Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 22091 

FOR FURTHER INFORMATION CONTACT: Dr. 

Betzaida Lopez, Staff Veterinarian, 

National Center for Import and Export, 

VS, APHIS, 4700 River Road, Unit 39, 

Riverdale, MD 20737–1231; (301) 734– 

8364. 

SUPPLEMENTARY INFORMATION: 

In a final rule published in the 

Federal Register on January 2, 2009 (74 

FR 1–6, Docket No. APHIS–2007–0095), 

we amended the regulations regarding 

the importation of cattle from Mexico by 

adding San Luis, AZ, as a port through 

which cattle that have been infested 

with fever ticks or exposed to fever ticks 

or tick-borne diseases may be imported 

into the United States. We also amended 

the regulations to remove provisions 

that limit the admission of cattle that 

have been infested with fever ticks or 

exposed to fever ticks or tick-borne 

diseases to the State of Texas. In 

amendatory instruction 3, it was our 

intent to further amend the introductory 

text of § 93.427(b)(2) to add the port of 

San Luis. However, we inadvertently 

omitted San Luis, AZ, from the text that 

followed. This document corrects that 

error. 

After port facilities at San Luis, AZ, 

are constructed and approved by the 

Animal and Plant Health Inspection 

Service (APHIS), APHIS will publish a 

document announcing an effective date 

for this correction in the Federal 

Register. 

Correction 

In FR Doc. E8–31212, published on 

January 2, 2009 (74 FR 1), under 

amendatory instruction 3 on page 5, 

third column, and page 6, first column, 

§ 93.427(b)(2) introductory text is 

corrected to read as follows: 

§ 93.427 Cattle from Mexico. 

* * * * * 

(b) * * * 

(2) Cattle that have been exposed to 

splenetic, southern, or tick fever, or that 

have been infested with or exposed to 

fever ticks, may be imported from 

Mexico for admission into the United 

States, except into areas of Texas 

quarantined because of said disease or 

tick infestation as specified in § 72.5 of 

this chapter, at one of the land border 

ports in Texas listed in § 93.403(c), the 

port of Santa Teresa, NM, or the port of 

San Luis, AZ, provided that the 

following conditions are strictly 

observed and complied with: 

* * * * * 

Done in Washington, DC, this 6th day of 

May 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–11059 Filed 5–11–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0975; Directorate 

Identifier 2008–NE–29–AD; Amendment 39– 

15905; AD 2009–08–51] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

Corporation (RRC) AE 3007A Series 

Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting emergency airworthiness 

directive (AD) 2009–08–51 that was sent 

previously to all known U.S. owners 

and operators of RRC AE 3007A series 

turbofan engines. This AD requires 

performing an eddy current inspection 

(ECI) or surface wave ultrasonic test 

(SWUT) inspection on each affected 

high-pressure turbine wheel. This AD 

results from additional reports of cracks 

in the high-pressure turbine (HPT) stage 

2 wheels identified from the required 

inspections in AD 2008–26–06. A 

revised risk assessment that includes 

these additional reports indicates we 

need to require a higher inspection rate. 

We are issuing this AD to prevent an 

uncontained failure of the HPT stage 2 

wheel and damage to the airplane. 

DATES: This AD becomes effective May 

27, 2009 to all persons except those 

persons to whom it was made 

immediately effective by emergency AD 

2009–08–51, issued on April 10, 2009, 

which contained the requirements of 

this amendment. The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulations as 

of May 27, 2009. 

We must receive any comments on 

this AD by July 13, 2009. 

ADDRESSES: Use one of the following 

addresses to comment on this 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. 

FOR FURTHER INFORMATION CONTACT: Kyri 

Zaroyiannis, Aerospace Engineer, 

Chicago Aircraft Certification Office, 

Small Airplane Directorate, FAA, 2300 

E. Devon Ave., Des Plaines, IL 60018; email: kyri.zaroyiannis@faa.gov; 

telephone (847) 294–7836; fax (847) 

294–7834. 

Contact Rolls-Royce Corporation, P.O. 

Box 420, Indianapolis, IN 46206; 

telephone (317) 230–3774; fax (317) 

230–8084; e-mail: 

indy.pubs.services@rolls-royce.com, for 

the service information identified in this 

AD. 

SUPPLEMENTARY INFORMATION: On April 

10, 2009, the FAA issued emergency AD 

2009–08–51, that applies to RRC AE 

3007A series turbofan engines. That AD 

supersedes AD 2008–26–06, and 

requires performing an ECI or SWUT 

inspection on HPT stage 2 wheels for 

cracks. That AD resulted from 

additional reports of cracks in the HPT 

stage 2 wheels identified from the 

required inspections. A revised risk 

assessment that includes these 

additional reports indicates we needed 

to require a higher inspection rate. That 

emergency AD also addresses a group of 

low utilization engines above 16,350 

cycles-since-new (CSN) that might not 

yet have been inspected. This condition, 

if not corrected, could result in a 

possible uncontained failure of the HPT 

stage 2 wheel and damage to the 

airplane. 

Relevant Service Information 

We have reviewed RRC Alert Service 

Bulletin (ASB) AE 3007A–A–72–367, 

Revision 1, dated April 7, 2009, that 

describes procedures for ECI of the HPT 

stage 2 wheel on AE 3007A series 

turbofan engines and RRC SB AE 

3007A–72–368, Revision 1, dated April 

6, 2009, that describes the procedures 

for SWUT inspection of the HPT stage 

2 wheel on AE 3007A series turbofan 

engines. 

FAA’s Determination and Requirements 

of This AD 

Since the unsafe condition described 

is likely to exist or develop on other 

engines of the same type design, we 


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22092 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 

issued emergency AD 2009–08–51 to 

prevent an uncontained failure of the 

HPT stage 2 wheel, and damage to the 

airplane. This AD requires performing 

an ECI or SWUT inspection on each 

affected wheel. You must use the 

service information described 

previously to perform the actions 

required by this AD. 

FAA’s Determination of the Effective 

Date 

Since an unsafe condition exists that 

requires the immediate adoption of this 

AD, we have found that notice and 

opportunity for public comment before 

issuing this AD are impracticable, and 

that good cause existed to make the AD 

effective immediately on April 10, 2009, 

to all known U.S. owners and operators 

of RRC AE 3007A series turbofan 

engines. These conditions still exist, 

and we are publishing the AD in the 

Federal Register as an amendment to 

Section 39.13 of part 39 of the Code of 

Federal Regulations (14 CFR part 39) to 

make it effective to all persons. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment. 

However, we invite you to send us any 

written relevant data, views, or 

arguments regarding this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘AD Docket No. 

FAA–2008–0975; Directorate Identifier 

2008–NE–29–AD’’ in the subject line of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the rule that might suggest a 

need to modify it. 

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). 

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 the same as the Mail 

address provided in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

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 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 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 summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Under the authority delegated to me 

by the Administrator, the Federal 

Aviation Administration amends 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. The FAA amends § 39.13 by 

removing Amendment 39–15772 (73 FR 

78927, December 24, 2008), and by 

adding the following new airworthiness 

directive: 

2009–08–51 Rolls-Royce Corporation (RRC) 

(Formerly Allison Engine Company): 

Amendment 39–15905. Docket No. 

FAA–2008–0975; Directorate Identifier 

2008–NE–29–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 27, 2009, to all 

persons except those persons to whom it was 

made immediately effective by emergency 

AD 2008–08–51, issued April 10, 2009, 

which contained the requirements of this 

amendment. 

Affected ADs 

(b) This AD supersedes AD 2008–26–06. 

Applicability 

(c) This AD applies to RRC AE 3007A 

series turbofan engines with high-pressure 

turbine (HPT) stage 2 wheels, part number 

(P/N) 23065892, 23069116, 23069438, 

23069592, 23074462, 23074644, 23075345, 

23084520, or 23084781, installed. These 

engines are installed on, but not limited to, 

Empresa Brasileira de Aeronautica S. A. 

(EMBRAER) EMB–135 and EMB–145 

airplanes. 

Unsafe Condition 

(d) This AD results from additional reports 

of cracks in the HPT stage 2 wheels identified 

from the required inspections in AD 2008– 

26–06. A revised risk assessment that 

includes these additional reports indicates 

we need to require a higher inspection rate. 

We are issuing this AD to prevent 

uncontained failure of the HPT stage 2 wheel 

and damage to 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. 

Eddy Current Inspection or Surface Wave 

Ultrasonic Test Inspection 

(f) Perform an eddy current inspection 

(ECI) or surface wave ultrasonic test (SWUT) 

inspection on each affected wheel by the 

cycle limit specified in Table 1 of this AD. 

Use paragraphs 2.A. through 2.C.(4) of RRC 


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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 22093 

Alert Service Bulletin (ASB) AE 3007A–A– 

72–367, Revision 1, dated April 7, 2009, or 

use paragraphs 2.A through 2.M.(8) of RRC 

Service Bulletin (SB) AE 3007A–72–368, 

Revision 1, dated April 6, 2009, to perform 

the inspections. 

TABLE 1—COMPLIANCE TIMES FOR ECI OR SWUT INSPECTION OF THE HPT STAGE 2 WHEELS BY CYCLES-SINCE-NEW

(CSN) 

For HPT stage 2 wheels with CSN on the effective date of 

this AD: Remove or inspect: 

17,500 or more ............................................................................. Before the next flight. 

15,560 to 17,499 .......................................................................... Within 75 cycles-in-service (CIS). 

15,000 to 15,559 .......................................................................... Within 150 CIS. 

14,700 to 14,999 .......................................................................... Within 200 CIS. 

14,000 to 14,699 .......................................................................... Within 250 CIS. 

13,580 to 13,999 .......................................................................... Within 450 CIS. 

12,460 to 13,579 .......................................................................... Within 600 CIS. 

Installation Prohibition 

(g) After the effective date of this AD, don’t 

return to service, any HPT stage 2 wheel that 

was installed in any RRC AE 3007A series 

turbofan engine removed from service as a 

result of paragraph (f) of this AD unless the 

HPT stage 2 wheel has passed an inspection 

specified in RRC ASB AE 3007A–A–72–367, 

Revision 1, dated April 7, 2009 or RRC SB 

AE 3007A–72–368, Revision 1, dated April 6, 

2009. 

Removal From Service 

(h) After the effective date of this AD, 

remove from service any HPT stage 2 wheel 

covered by this AD that has accumulated 

22,500 CSN. 

(i) After the effective date of this AD, don’t 

install any HPT stage 2 wheel that has 22,500 

or more CSN. 

Credit for Previous Inspections 

(j) HPT stage 2 wheels already inspected 

and passed using RRC ASB AE 3007A–A–72– 

367, Revision 1, dated April 7, 2009, or 

earlier issue; or RRC SB AE 3007A–72–368, 

Revision 1, dated April 6, 2009, or earlier 

issue, meet the requirements for the initial 

inspections specified in paragraph (f) of this 

AD. 

Alternative Methods of Compliance 

(k) The Manager, Chicago Aircraft 

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. 

Special Flight Permits 

(l) Under 14 CFR part 39.23, we are 

limiting the special flight permits for this AD 

by restricting the flight to essential flight 

crew only. 

Related Information 

(m) Contact Kyri Zaroyiannis, Aerospace 

Engineer, Chicago Aircraft Certification 

Office, Small Airplane Directorate, FAA, 

2300 E. Devon Ave., Des Plaines, IL 60018; 

e-mail: kyri.zaroyiannis@faa.gov; telephone 

(847) 294–7836; fax (847) 294–7834, for more 

information about this AD. 

Material Incorporated by Reference 

(n) You must use the service information 

specified in Table 2 of this AD to perform the 

inspections required by this AD. The Director 

of the Federal Register approved the 

incorporation by reference of the documents 

listed in Table 2 of this AD in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. You 

can get a copy from Rolls-Royce Corporation, 

P.O. Box 420, Indianapolis, IN 46206; 

telephone (317) 230–3774; fax (317) 230– 

8084; e-mail: indy.pubs.services@rollsroyce.com. 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 2—INCORPORATION BY REFERENCE

Rolls-Royce Corporation service information No. Page Revision Date 

Alert Service Bulletin AE 3007A–A–72–367 ...................................................................... ALL ........ 1 April 7, 2009. 

Total pages: 6 

Service Bulletin AE 3007A–72–368 ................................................................................... ALL ........ 1 April 6, 2009. 

Total pages: 22 

Issued in Burlington, Massachusetts, on 

May 4, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–11126 Filed 5–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0120; Airspace 

Docket No. 09–ACE–2] 

Establishment of Class E Airspace; 

Rushville, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Rushville, NE. Controlled 

airspace is necessary to accommodate 

Area Navigation (RNAV) Standard 

Instrument Approach Procedures 

(SIAPs) at Modisett Airport, Rushville, 

NE. The FAA is taking this action to 

enhance the safety and management of 

Instrument Flight Rule (IFR) operations 

at Modisett Airport. 

DATES: Effective Date: 0901 UTC, August 

27, 2009. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR Part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd, Fort 


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