[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Rules and Regulations]
[Pages 40873-40875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14601]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0638; Project Identifier MCAI-2020-00308-E; 
Amendment 39-21158; AD 2020-14-04]
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.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Rolls-Royce Deutschland Ltd. & Co KG (RRD) Trent 1000-A, Trent 1000-AE, 
Trent 1000-C, Trent 1000-CE, Trent 1000-D, Trent 1000-E, Trent 1000-G, 
and Trent 1000-H model turbofan engines. This AD requires removing and 
replacing one or both affected engines, depending on whether the engine 
pairing combinations are compliant or non-compliant, as described in 
the service information. This AD was prompted by occurrences of in-
service engine surges on affected RRD Trent model turbofan engines with 
a high number of intermediate pressure compressor (IPC) module flight 
hours since new (HSN) or cycles since new (CSN). The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective July 23, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 23, 
2020.
    The FAA must receive comments on this AD by August 24, 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-2020-0638.

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-
0638; 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: stephen.l.elwin@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 2020-0010R2, dated March 4, 2020 (referred to after this 
as ``the MCAI''), to address an unsafe condition for the specified 
products. The MCAI states:

    Occurrences have been reported of engine surges on certain Trent 
1000 engines, particularly those that have accumulated a high number 
of flight hours (FH) and engine flight cycles (EFC). The 
investigation into the cause(s) of these events is on-going. This 
condition, if not corrected, could lead to a dual engine surge, 
possibly resulting in a dual engine in-flight shut-down and 
consequent reduced control of the aeroplane.
    To address this potential unsafe condition, Rolls-Royce 
published the NMSB to provide de-pairing instructions, reducing the 
risk of a dual surge event. Instructions for in-shop performance 
recovery are being developed. Prompted by some errors detected in 
Table 1 of the NMSB, Appendix 1 of this [EASA] AD must be used 
instead. Rolls-Royce will revise the NMSB to correct those errors.
    For the reasons described above, EASA issued AD 2020-0010 (later 
revised) to require de-pairing of the affected engines.
    Since EASA AD 2020-0010R1 was issued, Rolls-Royce issued NMSB 
TRENT 1000 72-K494, providing instructions for in-shop action to 
restore the surge margin. Embodiment of Part B of this NMSB allows 
relaxation of the de-pairing actions as required by this [EASA] AD. 
Rolls-Royce have revised NMSB TRENT 1000 72-AK468 accordingly, 
including a new Table 1, defining de-pairing upper and lower 
thresholds (pre- and post-NMSB 72-K494 embodied) and Table 2 (which 
was Table 1 in the NMSB 72-AK468 at original issue) for de-pairing 
when one engine has embodied Part B of NMSB TRENT 1000 72-K494, and 
when both engines have embodied Part B of NMSB TRENT 1000 72-K494.
    Consequently, this [EASA] AD is revised to include references to 
NMSB TRENT 1000 72-K494 and to NMSB TRENT 1000 72-AK468 Revision 1, 
and Table 2 thereof.

    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-2020-0638.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Rolls-Royce plc (RR) Alert Non-Modification 
Service Bulletin (NMSB) Trent 1000 72-AK468, Revision 1, dated March 3, 
2020. The Alert NMSB describes compliant and non-compliant engine 
pairing combinations based on IPC module flight HSN or CSN. 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.

[[Page 40874]]

Related Service Information

    The FAA reviewed RR NMSB Trent 1000 72-K494, Initial Issue, dated 
March 3, 2020. The NMSB describes procedures for the inspection, 
repair, and replacement of specified IPC module components to restore 
surge margin and recover IPC performance.

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 removing and replacing one or both affected 
engines, depending on whether the engine pairing combinations are 
compliant or non-compliant, as described in the Accomplishment 
Instructions of RR Alert NMSB Trent 1000 72-AK468, Revision 1, dated 
March 3, 2020.

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-
0638 and Project Identifier MCAI-2020-00308-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 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
----------------------------------------------------------------------------------------------------------------
Remove and replace engine...........  48 work-hours x $85 per              $0           $4,080               $0
                                       hour = $4,080.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. The FAA does not control warranty coverage for affected 
individuals. As a result, the FAA has included all costs in our 
estimate.

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 40875]]

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):

2020-14-04 Rolls-Royce Deutschland Ltd & Co KG (Type Certificate 
previously held by Rolls-Royce plc): Amendment 39-21158; Docket No. 
FAA-2020-0638; Project Identifier MCAI-2020-00308-E.

(a) Effective Date

    This AD is effective July 23, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Rolls-Royce Deutschland Ltd. & Co KG 
(RRD) (Type Certificate previously held by Rolls-Royce plc) Trent 
1000-A, Trent 1000-AE, Trent 1000-C, Trent 1000-CE, Trent 1000-D, 
Trent 1000-E, Trent 1000-G, and Trent 1000-H model turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine 
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by occurrences of in-service engine surges 
on affected RRD Trent model turbofan engines with a high number of 
intermediate pressure compressor (IPC) module flight hours since new 
or cycles since new. Investigation by the manufacturer shows reduced 
surge margin caused by IPC deterioration has led to in-service 
engine surges. The FAA is issuing this AD to reduce the risk of a 
dual-engine surge event. The unsafe condition, if not addressed, 
could result in failure of one or more engines, loss of thrust 
control, and loss of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 30 days after the effective date of this AD, remove and 
replace one or both affected engines identified as ``Not Acceptable 
De-pair required'' in paragraph 3, Accomplishment Instructions, 
Table 2, ``Examples of compliant and non-compliant engine pairing 
combinations,'' of Rolls-Royce plc (RR) Alert Non-Modification 
Service Bulletin (NMSB) Trent 1000 72-AK468, Revision 1, dated March 
3, 2020.

(h) Installation Prohibition

    After the effective date of this AD, do not install on any 
aircraft, an engine pairing combination identified as ``Not 
Acceptable De-pair required'' in paragraph 3, Accomplishment 
Instructions, Table 2, ``Examples of compliant and non-compliant 
engine pairing combinations,'' of RR Alert NMSB Trent 1000 72-AK468, 
Revision 1, dated March 3, 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 Stephen Elwin, 
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: 781-238-7236; fax: 781-238-7199; email: 
stephen.l.elwin@faa.gov.
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2020-0010R2, dated March 4, 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-2020-0638.

(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 (RR) Alert Non-Modification Service Bulletin 
Trent 1000 72-AK468, Revision 1, dated March 3, 2020.
    (ii) [Reserved]
    (3) For RR 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; email: 
https://www.rolls-royce.com/contact-us.aspx.
    (4) You may view this service information at 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 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-14601 Filed 7-7-20; 8:45 am]
BILLING CODE 4910-13-P


