Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 52201 

§ 439.51 Probation of accreditation. 

Upon a determination by the 

Administrator, a laboratory will be 

placed on probation for the following 

reasons: 

(a) If the laboratory fails to complete 

more than one interlaboratory 

accreditation maintenance check sample 

analysis as required by § 439.20(d) of 

this part within 12 consecutive months, 

unless written permission is granted by 

the Administrator. 

(b) If the laboratory fails to meet any 

of the criteria set forth in §§ 439.20(d) 

and 439.20(h) of this part. 

§ 439.52 Suspension of accreditation. 

The accreditation of a laboratory will 

be suspended if the laboratory or any 

individual or entity responsibly 

connected with the laboratory is 

indicted or has charges on information 

brought against them in a Federal or 

State court for any of the following 

violations of law: 

(a) Any felony. 

(b) Any misdemeanor based upon 

acquiring, handling, or distributing of 

unwholesome, misbranded, or 

deceptively packaged food or upon 

fraud in connection with transactions in 

food. 

(c) Any misdemeanor based upon a 

false statement to any governmental 

agency. 

(d) Any misdemeanor based upon the 

offering, giving or receiving of a bribe or 

unlawful gratuity. 

§ 439.53 Revocation of accreditation. 

The accreditation of a laboratory will 

be revoked for the following reasons: 

(a) An accredited laboratory that is 

accredited to perform analysis under 

§§ 439.5, 439.10 and 439.20 of this part 

will have its accreditation revoked for 

failure to meet any of the requirements 

of § 439.20 of this part, except for the 

following circumstances. If the 

accredited laboratory fails to meet any 

of the criteria set forth in §§ 439.20(d) 

and 439.20(h) of this part and it has not 

failed during the 12 months preceding 

its failure to meet the criteria, it shall be 

placed on probation, but if it has failed 

at any time during those 12 months, its 

accreditation will be revoked. 

(b) An accredited laboratory will have 

its accreditation revoked if the 

Administrator determines that the 

laboratory or any responsibly connected 

individual or any agent or employee 

has: 

(1) Altered any official sample or 

analytical finding; or 

(2) Substituted any analytical result 

from any other laboratory and 

represented the result as its own. 

(c) An accredited laboratory will have 

its accreditation revoked if the 

laboratory or any individual or entity 

responsibly connected with the 

laboratory is convicted in a Federal or 

State court of any of the following 

violations of law: 

(a) Any felony. 

(b) Any misdemeanor based upon 

acquiring, handling, or distributing of 

unwholesome, misbranded, or 

deceptively packaged food or upon 

fraud in connection with transactions in 

food. 

(c) Any misdemeanor based upon a 

false statement to any governmental 

agency. 

(d) Any misdemeanor based upon the 

offering, giving or receiving of a bribe or 

unlawful gratuity. 

§ 439.60 Notification and hearings. 

Accreditation of any laboratory will 

be refused, suspended, or revoked under 

the conditions previously described in 

this Part 439. The owner or operator of 

the laboratory will be sent written 

notice of the refusal, suspension, or 

revocation of accreditation by the 

Administrator. In such cases, the 

laboratory owner or operator will be 

provided an opportunity to present, 

within 30 days of the date of the 

notification, a statement challenging the 

merits or validity of such action and to 

request an oral hearing with respect to 

the denial, suspension, or revocation 

decision. An oral hearing will be 

granted if there is any dispute of 

material fact joined in such responsive 

statement. The proceeding will be 

conducted thereafter in accordance with 

the applicable rules of practice, which 

will be adopted for the proceeding. Any 

such refusal, suspension, or revocation 

will be effective upon the receipt by the 

laboratory of the notification and will 

continue in effect until final 

determination of the matter by the 

Administrator. 

Done in Washington, DC, on August 27, 

2008. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. E8–20582 Filed 9–8–08; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28059; Directorate 

Identifier 2007–NE–13–AD; Amendment 39–

15665; AD 2008–18–08] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

plc (RR) RB211 Trent 500, 700, and 800 

Series Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

This action is necessary following the 

discovery of IP Compressor Rotor rear 

balance land cracking on an in-service Trent 

800 engine. Stress analysis of the damaged 

rotor has shown a possible threat to the rotor 

integrity, the cracking therefore presents a 

potential unsafe condition. 

We are issuing this AD to detect 

cracking on the intermediate pressure 

(IP) compressor rotor rear balance land. 

IP compressor rotor rear balance land 

cracking can lead to uncontained failure 

of the rotor and damage to the airplane. 

DATES: This AD becomes effective 

October 14, 2008. The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD as of 

October 14, 2008. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; fax (781) 

238–7199. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 


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52202 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 

apply to the specified products. That 

NPRM was published in the Federal 

Register on October 15, 2007 (72 FR 

58267). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states that: 

This Airworthiness Directive requires 

inspections for cracks in the rear balance 

land of the IP Compressor Rotor. The 

inspections comprise an on-wing one-off 

inspection by borescope for RR Trent 800 

engines which must be completed within a 

short timescale, and in-shop inspections to 

be completed at each opportunity for RR 

Trent 500, 700 and 800 engines (the in-shop 

inspection may be carried out in lieu of the 

on-wing inspection for the Trent 800 engines 

if it is accomplished within the timescale 

applicable to the on-wing inspection). This 

action is necessary following the discovery of 

IP Compressor Rotor rear balance land 

cracking on an in-service Trent 800 engine. 

Stress analysis of the damaged rotor has 

shown a possible threat to the rotor integrity, 

the cracking therefore presents a potential 

unsafe condition. The cause of the cracking 

is currently not fully understood but 

evidence suggests it relates to an unusual 

balance weight condition. 

You may obtain further information by 

examining the EASA AD in the AD 

docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. The 

commenter supports the NPRM. 

Editorial Addition of a New Revision to 

Alert Service Bulletin RB.211–72–

AF260 

We received Alert Service Bulletin 

RB.211–72–AF260, Revision 2, dated 

July 4, 2007, after we issued the NPRM. 

We reviewed Revision 2 and determined 

that no changes to the NPRM were 

necessary. We updated the revision 

number from Revision 1 to Revision 2 

in this AD. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

We estimate that this AD will affect 

about 110 engines installed on airplanes 

of U.S. registry. We also estimate that it 

will take about 3.5 work-hours per 

engine to perform the proposed actions 

and that the average labor rate is $80 per 

work-hour. Based on these figures, we 

estimate the total cost of the proposed 

AD to U.S. operators to be $30,800. Our 

cost estimate is exclusive of possible 

warranty coverage. 

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 (telephone 

(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, 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: 

2008–18–08 Rolls-Royce plc: Amendment 

39–15665. Docket No. FAA–2007–28059; 

Directorate Identifier 2007–NE–13–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 14, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Rolls-Royce plc 

RB211 Trent 553–61, 553A2–61, 556–61, 

556A2–61, 556B–61, 560–61, 560A2–61, 

768–60, 772–60, 772B–60, 875–17, 877–17, 

884–17, 884B–17, 892–17, 892B–17, and 

895–17 turbofan engines. These engines are 

installed on, but not limited to, Airbus A330, 

A340–500, A340–600, and Boeing 777 series 

airplanes. 

Reason 

(d) This action is necessary following the 

discovery of IP Compressor Rotor rear 

balance land cracking on an in-service Trent 

800 engine. Stress analysis of the damaged 

rotor has shown a possible threat to the rotor 

integrity, the cracking therefore presents a 

potential unsafe condition. The proposed AD 

would require actions that are intended to 

address the unsafe condition described in the 

MCAI. 

We are issuing this AD to detect cracking 

on the intermediate pressure (IP) compressor 

rotor rear balance land. IP compressor rotor 

rear balance land cracking can lead to 

uncontained failure of the rotor and damage 

to the airplane. 

Actions and Compliance 

(e) Unless already done, do the following 

actions: 

Inspection—On-Wing 

(1) Applicable to RR Trent 800 engines not 

previously inspected per Rolls-Royce RB211 

Propulsion System Alert Non Modification 

Service Bulletin RB.211–72–AF260, Revision 

2, dated July 4, 2007; or earlier issue: Within 

400 flight cycles of the Effective Date of this 

AD inspect the IP Compressor rotor rear 


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Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 52203 

balance land for cracks in accordance with 

Rolls-Royce RB211 Propulsion System Alert 

Non Modification Service Bulletin RB.211–

72–AF313, dated February 22, 2007 section 

3 Accomplishment Instructions. Engines on 

which cracking is found should be rejected 

from service. 

Inspection—In-Shop 

(2) Applicable to RR Trent 500, 700 and 

800 engines at each shop visit in which the 

engine is sufficiently disassembled to access 

the IP Compressor Module rear face: Inspect 

the IP Compressor rotor rear balance land for 

cracks in accordance with Rolls-Royce RB211 

Propulsion System Alert Non Modification 

Service Bulletin RB.211–72–AF260, Revision 

2, dated July 4, 2007; or earlier issue section 

3 Accomplishment Instructions. 

Other FAA AD Provisions 

(f) Alternative Methods of Compliance 

(AMOCs): 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 EASA Airworthiness Directive 

2007–0052, dated February 23, 2007, for 

related information. 

(h) Contact James Lawrence, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; fax (781) 238–

7199, for more information about this AD. 

Material Incorporated by Reference 

(i) You must use the service information 

specified in Table 1 of this AD 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 Rolls-Royce plc, P.O. Box 

31, Derby, DE24 8BJ, United Kingdom; 

telephone: 44 (0) 1332–242424; fax: 44 (0) 

1332–249936. 

(3) You may review copies at the FAA, 

New England Region, 12 New England 

Executive Park, Burlington, MA; or 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/cfr/ibrlocations.html. 

TABLE 1—MATERIAL INCORPORATED BY REFERENCE

Alert Service Bulletin No. Page Revision Date 

RB.211–72–AF260; Total pages—11 .................................. ALL ....................................... Original ................................. October 17, 2006. 

RB.211–72–AF260; Total pages—11 .................................. ALL ....................................... 1 ............................................ January 17, 2007. 

RB.211–72–AF260; Total pages—11 .................................. ALL ....................................... 2 ............................................ July 4, 2007. 

RB.211–72–AF313; Total pages—11 .................................. ALL ....................................... Original ................................. February 22, 2007. 

Issued in Burlington, Massachusetts, on 

August 25, 2008. 

Mark A. Rumizen, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–20212 Filed 9–8–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0946; Directorate 

Identifier 2008–NM–147–AD; Amendment 

39–15667; AD 2008–18–10] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model MD–90–30 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

McDonnell Douglas Model MD–90–30 

airplanes. This AD requires a detailed 

inspection for certain defects of the 

upper fasteners of the aft mount support 

fitting of the left and right engines and 

corrective actions if necessary. This AD 

results from reports of loose, cracked, or 

missing fasteners in the aft mount 

support fitting of the left and right 

engines. We are issuing this AD to 

detect and correct loose, cracked, or 

missing fasteners in the engine aft 

support mount fitting, which could lead 

to separation of the support fitting from 

the pylon, which could result in 

separation of the engine from the 

airplane. 

DATES: This AD is effective September 

24, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 24, 2008. 

We must receive comments on this 

AD by November 10, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Long Beach Division, 3855 

Lakewood Boulevard, Long Beach, 

California 90846, Attention: Data and 

Service Management, Dept. C1–L5A 

(D800–0024). 

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 street address for 

the Docket Office (telephone 800–647–

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

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 have received reports of loose, 

cracked, or missing fasteners in the aft 

mount support fitting of the left and 

right engines on several McDonnell 

Douglas Model MD–90–30 airplanes. 

The airplanes had accumulated between 

18,767 and 25,400 total flight hours and 

between 15,841 and 27,000 total flight 

cycles. A safety assessment of the 

missing fasteners has concluded that 

loose or discrepant fasteners in the top 


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