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[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Rules and Regulations]
[Pages 45842-45845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17296]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1114; Directorate Identifier 2012-NE-21-AD; 
Amendment 39-17511; AD 2013-14-06]
RIN 2120-AA64

Airworthiness Directives; CFM International, S. A. Turbofan 
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
CFM International, S. A. (CFM) model CFM56-5 and CFM56-5B series 
turbofan engines. This AD was prompted by corrosion of the delta-P 
valve in the hydro-mechanical unit (HMU) fuel control caused by 
exposure to type TS-1 fuel. This AD requires cleaning, inspection, and 
repair of affected HMUs. We are issuing this AD to prevent seizure of 
the HMU, leading to failure of one or more engines and damage to the 
airplane.

DATES: This AD is effective September 3, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of September 3, 
2013.

ADDRESSES: The Docket Operations office is located at Docket Management 
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue 
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.
    For service information identified in this AD, contact CFM 
International Inc., Aviation Operations Center, 1 Neumann Way, M/D Room 
285, Cincinnati, OH 45125; International phone: 513-552-3272; USA 
phone: 877-432-3272; International fax: 513-552-3329; USA fax: 877-432-
3329; email: geae.aoc@ge.com; or CFM International SA, Customer Support 
Center, International phone: 33 1 64 14 88 66; fax: 33 1 64 79 85 55; 
email: snecma.csc@snecma.fr. You may view this service information at 
the FAA, Engine & Propeller Directorate, 12 New England Executive Park, 
Burlington, MA. For information on the availability of this material at 
the FAA, call 781-238-7125.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is provided in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Martin Adler, Aerospace Engineer, 
Engine Certification Office, FAA, Engine & Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803; phone: 781-238-7157; 
fax: 781-238-7199; email: martin.adler@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
The NPRM was published in the Federal Register on January 14, 2013 (78 
FR

[[Page 45843]]

2644). The NPRM proposed to require cleaning, inspection, and repair of 
the affected HMUs.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and the FAA's response to each comment.

Agreement With the Proposed AD

    American Airlines supports the NPRM (78 FR 2644, January 14, 2013) 
and does not foresee being impacted by this AD now or in the future.

Request To Include Minimum Threshold for TS-1 Fuel Usage

    Seven commenters requested that the NPRM (78 FR 2644, January 14, 
2013) be modified to include a minimum threshold for TS-1 fuel usage 
similar to the service bulletins (SBs). The reason for this request is 
that the NPRM differs from the service information. The data does not 
support the more restrictive applicability called for by the NPRM. The 
European Aviation Safety Agency (EASA) AD 2012-0123, dated July 9, 
2012, is less restrictive as well. There have been no events since 
implementation of the EASA AD and since the latest versions of the CFM 
SBs. Several carriers questioned whether the data supports having no 
threshold and if in-flight shutdown events truly apply to the worldwide 
fleet.
    We partially agree with including a minimum usage threshold. We 
have no technical objections to the usage threshold utilized in the CFM 
SBs. However, since there are no U.S. operators using TS-1 fuel, there 
is no benefit to increasing the complexity of the AD. We did not change 
the AD.

Request To Reduce Applicability To Match EASA AD

    Five commenters requested that the NPRM (78 FR 2644, January 14, 
2013) be modified to reduce the applicability to match the EASA AD. The 
reason for this request is that the data does not support the more 
restrictive applicability called for by the NPRM. The EASA AD 
applicability is less restrictive. There have been no events since 
implementation of the EASA AD and the latest versions of the CFM SBs.
    We do not agree. No U.S. operators use TS-1 fuel. Therefore, there 
is no benefit to increasing the complexity of the AD. We did not change 
the AD.

Request To Eliminate TS-1 Fuel Usage Recording

    Five air carriers requested that the NPRM (78 FR 2644, January 14, 
2013) be modified to eliminate TS-1 fuel usage recording. The reason 
for this request is that the additional record keeping will add cost 
and complexity. This will be a burden to the operators.
    We do not agree. TS-1 fuel usage records are required for 
enforcement of the AD. In addition, many operators already track fuel 
usage for business purposes. The creation and retention of TS-1 fuel 
records required by this AD is not considered an undue burden. We did 
not change the AD.

Request To Delay Issuance of AD

    CFM and Airbus requested that we delay issuing the AD until mid-
2013. The reason for this request is that CFM is conducting additional 
testing and analysis to further validate the usage threshold called out 
in the SBs.
    We do not agree. We have no technical objections to the usage 
threshold utilized in the CFM SBs. However, since there are no U.S. 
operators using TS-1 fuel, there is no benefit to increasing the 
complexity of the AD. We did not change the AD.

Request Clarification of Differences Between NPRM and EASA AD

    Lufthansa Technik noted that there are significant differences 
between the NPRM (78 FR 2644, January 14, 2013) and the EASA AD. 
Lufthansa Technik questioned whether the agencies have differing 
opinions of the technical issue.
    We do not agree. The technical understanding of the issue is 
consistent, but differences in procedure and policy result in the 
differences between the NPRM (78 FR 2644, January 14, 2013) and the 
EASA AD.

Request To Define Parameters for Recording TS-1 Fuel Usage

    Lufthansa Technik pointed out that the specific parameters to 
record TS-1 fuel usage are not well defined and asked if it is the 
intention to track fuel volume or the number of fuel uploads. The 
reason for this request is to clarify units to be measured for TS-1 
fuel usage.
    We do not agree. The actions are required regardless of the amount 
of TS-1 exposure. The intent is to track if an HMU has been exposed to 
TS-1 fuel. We did not change the AD.

Request To Allow Earlier Versions of the SB To Be Used

    Lufthansa Technik and Virgin America Airlines requested that use of 
earlier revisions of the SBs be allowed. Earlier revisions of the SB 
allow cleaning or replacement of the delta-P valve. The latest 
revisions only allow replacement of the delta-P valve. Cleaning has 
proven effective at eliminating the issue, so replacement in all cases 
is not required. Also, the general inspection procedure has not changed 
from the initial release of the SBs to the one called out by the AD.
    We agree. Cleaining of the HMU delta-P valve is effective at 
mitigating the risk of this issue and should be allowed. We changed 
this AD to reference the following service information to do the 
inspection: paragraph 3.A(2) of CFM SB CFM56-5 S/B 73-0182, Revision 6, 
dated March 8, 2012; or CFM SB CFM56-5B S/B 73-0122, Revision 8, dated 
March 8, 2012.

Request To Clarify Reporting Requirements

    TAP Portugal asks if the AD includes a usage threshold calculation, 
would time spent in storage be discounted from the calculation? The 
reason for this request is to seek clarification on threshold 
calculation.
    We do not agree. The AD does not include a usage threshold. We did 
not change the AD.

Request Change to Applicability

    TAP Portugal requested that the AD also apply to the CFM56-5C 
engine. The reason for this request is that there are many 
interchangable parts between CFM56-5C and the affected engines.
    We do not agree. The data received for HMU corrosion and subsequent 
engine shutdown have all come from CFM56-5A and CFM56-5B engines, which 
are used on a different family of airplanes than CFM56-5C. At this 
time, there is insufficient data to support adding the CFM56-5C to the 
Applicability paragraph. We did not change the AD.

Request Clarification for the Definition of Overhaul

    Air France requested that we clarify the definition of overhaul. 
HMU overhaul is defined in the Component Maintenance Manual as specific 
maintenance which may or may not align with the maintenance required by 
this AD. This could cause conflicts and confusion when attempting to 
comply with the AD.
    We agree. The intent of the AD when referring to overhaul is 
anytime the HMU delta-P valve is inspected, cleaned, or replaced. We 
added the following defintion to the AD: ``For the purposes of this AD, 
overhaul is defined as HMU maintenance, which includes inspection, 
cleaning, or replacement of the HMU delta-P valve.''

Request Increase in Compliance Time

    Rossiya Airlines requested an increase in initial compliance time 
for an HMU

[[Page 45844]]

with more than 8,000 hours to be 24 months or 4,200 hours. The 
utilization rate of Rossiya Airlines is above 3,800 hours per year. The 
current compliance equates to less than one year in which to fully 
comply with the AD. The reason for this request is that the number of 
spare and rotable engines does not support the compliance time rate 
requirement.
    We partially agree with increasing the initial compliance time. The 
intent of the initial compliance time was to allow sufficient time for 
all of the high-time impacted HMUs to be replaced. The 2,000-hour 
allowance did not take into account the high-time utilization rates of 
some operators. The initial inspection compliance times are revised to 
allow up to 4,000 hours from the effective date of the AD. We disagree 
with increasing the initial inspection compliance times to 4,200 hours 
because that does not mitigate the unsafe condition.

Request To Delete Initial Cleaning Requirement

    Lufthansa Technik noted that the lack of records for prior TS-1 
fuel usage will make determination of usage extremely difficult. In 
addition, this determination will need to be made for all engines and 
HMUs worldwide. The reason for this request is that lease components, 
lease engines, and component pools transferred between operators might 
have exposed an HMU to TS-1 fuel. The exposed HMU might then get 
transferred to a region where TS-1 fuel is not used, such as the United 
States.
    We do not agree. An initial inspection of the HMU is required 
unless it can be shown that the HMU has never been exposed to TS-1 
fuel. We did not change the AD.

Request for Consideration of Costs to Worldwide Fleet

    Air France requested that we include consideration for the costs to 
the worldwide fleet. The NPRM (78 FR 2644, January 14, 2013) stated 
that there is no impact to U.S. operators; however, European operators 
would be impacted. The reason for this request is to expand cost 
considerations to include the worldwide fleet.
    We do not agree. The AD only applies to U.S.-registered aircraft. 
Foreign operators must comply with the regulations of their local 
authority. The cost considerations listed in the AD reflect the impact 
to U.S. operators only. We did not change the AD.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of this AD.

Costs of Compliance

    We estimate that this AD will not affect any products of U.S. 
registry. Based on these figures, we estimate this AD to have no cost 
impact to U.S. operators.

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.

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 to the extent 
that it justifies making a regulatory distinction, 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

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 (AD):

2013-14-06 CFM International, S. A.: Amendment 39-17511; Docket No. 
FAA-2012-1114; Directorate Identifier 2012-NE-21-AD.

(a) Effective Date

    This AD is effective September 3, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to CFM International S.A. (CFM) model CFM56-5 
and CFM56-5B series turbofan engines with any of the hydro-
mechanical unit (HMU) fuel control part numbers (P/Ns) in paragraphs 
(c)(1) and (c)(2) of this AD, installed:
    (1) CFM56-5: CFM P/Ns 1348M79P02; 1348M79P03; 1348M79P04; 
1348M79P06; 1348M79P07; 1348M79P08; 1348M79P09; 1348M79P10; 
1348M79P11; 1348M79P12; 1348M79P13; and 1348M79P14.
    (2) CFM56-5B: CFM P/Ns: 1348M79P08; 1348M79P09; 1348M79P10; 
1348M79P11; 1348M79P12; 1348M79P13; and 1348M79P14.

(d) Unsafe Condition

    This AD was prompted by corrosion of the delta-P valve in the 
HMU fuel control caused by exposure to type TS-1 fuel. We are 
issuing this AD to prevent seizure of the HMU, leading to failure of 
one or more engines, and damage to the airplane.

(e) Compliance

    Unless already done, do the following:

(f) Record Type TS-1 Fuel Usage

    (1) From the effective date of this AD, record all TS-1 fuel 
usage.
    (2) If the HMU never uses TS-1 fuel, no further action is 
required.

(g) Initial Inspection

    If the HMU has operated on TS-1 fuel, inspect the HMU for 
corrosion as follows:
    (1) For an HMU that has operated for fewer than 6,000 hours 
since new (HSN) or hours since last overhaul, inspect the HMU before 
10,000 HSN or hours since last overhaul, whichever comes later.
    (2) For an HMU that has operated for 6,000 or more HSN or hours 
since last overhaul, inspect the HMU within 24 months or 4,000 hours 
after the effective date of this AD, whichever comes first.

[[Page 45845]]

    (3) Use paragraph 3.A(2) of CFM Service Bulletin (SB) No. CFM56-
5 S/B 73-0182, Revision 6, dated March 8, 2012, or CFM SB No. CFM56-
5B S/B 73-0122, Revision 8, dated March 8, 2012, to do the 
inspection.

(h) Repetitive Inspections

    Repeat the inspection required in paragraph (g)(3) of this AD 
before 10,000 hours since last overhaul if, after last overhaul, the 
HMU is exposed to TS-1 fuel.

(i) Credit for Previous Actions

    If the HMU has not been exposed to TS-1 fuel since the last 
overhaul, then the initial inspection in paragraph (g) of this AD is 
not required.

(j) Definitions

    For the purposes of this AD, overhaul is defined as HMU 
maintenance, which includes inspection, cleaning, or replacement of 
the HMU delta-P valve.

(k) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(l) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for 
this AD. Use the procedures found in 14 CFR 39.19 to make your 
request.

(m) Related Information

    (1) For more information about this AD, contact Martin Adler, 
Aerospace Engineer, Engine Certification Office, FAA, Engine & 
Propeller Directorate, 12 New England Executive Park, Burlington, MA 
01803; phone: 781-238-7157; fax: 781-238-7199; email: 
martin.adler@faa.gov.
    (2) Refer to European Aviation Safety Agency, AD 2012-0123, 
dated July 9, 2012, for more information. You may examine this AD on 
the Internet at http://www.regulations.gov.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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) CFM International, S. A. (CFM) Service Bulletin No. CFM56-5 
S/B 73-0182, Revision 6, dated March 8, 2012.
    (ii) CFM Service Bulletin No. CFM56-5B S/B 73-0122, Revision 8, 
dated March 8, 2012.
    (3) For CFM International, S. A. service information identified 
in this AD, contact CFM International Inc., Aviation Operations 
Center, 1 Neumann Way, M/D Room 285, Cincinnati, OH 45125; 
International phone: 513-552-3272; USA phone: 877-432-3272; 
International fax: 513-552-3329; USA fax: 877-432-3329; email: 
geae.aoc@ge.com; or CFM International SA, Customer Support Center, 
International phone: 33 1 64 14 88 66; International fax: 33 1 64 79 
85 55; email: snecma.csc@snecma.fr.
    (4) You may view this service information at FAA, Engine & 
Propeller Directorate, 12 New England Executive Park, Burlington, 
MA. For information on the availability of this material at the FAA, 
call 781-238-7125.
    (5) You may view this service information at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on July 9, 2013.
Robert J. Ganley,
Acting Assistant Manager, Engine & Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 2013-17296 Filed 7-29-13; 8:45 am]
BILLING CODE 4910-13-P
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