[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Rules and Regulations]
[Pages 65581-65583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20635]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / 
Rules and Regulations

[[Page 65581]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0932; Project Identifier MCAI-2022-01491-E; 
Amendment 39-22542; AD 2023-18-01]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-26-11 
for 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 required 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 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. This AD requires replacing the affected fuel 
pump on at least one engine before further flight and replacing all 
affected fuel pumps within a specified compliance time. This AD 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 incorporated by reference 
(IBR). The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective October 30, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 30, 
2023.

ADDRESSES: 
    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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For service information identified in this final rule, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: 
+49 221 8999 000; email: <a href="/cdn-cgi/l/email-protection#acede8dfecc9cddfcd82c9d9dec3dccd82c9d9"><span class="__cf_email__" data-cfemail="93d2d7e0d3f6f2e0f2bdf6e6e1fce3f2bdf6e6">[email protected]</span></a>; website: easa.europa.eu.
    <bullet> 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. It is 
also available in the AD docket at regulations.gov under Docket No. 
FAA-2023-0932.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer, 
FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-
7241; email: <a href="/cdn-cgi/l/email-protection#d9aaacb7beb4b6f7bdf7bab1b699bfb8b8f7beb6af"><span class="__cf_email__" data-cfemail="592a2c373e3436773d773a3136193f3838773e362f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-26-11, Amendment 39-21870 (86 FR 
71367, December 16, 2021), (AD 2021-26-11). AD 2021-26-11 applied to 
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 required replacing the 
affected fuel pump on at least one affected engine. The FAA issued AD 
2021-26-11 to prevent failure of the variable stator vane system.
    The NPRM published in the Federal Register on April 18, 2023 (88 FR 
23583). The NPRM was prompted by EASA AD 2022-0225, dated November 21, 
2022 (EASA AD 2022-0225) (referred to after this as the MCAI), issued 
by EASA, which is the Technical Agent for the Member States of the 
European Union. 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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0932.
    In the NPRM, the FAA proposed to 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. In the 
NPRM, the FAA also proposed to prohibit installation of any affected 
engine onto any airplane or any affected fuel pump onto any engine.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from two commenters. The commenters were 
American Airlines (AA) and The Boeing Company (Boeing). The following 
presents the comments received on the NPRM and the FAA's response to 
each comment.

Support for the AD

    Boeing supported the NPRM without change.

[[Page 65582]]

Request To Clarify Return of Affected Parts

    AA requested that the FAA clarify whether the intent of the NPRM is 
for affected pumps to be returned to Eaton Corporation for 
rectification/modification to become eligible for installation, or for 
all affected pumps listed in Rolls-Royce Alert Non-Modification Service 
Bulletin (NMSB) RB.211-73-AK840, Original Issue, dated Sep 13, 2022 
(RB.211-73-AK840), to never be reinstalled on any U.S. registered 
carrier's engine or aircraft. AA stated that EASA AD 2022-0225 allows 
pumps modified by RB.211-73-AK840 to be reinstalled, and since EASA AD 
2022-0225 is incorporated by reference, it can be assumed that the NPRM 
also allows pumps modified by RB.211-73-AK840 to be reinstalled. AA 
also noted that paragraphs (h)(5) and (6) of the proposed AD do not 
indicate if an affected pump that is removed from service should be 
returned to the Eaton Corporation for rectification/modification. 
Additionally, AA noted that if an affected pump is not returned to the 
Eaton Corporation for rectification/modification, it will never be 
eligible for reinstallation.
    The FAA agrees to clarify. The intent of the NPRM is not to require 
that the affected parts never be reinstalled on any U.S. registered 
carrier's engine or aircraft. If an affected part is repaired, it is no 
longer considered to be included in the population of affected parts, 
and, therefore, is eligible for reinstallation. However, the FAA cannot 
require that an affected part be sent to a specific shop for repair, as 
that decision is at the discretion of the operator. Operators may elect 
to return affected fuel pumps that have been removed from service to 
the vendor, or to an approved facility for repair.

Conclusion

    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 referenced above. The FAA reviewed the relevant data, 
considered the comments received, and determined that air safety 
requires adopting the AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these products. Except for 
minor editorial changes, and any other changes described previously, 
this AD is adopted as proposed in the NPRM.

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.

Differences Between This 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 affects 2 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
----------------------------------------------------------------------------------------------------------------
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.
    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 has determined that 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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 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:
0
a. Removing Airworthiness Directive 2021-26-11, Amendment 39-21870 (86 
FR 71367, December 16, 2021); and

[[Page 65583]]

0
b. Adding the following new airworthiness directive:

2023-18-01 Rolls-Royce Deutschland Ltd & Co KG: Amendment 39-22542; 
Docket No. FAA-2023-0932; Project Identifier MCAI-2022-01491-E.

(a) Effective Date

    This airworthiness directive (AD) is effective October 30, 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, AIR-520, Continued Operational Safety 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 
responsible Flight Standards 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: <a href="/cdn-cgi/l/email-protection#c0818e85ed8184ed818d8f8380a6a1a1eea7afb6"><span class="__cf_email__" data-cfemail="80c1cec5adc1c4adc1cdcfc3c0e6e1e1aee7eff6">[email protected]</span></a>.
    (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, FAA, 2200 South 216th Street, Des Moines, WA 98198; 
phone: (781) 238-7241; email: <a href="/cdn-cgi/l/email-protection#2d5e58434a40420349034e45426d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="0271776c656f6d2c662c616a6d426463632c656d74">[email protected]</span></a>.

(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 (EASA) 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: 
<a href="/cdn-cgi/l/email-protection#80c1c4f3c0e5e1f3e1aee5f5f2eff0e1aee5f5"><span class="__cf_email__" data-cfemail="a5e4e1d6e5c0c4d6c48bc0d0d7cad5c48bc0d0">[email protected]</span></a>; 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: <a href="/cdn-cgi/l/email-protection#bbddc995d2d5c8cbded8cfd2d4d5fbd5dac9da95dcd4cd"><span class="__cf_email__" data-cfemail="c8aebae6a1a6bbb8adabbca1a7a688a6a9baa9e6afa7be">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 19, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-20635 Filed 9-22-23; 8:45 am]
BILLING CODE 4910-13-P


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