Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 12585 

(g) Related Information 

(1) For more information about this AD, 

contact Philip Haberlen, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 1200 District Avenue, 

Burlington, MA 01803; phone: 781–238– 

7770; fax: 781–238–7199; email: 

philip.haberlen@faa.gov. 

(2) Refer to MCAI European Aviation 

Safety Agency AD 2015–0162, dated August 

6, 2015, for more information. You may 

examine the MCAI in the AD docket on the 

Internet at http://www.regulations.gov/

#!documentDetail;D=FAA-2015-3753-0001. 

(h) 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) Turbomeca S.A. Mandatory Service 

Bulletin No. 292 72 2861, Version A, dated 

April 24, 2015. 

(ii) Reserved. 

(3) For Turbomeca S.A. service information 

identified in this AD, contact Turbomeca 

S.A., 40220 Tarnos, France; phone: 33 0 5 59 

74 40 00; fax: 33 0 5 59 74 45 15. 

(4) You may view this service information 

at FAA, Engine & Propeller Directorate, 1200 

District Avenue, 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/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

February 18, 2016. 

Ann C. Mollica, 

Acting Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–05318 Filed 3–9–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1331; Directorate 

Identifier 2012–NE–44–AD; Amendment 39– 

18390; AD 2016–03–03] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

plc Turbojet Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding 

airworthiness directive (AD) 2013–11– 

13 for all Rolls-Royce plc (RR) Viper 

Mk. 601–22 turbojet engines. AD 2013– 

11–13 required reducing the life of 

certain critical parts. This AD adds two 

new engine models and additional 

engine parts to the applicability. This 

AD was prompted by a determination by 

RR that additional parts for the RR Viper 

Mk. 601–22 as well as additional engine 

models are affected. We are issuing this 

AD to prevent failure of life-limited 

parts, which could lead to an 

uncontained part release, damage to the 

engine, and damage to the airplane. 

DATES: This AD is effective April 14, 

2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publication listed in this AD 

as of April 14, 2016. 

ADDRESSES: For service information 

identified in this AD, contact DA 

Services Operations Room at RollsRoyce plc, Defense Sector Bristol, WH– 

70, P.O. Box 3, Filton, Bristol BS34 7QE, 

United Kingdom; phone: +44 (0) 117 97 

90700; fax: +44 (0) 117 97 95498; email: 

defence-operations-room@rollsroyce.com. You may view this service 

information at the FAA, Engine & 

Propeller Directorate, 1200 District 

Avenue, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

It is also available on the Internet at 

http://www.regulations.gov by searching 

for and locating Docket No. FAA–2012– 

1331. 

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–2012– 

1331; 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 mandatory 

continuing airworthiness information, 

regulatory evaluation, any comments 

received, and other information. The 

address for the Docket Office (phone: 

800–647–5527) is Document 

Management Facility, 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: 

Philip Haberlen, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 1200 District 

Avenue, Burlington, MA 01803; phone: 

781–238–7770; fax: 781–238–7199; 

email: philip.haberlen@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2013–11–13, 

Amendment 39–17473 (78 FR 34550, 

June 10, 2013), (‘‘AD 2013–11–13’’). AD 

2013–11–13 applied to the specified 

products. The NPRM published in the 

Federal Register on October 9, 2015 (80 

FR 61131). The NPRM proposed to 

continue to require reducing the life of 

certain critical parts. That NPRM also 

proposed to add additional parts for the 

RR Viper Mk. 601–22 as well as 

additional engine models to the 

applicability of this AD. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (80 

FR 61131, October 9, 2015). 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting this AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (80 FR 

61131, October 9, 2015) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (80 FR 61131, 

October 9, 2015). 

Related Service Information Under 1 

CFR Part 51 

RR has issued RR Alert Service 

Bulletin (ASB) Mk. 521 Number 72– 

A408, Circulation A, dated January 

2015; RR ASB Mk. 521 Number 72– 

A408, Circulation B, dated January 

2015; RR ASB Mk. 522 Number 72– 

A413, Circulation A, dated January 

2015; RR ASB Mk. 522 Number 72– 

A412, Circulation B, dated January 

2015; and RR ASB Mk 601–22 Number 

72–A207, dated January 2015. The 

service information describes 

procedures for identifying the affected 

parts installed on each engine and 

determining their respective new life 

limit. This service information is 

reasonably available because the 

interested parties have access to it 

through their normal course of business 

or by the means identified in the 

ADDRESSES section of this final rule. 

Costs of Compliance 

We estimate that this AD affects about 

46 engines installed on airplanes of U.S. 

registry. We estimate a pro-rated parts 

cost of $66,000 per engine. We also 

estimate that it will take about 4 hours 


jstallworth on DSK7TPTVN1PROD with RULES
12586 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 

per engine to comply with this AD. The 

average labor rate is $85 per hour. Based 

on these figures, we estimate the cost of 

this AD on U.S. operators to be 

$3,051,640. 

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 part 39 of the Federal 

Aviation Regulations (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) 

AD 2013–11–13, Amendment 39–17473 

(78 FR 34550, June 10, 2013), (‘‘AD 

2013–11–13’’), and adding the following 

new AD: 

2016–03–03 Rolls-Royce plc (Type 

Certificate previously held by RollsRoyce (1971) Limited, Bristol Engine 

Division): Amendment 39–18390; Docket 

No. FAA–2012–1331; Directorate 

Identifier 2012–NE–44–AD. 

(a) Effective Date 

This AD is effective April 14, 2016. 

(b) Affected ADs 

This AD supersedes AD 2013–11–13. 

(c) Applicability 

This AD applies to all Rolls-Royce plc (RR) 

Viper Mk. 521, Viper Mk. 522, and Viper Mk. 

601–22 turbojet engines. 

(d) Unsafe Condition 

This AD was prompted by a review by RR 

of the lives of certain critical parts. We are 

issuing this AD to prevent failure of lifelimited parts, which could lead to an 

uncontained part release, damage to the 

engine, and damage to the airplane. 

(e) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(1) Within 30 days after the effective date 

of this AD, or before any affected part 

exceeds its new revised life limit, whichever 

occurs later, remove any affected engine from 

service. Use Table 1 of RR Alert Service 

Bulletin (ASB) Mk. 521 Number 72–A408, 

Circulation A, dated January 2015; RR ASB 

Mk. 521 Number 72–A408, Circulation B, 

dated January 2015; RR ASB Mk. 522 

Number 72–A413, Circulation A, dated 

January 2015; RR ASB Mk. 522 Number 72– 

A412, Circulation B, dated January 2015; and 

RR ASB Mk 601–22 Number 72–A207, dated 

January 2015, to identify the affected parts 

installed on each engine and determine their 

respective new life limits. 

(2) For the RR Viper Mk. 601–22 turbojet 

engine, remove compressor shaft, part 

number V900766, from service before the 

compressor shaft accumulates 20,720 flight 

cycles since new. 

(3) Replace any part identified in 

paragraph (e)(1) or (e)(2) of this AD with a 

part eligible for installation before the 

affected part reaches its new life limit 

specified in paragraph (e)(2) of this AD or in 

the ASBs referenced in paragraph (e)(1) of 

this AD. 

(f) Installation Prohibition 

After the effective date of this AD, do not 

install any affected part identified in 

paragraph (e) of this AD into any engine, nor 

return any engine to service with any affected 

part identified in paragraph (e) of this AD 

installed, if any affected part exceeds the life 

limit specified in the appropriate ASB 

identified in paragraph (e)(1) of this AD and/ 

or the life limit identified in paragraph (e)(2) 

of this AD. 

(g) 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. You may email your request to: 

ANE–AD–AMOC@faa.gov. 

(h) Related Information 

(1) For more information about this AD, 

contact Philip Haberlen, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 1200 District Avenue, 

Burlington, MA 01803; phone: 781–238– 

7770; fax: 781–238–7199; email: 

philip.haberlen@faa.gov. 

(2) Refer to MCAI European Aviation 

Safety Agency AD 2015–0127R1, dated 

August 14, 2015, for more information. You 

may examine the MCAI in the AD docket on 

the Internet at http://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2012–1331. 

(i) 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) Rolls-Royce plc (RR) Alert Service 

Bulletin (ASB) Mk. 521 Number 72–A408, 

Circulation A, dated January 2015. 

(ii) RR ASB Mk. 521 Number 72–A408, 

Circulation B, dated January 2015. 

(iii) RR ASB Mk. 522 Number 72–A413, 

Circulation A, dated January 2015. 

(iv) RR ASB Mk. 522 Number 72–A412, 

Circulation B, dated January 2015. 

(v) RR ASB Mk 601–22 Number 72–A207, 

dated January 2015. 

(3) For RR service information identified in 

this AD, contact DA Services Operations 

Room at Rolls-Royce plc, Defense Sector 

Bristol, WH–70, P.O. Box 3, Filton, Bristol 

BS34 7QE, United Kingdom; phone: +44 (0) 

117 97 90700; fax: +44 (0) 117 97 95498; 

email: defence-operations-room@rollsroyce.com. 

(4) You may view this service information 

at FAA, Engine & Propeller Directorate, 1200 

District Avenue, 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/ibrlocations.html. 


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Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 12587 

1 122 Stat. at 3022, 102(a). 

2Floyd B. Oglesbay, The Flammable Fabrics 

Problem, 44 Pediatrics 827 (1969), available at 

http://www.ncbi.nlm.nih.gov/pmc/articles/

PMC1730418/pdf/v004p00317.pdf. 

3 16 CFR 1610.1(d). 

Issued in Burlington, Massachusetts, on 

February 2, 2016. 

Ann C. Mollica, 

Acting Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–05319 Filed 3–9–16; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1610 

Statement of Policy on Enforcement 

Discretion Regarding General 

Conformity Certificates for Adult 

Wearing Apparel Exempt From Testing 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Statement of enforcement 

policy. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘CPSC’’) has approved a 

Statement of Policy regarding the 

CPSC’s enforcement of the requirement 

for a general conformity assessment 

certificate (‘‘GCC’’) with respect to adult 

wearing apparel that is exempt from 

testing under the CPSC’s clothing 

flammability standard. 

DATES: Effective March 25, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Mary Toro, Director, Division of 

Regulatory Enforcement, Office of 

Compliance, U.S. Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, MD 20814; 

telephone: (301)–504–7586 email: 

mtoro@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Consumer Product Safety 

Improvement Act (‘‘CPSIA’’) was 

enacted on August 14, 2008 (Pub. L. 

110–314). Section 102(A) of the CPSIA 

requires that all manufacturers of 

consumer products subject to a rule, 

standard, or ban enforced by the CPSC 

issue a general conformity certificate 

(‘‘GCC’’) certifying that ‘‘based on a test 

of each product or upon a reasonable 

testing program, that such product 

complies with all rules, bans, standards, 

or regulations applicable to the 

product.’’ 1

B. Flammable Fabrics Act and Related 

Regulations 

In 1953, Congress enacted the 

Flammable Fabrics Act (‘‘FFA’’) in 

response to a number of serious injuries 

and deaths resulting from burns 

associated with garments made from 

high-pile rayon.2 The clothing 

flammability standard at 16 CFR part 

1610 (‘‘1610’’ or ‘‘the Standard’’) 

provides for classification of various 

types of fabrics and describes in detail 

the test method to determine 

flammability. 

Section 1610.1(c) excepts from the 

flammability standard certain hats, 

gloves, footwear, and interlining fabrics. 

Because this section specifically says 

that the ‘‘standard shall not apply to’’ 

these articles, they are not ‘‘subject to’’ 

a rule, standard, or ban under section 

102(a) of the CPSIA, and therefore 

manufacturers and importers are neither 

subject to the regulation nor required to 

produce a GCC for these products. 

Section 1610.1(d), conversely, 

exempts from testing, but not from the 

standard as a whole, garments made 

entirely from certain fabrics that the 

Commission has consistently found not 

to be flammable. These include: 

(1) Plain surface fabrics, regardless of fiber 

content, weighing 2.6 ounces per square yard 

or more; and 

(2) All fabrics, both plain surface and 

raised-fiber surface textiles, regardless of 

weight, made entirely from any of the 

following fibers or entirely from combination 

of the following fibers: Acrylic, modacrylic, 

nylon, olefin, polyester, wool. 

Because products made from these 

fabrics are exempt from testing but not 

excepted from the standard as a whole, 

they are still ‘‘subject to’’ a rule, 

standard, or ban and manufacturers and 

importers of these exempted products 

have been required to issue a GCC. 

C. Rationale for Enforcement Discretion 

Experience gained from years of 

testing in accordance with 16 CFR part 

1610 demonstrates that the exempted 

fabrics referenced above consistently 

yield acceptable results when tested in 

accordance with the Standard. This 

experience allowed an exemption from 

testing in the Standard, for the purpose 

of issuing guaranties.3 The Standard 

allows persons or firms issuing an 

initial guaranty of any of the referenced 

fabrics, or of products made entirely 

from one or more of these fabrics, an 

exemption from any requirement for 

testing to support guaranties of those 

fabrics. 

Certificates of compliance for 

children’s products and other consumer 

products regulated by the Commission 

serve many vital purposes, not least of 

which is to assure our compliance staff 

that these goods have met the testing 

requirements set forth in our rules. 

Adult apparel is rarely, if ever, subject 

to more than one CPSC regulation. 

Many retailers are issuing GCCs simply 

noting an exemption from testing to the 

Standard. The Commission believes the 

issuance of GCCs for these products is 

not necessary for CPSC staff to enforce 

the Standard because the Commission 

has granted a testing exemption to these 

fabrics and adult apparel made from 

these fabrics is unlikely to be subject to 

other consumer product safety rules, 

standards, or bans. This proposal 

provides an opportunity to reduce costs 

to manufacturers and importers without 

affecting consumer safety. 

D. Statement of Policy 

The Commission votes to exercise the 

following enforcement discretion: 

Effective March 25, 2016, the 

Commission will not pursue compliance 

or enforcement actions against 

manufacturers, importers or private 

labelers for failure to certify or to issue, 

provide or make available to the 

Commission a general conformity 

certificate as required by 15 U.S.C. 

2063(a)(1) with respect to adult wearing 

apparel that is exempt from testing 

pursuant to 16 CFR 1610.1(d). 

E. Limitations of Enforcement 

Discretion 

The intent of this enforcement 

discretion should be read narrowly 

within its precise terms. The 

Commission will use enforcement 

discretion only for certificate violations 

related to the indicated product 

category. These products must still 

comply with all flammability 

requirements under the FFA; failure to 

comply with flammability standards will 

still subject the products to enforcement 

action. 

Further, this enforcement discretion 

does not apply to any adult wearing 

apparel that does not fit the specific 

testing exemptions provided for in 16 

CFR 1610.1(d). For example, if a 

manufacturer produced a garment made 

from a plain surface silk fabric that 

weighs less than 2.6 ounces per square 

yard, that garment would not fall within 

the exemption, and the manufacturer 

would still be expected to produce a 

GCC. Should the Commission become 

aware of unsafe products entering the 

market as a result of this statement of 

policy, it reserves the right to withdraw 

the policy prospectively with no less 

than 90 days’ notice. 

This statement of policy, and the 

enforcement discretion described 

herein, is limited to certificates required 

for adult wearing apparel that is exempt 

from testing pursuant to 16 CFR 


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