18662 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Proposed Rules 

(excluding Saturday, Sundays, and 

holidays) after the date of receipt of the 

request, as described in paragraph (g) of 

this section, except as stated in 

paragraph (f)(3) of this section. 

* * * * * 

(3) * * * 

(iv) Tolling of time limits. (A) The 

OCC may toll the 20-day time period to: 

(1) Make one request for additional 

information from the requester; or 

(2) Clarify the applicability or amount 

of any fees, if necessary, with the 

requester. 

(B) The tolling period ends upon the 

OCC’s receipt of information from the 

requester or resolution of the fee issue. 

* * * * * 

4. Amend § 4.17 by: 

a. Revising the section heading, and 

paragraph (a)(8); 

b. Adding paragraph (b)(6); and 

c. Removing, in the parenthetical in 

paragraph (d), the phrase ‘‘10 business 

days’’, and by adding in lieu thereof the 

phrase ‘‘20 business days’’. 

The revisions and addition are set 

forth below. 

§ 4.17 FOIA request fees. 

(a) * * * 

(8) Requester who is a representative 

of the news media means any person 

who, or entity that, gathers information 

of potential interest to a segment of the 

public, uses editorial skills to turn the 

raw materials into a distinct work, and 

distributes that work to an audience. A 

freelance journalist shall be regarded as 

working for a news media entity if the 

person can demonstrate a solid basis for 

expecting publication through that 

entity, whether or not the journalist is 

actually employed by that entity. A 

publication contract is one example of 

a basis for expecting publication that 

ordinarily would satisfy this standard. 

The OCC also may consider the past 

publication record of the requester in 

determining whether she or he qualifies 

as a ‘‘representative of the news media.’’ 

* * * * * 

(b) * * * 

(6) No fee if the time limit passes and 

the requester has not received a 

response. The OCC will not assess 

search and/or duplication fees, as 

applicable, if it fails to respond to a 

requester’s FOIA request within the 

time limits specified under 12 CFR 4.15, 

and no ‘‘unusual’’ circumstances (as 

defined in 5 U.S.C. 552(a)(6)(B) and 

§ 4.15(f)(3)(i)) or ‘‘exceptional’’ 

circumstances (as defined in 5 U.S.C. 

552(a)(6)(C)) apply to the processing of 

the request 

* * * * * 

5. Add § 4.18 to read as follows: 

§ 4.18 How to track a FOIA request. 

(a) Tracking number. The OCC will 

issue a tracking number to all FOIA 

requesters within 5 days of the receipt 

of the request (as described in § 4.15(g)) 

in the OCC’s Communications 

Department. The tracking number will 

be sent via electronic mail if the 

requester has provided an electronic 

mail address. Otherwise, the OCC will 

mail the tracking number to the 

requester’s physical address, as 

provided in the FOIA request. 

(b) Web site. FOIA requesters may 

check the status of their FOIA request(s) 

at https://appsec.occ.gov/ 

publicaccesslink/. 

(c) If a requester does not have 

Internet access. Requesters without 

Internet access may continue to contact 

the Disclosure Officer, Communications 

Division, Office of the Comptroller of 

the Currency, at (202) 874–4700 to 

check the status of their FOIA 

request(s). 

Dated: April 17, 2009. 

John C. Dugan, 

Comptroller of the Currency. 

[FR Doc. E9–9375 Filed 4–23–09; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0174; Directorate 

Identifier 2008–NE–03–AD] 

RIN 2120–AA64 

Airworthiness Directives; CFM 

International, S.A. CFM56–5B1/P; –5B2/ 

P; –5B3/P; –5B3/P1; –5B4/P; –5B4/P1; 

–5B5/P; –5B6/P; –5B7/P; –5B8/P; –5B9/ 

P; –5B1/3; –5B2/3; –5B3/3; –5B4/3; 

–5B5/3; –5B6/3; –5B7/3; –5B8/3; –5B9/ 

3; –5B3/3B1; and –5B4/3B1 Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: This supplemental NPRM 

revises an earlier proposed 

airworthiness directive (AD), applicable 

to CFM International, S.A. CFM56–5B1/ 

P; –5B2/P; –5B3/P; –5B3/P1; –5B4/P; 

–5B4/P1; –5B5/P; –5B6/P; –5B7/P; 

–5B8/P; and –5B9/P turbofan engines. 

That proposed AD would have required 

initial and repetitive eddy current 

inspections (ECIs) of certain part 

number (P/N) low-pressure (LP) turbine 

rear frames. That proposed AD resulted 

from a refined lifing analysis by the 

engine manufacturer that shows the 

need to identify initial and repetitive 

inspection thresholds for inspecting 

certain LP turbine rear frames. This 

supplemental NPRM revises the 

proposed AD to add two LP turbine rear 

frame P/Ns to the applicability, to add 

11 engine models to the applicability, 

and to clarify the commercial and 

corporate engines/LP turbine rear 

frames applicability. This supplemental 

NPRM results from CFM International, 

S.A. revising the service information to 

add LP turbine rear frame P/Ns and 

engine models, and from comments 

received on the proposed AD. This 

supplemental NPRM also results from a 

refined lifing analysis by the engine 

manufacturer that shows the need to 

identify initial and repetitive inspection 

thresholds for inspecting certain LP 

turbine rear frames. We are proposing 

this AD to detect low-cycle-fatigue 

cracks in the LP turbine rear frame, 

which could result in an engine 

separating from the airplane, causing 

damage to, and possibly leading to loss 

of control of, the airplane. 

DATES: We must receive any comments 

on this proposed AD by June 8, 2009. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

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. 

You can get the service information 

identified in this proposed AD from 

CFM International, Technical 

Publications Department, 1 Neumann 

Way, Cincinnati, OH 45215; telephone 

(513) 552–2800; fax (513) 552–2816. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Sheely, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: 

stephen.k.sheely@faa.gov; telephone 

(781) 238–7750; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 


tjames on PRODPC75 with PROPOSALS
Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Proposed Rules 18663 

Comments Invited 

We invite you to send us any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2008–0174; Directorate Identifier 2008– 

NE–03–AD’’ in the subject line of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed AD in light 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 proposed 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). 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (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. 

Discussion 

On April 29, 2008, we issued a 

proposal to amend part 39 of the Code 

of Federal Regulations (14 CFR part 39) 

to add an AD, applicable to CFM 

International, S.A. CFM56–5B1/P; –5B2/ 

P; –5B3/P; –5B3/P1; –5B4/P; –5B4/P1; 

–5B5/P; –5B6/P; –5B7/P; –5B8/P; and 

–5B9/P turbofan engines. The proposed 

AD published as an NPRM in the 

Federal Register on May 7, 2008 (73 FR 

25597). That NPRM proposed to require 

initial and repetitive ECIs of certain 

P/N LP turbine rear frames. 

Since we issued that NPRM, we 

became aware of two additional LP 

turbine rear frame P/Ns affected, and 11 

additional engine models affected that 

were not listed in the proposed AD 

applicability. CFM International, S.A. 

subsequently superseded Service 

Bulletin (SB) No. CFM56–5B S/B 72– 

0620, Revision 1, dated December 20, 

2007, to add those LP turbine rear frame 

P/Ns and engine models. We added LP 

turbine rear frame P/Ns 338–171–751–0; 

and 338–171–752–0, and CFM56–5B1/3; 

–5B2/3; –5B3/3; –5B4/3; –5B5/3; –5B6/ 

3; –5B7/3; –5B8/3; –5B9/3; –5B3/3B1; 

and –5B4/3B1 engine models to the 

applicability of the supplemental 

NPRM. We also clarified the commercial 

and corporate engines/LP turbine rear 

frames applicability. Because we added 

those CFM56 engine models and added 

those LP turbine rear frame P/Ns, this 

supplemental NPRM reopens the 

comment period to include those added 

engine models and added P/Ns, and to 

reference the superseding service 

bulletin. 

As we stated in the original proposed 

AD, CFM International, S.A. performed 

a refined lifing analysis that shows the 

need to identify initial and repetitive 

inspection thresholds for inspecting LP 

turbine rear frames. This condition, if 

not corrected, could result in an engine 

separating from the airplane, causing 

damage to, and possibly leading to loss 

of control of the airplane. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this proposed AD. We 

have considered the comments received. 

Consider Expanding the Engine Model 

Applicability 

One commenter, Virgin Airlines, 

requests that we consider expanding the 

applicability in the proposed AD by 

adding the CFM56–5B4/3 and CFM56– 

5B6/3 turbofan engines. 

We agree that those engines are 

affected. We added them to this 

supplemental NPRM. 

Disagreement With Proposed AD 

Applicability 

One commenter, CFM International 

S.A., disagrees with the proposed AD 

applicability, specifically, the listing of 

all of the engines as certified for 

corporate application. They state that 

only the CFM56–5B6/P and CFM56– 

5B7/P engine models certified for 

corporate application need to be 

covered by the proposed AD, because 

they were initially certified with a 

22,500-cycle life. They now have a first 

inspection at 19,000 cycles. All of the 

other –5B/P engine models in the 

corporate application were certified 

with the first inspection at 19,000 

cycles, and do not need to be covered 

by the proposed AD. 

We agree. We corrected and clarified 

the applicability in the supplemental 

NPRM. 

Request To Give Credit 

One commenter, Airbus, requests that 

we give credit for inspections 

previously done using CFM 

International, S.A. Service Bulletin No. 

CFM56–5B S/B 72–0620, dated May 3, 

2007. 

We agree. We changed the 

supplemental NPRM to give credit for 

previous initial and repetitive 

inspections of turbine rear frames done 

before the effective date of the proposed 

AD using the original or Revision 1 of 

CFM International, S.A. Service Bulletin 

No. CFM56–5B S/B 72–0620. 

Correction to How Many Engines 

Affected 

Since we issued the original NPRM, 

we discovered that we incorrectly 

estimated how many engines are 

affected. We stated that about 426 

engines are affected that are installed on 

airplanes of U.S. registry. That number 

actually reflects how many engines are 

installed on airplanes of U.S. registry, 

regardless of the LP turbine rear frame 

P/N. We corrected the estimated number 

of affected engines to 282, which 

reflects those engines with the affected 

LP turbine rear frames listed in this 

supplemental NPRM. 

FAA’s Determination and Requirements 

of the Proposed AD 

We evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other products of this same 

type design. We are proposing this AD, 

which will require initial and repetitive 

ECIs of certain P/N LP turbine rear 

frames. This proposed AD results from 

a refined lifing analysis by the engine 

manufacturer that shows the need to 

identify initial and repetitive inspection 

thresholds for inspecting certain LP 

turbine rear frames. This proposed AD 

would require you to use the service 

information described previously to 

perform the inspections. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 282 CFM56–5B series 

turbofan engines installed on airplanes 

of U.S. registry. We estimate that it 

would take about 3 work-hours to 

perform an eddy current inspection of 

an LP turbine rear frame. The average 

labor rate is $80 per work-hour. A 

replacement LP turbine rear frame costs 


tjames on PRODPC75 with PROPOSALS
18664 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Proposed Rules 

about $102,240. If all 282 LP turbine 

rear frames needed replacement, we 

estimate the total cost of the proposed 

AD to U.S. operators to be $28,899,360. 

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 have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD 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. 

For the reasons discussed above, I 

certify that the 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. Would 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 proposed AD. See the ADDRESSES

section for a location to examine the 

regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Under the authority delegated to me 

by the Administrator, the Federal 

Aviation Administration proposes to 

amend 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 airworthiness 

directive: 

CFM International, S.A.: Docket No. FAA– 

2008–0174; Directorate Identifier 2008– 

NE–03–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this 

airworthiness directive (AD) action by June 8, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to: 

(1) CFM International, S.A. turbofan 

engines with a low-pressure (LP) turbine rear 

frame, part number (P/N) 338–171–703–0; 

338–171–704–0; 338–171–705–0; or 338– 

171–706–0 installed, as follows: 

(i) Commercial application CFM56–5B1/P; 

–5B2/P; –5B3/P; –5B3/P1; –5B4/P; –5B4/P1; 

–5B5/P; –5B6/P; –5B7/P; –5B8/P; –5B9/P 

turbofan engines. 

(ii) Corporate application CFM56–5B6/P 

and –5B7/P turbofan engines. 

(2) CFM International, S.A. turbofan 

engines with an LP turbine rear frame, P/N 

338–171–751–0; or 338–171–752–0 installed, 

on corporate and commercial applications of 

CFM56–5B1/P; –5B2/P; –5B3/P; –5B3/P1; 

–5B4/P; –5B4/P1; –5B5/P; –5B6/P; –5B7/P; 

–5B8/P; –5B9/P; –5B1/3; –5B2/3; –5B3/3; 

–5B4/3; –5B5/3; –5B6/3; –5B7/3; –5B8/3; 

–5B9/3; –5B3/3B1; and –5B4/3B1 turbofan 

engines. 

(3) These engines are installed on, but not 

limited to, Airbus A318, A319, A320, and 

A321 series airplanes. 

Unsafe Condition 

(d) This AD results from a refined lifing 

analysis by the engine manufacturer that 

shows the need to identify initial and 

repetitive inspection thresholds for 

inspecting certain LP turbine rear frames. We 

are issuing this AD to detect low-cyclefatigue cracks in the LP turbine rear frame, 

which could result in an engine separating 

from the airplane, causing damage to, and 

possibly leading to loss of control of the 

airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified unless the 

actions have already been done. 

Initial Inspection 

(f) Perform an initial eddy current 

inspection (ECI) of the LP turbine rear frame 

using paragraphs 3.A. through 3.A.(7)(d) of 

the Accomplishment Instructions of CFM 

International, S.A. Service Bulletin (SB) No. 

CFM56–5B S/B 72–0620, Revision 2, dated 

December 1, 2008, at the following 

compliance times: 

(1) For commercial engine applications, 

within 25,000 cycles-since-new (CSN) on the 

LP turbine rear frame. 

(2) For corporate engine applications, 

within 19,000 CSN on the LP turbine rear 

frame. 

(3) For engines with unknown LP turbine 

rear frame CSN, within 300 cycles-in-service 

from the effective date of this AD. 

Repetitive Inspections 

(g) Perform repetitive ECIs of the LP 

turbine rear frame using paragraphs 3.A. 

through 3.A.(7)(d) of the Accomplishment 

Instructions of CFM International, S.A. SB 

No. CFM56–5B S/B 72–0620, Revision 2, 

dated December 1, 2008. Use the inspection 

intervals in paragraph 3.A.(8) of the 

Accomplishment Instructions of CFM 

International, S.A. SB No. CFM56–5B S/B 

72–0620, Revision 2, dated December 1, 

2008. 

LP Turbine Rear Frame Removal Criteria 

(h) Remove LP turbine rear frames from 

service that have a single crack length of 2.56 

inches (65 mm) or longer, or multiple cracks 

with an accumulated crack length of 2.56 

inches (65 mm) or longer. 

Previous Credit 

(i) Initial and repetitive inspections done 

before the effective date of this AD using 

CFM International, S.A. SB No. CFM56–5B 

S/B 72–0620, dated May 3, 2007, or SB No. 

CFM56–5B S/B 72–0620, Revision 1, dated 

December 20, 2007, comply with the initial 

and repetitive inspection requirements 

specified in this AD. Operators must 

continue performing the repetitive 

inspections required in paragraph (g) of this 

AD. 

Alternative Methods of Compliance 

(j) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(k) European Aviation Safety Agency AD 

2007–0221, dated August 13, 2007, also 

addresses the subject of this AD. 

(l) Contact Stephen Sheely, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: stephen.k.sheely@faa.gov; 

telephone (781) 238–7750; fax (781) 238– 

7199, for more information about this AD. 

Issued in Burlington, Massachusetts, on 

April 17, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–9443 Filed 4–23–09; 8:45 am] 

BILLING CODE 4910–13–P 


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