The Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom (UK), notified the FAA that an unsafe condition may exist on BAe/SNIAS Concorde Type 1 airplanes with Olympus 593 Mk. 610-14-28 turbojet engines installed. The CAA advises that BAe/SNIAS Concorde Type 1 airplanes that have been modified in accordance with Airbus Concorde service bulletins No.'s SST 57-078, SST 57-079, SST 57-080, and SST 57-082, have undergone mandatory modification to install Viton and Kevlar liner materials to the fuel tanks. This mandatory modification action resulted from an airplane crash.
The modification is necessary, and will minimize a fuel leak from the airframe in case of puncture of the airframe skin. After one of the airplanes re-entered service, a Kevlar fiber was found in one of the engine fuel systems during fuel filter inspection. This fiber came from one of the modified fuel tanks, and was positioned partially through the fuelfilter mesh. The CAA and RR advise that additional kevlar fibers could wash away from tank liners into all four engine fuel systems on the airplane. That condition, if not corrected, could cause contamination of any or all of the four airplane engine fuel control units, causing power loss or one or more engines to shutdown.
Manufacturer's Service Information
RR has issued Olympus 593 Mandatory Service Bulletin (MSB) No. OL.593-73-9093-109, Revision 1, dated November 23, 2001, that specifies instructions for initial and repetitive engine fuel filter inspections and fuel sample analysis. The CAA classified this service bulletin as mandatory and issued AD 004-11-2001 in order to ensure the airworthiness of these RR engines in the UK.
Bilateral Airworthiness Agreement
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.
FAA's Determination of an Unsafe Condition and Required Actions
Although none of these affected engines are used on any airplanes that are registered in the United States, the possibility exists that these engines could be used on airplanes that are registered in the United States in the future. Since an unsafe condition has been identified that is likely to exist or develop on other RR Olympus 593 Mk. 610-14-28 turbojet engines of the same type design, this AD is being issued to prevent contamination of any or all of the four airplane engine fuel control units, causing power loss or one or more engines toshutdown. This AD requires initial and repetitive engine fuel filter inspections and fuel sample analysis. The actions must be done in accordance with the service bulletin described previously.
Immediate Adoption of This AD
Since there are currently no domestic operators of this engine model, notice and opportunity for prior public comment are unnecessary. Therefore, a situation exists that allows the immediate adoption of this regulation.
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 Number2002-NE-30-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 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. 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 adding the following new airworthiness directive: