On November 21, 2002, the FAA issued AD 2002-24-06, Amendment 39-12971 (67 FR 71814, December 3, 2002) to require an initial inspection within 300 hours time-in-service (TIS) after the effective date of the AD, or one month after the effective date of the AD, whichever occurred first. That action was prompted by a report of a dual-engine flameout on a Fokker F.28 Mark 0100 airplane that resulted in a forced landing and destruction of the airplane. That condition, if not corrected, could result in a dual-engine flameout due to fuel exhaustion, which could lead to forced landing and possible damage to the airplane. The Luftfhart Bundesamt (LBA), which is the airworthiness authority for Germany, determined that a leak from the LP fuel tube, part number (P/N) JR33021A, which connects the LP fuel flowmeter to the high pressure (HP) fuel pump, resulted in complete fuel exhaustion and subsequent dual engine flameout.
Since AD 2002-24-06 was issued, the LBA hasnotified the FAA that the same unsafe condition may exist on RRD Model Tay 611-8 and 651-54 turbofan engines with Part 4 of RRD SB TAY-73-1194 incorporated.
Manufacturer's Service Information
RRD has issued SB TAY-73-1540, Revision 1, dated September 13, 2002, that specifies procedures for inspecting the LP fuel tube, P/N JR33021A, for fretting on Tay 620-15 and 650-15 turbofan engines. The LBA classified this service bulletin as mandatory and issued AD No. 2002-331, dated September 13, 2002, in order to ensure the airworthiness of these engines in Germany. RRD has also issued SB TAY- 73-1553, Revision 1, dated December 13, 2002, that specifies procedures for inspecting the LP fuel tube, P/N JR33021A, for fretting on Tay 611- 8 and 651-54 turbofan engines. The LBA classified this service bulletin as mandatory and issued AD No. 2002-358, dated November 28, 2002, in order to ensure the airworthiness of these RRD Model Tay 611-8 and 651- 54 turbofan engines in Germany.
Bilateral Airworthiness Agreement
These engine models are type certificated in Germany, and are 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 LBA has kept the FAA informed of the situation described above. The FAA has examined the findings of the LBA, 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.
FAA's Determination of an Unsafe Condition and Required Actions
Since an unsafe condition has been identified that is likely to exist or develop on other RRD Tay 611-8, 620-15, 650-15, and 651-54 turbofan engines of the same type design, this AD is being issued to prevent a dual-engine flameout due to fuel exhaustion, which could lead to forced landing and possible damage to the airplane. Since the effective date of AD 2002-24-06 was December 18, 2002, and all TAY 620- 15 and 650-15 engines should have completed the initial inspection, this AD requires:
An initial inspection of the LP fuel tube for fretting before further flight for Tay 620-15 and 650-15 turbofan engines.
An initial inspection of the LP fuel tube for fretting within 300 hours TIS or one month after the effective date of this AD, whichever occurs first for Tay 611-8 and 651-54 turbofan engines.
Repetitive inspections for fretting of the LP fuel tube within 2,000 hours TIS after the last inspection for Tay 611-8, 620-15, 650-15, and 651-54 turbofan engines.
The actions must be done in accordance with the service bulletins described previously. The inspections required by this AD are considered interim action, and further rulemaking actions may be taken.
Immediate Adoption of This AD
Since a situation exists that requires the immediate adoption of thisregulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that 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 action must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket Number 2002-NE-37-AD." The postcard will be date stamped and returned to the commenter.
Regulatory Analysis
This final rule does not have federalism implications, as defined in Executive Order 13132, because it would not have a substantial direct effect on theStates, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Accordingly, the FAA has not consulted with state authorities prior to publication of this final rule.
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 39-12971 (67 FR 71814, December 3, 2002) and by adding a new airworthiness directive, Amendment 39-13080, to read as follows: