[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Rules and Regulations]
[Pages 79798-79801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28221]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1649; Project Identifier MCAI-2022-01206-E; 
Amendment 39-22284; AD 2022-26-05]
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) TAY 620-15 and TAY 650-15 
model turbofan engines. This AD was prompted by reports of cracks on 
the high-pressure turbine (HPT) stage 2 intermediate air seal 
attachment bolts (attachment bolts). This AD requires repetitive 
inspections of the HPT stage 2 intermediate air seal and attachment 
bolts and, depending on the results of the inspections, replacement of 
attachment bolts and the HPT stage 1 and stage 2 rotor disks, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective January 12, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 12, 
2023.
    The FAA must receive comments on this AD by February 13, 2023.

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 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1649; 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.
    Material Incorporated by Reference:
     For material incorporated by reference in this final rule, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: 
+49 221 8999 000; email: [email protected]. You may find this material 
on the EASA website at ad.easa.europa.eu.
     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 (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer,

[[Page 79799]]

ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
(781) 238-7241; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-1649; Project Identifier MCAI-
2022-01206-E'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Sungmo 
Cho, Aviation Safety 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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0184, dated September 2, 2022 
(EASA AD 2022-0184) (referred to after this as ``the MCAI''), to 
correct an unsafe condition for all RRD TAY 620-15 and TAY 650-15 model 
turbofan engines. The MCAI states that cracks on attachment bolts have 
been reported which, if not detected and corrected, could result in 
failure of HPT stage 1 and stage 2 rotor disks, high energy debris 
release, damage to the airplane, and reduced control of the airplane.
    The FAA is issuing this AD to address the unsafe condition on these 
products.
    You may examine the MCAI in the AD docket under Docket No. FAA-
2022-1649.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0184, dated September 2, 2022, which 
specifies procedures for repetitive inspections of the HPT stage 2 
intermediate air seal and attachment bolts and, depending on the 
findings, replacement of all damaged parts.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the State of Design 
Authority, it has notified the FAA of the unsafe condition referenced 
in the MCAI described above. The FAA is issuing this AD after 
determining that the unsafe condition described previously is likely to 
exist or develop in other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD 
2022-0184, described previously, except for any differences identified 
as exceptions in the regulatory text of this AD and except as discussed 
under ``Differences Between this AD and the MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has since 
coordinated with other manufacturers and CAAs to use this process. As a 
result, EASA AD 2022-0184 will be incorporated by reference in this 
final rule. This AD, therefore, requires compliance with EASA AD 2022-
0184 in its entirety through that incorporation, except for any 
differences identified as exceptions in the regulatory text of this AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in EASA AD 2022-0184. Service information 
required by the EASA AD for compliance will be available at 
regulations.gov under Docket No. FAA-2022-1649.

Differences Between This AD and the MCAI

    Where EASA AD 2022-0184 requires replacement of all damaged parts, 
this AD requires replacement of attachment bolts and the HPT stage 1 
and stage 2 rotor disks.

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. 551 et seq.) 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 providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    There are currently no domestic operators of these products. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
foregoing reason, 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 
for the same reasons the FAA found good cause to forego notice and 
comment.

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.

[[Page 79800]]

Costs of Compliance

    Currently, there are no U.S. registered airplanes with the affected 
engines installed. If an affected engine is installed on an airplane, 
or if an airplane with an affected engine is imported and placed on the 
U.S. Register in the future, the FAA provides the following cost 
estimates to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Repetitive inspection of the HPT      3 work-hours x $85 per               $0             $255               $0
 stage 2 intermediate air seal and     hour = $255.
 attachment bolts.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
inspection.

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace attachment bolts and HPT stage 1 and   6 work-hours x $85 per hour =          $280,189         $280,699
 stage 2 rotor disks.                           $510.
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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 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 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.

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:

2022-26-05 Rolls-Royce Deutschland Ltd & Co KG (Type Certificate 
previously held by Rolls-Royce plc): Amendment 39-22284; Docket No. 
FAA-2022-1649; Project Identifier MCAI-2022-01206-E.

(a) Effective Date

    This airworthiness directive (AD) is effective January 12, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG TAY 620-
15 and TAY 650-15 model turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7240, Turbine Engine 
Combustion Section.

(e) Unsafe Condition

    This AD was prompted by reports of cracks on high-pressure 
turbine (HPT) stage 2 intermediate air seal attachment bolts 
(attachment bolts). The FAA is issuing this AD to prevent failure of 
the HPT stage 1 and stage 2 rotor disks. The unsafe condition, if 
not addressed, could result in high energy debris release, damage to 
the airplane, and reduced control of the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraphs (h) and (i) of this AD: 
Perform all required actions within the compliance times specified 
in, and in accordance with, European Union Aviation Safety Agency 
(EASA) AD 2022-0184, dated September 2, 2022 (EASA AD 2022-0184).

(h) Exceptions to EASA AD 2022-0184

    (1) Where EASA AD 2022-0184 requires compliance from its 
effective date, this AD requires using the effective date of this 
AD.
    (2) Where EASA AD 2022-0184 requires replacement of all damaged 
parts, this AD requires replacing cracked attachment bolts and HPT 
stage 1 and stage 2 rotor disks that show evidence of wear from 
broken attachment bolts.
    (3) Where the service information referenced in EASA AD 2022-
0184 specifies to replace the engine and send the removed engine to 
an approved TAY overhaul facility if indications of damage are 
found, this AD requires replacing cracked attachment bolts and HPT 
stage 1 and stage 2 rotor disks that show evidence of wear from 
broken attachment bolts.
    (4) This AD does not adopt the ``Remarks'' paragraph of EASA AD 
2022-0184.

[[Page 79801]]

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0184 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    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 (k) of this AD and email to: [email protected]. 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.

(k) Additional Information

    For more information about this AD, contact Sungmo Cho, Aviation 
Safety Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, 
MA 01803; phone: (781) 238-7241; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) European Union Aviation Safety Agency AD 2022-0184, dated 
September 2, 2022.
    (ii) [Reserved]
    (3) For more information about EASA AD 2022-0184, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]. You may find this EASA AD on the 
EASA website at ad.easa.europa.eu.
    (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 (817) 222-5110.
    (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: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 14, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-28221 Filed 12-27-22; 8:45 am]
BILLING CODE 4910-13-P


