On June 11, 1996, the Federal Aviation Administration (FAA) issued airworthiness directive (AD) 96-13-04, Amendment 39-9672 (61 FR 36622, July 12, 1996), applicable to Rolls-Royce, plc (R-R) Model RB211-535E4 and -535E4-B turbofan engines, to require removing and replacing the existing rigid low pressure (LP) fuel system tube assembly, part number (P/N) UL16692, with tube assembly, P/N AE709623-1 or P/N 163521538, having flexible sections and revised clip points to preclude cracking and subsequent fuel leakage. That action was prompted by multiple reports of fuel leaks. That condition, if not corrected, could result in a fuel system leak, which could result in rapid atomization of fuel and an engine fire.
Since the issuance of that AD, the Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom (UK), received 11 reports of fuel leaks from flexible fuel tube assembly, P/N AE709623-1, installed in accordance with AD 96-13-04, including two inflight engine shutdowns, one go-around, and one diversion as of December 16, 1997. A failure of the flexible fuel tube assembly could result in high volume fuel leaks and reported fuel collection inside the engine nacelle, which could result in an uncontrolled engine fire.
This engine model is manufactured in the UK and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the CAA has kept the FAA informed of the situation described above. The FAA has examined the findings of the CAA, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States.
The FAA has reviewed and approved the technical contents of R-R Service Bulletin (SB) No. RB.211-73-C297, Revision 1, dated January 9, 1998, that describes procedures for replacing flexible fuel tube assembly, P/N AE709623-1, with an alternate flexible fuel tube assembly, P/N 163521538, that is not prone to rupture.
Since an unsafe condition has been identified that is likely to exist or develop on other engines of this same type design, this AD supersedes AD 96-13-04 to require replacing one of the flexible fuel tube assemblies, P/N AE709623-1, installed in accordance with AD 96-13-04 with an alternate flexible fuel tube assembly, P/N 163521538, that is not prone to rupture. This AD requires full compliance prior to exceeding 60 days after the effective date of the AD. The compliance time was established based upon the risk to flight safety and parts availability. This AD also requires, prior to further flight, replacement of any rigid fuel tubes that have not been removed from service in accordance with AD 96-13-04. These actions are required to be accomplished in accordance with the SB described previously.
Since a situation exists that requires immediate adoption of this regulation, notice and opportunity for prior public comment hereon is impracticable, and good cause exists for making this amendment effective in less than 30 days. Comments Invited
Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified under the caption "ADDRESSES." All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket Number 94-ANE-39." The postcard will be date stamped and returned to the commenter.
The regulations adopted herein will not have substantial direct effects on the States, on the relationship betweenthe national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a "significant regulatory action" under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES." List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to 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. Section 39.13 is amended by removing Amendment 39-9672 (61 FR 36622, July 12, 1996), and by adding a new airworthiness directive, Amendment 39-10426, to read as follows: