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.

Rules and Regulations Federal Register

42771 

Vol. 83, No. 165 

Friday, August 24, 2018 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–1107; Product 

Identifier 2016–NE–22–AD; Amendment 39– 

19330; AD 2018–14–10] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney Division Turbofan 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2017–12– 

03 for certain Pratt & Whitney Division 

(PW) PW2037, PW2037M, and PW2040 

turbofan engines. AD 2017–12–03 

required installing a software standard 

eligible for installation and precludes 

the use of electronic engine control 

(EEC) software standards earlier than 

SCN 5B/I. This AD requires installing a 

software standard eligible for 

installation and preclude the use of EEC 

software standards earlier than SCN 5B/ 

I or SCN 27A. This AD was prompted 

by an unrecoverable engine in-flight 

shutdown (IFSD) after an ice crystal 

icing event. We are issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective September 

28, 2018. 

ADDRESSES: For service information 

identified in this final rule, contact Pratt 

& Whitney Division, 400 Main St., East 

Hartford, CT, 06118; phone: 800–565– 

0140; fax: 860–565–5442. You may view 

this service information at the FAA, 

Engine and Propeller Standards 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 http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

1107. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

1107; 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 regulatory evaluation, any 

comments received, and other 

information. The address for Docket 

Operations (phone: 800–647–5527) is 

Document Operations, U.S. Department 

of Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC, 20590. 

FOR FURTHER INFORMATION CONTACT: 

Kevin M. Clark, Aerospace Engineer, 

ECO Branch, FAA, 1200 District 

Avenue, Burlington, MA, 01803; phone: 

781–238–7088; fax: 781–238–7199; 

email: kevin.m.clark@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2017–12–03, 

Amendment 39–18918 (82 FR 27411, 

June 15, 2017), (‘‘AD 2017–12–03’’). AD 

2017–12–03 applied to certain PW 

PW2037, PW2037M, and PW2040 

turbofan engines. The NPRM published 

in the Federal Register on December 15, 

2017 (82 FR 59557). The NPRM was 

prompted by an unrecoverable engine 

IFSD after an ice crystal icing event. The 

NPRM proposed to require installation 

of EEC software standards that became 

available since issuing AD 2017–12–03 

for additional EEC models and preclude 

the use of EEC software standards 

earlier than SCN 5B/I or SCN 27A. We 

are issuing this AD to address the unsafe 

condition on these products. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Request To Clarify Installation 

Prohibition 

PW, Delta Air Lines (Delta), FedEx 

Express (FedEx), and United Airlines 

requested clarification to paragraph 

(h)(2), Installation Prohibition. FedEx 

reasoned that paragraph (h)(2) would 

prohibit installation of software 

standard earlier than SCN 27A in all 

EEC models, which includes models 

with 24K of memory. 

We agree. The intent of this AD is not 

to prohibit installation of software 

standard earlier than SCN 27A into EEC 

models with 24K memory. We clarified 

paragraph (h)(2) of this AD to identify 

the EECs by part number (P/N) that are 

prohibited from installation with 

software earlier than SCN 27A. 

Request To Change Shop Visit 

Delta and FedEx requested that we 

change the compliance criteria from 

engine shop visit to EEC shop visit in 

paragraphs (g)(1), (2), and (3). 

We disagree. Using engine shop visit 

as compliance criteria provides a rate of 

incorporation of the improved software 

standard that meets the safety objectives 

of this AD while not putting additional 

burden on the operators. We did not 

change this AD. 

Request To Revise the Costs of 

Compliance 

PW requested that we modify the 

Costs of Compliance for engines affected 

by this AD from an estimated 587 

engines to 344 engines installed on 

airplanes of U.S. registry. 

We agree. We updated the Costs of 

Compliance to reflect that this AD 

affects an estimated 344 engines 

installed on airplanes of U.S. registry. 

Delta and FedEx requested that we 

modify the Costs of Compliance to 

include the labor costs for removing the 

EEC from the airplane and 

reprogramming the EEC software. FedEx 

reasoned that the Costs of Compliance 

underestimated the labor costs for 

reprogramming the EEC software. 

We partially agree. We agree that we 

underestimated the time to upgrade the 

EEC software as older hardware requires 

additional steps. We disagree with 

including the estimated time of 

removing the EEC from the engine 

because the upgrade is occurring at an 

already scheduled shop visit. The Costs 

of Compliance includes the cost of 

teardown and reprogramming the EEC 

software. We updated the Costs of 

Compliance to reflect more accurately 

the labor cost for these actions. 


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42772 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 

Request To Change Compliance 

Requirements 

Delta requested that the software 

standard upgrades, as required in 

paragraph (g)(1) of this AD, be 

established as part of the extended 

operations (ETOPS) configuration 

requirements. Delta reasoned that this 

would be more effective than the 

proposed AD applicability in targeting 

aircraft that are operating in the AsiaPacific region where weather conditions 

are most prevalent for ice crystal icing. 

Delta also requested that the list of 

engine serial numbers (ESNs) referenced 

in paragraph (g)(1) of this AD, which 

defines the engines with the reduced 

compliance deadline, be updated to 

reflect the current list of engines 

operating in the Asia-Pacific region. 

We disagree. Removing the reference 

to specific ESNs and making the 

requirements of paragraph (g)(1) of this 

AD as part of the ETOPS configuration 

requirements would make this AD 

applicable to all ETOPS engines. 

Operators that operate ETOPS flights 

outside the Asia-Pacific region would be 

mandated to the earlier compliance time 

unnecessarily. In addition, revising the 

ESN list to include additional engines 

would cause difficulties for operators in 

meeting the compliance times. We will 

review any Alternative Methods of 

Compliance (AMOC) requests submitted 

to cover the regional risk to any 

operator’s specific fleet. We did not 

change this AD. 

Request To Clarify Software Update 

and Older EECs Models 

Delta requested that we modify the 

‘‘Actions Since AD 2017–12–03 Was 

Issued’’ and ‘‘Proposed AD 

Requirements’’ paragraphs to clarify that 

the software upgrades this AD requires 

apply to older EEC models but not to 

older engine models. These software 

upgrades were not available when AD 

2017–12–03 was issued. 

We disagree. We did not modify the 

‘‘Actions Since AD 2017–12–03 Was 

Issued’’ and ‘‘Proposed AD 

Requirements’’ paragraphs because 

these paragraphs are not included in 

this final rule. We acknowledge in the 

Discussion paragraph that the software 

upgrades in this AD apply to older EEC 

models. We did not change this AD. 

Request To Change EEC P/N 

Nomenclature 

Delta requested that we replace the 

PW P/N in paragraphs (c)(2) and (g)(2) 

of this AD with the Hamilton 

Sundstrand (UTC Aerospace Systems) 

P/Ns. The Hamilton Sundstrand P/Ns 

are identified on the EEC data plate and 

are used in maintenance instructions. 

We disagree. This AD applies to 

certain PW2037, PW2037M, and 

PW2040 turbofan engines and it is 

appropriate to use the design approval 

holders P/Ns for components installed 

on those engines. We did not change 

this AD. 

Request To Change Engine S/Ns to EEC 

S/Ns 

FedEx requested that we modify the 

reference in Figure 1 to paragraph (g) of 

this AD from ESN to EEC S/Ns. FedEx 

reasoned that EECs are LRUs that can be 

rotated between engines. Tracking by 

EEC S/N would enhance engine 

operating reliability by ensuring that 

only compliant units are installed on 

engines operated in regions of interest. 

We disagree. Since we are aware of 

ESNs subject to the unsafe conditions 

described by this AD action, we find 

that linking compliance to ESNs 

satisfies the safety objective of this AD. 

In addition, changing from ESNs to EEC 

S/Ns would cause difficulties for 

operators in meeting the compliance 

times. We did not change this AD. 

Request To Extend the Compliance End 

Date 

FedEx requested that we extend the 

compliance end date, of July 1, 2024, to 

allow additional time to comply with 

the AD requirements and to be 

consistent with the seven-year 

compliance time set in AD 2017–12–03. 

We disagree. The requirements in this 

AD are intended to address an unsafe 

condition on these engines and are 

based on several considerations 

including a risk analysis. The 

compliance times in this AD are 

necessary to meet the safety objectives 

of this AD. We did not change this AD. 

Support for the AD 

The Air Line Pilots Association 

expressed support for the NPRM as 

written. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting this AD 

with the changes described previously 

except for minor editorial changes. We 

have determined that these minor 

changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

addressing the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Related Service Information 

We reviewed PW Alert Service 

Bulletin (ASB) PW2000 A73–170, dated 

July 14, 2016, and PW ASB PW2000 

A73–171, dated March 24, 2017. The 

ASBs describe procedures for modifying 

or replacing the EEC. 

Costs of Compliance 

We estimate that this AD affects 344 

engines installed on airplanes of U.S. 

registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

EEC software installation ................................ 4 work-hours × $85 per hour = $340 ............. 0 $340 $116,960 

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. 

We are 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 


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Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 42773 

products identified in this rulemaking 

action. 

This AD is issued in accordance with 

authority delegated by the Executive 

Director, Aircraft Certification Service, 

as authorized by FAA Order 8000.51C. 

In accordance with that order, issuance 

of ADs is normally a function of the 

Compliance and Airworthiness 

Division, but during this transition 

period, the Executive Director has 

delegated the authority to issue ADs 

applicable to engines, propellers, and 

associated appliances to the Manager, 

Engine and Propeller Standards Branch, 

Policy and Innovation Division. 

Regulatory Findings 

We have 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) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Airworthiness Directive (AD) 

2017–12–03, Amendment 39–18918 (82 

FR 27411), and adding the following 

new AD: 

2018–14–10 Pratt & Whitney Division: 

Amendment 39–19330; Docket No. 

FAA–2017–1107; Product Identifier 

2016–NE–22–AD. 

(a) Effective Date 

This AD is effective September 28, 2018. 

(b) Affected ADs 

This AD replaces AD 2017–12–03, 

Amendment 39–18918 (82 FR 27411, June 

15, 2017). 

(c) Applicability 

This AD applies to: 

(1) All Pratt & Whitney Division (PW) 

PW2037, PW2037M, and PW2040 turbofan 

engines with electronic engine control (EEC), 

model number EEC104–40 or EEC104–60, 

installed, with an EEC software standard 

earlier than SCN 5B/I; and 

(2) All PW PW2037, PW2037M, and 

PW2040 turbofan engines with EEC, model 

number EEC104–1, with part numbers (P/Ns) 

1B7484, 1B7486, 1B7984, or 1B7985, 

installed, with an EEC software standard 

earlier than SCN 27A. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 7321, Fuel Control Turbine Engines. 

(e) Unsafe Condition 

This AD was prompted by an 

unrecoverable engine in-flight shutdown 

after an ice crystal icing event. We are issuing 

this AD to prevent failure of the highpressure turbine and rotor seizure. The 

unsafe condition, if not corrected, 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 

(1) For an engine with an EEC model 

number EEC104–40 or EEC104–60 and a 

serial number (S/N) listed in Figure 1 to 

paragraph (g) of this AD, upgrade any EEC 

software standards earlier than SCN 5B/I or 

replace the EEC with a part eligible for 

installation at the next engine shop visit, or 

before December 1, 2018, whichever occurs 

first. 

(2) For an engine with an EEC model 

number EEC104–40 or EEC104–60 and an S/ 

N not listed in Figure 1 to paragraph (g) of 

this AD, upgrade any EEC software standards 

earlier than SCN 5B/I or replace the EEC with 

a part eligible for installation at the next 

engine shop visit, or before July 1, 2024, 

whichever occurs first. 

(3) For an engine with an EEC model 

number EEC104–1 with P/N 1B7484, 1B7486, 

1B7984, or 1B7985, upgrade any EEC 

software standards earlier than SCN 27A or 

replace the EEC with a part eligible for 

installation at the next engine shop visit, or 

before July 1, 2024, whichever occurs first. 


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42774 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 

(h) Installation Prohibition 

After the effective date of this AD, do not 

install any software standard earlier than: 

(1) SCN 5B/I into any EEC model number 

EEC104–40 or EEC104–60; or 

(2) SCN 27A into any EEC model number 

EEC104–1 with P/N 1B7484, 1B7486, 

1B7984, or 1B7985. 

(i) Definition 

For the purpose of this AD, an ‘‘engine 

shop visit’’ is the induction of an engine into 

the shop for maintenance involving the 

separation of pairs of major mating engine 

flanges, except that the separation of engine 

flanges solely for the purposes of 

transportation of the engine without 

subsequent engine maintenance does not 

constitute an engine shop visit. 

(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)(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. 

(k) Related Information 

(1) For more information about this AD, 

contact Kevin M. Clark, Aerospace Engineer, 

ECO Branch, FAA, 1200 District Avenue, 

Burlington, MA, 01803; phone: 781–238– 

7088; fax: 781–238–7199; email: 

kevin.m.clark@faa.gov. 

(2) For service information identified in 

this AD, contact Pratt & Whitney Division, 

400 Main St., East Hartford, CT, 06118; 

phone: 800–565–0140; fax: 860–565–5442. 

You may view this referenced service 

information at the FAA, Engine & Propeller 

Standards Branch, 1200 District Avenue, 

Burlington, MA, 01803. For information on 

the availability of this material at the FAA, 

call 781–238–7759. 

(l) Material Incorporated by Reference 

None. 

Issued in Burlington, Massachusetts, on 

August 21, 2018. 

Karen M. Grant, 

Acting Manager, Engine and Propeller 

Standards Branch, Aircraft Certification 

Service. 

[FR Doc. 2018–18373 Filed 8–23–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 0 

[Directive No. 73A] 

Redelegation Concerning International 

Prisoner Transfer Program 

AGENCY: Office of the Assistant Attorney 

General, Criminal Division, Department 

of Justice. 

ACTION: Final rule. 

SUMMARY: Current Department of Justice 

regulations delegate to the Assistant 

Attorney General for the Criminal 

Division certain authorities of the 

Attorney General concerning transfer of 

offenders to or from foreign countries, 

including the authority to find 


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