36422 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Proposed Rules 

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– 

2009–0606; Directorate Identifier 2009– 

NE–11–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this 

airworthiness directive (AD) action by 

September 21, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to CFM International 

S.A. model CFM56–3B1 and -3B2 turbofan 

engines with 25 degrees midspan shroud fan 

blades, part numbers (P/Ns) 9527M99P08, 

9527M99P09, 9527M99P10, 9527M99P11, 

1285M39P01, or fan blade pairs, P/Ns 335– 

088–901–0, 335–088–902–0, 335–088–903–0, 

and 335–088–904–0 installed. These engines 

are installed on, but not limited to, Boeing 

737 series airplanes. 

Unsafe Condition 

(d) This AD results from a report of a failed 

fan blade with severe out-of-limit wear on the 

underside of the blade platform where it 

contacts the damper. We are issuing this AD 

to prevent failure of multiple fan blades, 

which could result in an uncontained failure 

of the engine 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. 

Inspection for Wear 

(f) Within 3,000 cycles-in-service after the 

effective date of this AD, perform an on-wing 

or in-shop inspection of the fan blade and 

damper for wear. Use paragraph 3. 

Accomplishment Instructions of CFM 

International Service Bulletin (SB) CFM56–3/ 

3B/3C S/B 72–1067, dated February 15, 2007. 

(g) If you find wear, perform additional 

inspections as specified in paragraph 3. 

Accomplishment Instructions of CFM 

International SB CFM56–3/3B/3C S/B 72– 

1067, dated February 15, 2007. 

(h) Thereafter, within intervals not to 

exceed 3,000 cycles-since-last inspection, 

perform an on-wing or in-shop inspection for 

wear. Use paragraph 3. Accomplishment 

Instructions of CFM International SB 

CFM56–3/3B/3C S/B 72–1067, dated 

February 15, 2007. 

(i) If you find wear, perform additional 

inspections as specified in paragraph 3. 

Accomplishment Instructions of CFM 

International SB CFM56–3/3B/3C S/B 72– 

1067, dated February 15, 2007. 

Installation Prohibition 

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

install any 25 degrees midspan shroud fan 

blades, P/Ns 9527M99P08, 9527M99P09, 

9527M99P10, 9527M99P11, 1285M39P01, or 

fan blade pairs, P/Ns 335–088–901–0, 335– 

088–902–0, 335–088–903–0, and 335–088– 

904–0, unless they have passed an inspection 

specified in paragraph 3. Accomplishment 

Instructions of CFM International SB 

CFM56–3/3B/3C S/B 72–1067, dated 

February 15, 2007. 

Optional Terminating Action 

(k) Replacing the 25 degrees midspan 

shroud fan blade set with a 37 degrees 

midspan shroud fan blade set terminates the 

repetitive inspection requirements specified 

in paragraph (h) of this AD. 

Alternative Methods of Compliance 

(l) 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 

(m) Contact Stephen K. Sheely, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine & 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. 

(n) CFM International SB CFM56–3/3B/3C 

S/B 72–1067, dated February 15, 2007, 

pertains to the subject of this AD. Contact 

CFM International, S. A., Technical 

Publication Department, 1 Neumann Way, 

Cincinnati, OH 45215; telephone (513) 552– 

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

service information. 

(o) EASA airworthiness directive 2009– 

0036, dated February 20, 2009, also addresses 

the subject of this AD. 

Issued in Burlington, Massachusetts, on 

July 16, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–17473 Filed 7–22–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0674; Directorate 

Identifier 2009–NE–25–AD] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

plc RB211 Trent 800 Series Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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: Under certain ambient 

conditions, ice can accumulate on the 

walls of the fuel pipes within the 

aircraft fuel system, which can then be 

released downstream when fuel flow 

demand is increased. This released ice 

can then collect on the fuel-to-oil heat 

exchanger (FOHE) front face and limit 

fuel flow through the FOHE. 

We are proposing this AD to prevent 

ice from blocking the FOHE, which 

could result in an unacceptable engine 

power loss, and loss of control of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by August 24, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• 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. 

Contact Rolls-Royce plc, P.O. Box 31, 

DERBY, DE24 8BJ, UK; telephone 44 (0) 

1332 242424; fax 44 (0) 1332 249936, for 

the service information identified in this 

proposed AD. 

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. 

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: 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Proposed Rules 36423 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0674; Directorate Identifier 

2009–NE–25–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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). 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2009–0142, 

dated July 13, 2009 (referred to after this 

as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

This Airworthiness Directive has been 

raised following an incident involving dual 

loss of engine response in the final stages of 

approach leading to touchdown short of the 

runway. The phenomenon involved in the 

loss of engine response has also been seen in 

flight affecting just one engine. 

Post incident analysis and investigation 

has established that, under certain ambient 

conditions, ice can accumulate on the walls 

of the fuel pipes within the aircraft fuel 

system, which can then be released 

downstream when fuel flow demand is 

increased. This released ice can then collect 

on the FOHE front face and limit fuel flow 

through the FOHE. This type of icing event 

was previously unknown and creates ice 

concentrations in the fuel system beyond 

those specified in the certification 

requirements. 

To mitigate the risk of engine FOHE 

blockage, this AD would require 

replacing the FOHE, part number (P/N) 

55003001–1 or 55003001–11, with a 

FOHE that has a P/N, or equivalent, not 

listed in this proposed AD. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Rolls-Royce plc has issued Alert 

Service Bulletin RB.211–79–AG257, 

dated June 24, 2009. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of the United 

Kingdom, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the United 

Kingdom, they have notified us of the 

unsafe condition described in the MCAI 

and service information referenced 

above. We are proposing this AD 

because we evaluated all information 

provided by EASA, and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. 

Differences Between This AD and the 

MCAI or Service Information 

The EASA AD 2009–01421, dated July 

13, 2009, requires replacing the FOHE 

within 6,000 flight hours from July 10, 

2009 or before January 1, 2011, 

whichever occurs first. This proposed 

AD would require replacing the FOHE 

within 6,000 flight hours after the 

effective date of the proposed AD, but 

no later than January 1, 2011. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 138 products of U.S. 

registry. We also estimate that it would 

take about 8.5 work-hours per product 

to comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Required parts would cost about 

$11,260 per product. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$1,647,720. 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 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 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. 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 proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA 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 AD: 

Rolls-Royce plc: Docket No. FAA–2009– 

0674; Directorate Identifier 2009–NE– 

25–AD. 

Comments Due Date 

(a) We must receive comments by August 

24, 2009. 

Affected Airworthiness Directives (ADs) 

(b) None. 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
36424 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Proposed Rules 

Applicability 

(c) This AD applies to Rolls-Royce plc 

models RB211 Trent 875–17, –877–17, –884– 

17, –884B–17, –892–17, –892B–17, and 

–895–17 turbofan engines with fuel-to-oil 

heat exchangers, part numbers 55003001–1 

and 55003001–11, installed. These engines 

are installed on, but not limited to, Boeing 

777 series airplanes. 

Reason 

(d) This AD results from the risk of engine 

fuel-to-oil heat exchanger (FOHE) blockage. 

We are issuing this AD to prevent ice from 

blocking the FOHE, which could result in an 

unacceptable engine power loss, and loss of 

control of the airplane. 

Actions and Compliance 

(e) Unless already done, within 6,000 flight 

hours after the effective date of this AD, but 

no later than January 1, 2011, replace the 

FOHE, P/N 55003001–1 or 55003001–11, 

with an FOHE that does not have a P/N or 

equivalent listed in this AD. 

FAA AD Differences 

(f) This AD differs from the Mandatory 

Continuing Airworthiness Information 

(MCAI) by requiring replacing the FOHE 

within 6,000 flight hours after the effective 

date of this AD, but no later than January 1, 

2011. 

Other FAA AD Provisions 

(g) 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 

(h) Refer to MCAI Airworthiness Directive 

2009–0142, dated July 13, 2009, and RollsRoyce plc Alert Service Bulletin RB.211–79– 

AG257, dated June 24, 2009, for related 

information. Contact Rolls-Royce plc, P.O. 

Box 31, DERBY, DE24 8BJ, UK; telephone 44 

(0) 1332 242424; fax 44 (0) 1332 249936, for 

a copy of this service information. 

(i) 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. 

Issued in Burlington, Massachusetts, on 

July 17, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–17470 Filed 7–22–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–327] 

Schedules of Controlled Substances: 

Placement of Fospropofol Into 

Schedule IV 

AGENCY: Drug Enforcement 

Administration, Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule is issued 

by the Deputy Administrator of the Drug 

Enforcement Administration (DEA) to 

place the substance fospropofol, 

including its salts, isomers and salts of 

isomers whenever the existence of such 

salts, isomers, and salts of isomers is 

possible, into schedule IV of the 

Controlled Substances Act (CSA). This 

proposed action is based on a 

recommendation from the Acting 

Assistant Secretary for Health of the 

Department of Health and Human 

Services (DHHS) and on an evaluation 

of the relevant data by DEA. If finalized, 

this action would impose the regulatory 

controls and criminal sanctions of 

schedule IV on those who handle 

fospropofol and products containing 

fospropofol. 

DATES: Written comments must be 

postmarked on or before August 24, 

2009, and electronic comments must be 

sent on or before midnight Eastern time 

August 24, 2009. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–327’’ on all written and 

electronic correspondence. Written 

comments sent via regular or express 

mail should be sent to the Drug 

Enforcement Administration, Attention: 

DEA Federal Register Representative/ 

ODL, 8701 Morrissette Drive, 

Springfield, Virginia 22152. Comments 

may be sent to DEA by sending an 

electronic message to 

dea.diversion.policy@usdoj.gov. 

Comments may also be sent 

electronically through http:// 

www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document is also available at the 

http://www.regulations.gov Web site. 

DEA will accept electronic comments 

containing Microsoft Word, 

WordPerfect, Adobe PDF, or Excel file 

formats only. DEA will not accept any 

file format other than those specifically 

listed here. 

Please note that DEA is requesting 

that electronic comments be submitted 

before midnight Eastern Time on the 

day the comment period closes because 

http://www.regulations.gov terminates 

the public’s ability to submit comments 

at midnight Eastern time on the day the 

comment period closes. Commenters in 

time zones other than Eastern time may 

want to consider this so that their 

electronic comments are received. All 

comments sent via regular or express 

mail will be considered timely if 

postmarked on the day the comment 

period closes. 

FOR FURTHER INFORMATION CONTACT: 

Christine A. Sannerud, Ph.D., Chief, 

Drug and Chemical Evaluation Section, 

Office of Diversion Control, Drug 

Enforcement Administration, 8701 

Morrissette Drive, Springfield, Virginia 

22152, Telephone: (202) 307–7183. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments: Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at http://www.regulations.gov 

and in the DEA’s public docket. Such 

information includes personal 

identifying information (such as your 

name, address, etc.) voluntarily 

submitted by the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all the personal identifying information 

you do not want posted online or made 

available in the public docket in the first 

paragraph of your comment and identify 

what information you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted online or made 

available in the public docket. 

Personal identifying information and 

confidential business information 

identified and located as set forth above 

will be redacted and the comment, in 

redacted form, will be posted online and 

placed in the DEA’s public docket file. 

Please note that the Freedom of 


erowe on DSK5CLS3C1PROD with PROPOSALS-1