

subsequently damaging the hydraulic 

system. We are issuing this AD to 

prevent corrosion and damage that 

could compromise the integrity of the 

retract cylinder support fitting for the 

MLG, which could adversely affect the 

airplane’s safe landing. 

DATES: This AD is effective September 

22, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of September 22, 2010. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, California 90846–0001; 

telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility 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 address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 

627–5233; fax (562) 627–5210. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Model MD–90–30 airplanes. 

That NPRM was published in the 

Federal Register on April 26, 2010 (75 

FR 21528). That NPRM proposed to 

require inspecting for corrosion of the 

retract cylinder support fitting for the 

main landing gear (MLG) and the mating 

bore for the support fitting in the MLG 

trunnion fitting, performing corrective 

actions if necessary, and replacing 

cadmium-plated retract cylinder 

support bushings and bearings. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

We estimate that this AD affects 16 

airplanes of U.S. registry. The following 

table provides the estimated costs for 

U.S. operators to comply with this AD. 

TABLE—ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per 

product 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection ......................................................................... 1 $85 $0 $85 16 $1,360 

Replacement .................................................................... 8 85 24,580 25,260 16 404,160 

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 

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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance 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 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2010–16–11 McDonnell Douglas 

Corporation: Amendment 39–16388. 

Docket No. FAA–2010–0433; Directorate 

Identifier 2009–NM–117–AD. 


erowe on DSK5CLS3C1PROD with RULES
50880 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Rules and Regulations 

Effective Date 

(a) This airworthiness directive (AD) is 

effective September 22, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Corporation Model MD–90–30 airplanes, 

certificated in any category, as identified in 

Boeing Service Bulletin MD90–57–016, 

Revision 2, dated April 28, 2006. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Unsafe Condition 

(e) This AD results from reports of the 

retract cylinder support fitting for the main 

landing gear (MLG) failing during gear 

extension, and subsequently damaging the 

hydraulic system. The Federal Aviation 

Administration is issuing this AD to prevent 

corrosion and damage that could compromise 

the integrity of the retract cylinder support 

fitting for the MLG, which could adversely 

affect the airplane’s safe landing. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspection and Corrective Actions 

(g) Before the accumulation of 30,000 total 

flight hours, or within 15,000 flight hours 

after the effective date of this AD, whichever 

occurs later, do a general visual inspection of 

the retract cylinder support fitting for the 

MLG and the mating bore in the MLG 

trunnion fitting for corrosion, install 

bushings and bearings without cadmium 

plating in the bore, and do all applicable 

corrective actions, in accordance with 

Configuration 1 of the Accomplishment 

Instructions of Boeing Service Bulletin 

MD90–57–016, Revision 2, dated April 28, 

2006. Do all applicable corrective actions 

before further flight. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’ 

(h) Doing a general visual inspection, 

installing bushings and bearings, and doing 

all applicable corrective actions is also 

acceptable for compliance with the 

requirements of paragraph (g) of this AD if 

done before the effective date of this AD in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 

MD90–57–016, Revision 1, dated October 26, 

2005. 

(i) Doing a general visual inspection, 

installing bushings and bearings, and doing 

all applicable corrective actions is also 

acceptable for compliance with the 

requirements of paragraph (g) of this AD if 

done before the effective date of this AD in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 

MD90–57–016, dated September 18, 2002, 

provided that before the accumulation of 

30,000 total flight hours, or within 15,000 

flight hours after the effective date of this AD, 

whichever occurs later, electroless nickel 

fittings are installed, and bushings and 

bearings without cadmium plating in the 

bore are installed in accordance with the 

Accomplishment Instructions of any of the 

service bulletins listed in Table 1 of this AD. 

TABLE 1—SERVICE INFORMATION

Document Revision Date Incorporated by 

reference 

Boeing Service Bulletin MD90–57–016 ....................................................................... 1 October 26, 2005 .... No. 

Boeing Service Bulletin MD90–57–016 ....................................................................... 2 April 28, 2006 .......... Yes. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: Roger 

Durbin, Aerospace Engineer, Airframe 

Branch, ANM–120L, FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712– 

4137; telephone (562) 627–5233; fax (562) 

627–5210. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) who has 

been authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(k) You must use Boeing Service Bulletin 

MD90–57–016, Revision 2, dated April 28, 

2006, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood Boulevard, MC 

D800–0019, Long Beach, California 90846– 

0001; telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet https:// 

www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ibr_locations

.html. 

Issued in Renton, Washington, on July 28, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–19328 Filed 8–17–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[Docket ID: DoD–2009–HA–0098] 

RIN 0720–AB36 

TRICARE: Non-Physician Referrals for 

Physical Therapy, Occupational 

Therapy, and Speech Therapy 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: The Department of Defense is 

publishing this final rule to provide 


erowe on DSK5CLS3C1PROD with RULES