[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Proposed Rules]
[Pages 23583-23585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07929]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / 
Proposed Rules  

[[Page 23583]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0932; Project Identifier MCAI-2022-01491-E]
RIN 2120-AA64


Airworthiness Directives; Rolls-Royce Deutschland Ltd. & Co. KG 
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-26-11, which applies to all Rolls-Royce Deutschland Ltd. & Co. KG 
(RRD) Model RB211-Trent 875-17, 877-17, 884-17, 884B-17, 892-17, 892B-
17, and 895-17 engines. AD 2021-26-11 requires replacing the affected 
fuel pump on at least one affected engine. Since the FAA issued AD 
2021-26-11, the FAA has determined that replacing all affected fuel 
pumps on all installed engines is necessary to address the unsafe 
condition. This proposed AD would require replacing the affected fuel 
pump on at least one engine before further flight and replacing all 
affected fuel pumps within a specified compliance time, and would also 
prohibit installing any affected engine onto any airplane or any 
affected fuel pump onto any engine, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is proposed for incorporation 
by reference (IBR). The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this NPRM by June 2, 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-2023-0932; 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 NPRM, 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 EASA service information that is proposed for IBR in 
this NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; phone: +49 221 8999 000; email: [email protected]; website: 
easa.europa.eu. You may find this material on the EASA website at 
ad.easa.europa.eu. It is also available at regulations.gov under Docket 
No. FAA-2023-0932.
     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, 
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 relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-0932; Project Identifier 
MCAI-2022-01491-E'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 
the proposal 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 NPRM.

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 NPRM 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 NPRM, 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 
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

    The FAA issued AD 2021-26-11, Amendment 39-21870 (86 FR 71367, 
December 16, 2021) (AD 2021-26-11), for all RRD Model RB211-Trent 875-
17, 877-17, 884-17, 884B-17, 892-17, 892B-17, and 895-17 engines. AD 
2021-26-11 was prompted by an MCAI originated by EASA, which is the 
Technical Agent for the Member States of the European Union. EASA 
issued EASA AD 2021-0245, dated November 10, 2021 (EASA AD 2021-0245), 
to correct an unsafe condition identified as failure of the variable 
stator vane system.
    AD 2021-26-11 requires replacing the affected fuel pump on at least 
one engine. The FAA issued AD 2021-26-11 to prevent failure of the 
variable stator

[[Page 23584]]

vane system, which could result in loss of engine thrust control, in-
flight engine shutdown, and reduced control of the airplane.

Actions Since AD 2021-26-11 Was Issued

    Since the FAA issued AD 2021-26-11, EASA superseded EASA AD 2021-
0245 and issued EASA AD 2022-0225, dated November 21, 2022 (EASA AD 
2022-0225) (referred to after this as the MCAI). The MCAI states that 
reports of single engine events caused by water contamination resulted 
in loss of engine thrust. An investigation determined that certain 
engines were exposed to unacceptable levels of water contamination, 
which caused corrosion on the fuel pump's internal components. This 
corrosion led to debris release and filter blockages in variable stator 
vane actuator control units, which resulted in the variable stator vane 
system failing in the closed position.
    The FAA has since determined that in addition to replacing the 
affected fuel pump on at least one engine before further flight, 
replacing all affected fuel pumps installed on all engines within a 
specified compliance time and prohibiting installation of any affected 
engine onto any airplane or any affected fuel pump onto any engine is 
necessary to address the unsafe condition. Subsequently, the 
manufacturer published service information, which describes procedures 
for replacing the fuel pump.
    Additionally, the FAA has determined that the estimated labor cost 
in AD 2021-26-11 requires revision as it indicates 4.5 work-hours are 
required to replace the affected fuel pump. The correct estimated labor 
cost for replacement of the affected fuel pump is estimated to be 9 
work-hours. The FAA has updated the cost estimate in this proposed AD 
to reflect the correct number of work-hours.
    The FAA is proposing this AD to prevent failure of the variable 
stator vane system. This condition, if not addressed, could result in 
dual-engine loss of thrust control or in-flight engine shutdown, and 
reduced control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0932.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0225, which specifies procedures for 
replacing the affected fuel pump. EASA AD 2022-0225 also specifies not 
to install an affected engine onto any airplane or an affected part 
onto any engine. 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 this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI described above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain none of the requirements of AD 2021-
26-11. This proposed AD would require accomplishing the actions 
specified in the MCAI described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD and 
except as discussed under ``Differences Between this Proposed AD and 
the MCAI.'' This proposed AD would also prohibit installation of any 
affected engine onto any airplane or any affected fuel pump onto any 
engine.

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, the FAA proposes to incorporate by reference EASA AD 2022-0225 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with EASA AD 2022-0225 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this proposed 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 2022-0225. Service information required by the EASA AD for 
compliance will be available at regulations.gov by searching for and 
locating Docket No. FAA-2023-0932 after the FAA final rule is 
published.

Differences Between This Proposed AD and the MCAI

    Where paragraph (1) of EASA AD 2022-0225 requires replacing the 
affected part within 30 days after November 17, 2021 (the effective 
date of EASA AD 2021-0245), this AD requires replacing an affected fuel 
pump on at least one engine before further flight after the effective 
date of this AD.
    Where paragraphs (3) and (4) of EASA AD 2022-0225 refer to November 
17, 2021 (the effective date of EASA AD 2021-0245), this AD requires 
using the effective date of this AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 2 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Replace fuel pump...................  9 work-hours x $85 per         $138,456         $139,221         $278,442
                                       hour = $765.
----------------------------------------------------------------------------------------------------------------

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.

[[Page 23585]]

    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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:
0
a. Removing Airworthiness Directive 2021-26-11, Amendment 39-21870 (86 
FR 71367, December 16, 2021); and
0
b. Adding the following new airworthiness directive:

Rolls-Royce Deutschland Ltd. & Co. KG: Docket No. FAA-2023-0932; 
Project Identifier MCAI-2022-01491-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 2, 2023.

(b) Affected ADs

    This AD replaces AD 2021-26-11, Amendment 39-21870 (86 FR 71367, 
December 16, 2021).

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd. & Co. KG Model 
RB211-Trent 875-17, 877-17, 884-17, 884B-17, 892-17, 892B-17, and 
895-17 engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7314, Engine Fuel 
Pump.

(e) Unsafe Condition

    This AD was prompted by reports of single engine events caused 
by water contamination, which led to corrosion on the fuel pump that 
resulted in loss of engine thrust. The FAA is issuing this AD to 
prevent failure of the variable stator vane system. The unsafe 
condition, if not addressed, could result in dual-engine loss of 
thrust control or in-flight engine shutdown, 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 2022-0225, dated November 21, 2022 (EASA AD 2022-0225).

(h) Exceptions to EASA AD 2022-0225

    (1) Where paragraph (1) of EASA AD 2022-0225 specifies to 
replace the affected part with a fuel pump that is not an affected 
part, on at least one of the affected engines within 30 days after 
17 November 2021 [the effective date of EASA AD 2021-0245], this AD 
requires replacing an affected fuel pump on at least one engine 
before further flight after the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2022-0225 refers to its 
effective date, this AD requires using the effective date of this 
AD.
    (3) Where paragraphs (3) and (4) of EASA AD 2022-0225 refer to 
November 17, 2021 (the effective date of EASA AD 2021-0245), this AD 
requires using the effective date of this AD.
    (4) This AD does not adopt the Remarks paragraph of EASA AD 
2022-0225.
    (5) Where the service information referenced in EASA AD 2022-
0225 specifies to scrap fuel pumps, this AD requires removing those 
fuel pumps from service.
    (6) Where the service information referenced in EASA AD 2022-
0225 specifies to return fuel pumps, this AD requires removing those 
fuel pumps from service.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0225 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) of this AD and email 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.

(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 2022-0225, dated 
November 21, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0225, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]; website: easa.europa.eu. 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 April 11, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07929 Filed 4-17-23; 8:45 am]
BILLING CODE 4910-13-P


