21772 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Proposed Rules 

appointees and designees an 

opportunity to review and approve such 

rules. As noted above, when OPM 

reopened the public comment period, 

we received numerous substantive 

comments opposing the final rule, 

requesting amendments or 

clarifications, or stating concerns about 

implementation. OPM needs time to 

evaluate these comments, as well as the 

new comments in favor of the rule, as 

part of the review and evaluation 

process described in the White House 

memorandum on regulatory review. 

Accordingly, OPM proposes to revoke 

the November 7, 2008 final rule pending 

OPM’s review and consideration of the 

additional public comments that were 

solicited on March 9, 2009. OPM seeks 

additional public comments, with a 30- 

day comment period, on the merits of 

revoking, retaining, or amending the 

November 7, 2008 final rule. When 

OPM issues a new final rule, or reissues 

the November 7, 2008 final rule, with or 

without amendments, OPM will account 

for the public comments received in 

response to the March 9, 2009 Federal 

Register notice, as well as any 

comments received in response to this 

notice of proposed rulemaking. 

Proposal To Extend the Final Rule’s 

Effective Date 

The November 7, 2008 final rule is 

scheduled to take effect on May 18, 

2009. However, in its February 6, 2008 

notice of proposed rulemaking, OPM 

recognized that agencies need 

significant time to implement any new 

policy on time-in-grade requirements, 

and to communicate the policy to 

human resources staff and employees. 

This concern was validated by one 

agency’s comment, in response to 

OPM’s March 9, 2009 Federal Register 

notice, that implementing a time-ingrade policy required significant lead 

time, because of that agency’s need to 

modify merit promotion procedures, 

notify labor organizations, and amend 

hundreds of vacancy announcements for 

competitive service positions, all at a 

time when the agency had significant 

competing obligations. 

Unless the final rule’s effective date is 

further extended, agencies likely will 

undertake significant effort and expense 

to meet the changes required by the 

rule. If the decision is made to revoke 

or amend the final rule, these expenses 

will have been incurred unnecessarily. 

Furthermore, OPM will have to begin 

answering questions and providing 

compliance assistance about how the 

final rule is to be implemented, 

guidance that will only confuse agencies 

if new guidance about a revised rule has 

to be provided in the near future. For 

these reasons, OPM proposes to extend 

the November 7, 2008 final rule’s 

effective date by an additional 90 days, 

until August 16, 2009. This will give 

OPM time to review public comments 

and complete the rulemaking 

proceeding. OPM is opening a 5-day 

public comment period on the proposed 

extension of the final rule’s effective 

date, separate from the 30-day public 

comment period on the notice of 

proposed rulemaking. 

OPM suggests that agencies delay 

preparations and financial commitments 

associated with the changes required by 

the final rule until a decision is made 

regarding whether and when, if at all, 

the regulation will go into effect. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only certain Federal 

employees. 

E.O. 12866, Regulatory Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

List of Subjects in 5 CFR Part 300 

Freedom of information, Government 

employees, Reporting and 

recordkeeping requirements, Selective 

Service System. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

[FR Doc. E9–11014 Filed 5–7–09; 12:00 pm 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0236; Directorate 

Identifier 2009–NE–06–AD] 

RIN 2120–AA64 

Airworthiness Directives; CFM 

International, S.A. CFM56–7B Series 

Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

CFM International, S.A. CFM56–7B 

series turbofan engines. This proposed 

AD would require initial and repetitive 

eddy current inspections (ECIs) of 

certain part number (P/N) low-pressure 

(LP) turbine rear frames. This proposed 

AD results from a refined life analysis 

by the engine manufacturer that shows 

the need to identify an initial and 

repetitive inspection threshold for 

inspecting certain LP turbine rear 

frames. We are proposing this AD to 

prevent failure of the LP turbine rear 

frame from low-cycle-fatigue cracks. 

Failure of the LP turbine rear frame 

could result in engine separation from 

the airplane, possibly leading to loss of 

control of the airplane. 

DATES: We must receive any comments 

on this proposed AD by July 10, 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. 

FOR FURTHER INFORMATION CONTACT: 

Antonio Cancelliere, Aerospace 

Engineer, Engine Certification Office, 

FAA, Engine and Propeller Directorate, 

12 New England Executive Park, 

Burlington, MA 01803; e-mail: 

antonio.cancelliere@faa.gov; (781) 238– 

7199. 

Contact CFM International, Technical 

Publications Department, 1 Neumann 

Way, Cincinnati, OH 45215; telephone 

(513) 552–2800; fax (513) 552–2816, for 

a copy of the service information 

identified in this proposed AD. 

SUPPLEMENTARY INFORMATION: 

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– 

2009–0236; Directorate Identifier 2009– 

NE–06–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 

Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Proposed Rules 21773 

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 

CFM International, S.A. performed a 

refined life analysis that identified the 

need for initial and repetitive inspection 

thresholds for LP turbine rear frames, 

P/Ns 340–166–254–0; 340–166–255–0; 

340–166–256–0; 340–166–257–0; 340– 

166–258–0; 340–166–259–0; P/N 340– 

177–551–0; 340–177–552–0; 340–177– 

553–0; 340–177–554–0; 340–177–555–0; 

and 340–177–556–0. These LP turbine 

rear frames are installed on CFM56–7B 

series turbofan engines. This proposed 

AD would require initial and repetitive 

ECIs of these LP turbine rear frames. 

This condition, if not corrected, could 

result in engine separation from the 

airplane, possibly leading to loss of 

control of the airplane. 

Relevant Service Information 

We have reviewed and approved the 

technical contents of CFM International, 

S.A. Service Bulletin (SB) No. CFM56– 

7B S/B 72–0558, Revision 2, dated 

December 1, 2008, and SB No. CFM56– 

7B S/B 72–0579, Revision 4, dated 

December 1, 2008, that describe 

procedures for performing initial and 

repetitive ECIs of the LP turbine rear 

frame. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have 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 would require initial and 

repetitive ECIs of the affected P/N LP 

turbine rear frames. The proposed AD 

would require you to use the service 

information described previously to 

perform these actions. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 1,228 CFM56–7B 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 

about $275,000. If all 1,228 LP turbine 

rear frames needed replacement, we 

estimate the total cost of the proposed 

AD to U.S. operators to be $33,994,720. 

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 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. 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. 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. 

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– 

2009–0236; Directorate Identifier 2009– 

NE–06–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this 

airworthiness directive (AD) action by July 

10, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to: 

(1) CFM International, S.A. CFM56–7B20; 

–7B22; –7B24; –7B26; –7B27; –7B22/B1; 

–7B24/B1; –7B27/B1; –7B26/B1; –7B26/B2; 

–7B20/3; –7B22/3; –7B24/3; –7B26/3; –7B27/ 

3; –7B22/3B1; –7B24/3B1; –7B27/3B1; 

–7B26/3B1; –7B26/3B2; –7B26/3F; –7B27/3; 

–7B27/3F; –7B26/3B2F; –7B27/3B1F; –7B27/ 

3B3; and –7B27A turbofan engines assembled 

with a low-pressure (LP) turbine rear frame, 

part number (P/N) 340–166–254–0; 340–166– 

254–0; 340–166–255–0; 340–166–256–0; 

340–166–257–0; 340–166–258–0; or 340– 

166–259–0; and 

(2) CFM International, S.A. CFM56–7B20/ 

2; –7B22/2; –7B24/2; –7B26/2; and –7B27/2 

turbofan engines assembled with a dual 

annular combustor and an LP turbine rear 

frame, P/N 340–177–551–0; 340–177–552–0; 

340–177–553–0; 340–177–554–0; 340–177– 

555–0; or 340–177–556–0. 

(3) These engines are installed on, but not 

limited to, Boeing 737–600, 737–700, 737– 

800, and 737–900 series airplanes. 

Unsafe Condition 

(d) This AD results from a refined life 

analysis by the engine manufacturer that 

shows the need to identify an initial and 

21774 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Proposed Rules 

repetitive inspection threshold for inspecting 

certain LP turbine rear frames. We are issuing 

this AD to prevent failure of the LP turbine 

rear frame from low-cycle-fatigue cracks. 

Failure of the LP turbine rear frame could 

result in engine separation from the airplane, 

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. 

Inspections of LP Turbine Rear Frames 

(f) For CFM International, S.A. CFM56– 

7B20; –7B22; –7B24; –7B26; –7B27; –7B22/ 

B1; –7B24/B1; –7B27/B1; –7B26/B2; –7B20/ 

3; –7B22/3; –7B24/3; –7B26/3; –7B27/3; 

–7B22/3B1; –7B24/3B1; –7B27/3B1; –7B26/ 

3B2; –7B26/3F; –7B27/3F; –7B26/3B2F; 

–7B27/3B1F; and –7B27A turbofan engines 

with an LP turbine rear frame, P/N 340–166– 

254–0; 340–166–254–0; 340–166–255–0; 

340–166–256–0; 340–166–257–0; 340–166– 

258–0; or 340–166–259–0, do the following: 

(1) Perform an initial eddy current 

inspection (ECI) of the LP turbine rear frame 

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

LP turbine rear frame. 

(2) For engines with unknown LP turbine 

rear frame CSN, perform an initial ECI within 

300 cycles from the effective date of this AD. 

(3) Perform repetitive ECIs of the LP 

turbine rear frame, using the inspection 

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

Accomplishment Instructions of CFM 

International, S.A. SB No. CFM56–7B S/B 

72–0579, Revision 4, dated December 1, 

2008. 

(4) Use paragraphs 3.A. through 3.A.(7)(d) 

of the Accomplishment Instructions of CFM 

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

CFM56–7B S/B 72–0579, Revision 4, dated 

December 1, 2008, to do the ECIs. 

(5) Remove LP turbine rear frames from 

service that have a total cumulated crack 

length at any location, of 0.79 inch (20 mm) 

or longer. 

(g) For CFM International, S.A. CFM56– 

7B26/B1; –7B27/3; –7B26/3B1; and –7B27/ 

3B3 turbofan engines with an LP turbine rear 

frame, P/N 340–166–254–0; 340–166–254–0; 

340–166–255–0; 340–166–256–0; 340–166– 

257–0; 340–166–258–0; or 340–166–259–0, 

do the following: 

(1) Perform an initial ECI of the LP turbine 

rear frame within 19,000 CSN on the LP 

turbine rear frame. 

(2) For engines with unknown LP turbine 

rear frame CSN, perform an initial ECI within 

300 cycles from the effective date of this AD. 

(3) Perform repetitive ECIs of the LP 

turbine rear frame, using the inspection 

intervals in paragraph 3.A.(9) of the 

Accomplishment Instructions of CFM 

International, S.A. SB No. CFM56–7B 

S/B 72–0579, Revision 4, dated December 1, 

2008. 

(4) Use paragraphs 3.A. through 3.A.(7)(d) 

of the Accomplishment Instructions of CFM 

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

CFM56–7B S/B 72–0579, Revision 4, dated 

December 1, 2008, to do the ECIs. 

(5) Remove LP turbine rear frames from 

service that have a total cumulated crack 

length at any location, of 0.79 inch (20 mm) 

or longer. 

(h) For CFM International, S.A. CFM56– 

7B20/2; –7B22/2; –7B24/2; –7B26/2; and 

–7B27/2 turbofan engines assembled with a 

dual annular combustor and an LP turbine 

rear frame, P/N 340–177–551–0; 340–177– 

552–0; 340–177–553–0; 340–177–554–0; 

340–177–555–0; or 340–177–556–0, do the 

following: 

(1) Perform an initial ECI of the LP turbine 

rear frame within 16,350 CSN on the LP 

turbine rear frame. 

(2) For engines with unknown LP turbine 

rear frame CSN, perform an initial ECI within 

300 cycles from the effective date of this AD. 

(3) Perform repetitive ECIs of the LP 

turbine rear frame, using the inspection 

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

Accomplishment Instructions of CFM 

International, S.A. SB No. CFM56–7B S/B 

72–0558, Revision 2, dated December 1, 

2008. 

(4) Use paragraphs 3.A. through 3.A.(7)(d) 

of the Accomplishment Instructions of CFM 

International, S.A. SB No. CFM56–7B S/B 

72–0558, Revision 2, dated December 1, 

2008, to do the ECIs. 

(5) Remove LP turbine rear frames from 

service that have a total cumulated crack 

length at any location, of 0.43 inch (11 mm) 

or longer. 

Alternative Methods of Compliance 

(i) 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 

(j) European Aviation Safety Agency AD 

2009–0009, dated January 15, 2009, also 

addresses the subject of this AD. 

(k) Contact CFM International, Technical 

Publications Department, 1 Neumann Way, 

Cincinnati, OH 45215; telephone (513) 552– 

2800; fax (513) 552–2816, for a copy of the 

service information identified in this AD. 

(l) Contact Antonio Cancelliere, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: antonio.cancelliere@faa.gov; 

238–7751; fax (781) 238–7199, for more 

information about this AD. 

Issued in Burlington, Massachusetts, on 

May 4, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–10956 Filed 5–8–09; 8:45 am] 

BILLING CODE 4910–13–P