Rule: Airworthiness Directives: Pratt & Whitney

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Federal Register / Vol. 70, No.

199 / Monday, October 17, 2005 / Rules and Regulations 60211

Note 3: MDHI Maintenance Manual CSP– temperature indicators on the No. 4 and 8 a.m. and 4:30 p.m., Monday through
HMI–2, Section 20–30–00 Main Rotor Blade 5 bearing compartment scavenge oil Friday, except Federal holidays. See
Painting pertains to the subject of this AD. tube and performance of any necessary ADDRESSES for the location.
This section of the maintenance manual
corrective action. This AD requires
recommends painting the inboard 24 inches Comments
(not to be exceeded) of the blade gloss white installing and periodically inspecting
to aid in detecting a crack; and if this is done, two temperature indicators on all PW We provided the public the
painting all blades alike and rebalancing JT8D–200 series turbofan engines, opportunity to participate in the
them. including those incorporating high development of this AD. We have
Note 4: TEs are used only to establish an pressure turbine (HPT) containment considered the comments received.
additional inspection interval and not to hardware. This AD results from five
Concerns Over Considering the Engine
establish an alternative retirement life. uncontained HPT shaft failures. We are
Unserviceable
(d) To request a different method of issuing this AD to prevent oil fires and
compliance or a different compliance time the resulting fracture of the HPT shaft Four commenters state that an engine
for this AD, follow the procedures in 14 CFR which can result in uncontained release should not be considered unserviceable
39.19. Contact the Los Angeles Aircraft of engine fragments; engine fire; in- and the engine removed from service if
Certification Office, Transport Airplane flight engine shutdown; and possible both temperature indicators are missing.
Directorate, for information about previously airplane damage. The commenters state that we should
approved alternative methods of compliance.
DATES: This AD becomes effective allow installing new temperature
Note 5: Complying with the inspection indicators followed by a ground
procedures in the Accomplishment November 21, 2005. The Director of the
Instructions, paragraphs 2.B.(2). and 2.B.(3)., Federal Register approved the diagnostic test before further flight.
of MD Helicopter Inc. Service Bulletin (SB) incorporation by reference of certain One of those commenters states that
SB369H–245R2, SB369E–095R2, SB500N– publications listed in the regulations as considering the engine unserviceable
023R2, SB369D–201R2, SB369F–079R2, of November 21, 2005. imposes an undue hardship on
SB600N–031R2, dated February 4, 2004, ADDRESSES: You can get the service operators. If one of the indicators is
constitutes an approved alternative method information identified in this AD from missing, PW Alert Service Bulletin
of conducting the inspection required by (ASB) No. JT8D A5944 requires that the
paragraph (b) of this AD. Pratt & Whitney, 400 Main St., East
Hartford, CT 06108; telephone (860) engine be tested using specific
Note 6: Complying with the Inspection 565–7700, fax (860) 565–1605. instructions to determine its
Instructions procedures in paragraphs 2 and You may examine the AD docket at serviceability and the engine be
3 of HTC Mandatory SB, Notice No. 2100–
the FAA, New England Region, Office of dispositioned accordingly. The theory
3R3, dated January 5, 2004, constitutes an
approved alternative method of conducting the Regional Counsel, 12 New England used for one indicator missing is that
the inspection required by paragraph (b) of Executive Park, Burlington, MA. You the serviceability of the engine is now
this AD. may examine the service information, at questionable and the engine must be
(e) This amendment becomes effective on the FAA, New England Region, Office of proven serviceable before it can be
November 1, 2005. the Regional Counsel, 12 New England returned to service. The commenter
Issued in Fort Worth, Texas, on October 7, Executive Park, Burlington, MA. further states that any time engine
2005. FOR FURTHER INFORMATION CONTACT: serviceability is in question, it must be
David A. Downey, Keith Lardie, Aerospace Engineer, proven and cannot be assumed.
Engine Certification Office, FAA, Engine Requiring operators to remove the
Manager, Rotorcraft Directorate, Aircraft
Certification Service. and Propeller Directorate, 12 New engine from service, simply because
England Executive Park, Burlington, MA both of the indicators are missing, forces
[FR Doc. 05–20678 Filed 10–14–05; 8:45 am]
01803–5299; telephone (781) 238–7189, operators into a position without
BILLING CODE 4910–13–P
fax (781) 238–7199. recourse. The commenter further states
SUPPLEMENTARY INFORMATION: The FAA that this is the same condition already
DEPARTMENT OF TRANSPORTATION proposed to amend 14 CFR part 39 by covered when one indicator is missing.
superseding AD 97–19–13, Amendment The procedure to determine
Federal Aviation Administration 39–10134 (62 FR 49135, September 19, serviceability for both indicators
1997). The proposed AD applies to PW missing should follow the procedure for
14 CFR Part 39 JT8D–200 series turbofan engines. We one indicator missing but with minor
published the proposed AD in the changes.
[Docket No. 96–ANE–35–AD; Amendment
Federal Register on September 29, 2004 We agree. We have changed the
39–14339; AD 2005–21–01]
(69 FR 58099). That action proposed to compliance section of the AD to allow
RIN 2120–AA64 require installing and periodically a ground diagnostic test before further
inspecting two P/N 810486 temperature flight if both temperature indicators are
Airworthiness Directives; Pratt & missing.
indicators on all PW JT8D–200 series
Whitney JT8D–200 Series Turbofan
turbofan engines, including those AD Instructions Not Clear
Engines
incorporating HPT containment
AGENCY: Federal Aviation hardware. Thirteen HPT shaft fractures One commenter states that the AD
Administration (FAA), DOT. resulted in five uncontained HPT shaft instructions for a missing indicator are
ACTION: Final rule. failures. The HPT shafts fractured not clear. The instructions for one
through the No. 41⁄2 oil return holes due indicator missing assume that the
SUMMARY: This amendment supersedes to oil fires within the No. 4 and 5 missing indicator has a red window that
an existing airworthiness directive (AD) bearing compartment. has turned black. The commenter asks
that applies to Pratt & Whitney (PW) if the yellow window of the missing
JT8D–200 series turbofan engines. That Examining the AD Docket indicator should be assumed to be
AD currently requires installing and You may examine the AD Docket normal color or black. The condition of
periodically inspecting individual or (including any comments and service the remaining indicator would make a
sets of certain part number (P/N) information), by appointment, between difference as to whether a diagnostic

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60212 Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations

test may be run or if the engine must be false indication, a ground diagnostic test Alert Service Bulletin Is Too Precise
removed. should be allowed to return the engine One commenter states that paragraph
We agree. PW supplied better to service. 1.B of the Accomplishment Instructions
instructions in Revision 5 to PW ASB We partially agree. In most cases, of PW ASB No. A5944, Revision 4,
No. JT8D A5944, which we incorporated operators will be unable to show that dated April 8, 2004, is too precise for
by reference. For troubleshooting the source of black windows seen otherwise inaccurate temperature
purposes, any missing temperature during a visual inspection is indicator indicator measurements. The
indicator is assumed to have the same contamination or hot air impingement. commenter states that the ASB requires
indication as the remaining temperature Operators must follow all of the
indicator. Therefore, the results of the diagnostic tests in intervals from before
manufacturer’s instructions for further flight to 10, 20, or 25 hours or
visual inspection of the one remaining installation of temperature indicators to
temperature indicator should be cycles.
minimize false indications. We disagree. We used past failure
doubled. This should minimize operator
impact due to false indications. Troubleshooting On-Wing event field data to establish diagnostic
testing intervals. Temperature
Follow-Up Inspection Requirements Two commenters disagree with the indicators, although they do not provide
Too Restrictive last two dispositions in the table for an absolute temperature indication, are
Visual Inspection of Dual Window an effective method of determining the
One commenter states the follow-up
Indications, in Alert Service Bulletin health of the scavenge system. Requiring
inspection requirements for certain
(ASB) No. A5944, Revision 4, dated a full ground diagnostic test every 65
conditions are too restrictive. In the
April 8, 2004. Those dispositions state hours would be an unnecessary
cases where the proposed requirements
to remove the engine, whereas the other economic burden for the operators.
state to check the temperature indicators
dispositions in the table allow for Therefore, for different indicator
following every flight should be eased to
troubleshooting the engine on-wing. The conditions, depending on the severity of
require a check of the temperature
commenter states that troubleshooting the indications, different follow-on
indicators once a day. The commenter
for false indications should be also testing requirements are appropriate.
feels that the economic burden of
checking the indicators following every allowed for these two dispositions. Hot
air impingement could be more likely Concerns With ASB Instructions
flight outweighs the risk.
We disagree. An indicator with a due to close proximity to sources of One commenter states that the ASB
black window probably is a sign of an contamination and would lead to false instructions for manufacture of the
impending problem with the engine. indications. The commenter did not thermocouple are inaccurate and
The typical progression for the indicator supply any data or field experience to incomplete in some areas, and too
windows to change from normal tan support the concern. detailed in other areas. The instructions
color to black is as follows: One yellow, We disagree. The new mandatory specify too long a thermocouple and
two yellow, or two yellow with one or sealing instructions for the temperature provide no sealing instructions to
two red windows. Any combination indicators will prevent most false prevent oil from leaking past the
other than this progression is not indications. An indicator combination thermocouple. The instructions also are
expected and would signal that the of two yellow windows turned black so detailed for drilling the chip detector,
reliability of the engine is in question. with at least one red window turned that the operator is left few other
For example, if both red windows, black is not more likely a result of options. The commenter further states
which are rated about 50 degrees contamination due to hot air that PW should not mandate the brand
Fahrenheit hotter than the yellow impingement than any other situation of thermocouple. The commenter feels
windows, have turned black, but none involving indicators showing at least that operators should be given the intent
of the yellow windows have turned one black window. If one properly of the design specifications for installing
black, a problem may exist with the installs the temperature indicators, the a thermocouple, and be given flexibility
indicator installation, or hot air might last two dispositions involving to choose their own installation based
be impinging from a stuck carbon seal. temperature indicators with black on these requirements.
A ground diagnostic test cannot windows probably are a sign of a We agree. PW has revised the
accurately reproduce the symptom of a significant engine problem. Since instructions for the thermocouple,
stuck carbon seal. In one case following uncontained HPT shaft fractures which are in ASB No. JT8D A5944,
an indication of one yellow window and continue to occur, a more conservative Revision 5, dated October 3, 2005.
one red window turned black, a shaft approach is necessary to prevent their
future occurrence. Equivalent Parts
fracture occurred only two cycles after
a visual inspection, despite engine Use of an Immersion Thermocouple One commenter states that the use of
diagnostic test and other equivalent parts to temperature
troubleshooting. This type of failure will One commenter feels that an indicator, PW P/N 810486, should be
occur quickly, which is why intensive immersion thermocouple should be permitted. A parts manufacturer
inspections are required. allowed for all situations in which a approval (PMA)-equivalent, P/N 3641, is
window of a temperature indicator has available. The commenter also requests
Use of Dual-Window Temperature turned black. that the AD wording be changed so that
Indicators We disagree. An immersion it does not imply that the OEM is the
One commenter agrees with the thermocouple provides a more accurate only supplier of an approved
proposed AD that dual-window reading of temperature. However, an temperature indicator for this AD.
temperature indicators should be used immersion thermocouple can only be We partially agree. PMA parts are
and sealed to minimize false used during ground diagnostic tests and acceptable. But presently only one,
indications. The commenter further may not help detect in-flight issues that PMA P/N 3641, is available as a
states that in a situation where hot air cannot be reproduced on the ground, substitute for PW P/N 810486. We
impingement or indicator such as a stuck carbon seal. We did not changed the AD to include this PMA-
contamination is determined to cause a change the AD. equivalent.

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Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations 60213

Other Changes to the Compliance For the reasons discussed above, I Compliance
Section for Clarification certify that this AD: (e) You are responsible for having the
Several commenters suggest that the (1) Is not a ‘‘significant regulatory actions required by this AD performed within
Compliance section is unclear. We agree action’’ under Executive Order 12866; the compliance times specified unless the
(2) Is not a ‘‘significant rule’’ under actions have already been done.
that it could be clearer. We changed the
Compliance section to clarify the DOT Regulatory Policies and Procedures Installation of the Dual-Window
procedures. (44 FR 11034, February 26, 1979); and Temperature Indicators
(3) Will not have a significant
(f) Install two dual-window temperature
Conclusion economic impact, positive or negative, indicators on the No. 4 bearing compartment
We have carefully reviewed the on a substantial number of small entities scavenge oil tubes of PW JT8D–200 series
available data, including the comments under the criteria of the Regulatory turbofan engines within 90 days after the
received, and determined that air safety Flexibility Act. effective date of this AD.
and the public interest require adopting We prepared a summary of the costs (1) Use paragraph 1.A. of the
to comply with this AD and placed it in Accomplishment Instructions of PW Alert
the AD with the changes described Service Bulletin (ASB) No. JT8D A5944,
previously. We have determined that the AD Docket. You may get a copy of
this summary by sending a request to us Revision 5, dated October 3, 2005, to install
these changes will neither increase the the temperature indicators.
economic burden on any operator nor at the address listed under ADDRESSES.
(2) The use of part manufacturer approval
increase the scope of the AD. Include ‘‘AD Docket No. 96–ANE–35– (PMA)-equivalent temperature indicators,
AD’’ in your request. P/N 3641, made by Telatemp Corporation, is
Costs of Compliance acceptable.
List of Subjects in 14 CFR Part 39
There are about 2,345 PW JT8D–200 Initial Visual Inspection of the Dual-Window
series turbofan engines of the affected Air transportation, Aircraft, Aviation
safety, Incorporation by reference, Temperature Indicators
design in the worldwide fleet. We
Safety. (g) Perform initial visual inspection of the
estimate that 1,143 engines installed on dual-window temperature indicators
airplanes of U.S. registry would be Adoption of the Amendment installed in paragraph (f) of this AD within
affected by this AD. We also estimate 65 hours time-in-service (TIS) since
that it would take about 1 work hour per ■ Accordingly, under the authority installation.
engine to perform the actions, and that delegated to me by the Administrator, (h) If the color of any temperature indicator
the average labor rate is $65 per work the Federal Aviation Administration window has turned black, perform
hour. Required parts would cost about amends 14 CFR part 39 as follows: troubleshooting, diagnostic testing, and
$37 per engine. Based on these figures, corrective action as required, using paragraph
we estimate the total cost of the AD to PART 39—AIRWORTHINESS 1.B. of the Accomplishment Instructions of
DIRECTIVES PW ASB No. JT8D A5944, Revision 5, dated
U.S. operators to be $116,586. October 3, 2005.
Authority for This Rulemaking ■ 1. The authority citation for part 39 (i) If any temperature indicators are
continues to read as follows: missing:
Title 49 of the United States Code (1) If one temperature indicator is missing,
specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701.
inspect the remaining temperature indicator
rules on aviation safety. Subtitle I, § 39.13 [Amended] and perform troubleshooting, diagnostic
Section 106, describes the authority of testing, and corrective action as required,
■ 2. The FAA amends § 39.13 by using Paragraph B.2. of the Accomplishment
the FAA Administrator. Subtitle VII,
removing Amendment 39–10134 (62 FR Instructions of PW ASB No. JT8D A5944,
Aviation Programs, describes in more
49135, September 19, 1997) and by Revision 5, dated October 3, 2005.
detail the scope of the Agency’s
adding the following new airworthiness (2) If both temperature indicators are
authority.
We are issuing this rulemaking under directive: missing:
(i) Perform troubleshooting, diagnostic
the authority described in Subtitle VII, 2005–21–01 Pratt & Whitney: Amendment
testing, and corrective action as required,
Part A, Subpart III, Section 44701, 39–14339. Docket No. 96–ANE–35–AD.
using Figure 2 of the Accomplishment
‘‘General requirements.’’ Under that Effective Date Instructions of PW ASB No. JT8D A5944,
section, Congress charges the FAA with (a) This airworthiness directive (AD) Revision 5, dated October 3, 2005.
promoting safe flight of civil aircraft in becomes effective November 21, 2005. (ii) Perform both engine diagnostic tests as
air commerce by prescribing regulations specified in Figure 3 and Figure 4 of the
for practices, methods, and procedures Affected ADs Accomplishment Instructions of PW ASB No.
the Administrator finds necessary for (b) This AD supersedes AD 97–19–13, JT8D 5944, Revision 5, dated October 3,
safety in air commerce. This regulation Amendment 39–10134. 2005.
(iii) If the engine fails the diagnostic tests
is within the scope of that authority Applicability for red indicators, do not perform the test for
because it addresses an unsafe condition (c) This AD applies to Pratt & Whitney yellow indicators. Remove the engine from
that is likely to exist or develop on (PW) JT8D–200 series turbofan engines. service.
products identified in this rulemaking These engines are installed on, but not (3) If the test results show an oil
action. limited to, McDonnell Douglas MD–80 series overtemperature condition, remove the
and Boeing 727 series airplanes. engine from service.
Regulatory Findings (4) If the test results show no oil
We have determined that this AD will Unsafe Condition overtemperature condition:
not have federalism implications under (d) This AD results from five uncontained (i) Replace any temperature indicator that
Executive Order 13132. This AD will high pressure turbine (HPT) shaft failures out has turned black as specified in paragraph (h)
not have a substantial direct effect on of thirteen HPT shaft fractures due to oil fires of this AD; and
in the No. 4 and 5 bearing compartments. We (ii) Replace any temperature indicator that
the States, on the relationship between are issuing this AD to prevent oil fires; is missing as specified in paragraph (i) of this
the National Government and the States, fracture of the HPT shaft which can result in AD; and
or on the distribution of power and uncontained release of engine fragments; (iii) Return the engine to service, and
responsibilities among the various engine fire; in-flight engine shutdown; and inspect as specified in paragraph (g) of this
levels of government. possible airplane damage. AD.

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60214 Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations

Repetitive Visual Inspection of the Dual- the balanced system for measuring In addition, section 1201 of the Act
Window Temperature Indicators organizational and employee required that the IRS performance
(j) Perform repetitive visual inspections of performance within the IRS. The management system comply with
the dual-window temperature indicators temporary regulations prospectively section 1204, which prohibits the use of
installed in paragraph (f) of this AD within amend the existing final regulations in ‘‘records of tax enforcement results’’
65 hours TIS since-last-inspection. Use 26 CFR part 801 to clarify when (ROTERs) in the evaluation of IRS
paragraph (h) of this AD to inspect the
temperature indicators. quantity measures, which are not tax employees or to suggest or impose
enforcement results, may be used in production goals for such employees.
Requirements for Thermocouple Installation measuring organizational and employee Section 1204, however, does not
for On-Wing Diagnostic Test performance. The portions of this prohibit the use of quantity measures in
(k) The requirements for thermocouple document that are final regulations evaluating organizational and employee
installation are listed in Appendix B of PW provide necessary cross-references to performance. The temporary regulations
ASB No. JT8D A5944, Revision 5, dated the temporary regulations. These in this document amend the existing
October 3, 2005. regulations in part 801 to clarify when
regulations affect internal operations of
On-Wing Diagnostic Test Information the IRS and the systems it employs to quantity measures may be used in
(l) To perform the on-wing diagnostics test, evaluate the performance of measuring organizational and employee
use Appendix C of PW ASB No. JT8D A5944, organizations within the IRS. The text of performance.
Revision 5, dated October 3, 2005. the temporary regulations also serves as Explanation of Provisions
Material Incorporated by Reference the text of proposed regulations set forth
in the Proposed Rules section in this The final regulations provide
(m) You must use Pratt & Whitney Alert guidance and direction for the
Service Bulletin No. JT8D A5944, Revision 5, issue of the Federal Register.
establishment of a balanced
dated October 3, 2005, to perform the DATES: Effective Date: These regulations
inspections and tests required by this AD.
performance measurement system for
are effective on October 17, 2005. the IRS. The three elements of this
The Director of the Federal Register approved
the incorporation by reference of this service Applicability Date: For dates of balanced measurement system are (1)
bulletin in accordance with 5 U.S.C. 552(a) applicability, see §§ 801.7 and 801.8T. customer satisfaction measures, (2)
and 1 CFR part 51. You can get a copy from FOR FURTHER INFORMATION CONTACT: Neil employee satisfaction measures and (3)
Pratt & Whitney, 400 Main St., East Hartford, Worden, (202) 283–7900 (not a toll-free business results measures. These
CT 06108; telephone (860) 565–7700, fax organizational measures may be used to
(860) 565–1605. You can review copies at the
number).
evaluate the performance of, or to
FAA, New England Region, Office of the SUPPLEMENTARY INFORMATION: impose or suggest production goals for,
Regional Counsel, 12 New England Executive
Park, Burlington, MA; or at the National Background any organizational unit.
Archives and Records Administration The temporary regulations contained
This document amends final in this document relate primarily to the
(NARA). For information on the availability
of this material at NARA, call 202–741–6030, regulations in 26 CFR part 801 (the business results measures. Business
or go to: http://www.archives.gov/federal- Final Regulations) that implement the results are measured through quality
register/cfr/ibr-locations.html. Balanced System for Measuring measures and quantity measures.
Organizational and Employee Quality measures are based on reviews
Related Information
Performance within the IRS. The Final of a statistically valid sample of cases
(n) None. Regulations were published in the handled by certain organizational units
Issued in Burlington, Massachusetts, on Federal Register on August 6, 1999 (64 such as examination, collection and
October 3, 2005. FR 42834–42837). The Final Regulations Automated Collection System units. The
Francis A. Favara, emanated from section 1201 of the quality review of other work units is
Acting Manager, Engine and Propeller Internal Revenue Service Restructuring determined according to criteria
Directorate, Aircraft Certification Service. and Reform Act of 1998, Public Law established by the Commissioner or his
[FR Doc. 05–20501 Filed 10–14–05; 8:45 am] 105–206, 112 Stat. 685, 713 (1998) (the delegate.
BILLING CODE 4910–13–P Act), which required the IRS to establish The IRS and Treasury Department
a performance management system for have determined that the provisions of
those employees covered by 5 U.S.C. the existing part 801 regulations that
DEPARTMENT OF THE TREASURY 4302 that, among other things, limit the use of quantity measures in
establishes ‘‘goals or objectives for evaluating organizational units and
Internal Revenue Service individual, group, or organizational imposing or suggesting production goals
performance (or any combination for employees restrict the IRS’ ability to
26 CFR Part 801 thereof), consistent with the IRS’ monitor program performance and track
performance planning procedures, effectiveness of operations, and have
[TD 9227]
including those established under the caused confusion as to what types of
RIN 1545–BE46 Government Performance and Results data or measures may be discussed
Act of 1993, division E of the Clinger- between managers and employees and
Balanced System for Measuring Cohen Act of 1966 * * *, Revenue reflected in manager and employee
Organizational and Employee Procedure 64–22 * * *, and taxpayer goals. These temporary regulations
Performance Within the Internal service surveys.’’ Section 1201 further remove the limitations on the use of
Revenue Service required the IRS to use ‘‘such goals and quantity measures in evaluating the
AGENCY: Internal Revenue Service (IRS), objectives to make performance performance of, or imposing or
Treasury. distinctions among employees or groups suggesting goals for organizational units.
ACTION: Final and temporary of employees,’’ and to use ‘‘performance These temporary regulations also
regulations. assessments as a basis for granting remove the limitations on the use of
employee awards, adjusting an quantity measures to impose or suggest
SUMMARY: This document contains final employee’s rate of basic pay, and other goals for employees. The regulations
and temporary regulations relating to appropriate personnel actions * * *.’’ continue to provide that performance

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