Unknown. Final rule; request for comments

5,066 words·~23 min read·/register/2004/12/29/04-28144·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2004-12-29.xml --- 69 249 Wednesday, December 29, 2004 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-28426 78036-78038 04-28427 04-28428 04-28464 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 77982-77983 04-28541 04-28542 CITA Committee for the Implementation of Textile Agreements NOTICES Chinese imports; safeguard actions, 77998-77999 E4-3869 Cotton, wool, and man-made textiles:

Philippines, 78000-78001 E4-3871 Thailand, 78000 E4-3870 Textile and apparel categories: Chinese imports; safeguard actions, 78001 04-28525 Corporation Corporation for National and Community Service NOTICES Organization, functions, and authority delegations: Inspector General, 78001-78002 04-28446 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions: Heavenly Delights et al., 77983-77984 04-28490 Education Education Department PROPOSED RULES Special education and rehabilitative services:

Individuals with Disabilities Education Act (IDEA)— Regulatory issues, 77968-77969 04-28503 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Hanford Site, WA, 78003 04-28535 Idaho National Engineering and Environmental Laboratory, ID, 78002-78003 04-28533 Oak Ridge Reservation, TN, 78002 04-28534 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

District of Columbia, 77903-77909 04-28353 04-28355 Virginia, 77900-77903, 77909-77912 04-28351 04-28357 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: District of Columbia, 77970-77972 04-28354 04-28356 Virginia, 77969-77970, 77972 04-28352 04-28358 Committees; establishment, renewal, termination, etc.: Detection and Quantification Procedures and Uses in Clean Water Act Programs Federal Advisory Committee; meeting, 77972-77974 04-28497 NOTICES Hazardous waste:

Land disposal restrictions; exemption petitions— Onyx Environmental Services, LLC, 78015-78016 04-28496 Pesticide, food, and feed additive petitions: Interregional Research Project (No. 4), 78017-78020 04-28499 Pesticide registration, cancellation, etc.: Thermo Trilogy Corp. et al., 78016-78017 04-28202 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Rolls-Royce plc, 77881-77885 04-28144 PROPOSED RULES Airworthiness directives:

Hartzell Propeller Inc., 77961-77965 04-28492 FCC Federal Communications Commission RULES Common carrier services: Interconnection— Incumbent local exchange carriers unbounding obligations; local competition provisions; wireline services offering advanced telecommunications capability, 77950-77954 04-28531 Local telephone competition and broadband reporting, 77912-77938 04-28415 Radio services, special: Advanced wireless services, 77938-77950 04-28420 Television stations; table of assignments:

Florida, 77954-77955 04-28425 PROPOSED RULES Radio stations; table of assignments: Arkansas, 77975-77976 04-28424 Minnesota, 77977 04-28422 North Carolina, 77977-77978 04-28416 Texas, 77976 04-28423 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-28421 78020-78024 04-28526 04-28527 04-28528 04-28530 Committees; establishment, renewal, termination, etc.: Consumer Advisory Committee, 78024-78025 04-28529 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas:

West Virginia, 78039-78040 04-28472 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed: Entergy Nuclear Operations, Inc., et al., 78009-78010 E4-3882 Electric rate and corporate regulation filings, 78010-78013 E4-3860 E4-3861 Environmental statements; availability, etc.: Northern States Power Co., 78013-78014 E4-3852 Public Utility District No. 2 of Grant County, WA, 78014 E4-3851 Reports and guidance documents; availability, etc.: Wind energy in wholesale electricity markets; technical conference report, 78014-78015 E4-3859 *Applications, hearings, determinations, etc.:* BS Energy LP, 78003-78004 E4-3883 Destin Pipeline Co., L.L.C., 78004 E4-3854 Duke Power, E4-3845 78004-78005 E4-3848 Enbridge Pipelines (KPC), 78005 E4-3841 Entergy Nuclear Operations, Inc., et al., 78005 E4-3850 Entergy Services, Inc., E4-3842 78006 E4-3846 Gas Transmission Northwest Corp., 78006 E4-3857 Great Lakes Gas Transmission LP, 78006-78007 E4-3881 North Baja Pipeline, LLC, 78007 E4-3856 Northern Border Pipeline Co., 78007 E4-3855 Northern Natural Gas Co., 78007-78008 E4-3853 Panhandle Eastern Pipe Line Co., LP, 78008 E4-3858 Pastoria Energy Center, LLC, 78008 E4-3884 Pinnacle West Capital Corp. et al., 78009 E4-3844 Puget Sound Energy, Inc., 78009 E4-3847 Southern Company Services, Inc., 78009 E4-3843 Xcel Energy Services, Inc., et al., 78009 E4-3849 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 78025 04-28466 Ocean transportation intermediary licenses:

Breakbulk Transportation Inc. et al., 78026 04-28467 Express Lanes International, Inc., et al., 78026 04-28469 Sage Freight Systems Inc., 78026 04-28468 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 78026 04-28650 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 78027-78028 04-28447 Banks and bank holding companies: Change in bank control, 04-28448 78028 04-28509 Formations, acquisitions, and mergers, 78028-78029 04-28449 04-28508 Correction, 78029 04-28450 FTC Federal Trade Commission NOTICES Prohibited trade practices:

Genzyme Corp. et al., 78029-78032 04-28458 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: Transit assistance programs— Apportionments, allocations, and program information, 78203-78277 04-28408 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.: Love Canal, NY; restoration plan, 78045 04-28498 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Sponsor name and address changes— Pharmacia & Upjohn Co., 77897-77898 04-28461 Biological products:

Bacterial vaccines and toxoids; efficacy review implementation Withdrawn, 78279-78280 04-28459 Food additives: Paper and paperboard components— Butanedioic acid, etc.; CFR correction, 77897 04-55521 Medical devices: Cardiovascular and neurological devices— Embolization devices; reclassification, 77898-77900 04-28437 PROPOSED RULES Biological products: Bacterial vaccines and toxoids; efficacy review implementation, 78280-78293 04-28322 NOTICES Reports and guidance documents; availability, etc.:

Live and perishable fish and fishery products certification for export to European Union and European Free Trade Association; Seafood Inspection Program, 78038 04-28573 Medical devices— Vascular and neurovascular embolization devices; Class II special controls, 78038-78039 04-28438 Food Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission— Food Labeling Committee, 77981-77982 04-28465 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Alabama Mobis Alabama, LLC; automotive components and subassemblies manufacturing plant, 77984 04-28433 Ohio, 77984-77986 04-28431 04-28432 Pennsylvania Mitsubishi Electronic Power Products, Inc.; circuit breakers manufacturing facilities, 77986 04-28435 Texas ExxonMobil Corp.; oil refinery complex, 77986 04-28434 Various States Oil/petrochemical refinery subzone activity; review, 77986-77987 04-28436 Forest Forest Service NOTICES Meetings:

Lake Tahoe Basin Federal Advisory Committee, 77982 04-28489 GSA General Services Administration PROPOSED RULES Privacy Act; implementation, 77974-77975 04-28182 NOTICES Federal travel: Per diem— New York; maximum rates, 78032-78033 04-28494 Meetings: Common identification standard for Federal employees and contractors, 78033-78034 04-28493 Privacy Act: Systems of records, 78034-78035 04-26456 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration Historic Historic Preservation, Advisory Council NOTICES National Historic Preservation Act:

Interstate Highway System; historic preservation review process requirement; exemption, 77979-77981 04-28483 Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: HOPE VI Revitalization of Severely Distressed Public Housing Program; correction, 78099-78141 04-28217 Multifamily Housing Projects— Emergency Capital Repair for Occupancy by Elderly Tenants, 78040-78045 04-28441 Indian Indian Affairs Bureau NOTICES Tribal-State Compacts approval;

Class III (casino) gambling: Puyallup Tribe of Indians, WA, 78045-78046 04-28506 Industry Industry and Security Bureau RULES Export administration regulations: Commerce Control List— Australia Group understandings and intersessional decision; clarifications, corrections, and Chemical Weapons Convention membership additions, 77890-77896 04-28538 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes:

Retirement plans; cash or deferred arrangements and matching or employee contributions, 78143-78201 04-28011 International International Trade Administration NOTICES Antidumping: Carbazole violet pigment 23 from— China, 77987-77988 04-28520 India, 77988-77989 04-28521 Gray Portland cement and clinker from— Mexico, 77989-77990 E4-3874 Petroleum wax candles from— China, 77990-77993 E4-3867 Solid urea from— Various countries, 77993-77994 E4-3873 Countervailing duties: Carbazole violet pigment 23 from— India, 77995-77996 04-28519 Hot-rolled carbon steel flat products from— Thailand, 77996-77997 E4-3872 Stainless steel sheet and strip in coils from— Italy, 78091-78093 E4-3863 *Applications, hearings, determinations, etc.:* Oklahoma Medical Research Foundation, 77994 04-28523 University of— Iowa et al., 77994-77995 04-28524 Virginia Commonwealth University, 77995 04-28522 Justice Justice Department NOTICES Pollution control; consent judgments:

Alcan Aluminum Corp., 78046 04-28536 Macaulay, 78046 04-28537 Labor Labor Department See Mine Safety and Health Administration Libraries Libraries and Information Science, National Commission See National Commission on Libraries and Information Science Mine Mine Safety and Health Administration NOTICES Mining products; testing, evaluation, and approval; user fee adjustments, 78046-78047 04-28452 Safety standard petitions: St. Lawrence Zinc Co. et al., 78047-78048 04-28475 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission NASA National Aeronautics and Space Administration NOTICES Inventions, Government-owned; availability for licensing, 04-28510 78048-78050 04-28511 04-28512 04-28514 04-28515 04-28516 04-28517 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Intaka Corp., 78050 04-28518 National Commission National Commission on Libraries and Information Science NOTICES Meetings, 78048 04-28507 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic bluefish, 77955 04-28513 NOTICES Meetings: Commercial Remote Sensing Advisory Committee, 77997 04-28488 Permits: Marine mammals, 77997-77998 04-28540 Scientific research, 77998 04-28539 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 78050-78051 04-28453 Meetings:

USEC American Centrifuge Plant, OH; construction, operation, and future decommissioning; environmental review, 78058-78059 04-28455 *Applications, hearings, determinations, etc.:* AmerGen Energy Co., LLC, 78051-78055 04-28454 04-28456 Calvert Cliffs Nuclear Power Plant, Inc., 78056-78058 04-28457 Nuclear Nuclear Waste Technical Review Board PROPOSED RULES Freedom of Information Act; implementation: Public information and requests, 77956-77961 04-28342 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 78060-78063 E4-3868 E4-3879 Boston Stock Exchange, Inc., 78063-78068 E4-3877 04-28477 04-28482 Chicago Board Options Exchange, Inc., 78068-78073 E4-3878 E4-3880 04-28476 04-28480 Fixed Income Clearing Corp., 78073-78074 E4-3866 International Securities Exchange, Inc., 78075-78076 E4-3864 National Association of Securities Dealers, Inc., 78076-78082 04-28442 04-28443 04-28478 National Stock Exchange, 78082-78084 E4-3865 New York Stock Exchange, Inc., 78084-78085 04-28481 Options Clearing Corp., 78085-78086 E4-3862 Philadelphia Stock Exchange, Inc., 78086-78091 E4-3876 04-28479 *Applications, hearings, determinations, etc.:* Merrill Lynch, Pierce, Fenner & Smith, Inc., 78059-78060 E4-3875 Social Social Security Administration NOTICES Grant and cooperative agreement awards:

Work Incentives Assistance Program; State protection and advocacy systems grants, 78093-78094 04-28471 Meetings: Benefits Planning, Assistance and Outreach Program, 78094 04-28470 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Oklahoma, 77965-77968 04-28485 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: South Dakota, 78095-78096 04-28336 South Dakota and MRC Regional Railroad Authority, 78096-78097 04-28335 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES United States-Israel Free Trade Area Implementation Act:

Qualifying industrial zones; designation, 78094-78095 04-28445 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See Surface Transportation Board RULES Air travel; nondiscrimination on basis of disability: Disability related complaints; reporting requirements, 77885-77890 04-28543 Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Housing and Urban Development Department, 78099-78141 04-28217 Part III Treasury Department, Internal Revenue Service, 78143-78201 04-28011 Part IV Transportation Department, Federal Transit Administration, 78203-78277 04-28408 Part V Health and Human Services Department, Food and Drug Administration, 78279-78293 04-28322 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 69 249 Wednesday, December 29, 2004 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2000-NE-62-AD; Amendment 39-13915; AD 2004-26-03] RIN 2120-AA64 Airworthiness Directives;

Rolls-Royce plc RB211 Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is superseding an existing airworthiness directive

(AD)for Rolls-Royce plc

(RR)models RB211-535E4-37, RB211-535E4-B-37, RB211-535C-37, RB211-535E4-B-75, and RB211-22B-02 turbofan engines. That AD currently requires inspecting certain high pressure

(HP)turbine discs, manufactured between 1989 and 1999, for cracks in the rim cooling air holes, and, if necessary, replacing the disc's serviceable parts. This AD requires the same actions but at reduced compliance schedules and adds the RR model RB211-535E4-C turbofan engine to the applicability. This AD results from a report of cracks in a model RB211-524 HP turbine disc that had propagated further than expected. We are issuing this AD to prevent possible disc failure, which could result in an uncontained engine failure and damage to the airplane. DATES: Effective January 13, 2005. The incorporation by reference of certain publications listed in the AD is approved by the Director of the Federal Register as of January 13, 2005. We must receive any comments on this AD by February 28, 2005. On December 24, 2001 (66 FR 57859, November 19, 2001), the Director of the Federal Register approved the incorporation by reference of certain other publications, as listed in the regulations. ADDRESSES: Use one of the following addresses to comment on this AD: • By mail: Federal Aviation Administration (FAA), New England Region, Office of the Regional Counsel, Attention: Rules Docket No. 2000-NE-62-AD, 12 New England Executive Park, Burlington, MA 01803-5299. • By fax:

(781)238-7055. • By e-mail: *9-ane-adcomment@faa.gov.* You can get the service information referenced in this AD from Rolls-Royce plc, PO Box 31, Derby, England; telephone: 011 44 1332-249428, fax: 011 44 1332-249223. You may examine the AD docket, by appointment, at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA. FOR FURTHER INFORMATION CONTACT: Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803-5299; telephone

(781)238-7178, fax

(781)238-7199. SUPPLEMENTARY INFORMATION: On November 5, 2001, the FAA issued AD 2001-23-02, Amendment 39-12499 (66 FR 57859, November 19, 2001), for RR models RB211-535E4-37, RB211-535E4-B-37, RB211-535C-37, RB211-535E4-B-75, and RB211-22B-02 turbofan engines. That AD requires inspecting certain HP turbine discs, manufactured between 1989 and 1999, for cracks in the rim cooling air holes, and, if necessary, replacing the discs with serviceable parts. That AD resulted from reports of cracks in rim cooling air holes in two high-life RR Trent 800 discs. That condition, if not corrected, could result in possible disc failure, which could result in an uncontained engine failure and damage to the airplane. Actions Since AD 2001-23-02 Was Issued Since that AD was issued, the Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom, recently notified the FAA that an unsafe condition may exist on Rolls-Royce plc models RB211-535E4-37, RB211-535E4-B-37, RB211-535C-37, RB211-535E4-B-75, and RB211-535E4-C series turbofan engines. The CAA advises that cracks in a model RB211-524 HP turbine disc had propagated further than expected based on recent inspection findings and a re-assessment of the disc lifing model used to define the inspection thresholds in AD 2001-23-02. This AD requires inspection of certain HP turbine discs, manufactured between 1989 and 1999, for cracks in the rim cooling air holes, and, if necessary, replacement with serviceable parts. We are reducing the inspection schedules required by AD 2001-23-02, for the high risk discs which includes all models except for model RB211-22B-02 engines and adds the RB211-535E4-C due to manufacture at the same facility as the Trent 800 discs using the same tooling. Discs used in the model RB211-535 engines have a significantly higher HP turbine life than those used in the RB211-524 and operate in a harsher environment. Therefore, although the cracking of the rim cooling air holes will not affect the safe operation of the RB211-524 discs, the 535 discs are at higher risk of failure and the inspection intervals must be reduced. This AD retains the same inspection schedules, currently required for the model RB211-22B-02 engine, that were in AD 2001-23-02. The actions specified in this AD are intended to prevent possible disc failure, which could result in an uncontained engine failure and damage to the airplane. Bilateral Airworthiness Agreement This engine model is manufactured in the United Kingdom 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. Under this bilateral airworthiness agreement, the CAA has kept the FAA informed of the situation described above. We have 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 and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other RR models RB211-535E4-37, RB211-535E4-B-37, RB211-535C-37, RB211-535E4-B-75, RB211-535E4-C, and RB211-22B-02 turbofan engines of the same type design. We are issuing this AD to prevent possible disc failure, which could result in an uncontained engine failure and damage to the airplane. This AD requires inspection of certain HP turbine discs, manufactured between 1989 and 1999, for cracks in the rim cooling air holes, and, if necessary, replacement with serviceable parts. FAA's Determination of the Effective Date Since an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for public comment before issuing this AD are impracticable, and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to make any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include “AD Docket No. 2000-NE-62-AD” in the subject line of your comments. If you want us to acknowledge receipt of your mailed comments, send us a self-addressed, stamped postcard with the docket number written on it; we will date-stamp your postcard and mail it back to you. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. If a person contacts us verbally, and that contact relates to a substantive part of this AD, we will summarize the contact and place the summary in the docket. We will consider all comments received by the closing date and may amend the AD in light of those comments. Examining the AD Docket You may examine the AD Docket (including any comments and service information), by appointment, between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. See ADDRESSES for the location. 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 AD will not have federalism implications under Executive Order 13132. This AD will 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 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 summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include “AD Docket No. 2000-NE-62-AD” in your request. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under 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. The FAA amends § 39.13 by removing Amendment 39-12499 (66 FR 57859, November 19, 2001), and by adding a new airworthiness directive, Amendment 39-13915, to read as follows: **2004-26-03 Rolls-Royce plc:** Amendment 39-13915. Docket No. 2000-NE-62-AD. Supersedes AD 2001-23-02, Amendment 39-12499. Effective Date

(a)This airworthiness directive

(AD)becomes effective January 13, 2005. Affected ADs

(b)This AD supersedes AD 2001-23-02, Amendment 39-12499. Applicability

(c)This AD applies to Rolls-Royce plc

(RR)models RB211-535E4-37, RB211-535E4-B-37, RB211-535C-37, RB211-535E4-B-75, RB211-535E4-C, and RB211-22B-02 turbofan engines with turbine discs having part numbers and serial numbers listed in the following Tables 1, 3, and 5 of this AD. These turbofan engines are installed on, but not limited to, Boeing 757, Tupolev Tu204, and Lockheed L-1011 series airplanes. Unsafe Condition

(d)This AD results from a report of cracks, in an RB211 HP turbine disc, that had propagated further than expected. We are issuing this AD to prevent possible disc failure, which could result in an uncontained engine failure 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. Eddy Current Inspection for All Except Model RB211-22B-02

(f)For all except model RB211-22B-02 engines, do the following:

(1)Perform an eddy current inspection of the high pressure

(HP)turbine discs listed in Table 1 of this AD, for cracks in the rim cooling air holes. Use paragraph 3. of the Accomplishment Instructions of RR Alert SB No. RB.211-72-AE651, dated November 22, 2004, to perform the eddy current inspection. Table 1—Affected HP Turbine Discs Using Compliance Schedule in Table 2 Part No. Serial No. Part No. Serial No. LK80623 CQDY6397 UL27681 LDRCZ12893 LK80623 CQDY6504 UL27681 LDRCZ12985 UL27680 CQDY6451 UL27681 LDRCZ13044 UL27680 CQDY6452 UL27681 LDRCZ13047 UL27680 CQDY6466 UL27681 LQDY6803 UL27680 CQDY6468 UL27681 LQDY6814 UL27680 CQDY6471 UL27681 LQDY6847 UL27680 CQDY6496 UL27681 LQDY6868 UL27680 CQDY6505 UL27681 LQDY6875 UL27680 CQDY6653 UL27681 LQDY6892 UL27680 CQDY6656 UL27681 LQDY6898 UL27680 CQDY6657 UL27681 LQDY6904 UL27680 CQDY6684 UL27681 LQDY6909 UL27680 CQDY6883 UL27681 LQDY6910 UL27681 CQDY6465 UL27681 LQDY9133 UL27681 LAQDY6002 UL27681 LQDY9574 UL27681 LAQDY6083 UL27681 LQDY9579 UL27681 LAQDY6087 UL27681 LQDY9672 UL27681 LDRCZ10247 UL27681 LQDY9770 UL27681 LDRCZ10277 UL27681 LQDY9783 UL27681 LDRCZ10318 UL27681 LQDY9786 UL27681 LDRCZ10335 UL27681 LQDY9900 UL27681 LDRCZ10430 UL27681 LQDY9902 UL27681 LDRCZ10531 UL27681 LQDY9929 UL27681 LDRCZ10750 UL27681 LQDY9957 UL27681 LDRCZ10899 UL27681 LQDY9982 UL27681 LDRCZ11616 UL27681 LQDY9992 UL27681 LDRCZ11720 UL27681 WGQDY90005 UL27681 LDRCZ11893

(2)Use the compliance schedule in Table 2 of this AD. Table 2.—Compliance Schedule for HP Turbine Discs Listed in Table 1 If disc cycles-since-new

(CSN)on October 8, 2004 are: Then eddy current inspect:

(1)12,750 CSN or more Within 250 cycles-in-service

(CIS)from October 8, 2004 or within 14,500 CSN, whichever occurs first.

(2)Fewer than 12,750 CSN but 10,500 CSN or more Within 500 CIS from October 8, 2004.

(3)Fewer than 10,500 CSN Before 11,000 CSN or at next shop visit after the effective date of this AD, whichever occurs first.

(3)On discs that pass inspection, use paragraph 3. of the Accomplishment Instructions of RR Alert SB No. RB.211-72-AE651, dated November 22, 2004, to permanently etch NMSB 72-AE651 onto the disc, adjacent to the part number.

(4)Perform an eddy current inspection of the HP turbine discs listed in Table 3 of this AD, for cracks in the rim cooling air holes. Use paragraph 3. of the Accomplishment Instructions of RR Alert SB No. RB.211-72-AE651, dated November 22, 2004, to perform the eddy current inspection. Table 3.—Affected HP Turbine Discs Using Compliance Schedule in Table 4 Part No. Serial No. UL10323 CQDY6070 and higher. UL27680 All. UL27681 All. LK80622 LQDY6316 and higher. LK80623 CQDY5945 and higher. UL28267 All.

(5)Use the compliance schedule in Table 4 of this AD. Table 4.—Compliance Schedule for HP Turbine Discs Listed in Table 3 If disc cycles-since-new

(CSN)on January 29, 2001 are: Then eddy current inspect:

(1)Fewer than 13,700 CSN Before reaching 14,500 CSN, or at the next shop visit after the effective date of this AD, whichever occurs first.

(2)13,700 CSN or more Before reaching one of the following, whichever occurs first after the effective date of this AD:

(i)15,300 CSN.

(ii)Within 800 CIS since January 29, 2001.

(iii)At next shop visit.

(6)For discs that pass inspection, use paragraph 3. of the Accomplishment Instructions of RR Alert SB No. RB.211-72-AE651, dated November 22, 2004, to permanently etch NMSB 72-AE651 onto the disc, adjacent to the part number. Eddy Current Inspection for Model RB211-22B-02

(g)For model RB211-22B-02 engines, do the following:

(1)Perform an eddy current inspection of the HP turbine discs listed in Table 5 of this AD, for cracks in the rim cooling air holes. Use paragraph 3. of the Accomplishment Instructions of RR SB No. RB.211-72-C877, Revision 1, dated March 7, 2001, to perform the eddy current inspection. Table 5.—Affected HP Turbine Discs in RR Model RB211-02 Series Turbofan Engines Part No. Serial No. LK80622 LQDY6316 and higher. LK80623 CQDY5945 and higher. UL28267 All.

(2)Use the compliance schedule in Table 6 of this AD. Table 6.—Compliance Schedule for HP Turbine Discs Listed in Table 5 If disc cycles-since-new

(CSN)on December 24, 2001 are: Then eddy current inspect:

(1)11,000 CSN or fewer Before exceeding 11,000 CSN, or at the next shop visit after the effective date of this AD, whichever occurs first.

(2)More than 11,000 CSN Within 300 CIS after December 24, 2001.

(3)For discs that pass inspection, use paragraph 3. of the Accomplishment Instructions of RR SB No. RB.211-72-C877, Revision 1, dated March 7, 2001, to permanently etch NMSB 72-C877 onto the disc, adjacent to the part number. Other Conditions for All Engines

(h)Do not perform the actions of this AD to a disc until that disc has reached at least 1,500 CSN.

(i)Engines with an affected HP turbine disc at shop visit on the effective date of this AD and with the HPT rotor still removed from the combustor outer case, must have the disc eddy current inspected before assembling the engine.

(j)Engines with an affected HP turbine disc at shop visit on the effective date of this AD with the HPT rotor reinstalled in the combustor case need not have the disc eddy current inspected at this time.

(k)HP turbine discs previously eddy current inspected at fewer than 1,500 CSN must be inspected again using this AD.

(l)Replace cracked HP turbine discs with a serviceable disc. Definition

(m)For the purpose of this AD, next shop visit is defined as the first shop visit opportunity when the HPT rotor is removed from the combustion case.

(n)For the purpose of this AD, a serviceable part is one with cyclic life remaining and either not listed in any of the preceding tables or one listed in a preceding table, but previously eddy current inspected and permanently etch marked with the Service Bulletin

(SB)number NMSB 72-AE651 or NMSB 72-C877 on the disc. Previous Credit

(o)Previous credit is allowed for the actions in this AD for HP turbine discs with 1,500 CSN or more that were eddy current inspected using applicable RR SB No. RB.211-72-C817, Revision 2, dated March 7, 2001, RR TSD 594-J, Overhaul Processes Manual, Task 70-00-00-200-223, or RR SB No. RB.211-72-C877, Revision 1, dated March 7, 2001. Reporting Requirements

(p)For all except model RB211-22B-02 engines, report findings of the inspection using paragraph 3.E. of the Accomplishment Instructions of RR ASB RB.211-72-AE651, dated November 22, 2004. The Office of Management and Budget

(OMB)has approved the reporting requirements specified in paragraph 3.E. of the Accomplishment Instructions of RR ASB RB.211-72-AE651, dated November 22, 2004, and assigned OMB control number 2120-0056.

(q)For model RB211-22B-02 engines, report findings of the inspection using paragraph 3.E. of the Accomplishment Instructions of RR SB RB.211-72-C877, Revision 1, dated March 7, 2001. The Office of Management and Budget

(OMB)has approved the reporting requirements specified in paragraph 3.E. of the Accomplishment Instructions of RR SB RB.211-72-C877, Revision 1, dated March 7, 2001, and assigned OMB control number 2120-0056. Alternative Methods of Compliance

(r)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. Material Incorporated by Reference

(s)You must use the service information specified in Table 7 of this AD to perform the inspections required by this AD. The Director of the Federal Register approved the incorporation by reference of RR Alert SB No. RB.211-72-AE651, dated November 22, 2004, listed in Table 7 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The incorporation by reference of RR MSB No. RB.211-72-C877, Revision 1, dated March 7, 2001, was approved previously by the Director of the Federal Register as of December 24, 2001 (66 FR 57859, November 19, 2001). You can get a copy from Rolls-Royce plc, PO Box 31, Derby, England; telephone: 011 44 1332-249428, fax: 011 44 1332-249223, for a copy of this service information. You may review copies at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Table 7 follows: Table 7.—Incorporation by Reference Service bulletin Page numbers Revision Date RB.211-72-AE651 All Original November 22, 2004. Total Pages—7 RB.211-72-C877 All 1 March 7, 2001. Total Pages—5 Related Information

(t)CAA airworthiness directive G-2004-0027, dated November 19, 2004, also addresses the subject of this AD. Issued in Burlington, Massachusetts, on December 15, 2004. Francis A. Favara, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 04-28144 Filed 12-28-04; 8:45 am]

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