[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Proposed Rules]
[Pages 36422-36424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17470]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0674; Directorate Identifier 2009-NE-25-AD]
RIN 2120-AA64


Airworthiness Directives; Rolls-Royce plc RB211 Trent 800 Series 
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) issued by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as: Under certain ambient conditions, ice can accumulate on 
the walls of the fuel pipes within the aircraft fuel system, which can 
then be released downstream when fuel flow demand is increased. This 
released ice can then collect on the fuel-to-oil heat exchanger (FOHE) 
front face and limit fuel flow through the FOHE.
    We are proposing this AD to prevent ice from blocking the FOHE, 
which could result in an unacceptable engine power loss, and loss of 
control of the airplane.

DATES: We must receive comments on this proposed AD by August 24, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Contact Rolls-Royce plc, P.O. Box 31, DERBY, DE24 8BJ, UK; 
telephone 44 (0) 1332 242424; fax 44 (0) 1332 249936, for the service 
information identified in this proposed AD.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer, 
Engine Certification Office, FAA, Engine and Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803; e-mail: 
[email protected]; telephone (781) 238-7176; fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

[[Page 36423]]

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0674; 
Directorate Identifier 2009-NE-25-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 
with FAA personnel concerning this proposed AD. Using the search 
function of the Web site, anyone can find and read the comments in any 
of our dockets, including, if provided, the name of the individual who 
sent the comment (or signed the comment on behalf of an association, 
business, labor union, etc.). You may review the DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0142, dated July 13, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    This Airworthiness Directive has been raised following an 
incident involving dual loss of engine response in the final stages 
of approach leading to touchdown short of the runway. The phenomenon 
involved in the loss of engine response has also been seen in flight 
affecting just one engine.
    Post incident analysis and investigation has established that, 
under certain ambient conditions, ice can accumulate on the walls of 
the fuel pipes within the aircraft fuel system, which can then be 
released downstream when fuel flow demand is increased. This 
released ice can then collect on the FOHE front face and limit fuel 
flow through the FOHE. This type of icing event was previously 
unknown and creates ice concentrations in the fuel system beyond 
those specified in the certification requirements.

    To mitigate the risk of engine FOHE blockage, this AD would require 
replacing the FOHE, part number (P/N) 55003001-1 or 55003001-11, with a 
FOHE that has a P/N, or equivalent, not listed in this proposed AD.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Rolls-Royce plc has issued Alert Service Bulletin RB.211-79-AG257, 
dated June 24, 2009. The actions described in this service information 
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of the 
United Kingdom, and is approved for operation in the United States. 
Pursuant to our bilateral agreement with the United Kingdom, they have 
notified us of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all information provided by EASA, and determined the unsafe 
condition exists and is likely to exist or develop on other products of 
the same type design.

Differences Between This AD and the MCAI or Service Information

    The EASA AD 2009-01421, dated July 13, 2009, requires replacing the 
FOHE within 6,000 flight hours from July 10, 2009 or before January 1, 
2011, whichever occurs first. This proposed AD would require replacing 
the FOHE within 6,000 flight hours after the effective date of the 
proposed AD, but no later than January 1, 2011.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 138 products of U.S. registry. We also estimate that 
it would take about 8.5 work-hours per product to comply with this 
proposed AD. The average labor rate is $80 per work-hour. Required 
parts would cost about $11,260 per product. Based on these figures, we 
estimate the cost of the proposed AD on U.S. operators to be 
$1,647,720. Our cost estimate is exclusive of possible warranty 
coverage.

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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Rolls-Royce plc: Docket No. FAA-2009-0674; Directorate Identifier 
2009-NE-25-AD.

Comments Due Date

    (a) We must receive comments by August 24, 2009.

Affected Airworthiness Directives (ADs)

    (b) None.

[[Page 36424]]

Applicability

    (c) This AD applies to Rolls-Royce plc models RB211 Trent 875-
17, -877-17, -884-17, -884B-17, -892-17, -892B-17, and -895-17 
turbofan engines with fuel-to-oil heat exchangers, part numbers 
55003001-1 and 55003001-11, installed. These engines are installed 
on, but not limited to, Boeing 777 series airplanes.

Reason

    (d) This AD results from the risk of engine fuel-to-oil heat 
exchanger (FOHE) blockage. We are issuing this AD to prevent ice 
from blocking the FOHE, which could result in an unacceptable engine 
power loss, and loss of control of the airplane.

Actions and Compliance

    (e) Unless already done, within 6,000 flight hours after the 
effective date of this AD, but no later than January 1, 2011, 
replace the FOHE, P/N 55003001-1 or 55003001-11, with an FOHE that 
does not have a P/N or equivalent listed in this AD.

FAA AD Differences

    (f) This AD differs from the Mandatory Continuing Airworthiness 
Information (MCAI) by requiring replacing the FOHE within 6,000 
flight hours after the effective date of this AD, but no later than 
January 1, 2011.

Other FAA AD Provisions

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Engine Certification Office, FAA, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19.

Related Information

    (h) Refer to MCAI Airworthiness Directive 2009-0142, dated July 
13, 2009, and Rolls-Royce plc Alert Service Bulletin RB.211-79-
AG257, dated June 24, 2009, for related information. Contact Rolls-
Royce plc, P.O. Box 31, DERBY, DE24 8BJ, UK; telephone 44 (0) 1332 
242424; fax 44 (0) 1332 249936, for a copy of this service 
information.
    (i) Contact James Lawrence, Aerospace Engineer, Engine 
Certification Office, FAA, Engine and Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
[email protected]; telephone (781) 238-7176; fax (781) 238-
7199, for more information about this AD.

    Issued in Burlington, Massachusetts, on July 17, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E9-17470 Filed 7-22-09; 8:45 am]
BILLING CODE 4910-13-P