Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 45333 

58 5 U.S.C. 603(a), 604(a). 

59 5 U.S.C. 801–808. 

the Act’s new partial exemptions may 

present their data to the Bureau, but it 

does not alter those institutions’ rights 

or interests or encode substantive value 

judgments beyond furthering efficiency 

and operational goals. This interpretive 

and procedural rule is exempt from 

notice-and-comment rulemaking 

requirements under the Administrative 

Procedure Act, 5 U.S.C. 553(b). Because 

no notice of proposed rulemaking is 

required, the Regulatory Flexibility Act 

does not require an initial or final 

regulatory flexibility analysis.58

The Bureau has determined that this 

interpretive and procedural rule does 

not impose any new or revise any 

existing recordkeeping, reporting, or 

disclosure requirements on covered 

entities or members of the public that 

would be collections of information 

requiring approval by the Office of 

Management and Budget under the 

Paperwork Reduction Act, 44 U.S.C. 

3501 through 3521. To the extent that 

eligible reporters may take advantage of 

the Act’s partial exemptions, the Bureau 

lacks sufficient information at present to 

estimate the potential burden reduction. 

When the Bureau has sufficient data to 

make an estimate, it will revise its 

burden estimates as appropriate. 

XII. Congressional Review Act 

Pursuant to the Congressional Review 

Act,59 the Bureau will submit a report 

containing this interpretive rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to the 

rule’s published effective date. The 

Office of Information and Regulatory 

Affairs has designated this interpretive 

rule as not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

Dated: August 30, 2018. 

Mick Mulvaney, 

Acting Director, Bureau of Consumer 

Financial Protection. 

[FR Doc. 2018–19244 Filed 9–6–18; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2018–0777; Product 

Identifier 2018–NE–28–AD; Amendment 39– 

19366; AD 2018–17–12] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

General Electric Company (GE) GE90– 

76B, GE90–77B, GE90–85B, GE90–90B, 

and GE90–94B turbofan engines with 

full authority digital engine control 

(FADEC) software, version 9.3.2.4 or 

earlier, installed. This AD requires 

upgrading the FADEC software to a 

software version eligible for installation. 

This AD was prompted by an ice-crystal 

icing (ICI) event that caused damage to 

both engines, a single engine stall, and 

subsequent engine shutdown. We are 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective September 

24, 2018. 

We must receive comments on this 

AD by October 22, 2018. 

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 

http://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 General Electric 

Company, GE Aviation, Room 285, 1 

Neumann Way, Cincinnati, OH 45215; 

phone: 513–552–3272; email: 

aviation.fleetsupport@ge.com. 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–2018– 

0777. 

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–2018– 

0777; 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 street address for the 

Docket Operations (phone: 800–647– 

5527) is listed above. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: John 

Frost, Aerospace Engineer, ECO Branch, 

FAA, 1200 District Avenue, Burlington, 

MA 01803; phone: 781–238–7756; fax: 

781–238–7199; email: john.frost@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We received a report of a commanded 

in-flight shutdown and an air turn back 

shortly after takeoff. After further 

investigation, the operator found highpressure compressor (HPC) damage, 

which was the result of an earlier ICI 

event. After the ICI event and 

subsequent progressive HPC damage, 

engine performance decreased and an 

engine stall occurred. As a result, GE 

improved the FADEC software to 

provide ICI event detection and to 

provide an alternate variable bypass 

valve (VBV) schedule that opens the 

VBV doors to extract ice crystals from 

the core flowpath and reduce accretion 

when ICI is detected. This condition, if 

not addressed, could result in failure of 

the HPC, failure of one or more engines, 

loss of thrust control, and loss of the 

airplane. We are issuing this AD to 

address the unsafe condition on these 

products. 

Related Service Information 

We reviewed GE GE90 Service 

Bulletin (SB) 73–0146, dated May 2, 

2018. The SB introduces new FADEC 

software and describes procedures for 

upgrading the FADEC software. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 


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45334 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 

develop in other products of the same 

type design. 

AD Requirements 

This AD requires upgrading the 

FADEC software to a software version 

eligible for installation. 

Differences Between the AD and the 

Service Information 

GE GE90 SB 73–0146, dated May 2, 

2018, recommends that you load the 

new FADEC software as soon as 

possible, but no later than six months 

after the original issue date of the SB. 

This AD requires compliance within 90 

days after the effective date of this AD. 

We expect this difference to be minimal 

because the GE SB was issued earlier 

than this AD. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD without providing an opportunity 

for public comments prior to adoption. 

The FAA has found that the risk to the 

flying public justifies waiving notice 

and comment prior to adoption of this 

rule because engine failure due to an ICI 

event is more likely to occur during the 

current convective weather season and 

such failure could result in failure of 

one or more engines and loss of the 

airplane. Because of this, the 

compliance time for the required action 

is shorter than the time necessary for the 

public to comment and for us to publish 

the final rule to ensure the unsafe 

condition is fixed during the convective 

weather season. Therefore, we find good 

cause that notice and opportunity for 

prior public comment are impracticable. 

In addition, for the reason stated above, 

we find 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, we invite 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–2018–0777 and Product Identifier 

2018–NE–28–AD at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this final rule. We will 

consider all comments received by the 

closing date and may amend this final 

rule because of those comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this final rule. 

Costs of Compliance 

We estimate that this AD affects 57 

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 

Upgrade the FADEC software ........................ 1 work-hour × $85 per hour = $85 ................. $0 $85 $4,845 

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 

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 

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 adding 

the following new airworthiness 

directive (AD): 

2018–17–12 General Electric Company: 

Amendment 39–19366; Docket No. 

FAA–2018–0777; Product Identifier 

2018–NE–28–AD. 

(a) Effective Date 

This AD is effective September 24, 2018. 

(b) Affected ADs 

None. 


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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 45335 

(c) Applicability 

This AD applies to all GE GE90–76B, 

GE90–77B, GE90–85B, GE90–90B, and GE90– 

94B turbofan engines with full authority 

digital engine control (FADEC) software, 

version 9.3.2.4 or earlier, installed. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 7230, Turbine Engine Compressor 

Section. 

(e) Unsafe Condition 

This AD was prompted by an ice-crystal 

icing event that caused damage to both 

engines, a single engine stall, and subsequent 

engine shutdown. We are issuing this AD to 

prevent failure of the high-pressure 

compressor (HPC). The unsafe condition, if 

not addressed, could result in failure of the 

HPC, 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) Within 90 days after the effective date 

of this AD, remove FADEC software, version 

9.3.2.4 or earlier, from the engine. 

(2) Install a FADEC software version 

eligible for installation. 

(h) Installation Prohibition 

Within 90 days after the effective date of 

this AD, do not operate any engine with 

FADEC software, version 9.3.2.4 or earlier, 

installed. 

(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) 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 

For more information about this AD, 

contact John Frost, Aerospace Engineer, ECO 

Branch, FAA, 1200 District Avenue, 

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

7756; fax: 781–238–7199; email: john.frost@

faa.gov. 

(k) Material Incorporated by Reference 

None. 

Issued in Burlington, Massachusetts, on 

August 30, 2018. 

Karen M. Grant, 

Acting Manager, Engine and Propeller 

Standards Branch, Aircraft Certification 

Service. 

[FR Doc. 2018–19282 Filed 9–6–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–1050; Product 

Identifier 2017–NE–39–AD; Amendment 39– 

19393; AD 2018–18–14] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

Deutschland Ltd & Co KG Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Rolls-Royce Deutschland Ltd & Co KG 

(RRD) BR700–710A2–20 and BR700– 

710C4–11 turbofan engines. This AD 

was prompted by reports of 

deterioration of the intumescent heat 

resistant paint system on the electronic 

engine controller (EEC) firebox assembly 

that was found to be beyond acceptable 

limits. This AD requires replacement of 

affected EEC firebox assembly parts 

with improved parts, which have a more 

durable paint system. We are issuing 

this AD to address the unsafe condition 

on these products. 

DATES: This AD becomes effective 

October 12, 2018. 

ADDRESSES: For service information 

identified in this final rule, contact 

Rolls-Royce Deutschland Ltd & Co KG, 

Eschenweg 11, Dahlewitz, 15827 

Blankenfelde-Mahlow, Germany; phone: 

+49 (0) 33 7086 2673; fax: +49 (0) 33 

7086 3276. You may view this 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. It is also available on the internet 

at http://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2017–1050. 

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– 

1050; 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 AD, the 

mandatory continuing airworthiness 

information (MCAI), the regulatory 

evaluation, any comments received, and 

other information. The address for 

Docket Operations (phone: 800–647– 

5527) 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. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Caufield, Aerospace Engineer, 

ECO Branch, FAA, 1200 District 

Avenue, Burlington, MA, 01803; phone: 

781–238–7146; fax: 781–238–7199; 

email: barbara.caufield@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain RRD BR700–710A2–20 

and BR700–710C4–11 turbofan engines. 

The NPRM published in the Federal 

Register on February 12, 2018 (83 FR 

5963). The NPRM was prompted by 

reports of deterioration of the 

intumescent heat resistant paint system 

on the EEC firebox assembly that was 

found to be beyond acceptable limits. 

The NPRM proposed to require 

replacement of affected EEC firebox 

assembly parts with improved parts, 

which have a more durable paint 

system. We are issuing this AD to 

address the unsafe condition on these 

products. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD 2017– 

0198, dated October 10, 2017 (referred 

to after this as ‘‘the MCAI’’), to address 

the unsafe condition on these products. 

The MCAI states: 

Occurrences were reported where 

deterioration of an Electronic Engine 

Controller (EEC) firebox assembly 

intumescent heat resistant paint system was 

found to be beyond acceptable limits. 

Subsequent investigation determined that 

lack of paint adhesion, due to incorrect 

surface preparation during manufacturing, 

had caused this deterioration. 

This condition, if not corrected, could 

reduce the fire protection capability of the 

EEC firebox, possibly leading to reduced 

control of an engine during engine fire, 

engine overspeed and release of high-energy 

debris, resulting in damage to, and/or 

reduced control of, the aeroplane. 

To address this potential unsafe condition, 

RRD issued Alert SB SB–BR700–73– 

A101977, SB–BR700–73–A101981 and SB– 

BR700–73–A101985 to provide modification 


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