AD 2020-12-03

[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Rules and Regulations]
[Pages 34088-34090]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-11983]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0547; Project Identifier MCAI-2020-00270-E; 
Amendment 39-21138; AD 2020-12-03]
RIN 2120-AA64


Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG 
(Type Certificate Previously Held by Rolls-Royce plc) Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Rolls-Royce Deutschland Ltd & Co KG Trent XWB-97 model turbofan 
engines. This AD requires updating electronic engine control (EEC) 
software. This AD was prompted by the manufacturer's finding that a P30 
(air pressure) sense line could become partially blocked with a mixture 
of ice and water, which would cause a time-lag in the P30 signal, 
interfering with the fuel flow limit calculations. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective June 18, 2020.
    The FAA must receive comments on this AD by July 20, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, 15827 Blankenfelde-
Mahlow, Germany; phone: +49 (0) 33 708 6 0; email: <a href="https://www.rolls-royce.com/contact-us.aspx">https://www.rolls-royce.com/contact-us.aspx</a>. 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 781-238-7759. It is also 
available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2020-0547.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
0547; 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 street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Stephen Elwin, Aerospace Engineer, ECO 
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7236; fax: 781-238-7199; email: <a href="/cdn-cgi/l/email-protection#98ebecfde8f0fdf6b6f4b6fdf4eff1f6d8fef9f9b6fff7ee"><span class="__cf_email__" data-cfemail="52212637223a373c7c3e7c373e253b3c123433337c353d24">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA AD 2020-0035, dated February 26, 2020 (referred to after 
this as ``the MCAI''), to address an unsafe condition for the specified 
products. The MCAI states:

    During ground tests, it was found that a P30 (air pressure) 
sense line could become partially blocked with a mixture of ice and 
water, which would cause a time-lag in the

[[Page 34089]]

P30 signal, interfering with the fuel flow limit calculations.
    This condition, if not corrected, could lead to loss of thrust 
control, possibly resulting in reduced control of the aeroplane.
    To address these potential unsafe conditions, Rolls-Royce 
defined a new EEC SW, XWB_97-7.0, P/N RRY23XWB0001024, which 
corrects these issues.
    For the reasons described above, this [EASA] AD requires 
updating the EEC SW. This [EASA] AD also prohibits installation of 
affected SW on any engine.

    You may obtain further information by examining the MCAI in the AD 
docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for 
and locating Docket No. FAA-2020-0547.

Related Service Information

    The FAA reviewed Rolls-Royce plc Alert Service Bulletin (ASB) Trent 
XWB 73-AK304, dated November 8, 2019. The ASB describes procedures for 
updating the EEC software.

FAA's Determination

    This product has been approved by EASA and is approved for 
operation in the United States. Pursuant to our bilateral agreement 
with the European Community, EASA has notified us of the unsafe 
condition described in the MCAI. The FAA is issuing this AD because it 
evaluated all the relevant information provided by EASA and determined 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

AD Requirements

    This AD requires updating the EEC software with EEC software that 
is eligible for installation within 365 days after the effective date 
of this AD.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause,'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to 
make rules effective in less than 30 days, upon a finding of good 
cause.
    The FAA has found the risk to the flying public justifies waiving 
notice and comment prior to adoption of this rule because no domestic 
operators use this product. It is unlikely that the FAA will receive 
any adverse comments or useful information about this AD from U.S. 
operators. Therefore, the FAA finds good cause that notice and 
opportunity for prior public comment are unnecessary. In addition, for 
this same reason, the FAA finds 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, the FAA invites 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-2020-
0547 and Project Identifier MCAI-2020-00270-E at the beginning of your 
comments. The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this final 
rule. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact received about this final rule.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this final rule contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this final rule, it is important that 
you clearly designate the submitted comments as CBI. Please mark each 
page of your submission containing CBI as ``PROPIN.'' The FAA will 
treat such marked submissions as confidential under the FOIA, and they 
will not be placed in the public docket of this NPRM. Submissions 
containing CBI should be sent to Stephen Elwin, Aerospace Engineer, ECO 
Branch, FAA, 1200 District Avenue, Burlington, MA 01803. Any commentary 
that the FAA receives which is not specifically designated as CBI will 
be placed in the public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 0 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
----------------------------------------------------------------------------------------------------------------
Install EEC software..................  1 work-hour x $85 per                 $0             $85              $0
                                         hour = $85.
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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

[[Page 34090]]

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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2020-12-03 Rolls-Royce Deutschland Ltd & Co KG (Type Certificate 
previously held by Rolls-Royce plc): Amendment 39-21138; Docket No. 
FAA-2020-0547; Project Identifier MCAI-2020-00270-E.

(a) Effective Date

    This AD is effective June 18, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Rolls-Royce Deutschland Ltd. & Co KG 
(Type Certificate previously held by Rolls-Royce plc) Trent XWB-97 
model turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine 
(Turbine/Turboprop).

(e) Unsafe Condition

    This AD was prompted by the manufacturer's finding that a P30 
(air pressure) sense line could become partially blocked with a 
mixture of ice and water, which would cause a time-lag in the P30 
signal, interfering with the fuel flow limit calculations. The FAA 
is issuing this AD to prevent interference with the fuel flow limit 
calculations within the engine control system. The unsafe condition, 
if not addressed, could result in loss of thrust control and reduced 
control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 365 days after the effective date of this AD, update the 
electronic engine control (EEC) software with EEC software that is 
eligible for installation.

(h) Definition

    For the purpose of this AD, EEC software eligible for 
installation is EEC software XWB_97-7.0, part number 
RRY23XWB0001024, or later.

(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)(1) of this AD. You may email your 
request to: <a href="/cdn-cgi/l/email-protection#d4959a91f99590f995999b9794b2b5b5fab3bba2"><span class="__cf_email__" data-cfemail="7f3e313a523e3b523e32303c3f191e1e51181009">[email&#160;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.

(j) Related Information

    (1) For more information about this AD, contact Stephen Elwin, 
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: 781-238-7236; fax: 781-238-7199; email: 
<a href="/cdn-cgi/l/email-protection#f6858293869e9398d89ad8939a819f98b6909797d8919980"><span class="__cf_email__" data-cfemail="5c2f28392c34393272307239302b35321c3a3d3d723b332a">[email&#160;protected]</span></a>.
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2020-0035, dated February 26, 2020, for more information. You may 
examine the EASA AD in the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating it in Docket No. 
FAA-2020-0547.

(k) Material Incorporated by Reference

    None.

    Issued on May 29, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-11983 Filed 6-2-20; 8:45 am]
 BILLING CODE 4910-13-P