[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Rules and Regulations]
[Pages 34088-34090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11983]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0547; Project Identifier MCAI-2020-00270-E;
Amendment 39-21138; AD 2020-12-03]
RIN 2120-AA64
Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
(Type Certificate Previously Held by Rolls-Royce plc) Turbofan Engines
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Rolls-Royce Deutschland Ltd & Co KG Trent XWB-97 model turbofan
engines. This AD requires updating electronic engine control (EEC)
software. This AD was prompted by the manufacturer's finding that a P30
(air pressure) sense line could become partially blocked with a mixture
of ice and water, which would cause a time-lag in the P30 signal,
interfering with the fuel flow limit calculations. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD is effective June 18, 2020.
The FAA must receive comments on this AD by July 20, 2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this final rule, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, 15827 Blankenfelde-
Mahlow, Germany; phone: +49 (0) 33 708 6 0; email: https://www.rolls-royce.com/contact-us.aspx. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call 781-238-7759. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0547.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0547; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the mandatory continuing airworthiness information
(MCAI), any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Stephen Elwin, Aerospace Engineer, ECO
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7236; fax: 781-238-7199; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA AD 2020-0035, dated February 26, 2020 (referred to after
this as ``the MCAI''), to address an unsafe condition for the specified
products. The MCAI states:
During ground tests, it was found that a P30 (air pressure)
sense line could become partially blocked with a mixture of ice and
water, which would cause a time-lag in the
[[Page 34089]]
P30 signal, interfering with the fuel flow limit calculations.
This condition, if not corrected, could lead to loss of thrust
control, possibly resulting in reduced control of the aeroplane.
To address these potential unsafe conditions, Rolls-Royce
defined a new EEC SW, XWB_97-7.0, P/N RRY23XWB0001024, which
corrects these issues.
For the reasons described above, this [EASA] AD requires
updating the EEC SW. This [EASA] AD also prohibits installation of
affected SW on any engine.
You may obtain further information by examining the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0547.
Related Service Information
The FAA reviewed Rolls-Royce plc Alert Service Bulletin (ASB) Trent
XWB 73-AK304, dated November 8, 2019. The ASB describes procedures for
updating the EEC software.
FAA's Determination
This product has been approved by EASA and is approved for
operation in the United States. Pursuant to our bilateral agreement
with the European Community, EASA has notified us of the unsafe
condition described in the MCAI. The FAA is issuing this AD because it
evaluated all the relevant information provided by EASA and determined
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
AD Requirements
This AD requires updating the EEC software with EEC software that
is eligible for installation within 365 days after the effective date
of this AD.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to
make rules effective in less than 30 days, upon a finding of good
cause.
The FAA has found the risk to the flying public justifies waiving
notice and comment prior to adoption of this rule because no domestic
operators use this product. It is unlikely that the FAA will receive
any adverse comments or useful information about this AD from U.S.
operators. Therefore, the FAA finds good cause that notice and
opportunity for prior public comment are unnecessary. In addition, for
this same reason, the FAA finds 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, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2020-
0547 and Project Identifier MCAI-2020-00270-E at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about this final rule.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this final rule contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this final rule, it is important that
you clearly designate the submitted comments as CBI. Please mark each
page of your submission containing CBI as ``PROPIN.'' The FAA will
treat such marked submissions as confidential under the FOIA, and they
will not be placed in the public docket of this NPRM. Submissions
containing CBI should be sent to Stephen Elwin, Aerospace Engineer, ECO
Branch, FAA, 1200 District Avenue, Burlington, MA 01803. Any commentary
that the FAA receives which is not specifically designated as CBI will
be placed in the public docket for this rulemaking.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 0 engines installed on
airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Install EEC software.................. 1 work-hour x $85 per $0 $85 $0
hour = $85.
----------------------------------------------------------------------------------------------------------------
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.
The FAA is 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
[[Page 34090]]
that authority because it addresses an unsafe condition that is likely
to exist or develop on products identified in this rulemaking action.
Regulatory Findings
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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
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 FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2020-12-03 Rolls-Royce Deutschland Ltd & Co KG (Type Certificate
previously held by Rolls-Royce plc): Amendment 39-21138; Docket No.
FAA-2020-0547; Project Identifier MCAI-2020-00270-E.
(a) Effective Date
This AD is effective June 18, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Rolls-Royce Deutschland Ltd. & Co KG
(Type Certificate previously held by Rolls-Royce plc) Trent XWB-97
model turbofan engines.
(d) Subject
Joint Aircraft System Component (JASC) Code 7200, Engine
(Turbine/Turboprop).
(e) Unsafe Condition
This AD was prompted by the manufacturer's finding that a P30
(air pressure) sense line could become partially blocked with a
mixture of ice and water, which would cause a time-lag in the P30
signal, interfering with the fuel flow limit calculations. The FAA
is issuing this AD to prevent interference with the fuel flow limit
calculations within the engine control system. The unsafe condition,
if not addressed, could result in loss of thrust control and reduced
control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 365 days after the effective date of this AD, update the
electronic engine control (EEC) software with EEC software that is
eligible for installation.
(h) Definition
For the purpose of this AD, EEC software eligible for
installation is EEC software XWB_97-7.0, part number
RRY23XWB0001024, or later.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (j)(1) of this AD. You may email your
request to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(j) Related Information
(1) For more information about this AD, contact Stephen Elwin,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone: 781-238-7236; fax: 781-238-7199; email:
[email protected].
(2) Refer to European Union Aviation Safety Agency (EASA) AD
2020-0035, dated February 26, 2020, for more information. You may
examine the EASA AD in the AD docket on the internet at https://www.regulations.gov by searching for and locating it in Docket No.
FAA-2020-0547.
(k) Material Incorporated by Reference
None.
Issued on May 29, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-11983 Filed 6-2-20; 8:45 am]
BILLING CODE 4910-13-P