[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Rules and Regulations]
[Pages 43682-43684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15563]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0617; Project Identifier MCAI-2020-00391-E; 
Amendment 39-21170; AD 2020-15-07]
RIN 2120-AA64


Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG 
(Type Certificate Formerly Held by Rolls-Royce plc) Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Rolls-Royce Deutschland Ltd & Co KG RB211-524G2-19, RB211-
524G2-T-19, RB211-524G3-19, RB211-524G3-T-19, RB211-524H2-19, RB211-
524H2-T-19, RB211-524H-36 and RB211-524H-T-36 model turbofan engines. 
This AD requires replacement of the low-pressure turbine (LPT) stage 1 
disk before it reaches its new Declared Safe Cycle Limit (DSCL) or 
within 25 flight cycles after the effective date of this AD, whichever 
occurs later. This AD was prompted by a determination by the 
manufacturer that the affected LPT stage 1 disks cannot operate until 
their former published life limit. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective August 4, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 4, 
2020.
    The FAA must receive comments on this AD by September 3, 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; website: 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-2020-0617.

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-
0617; 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: Kenneth Steeves, Aerospace Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
781-238-7765; fax: 781-238-7199; email: kenneth.steeves@faa.gov.

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 No. 2020-0059, dated March 17, 2020 (referred to after 
this as ``the MCAI''), to address an unsafe condition for the specified 
products. The MCAI states:

    A review of operational flight data revealed that some RB211-524 
engines may have been operated beyond the currently valid datum 
flight profile (FP) published in the applicable Aircraft Maintenance 
Manuals. The purpose of the datum FPs is to establish the 
operational limits (life limits) within which the corresponding 
critical parts are allowed to remain installed. In addition, as this 
FP exceedance was investigated, it was realised that the current 
life limits of certain P/N corresponding to reworked LPT Stage 1 
discs (time since new, or since entry into service following rework) 
could no longer be supported.
    This condition, if not corrected, could lead to disc failure, 
possibly resulting in engine in-flight shut-down and high energy 
debris release, with consequent damage to, and reduced control of, 
the aeroplane.
    Prompted by these findings, Rolls-Royce published worldwide (WW) 
communication, reference WW11575-1, which identified certain parts, 
some of which were believed to have exceeded their respective safe 
cyclic life, to collect information in relation to the history of 
affected parts and to inform current operators and owners of the 
affected parts of an imminent life reduction. Rolls-Royce also 
published the NMSB, providing instructions for timely removal from 
service of the affected parts.
    For the reasons described above, this AD requires removal from 
service of the affected parts. This AD also prohibits 
(re)installation of affected parts that have exceeded the new 
reduced limits.

    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-2020-0617.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Rolls-Royce plc Alert Non-Modification Service 
Bulletin (NMSB) RB.211-72-AK422, Revision 1, dated March 2, 2020. The 
NMSB describes procedures for reducing the Declared Safe Cyclic Limit 
for LPT stage 1 disks. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section.

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 and service information referenced 
above. 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 replacement of the LPT stage 1 disk before it 
reaches its new DSCL or within 25 flight cycles

[[Page 43683]]

after the effective date of this AD, whichever occurs later.

FAA's Justification 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.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule. 
The manufacturer's review of operational flight data revealed that 
certain RB211-524 model turbofan engines may have been operated beyond 
the current valid datum flight profile (FP) published in the Aircraft 
Maintenance Manuals. The purpose of the datum FP is to establish the 
operational limits (life limits) within which the corresponding 
critical parts are allowed to remain installed. The investigation of 
this exceedance determined that the current published life limits 
established for the LPT stage 1 disk could no longer be supported for 
certain part and serial numbered LPT stage 1 disks that have undergone 
rework. The manufacturer has calculated a new DSCL for these disks. 
Exceeding the DSCL for these disks could lead to failure of the disk, 
in-flight shut down of the engine and high-energy release of debris 
from the engine, resulting in damage to the engine and to the airplane. 
Consequently, these disks require replacement within 25 flight cycles 
or before reaching their new life limit, whichever occurs later.
    The FAA considers the removal of these LPT stage 1 disks from 
service to be an urgent safety issue. Accordingly, notice and 
opportunity for prior public comment are impracticable and contrary to 
public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
reasons stated above, the FAA finds that good cause exists pursuant to 
5 U.S.C. 553(d) 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-
0617 and Project Identifier MCAI-2020-00391-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 final rule. Submissions 
containing CBI should be sent to Kenneth Steeves, 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 22 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
----------------------------------------------------------------------------------------------------------------
Remove and replace LPT stage 1 disk...  120 work-hours x $85 per         $30,000         $40,200        $884,400
                                         hour = $10,200.
----------------------------------------------------------------------------------------------------------------

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 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

[[Page 43684]]

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):

2020-15-07 Rolls-Royce Deutschland Ltd & Co KG (Type Certificate 
formerly held by Rolls-Royce plc): Amendment 39-21170; Docket No. 
FAA-2020-0617; Project Identifier MCAI-2020-00391-E.

(a) Effective Date

    This AD is effective August 4, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (type 
certificate formerly held by Rolls-Royce plc) RB211-524G2-19, RB211-
524G2-T-19, RB211-524G3-19, RB211-524G3-T-19, RB211-524H2-19, RB211-
524H2-T-19, RB211-524H-36 and RB211-524H-T-36 model turbofan engines 
with low-pressure turbine (LPT) stage 1 disks, part number (P/N) 
UL37606, UL37607, UL37608, UL37722 or UL37790, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine 
Section.

(e) Unsafe Condition

    This AD was prompted by a determination by the manufacturer that 
the current published life limits established for certain part and 
serial numbered LPT stage 1 disks that have undergone rework could 
no longer be supported. The FAA is issuing this AD to prevent 
failure of the LPT stage 1 disk. The unsafe condition, if not 
addressed, could result in uncontained release of high-energy debris 
from the engine, in-flight shutdown of the engine, damage to the 
engine, and damage to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Before the LPT stage 1 disk reaches its Declared Safe Cycle 
Limit (DSCL) as specified in the Accomplishment Instructions, 
Paragraph 3., Tables 1 through 9, in Rolls-Royce plc Alert Non-
Modification Service Bulletin (NMSB) RB.211-72-AK422, Revision 1, 
dated March 2, 2020, or within 25 flight cycles after the effective 
date of this AD, whichever occurs later, remove the LPT stage 1 disk 
from service and replace with a part eligible for installation.

(h) Definition

    For the purpose of this AD, a part eligible for installation is 
any LPT stage 1 disk that is new or has not reached its DSCL as 
specified in the Accomplishment Instructions, Paragraph 3., Tables 1 
through 9, in the Rolls-Royce Alert NMSB RB.211-72-AK422, Revision 
1, dated March 2, 2020.

(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: ANE-AD-AMOC@faa.gov.
    (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 Kenneth Steeves, 
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: 781-238-7765; fax: 781-238-7199; email: 
kenneth.steeves@faa.gov.
    (2) Refer to European Union Aviation Safety Agency AD No. 2020-
0059, dated March 17, 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-2020-0617.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Rolls-Royce plc Alert Non-Modification Service Bulletin 
RB.211-72-AK422, Revision 1, dated March 2, 2020.
    (ii) [Reserved]
    (3) For Rolls-Royce plc service information identified in this 
AD, contact Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, 
15827, Blankenfelde-Mahlow, Germany; phone: +49 (0) 33 708 6 0; 
website: https://www.rolls-royce.com/contact-us.aspx.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-15563 Filed 7-17-20; 8:45 am]
BILLING CODE 4910-13-P


