40208 Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 / Proposed Rules

rulemaking. Accordingly, no clearance

by the Office of Management and

Budget is required under the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.).

F. Review Under Executive Order 12988

With respect to the review of existing

regulations and the promulgation of

new regulations, section 3(a) of

Executive Order 12988, ‘‘Civil Justice

Reform,’’ 61 FR 4729 (February 7, 1996),

imposes on Executive agencies the

general duty to adhere to the following

requirements: (1) Eliminate drafting

errors and ambiguity; (2) write

regulations to minimize litigation; and

(3) provide a clear legal standard for

affected conduct rather than a general

standard and promote simplification

and burden reduction. Section 3(b) of

Executive Order 12988 specifically

requires that Executive agencies make

every reasonable effort to ensure that the

regulation: (1) clearly specifies the

preemptive effect, if any; (2) clearly

specifies any effect on existing Federal

law or regulation; (3) provides a clear

legal standard for affected conduct

while promoting simplification and

burden reduction; (4) specifies the

retroactive effect, if any; (5) adequately

defines key terms; and (6) addresses

other important issues affecting clarity

and general draftsmanship under any

guidelines issued by the Attorney

General. Section 3(c) of Executive Order

12988 requires Executive agencies to

review regulations in light of applicable

standards in section 3(a) and section

3(b) to determine whether they are met

or it is unreasonable to meet one or

more of them. DOE has completed the

required review and determined that, to

the extent permitted by law, the

proposed rule meets the relevant

standards of Executive Order 12988.

List of Subjects in 10 CFR Part 490

Administrative practice and

procedure, Energy conservation, Fuel,

Motor vehicles.

Issued in Washington, DC, on July 13,

1998.

Dan W. Reicher,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

For the reasons set forth in the

Preamble, Title 10, Chapter II,

Subchapter D, of the Code of Federal

Regulations is proposed to be amended

as set forth below:

PART 490—ALTERNATIVE FUEL

TRANSPORTATION PROGRAM

1. The authority cite for Part 490

continues to read as follows:

Authority: 42 U.S.C. 7191, 13211, 13235,

13251, 13257, 13258, 13260–3.

§ 490.2 [AMENDED]

2. Section 490.2, Definitions, is

amended by adding in the definition of

‘‘Alternative Fuel,’’ the phrase, ‘‘P-series

fuels as described by United States

Patent number 5,697,987, dated

December 16, 1997, and containing at

least 60 percent non-petroleum energy

content derived from

methyltetrahydrofuran (manufactured

solely from biomass feedstock) and

ethanol,’’ before ‘‘and electricity

(including electricity from solar

energy).’’

[FR Doc. 98–20129 Filed 7–27–98; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–ANE–38–AD]

RIN 2120–AA64

Airworthiness Directives; CFM

International (CFMI) CFM56–2, –2A,

–2B, –3, –3B, and –3C Series Turbofan

Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This proposal would require

revisions to the Engine Time Limits

section in the Engine Shop Manual

(ESM) for CFM International (CFMI)

CFM56–2, –2A, –2B, –3, –3B, and –3C

series turbofan engines to include

required enhanced inspection of

selected critical life-limited parts at

each piece-part exposure. This proposal

would also require an air carrier’s

approved continuous airworthiness

maintenance program to incorporate

these inspection procedures. Air carriers

with an approved continuous

airworthiness maintenance program

would be allowed to either maintain the

records showing the current status of

the inspections using the record keeping

system specified in the air carrier’s

maintenance manual, or establish an

acceptable alternate method of record

keeping. This proposal is prompted by

an FAA study of in-service events

involving uncontained failures of

critical rotating engine parts which

indicated the need for improved

inspections. The improved inspections

are needed to identify those critical

rotating parts with conditions, that if

allowed to continue in service, could

result in uncontained failures. The

actions specified by this proposed AD

are intended to prevent critical lifelimited rotating engine part failure,

which could result in an uncontained

engine failure and damage to the

airplane.

DATES: Comments must be received by

October 26, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 98–ANE–

38–AD, 12 New England Executive Park,

Burlington, MA 01803–5299. Comments

may also be sent via the Internet using

the following address: ‘‘9-adengineprop@faa.dot.gov’’. Comments

sent via the Internet must contain the

docket number in the subject line.

Comments may be inspected at this

location between 8:00 a.m. and 4:30

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Glorianne Messemer, Aerospace

Engineer, Engine Certification Office,

FAA, Engine and Propeller Directorate,

12 New England Executive Park,

Burlington, MA 01803–5299; telephone

(781) 238–7132, fax (781) 238–7199.

SUPPLEMENTARY INFORMATION:

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 notice 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 notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 98–ANE–38–AD.’’ The
Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 / Proposed Rules 40209

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

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. 98–ANE–38–AD, 12 New

England Executive Park, Burlington, MA

01803–5299.

Discussion

A recent FAA study analyzing 15

years of accident data for transport

category airplanes identified several

failure mode root causes that can result

in serious safety hazards to transport

category airplanes. This study identified

uncontained failure of critical lifelimited rotating engine parts as the

leading engine-related safety hazard to

airplanes. Uncontained engine failures

have resulted from undetected cracks in

rotating parts that initiated and

propagated to failure. Cracks can

originate from causes such as

unintended excessive stress from the

original design, or they may initiate

from stresses induced from material

flaws, handling damage, or damage from

machining operations. The failure of

rotating parts can present a significant

safety hazard to the airplanes by release

of high energy fragments that could

injure passengers or crew by penetration

of the cabin, damage flight control

surfaces, sever flammable fluid lines, or

otherwise compromise the

airworthiness of the airplane.

Accordingly, the FAA has developed

an intervention strategy to significantly

reduce uncontained engine failures.

This intervention strategy was

developed after consultation with

industry and will be used as a model for

future initiatives. This intervention

strategy is to conduct enhanced,

nondestructive inspections of fan disks

and high pressure turbine rotor (HPTR)

disks which could most likely result in

a safety hazard to the airplane in the

event of a disk fracture. The need for

additional rule making is also being

considered by the FAA. Future ADs may

be issued introducing additional

intervention strategies to further reduce

or eliminate uncontained engine

failures.

Properly focused enhanced

inspections require identification of the

parts whose failure presents the highest

safety hazard to the airplane, identifying

the most critical features to inspect on

these parts, and utilizing inspection

procedures and techniques that improve

crack detection. The FAA, with close

cooperation of the engine

manufacturers, has completed a detailed

analysis that identifies the most safety

significant parts and features, and the

most appropriate inspection methods.

Critical life-limited high energy

rotating parts are currently subject to

some form of recommended crack

inspection when exposed during engine

maintenance or disassembly. As a result

of this AD, the inspections currently

recommended by the manufacturer will

become mandatory for those parts listed

in the compliance section. Furthermore,

the FAA intends that additional

mandatory enhanced inspections

resulting from this AD serve as an

adjunct to the existing inspections. The

FAA has determined that the enhanced

inspections will significantly improve

the probability of crack detection while

the parts are disassembled during

maintenance. All mandatory inspections

must be conducted in accordance with

detailed inspection procedures

prescribed in the manufacturer’s

maintenance manual.

Additionally, this AD allows for air

carriers operating under the provisions

of 14 CFR part 121 with an FAAapproved continuous airworthiness

maintenance program, and entities with

whom those air carriers make

arrangements to perform this

maintenance, to verify performance of

the enhanced inspections by retaining

the maintenance records that include

the inspections resulting from this AD,

provided that the records include the

date and signature of the person

performing the maintenance action.

These records must be retained with the

maintenance records of the part, engine

module, or engine until the task is

repeated. This will establish a method

of record preservation and retrieval

typical to those in existing continuous

airworthiness maintenance programs.

Instructions must be included in an air

carrier’s maintenance manual providing

procedures on how this record

preservation and retrieval system will

be implemented and integrated into the

air carrier’s record keeping system.

For engines or engine modules that

are approved for return to service by an

authorized FAA-certificated entity and

that are acquired by an operator after the

effective date of this AD, the mandatory

enhanced inspections need not be

accomplished until the next piece-part

opportunity. For example, there is no

need for an operator to disassemble to

piece-part level an engine or module

returned to service by an FAAcertificated facility simply because that

engine or module was previously

operated by an entity not required to

comply with this AD. Furthermore, the

FAA intends for operators to perform

the enhanced inspections of these parts

at the next piece-part opportunity

following the initial acquisition,

installation, and removal of the part

following the effective date of this AD.

For piece parts that have not been

approved for return to service prior to

the effective date of this AD, the FAA

does intend that the mandatory

enhanced inspections required by this

AD be performed before such parts are

approved for return to service. Piece

parts that have been approved for return

to service prior to the effective date of

this AD may be installed; however,

enhanced inspection will be required at

the next piece-part opportunity.

This proposal would require, within

the next 30 days after the effective date

of this AD, revisions to the Time Limits

section (chapter 05–11–00) in the

Engine Shop Manual (ESM) for CFM

International (CFMI) CFM56–2, –2A,

–2B, –3, –3B, and –3C series turbofan

engines, and, for air carriers, the

approved continuous airworthiness

maintenance program. CFMI, the

manufacturer of CFM56–2, –2A, –2B,

–3, –3B, and –3C series turbofan

engines, used on 14 CFR part 25

airplanes has provided the FAA with a

detailed proposal that identifies and

prioritizes the critical life-limited

rotating engine parts with the highest

potential to hazard the airplane in the

event of failure, along with instructions

for enhanced, focused inspection

methods. The enhanced inspections

resulting from this AD will be

conducted at piece-part opportunity, as

defined below in the compliance

section, rather than specific time

inspection intervals.

There are approximately 4,705

engines of the affected design in the

worldwide fleet. The FAA estimates that

2,074 engines installed on airplanes of

U.S. registry would be affected by this

proposed AD, that it would take

approximately 30 work hours per engine

for the fan disk inspection and 10 work

hours for the HPTR disk inspection. The

average labor rate is $60 per work hour.

Using average shop visitation rates, 415

fan disks and 1,728 HPTR disks are

expected to be affected per year. The

cost impact of the proposed AD on U.S.

operators is estimated to be $1,784,000

per year.

The regulations proposed herein

would not have substantial direct effects

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. Therefore,

in accordance with Executive Order

12612, it is determined that this

proposal would not have sufficient
40210 Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 / Proposed Rules

federalism implications to warrant the

preparation of a Federalism Assessment.

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:

CFM International: Docket 98–ANE–38–AD.

Applicability: CFM International (CFMI)

CFM56–2, –2A, –2B, –3, –3B, and –3C series

turbofan engines, installed on but not limited

to McDonnell Douglas DC–8 series, Boeing

737 series, as well as Boeing E–3, E–6, and

KC–135 (military) series airplanes.

Note 1: This airworthiness directive (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 this AD; and, if the unsafe

condition has not been eliminated, the

request should include specific proposed

actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent critical life-limited rotating

engine part failure, which could result in an

uncontained engine failure and damage to

the airplane, accomplish the following:

(a) Within the next 30 days after the

effective date of this AD, revise the Time

Limits section (chapter 05–11–00) of Engine

Shop Manual (ESM) CFMI–TP.SM.4, for

CFM56–2 series engines, ESM CFMI–

TP.SM.6, for CFM56–2A/–2B series engines,

and ESM CFMI–TP.SM.5, for CFM56–3/–3B/

–3C series engines, and for air carrier

operations revise the approved continuous

airworthiness maintenance program, by

adding the following:

‘‘MANDATORY INSPECTIONS

(1) Perform inspections of the following

parts at each piece-part opportunity in

accordance with the Inspection/Check

section instructions provided in the

applicable manual sections listed below:

Part nomenclature Part number (P/N)

Inspect

per engine

manual

chapter

Fan Disk Inspection:

Disk Fluorescent

Penetrant, Inspection (FPI)

and Disk Bore

and Dovetail

Eddy Current

Inspection (ECI).

All ............ 72–21–03

HPT Disk Inspection:

Disk FPI and Disk

Bolt Holes ECI.

All ............ 72–52–02

(2) For the purposes of these mandatory

inspections, piece-part opportunity means:

(i) The part is considered completely

disassembled when done in accordance with

the disassembly instructions in the engine

manufacturer’s ESM; and

(ii) The part has accumulated more than

100 cycles in service since the last piece-part

opportunity inspection, provided that the

part was not damaged or related to the cause

for its removal from the engine.’’

(b) Except as provided in paragraph (c) of

this AD, and notwithstanding contrary

provisions in section 43.16 of the Federal

Aviation Regulations (14 CFR 43.16), these

mandatory inspections shall be performed

only in accordance with the Time Limits

section in the ESM.

(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 Engine Certification

Office. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector (PMI), who may add

comments and then send it to the Engine

Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Engine

Certification Office.

(d) Special flight permits may be issued in

accordance with sections 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 accomplished.

(e) The records of the mandatory

inspections required as a result of revising

the Time Limits section in the ESM and the

air carrier’s continuous airworthiness

maintenance program as provided by

paragraph (a) of this AD shall be maintained

by FAA-certificated air carriers which have

an approved continuous airworthiness

maintenance program in accordance with the

record keeping system currently specified in

their manual required by section 121.369 of

the Federal Aviation Regulations (14 CFR

121.369); or, in lieu of the record showing the

current status of each mandatory inspection

required by section 121.380(a)(2)(vi) of the

Federal Aviation Regulations (14 CFR

121.380(a)(2)(vi)), certificated air carriers

may establish an approved alternate system

of record retention that provides a method for

preservation and retrieval of the maintenance

records that include the inspections resulting

from this AD, and include the policy and

procedures for implementing this alternate

method in the air carrier’s maintenance

manual required by section 121.369(c) of the

Federal Aviation Regulations (14 CFR

121.369(c)); however, the alternate system

must be accepted by the appropriate PMI and

require the maintenance records be

maintained either indefinitely or until the

work is repeated.

Note 3: These record keeping requirements

apply only to the records used to document

the mandatory inspections required as a

result of revising Chapter 05–11–00, titled

Time Limits, in the ESM as provided in

paragraph (a) of this AD, and do not alter or

amend the record keeping requirements for

any other AD or regulatory requirement.

Issued in Burlington, Massachusetts, on

July 16, 1998.

Jay J. Pardee,

Manager, Engine and Propeller Directorate,

Aircraft Certification Service.

[FR Doc. 98–19626 Filed 7–27–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–ANE–39–AD]

RIN 2120–AA64

Airworthiness Directives; General

Electric Company GE90 Series

Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This proposal would require

revisions to the Life Limits Section of

the manufacturer’s Instructions for

Continued Airworthiness (ICA) for