[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Rules and Regulations]
[Pages 42771-42774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18373]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules 
and Regulations  

[[Page 42771]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1107; Product Identifier 2016-NE-22-AD; Amendment 
39-19330; AD 2018-14-10]
RIN 2120-AA64


Airworthiness Directives; Pratt & Whitney Division Turbofan

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding Airworthiness Directive (AD) 2017-12-03 for 
certain Pratt & Whitney Division (PW) PW2037, PW2037M, and PW2040 
turbofan engines. AD 2017-12-03 required installing a software standard 
eligible for installation and precludes the use of electronic engine 
control (EEC) software standards earlier than SCN 5B/I. This AD 
requires installing a software standard eligible for installation and 
preclude the use of EEC software standards earlier than SCN 5B/I or SCN 
27A. This AD was prompted by an unrecoverable engine in-flight shutdown 
(IFSD) after an ice crystal icing event. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective September 28, 2018.

ADDRESSES: For service information identified in this final rule, 
contact Pratt & Whitney Division, 400 Main St., East Hartford, CT, 
06118; phone: 800-565-0140; fax: 860-565-5442. 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-2017-1107.

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-
1107; 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 address for Docket Operations (phone: 800-647-
5527) is Document Operations, 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: Kevin M. Clark, Aerospace Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA, 01803; phone: 
781-238-7088; fax: 781-238-7199; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2017-12-03, Amendment 39-18918 (82 FR 27411, 
June 15, 2017), (``AD 2017-12-03''). AD 2017-12-03 applied to certain 
PW PW2037, PW2037M, and PW2040 turbofan engines. The NPRM published in 
the Federal Register on December 15, 2017 (82 FR 59557). The NPRM was 
prompted by an unrecoverable engine IFSD after an ice crystal icing 
event. The NPRM proposed to require installation of EEC software 
standards that became available since issuing AD 2017-12-03 for 
additional EEC models and preclude the use of EEC software standards 
earlier than SCN 5B/I or SCN 27A. We are issuing this AD to address the 
unsafe condition on these products.

Comments

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

Request To Clarify Installation Prohibition

    PW, Delta Air Lines (Delta), FedEx Express (FedEx), and United 
Airlines requested clarification to paragraph (h)(2), Installation 
Prohibition. FedEx reasoned that paragraph (h)(2) would prohibit 
installation of software standard earlier than SCN 27A in all EEC 
models, which includes models with 24K of memory.
    We agree. The intent of this AD is not to prohibit installation of 
software standard earlier than SCN 27A into EEC models with 24K memory. 
We clarified paragraph (h)(2) of this AD to identify the EECs by part 
number (P/N) that are prohibited from installation with software 
earlier than SCN 27A.

Request To Change Shop Visit

    Delta and FedEx requested that we change the compliance criteria 
from engine shop visit to EEC shop visit in paragraphs (g)(1), (2), and 
(3).
    We disagree. Using engine shop visit as compliance criteria 
provides a rate of incorporation of the improved software standard that 
meets the safety objectives of this AD while not putting additional 
burden on the operators. We did not change this AD.

Request To Revise the Costs of Compliance

    PW requested that we modify the Costs of Compliance for engines 
affected by this AD from an estimated 587 engines to 344 engines 
installed on airplanes of U.S. registry.
    We agree. We updated the Costs of Compliance to reflect that this 
AD affects an estimated 344 engines installed on airplanes of U.S. 
registry.
    Delta and FedEx requested that we modify the Costs of Compliance to 
include the labor costs for removing the EEC from the airplane and 
reprogramming the EEC software. FedEx reasoned that the Costs of 
Compliance underestimated the labor costs for reprogramming the EEC 
software.
    We partially agree. We agree that we underestimated the time to 
upgrade the EEC software as older hardware requires additional steps. 
We disagree with including the estimated time of removing the EEC from 
the engine because the upgrade is occurring at an already scheduled 
shop visit. The Costs of Compliance includes the cost of teardown and 
reprogramming the EEC software. We updated the Costs of Compliance to 
reflect more accurately the labor cost for these actions.

[[Page 42772]]

Request To Change Compliance Requirements

    Delta requested that the software standard upgrades, as required in 
paragraph (g)(1) of this AD, be established as part of the extended 
operations (ETOPS) configuration requirements. Delta reasoned that this 
would be more effective than the proposed AD applicability in targeting 
aircraft that are operating in the Asia-Pacific region where weather 
conditions are most prevalent for ice crystal icing. Delta also 
requested that the list of engine serial numbers (ESNs) referenced in 
paragraph (g)(1) of this AD, which defines the engines with the reduced 
compliance deadline, be updated to reflect the current list of engines 
operating in the Asia-Pacific region.
    We disagree. Removing the reference to specific ESNs and making the 
requirements of paragraph (g)(1) of this AD as part of the ETOPS 
configuration requirements would make this AD applicable to all ETOPS 
engines. Operators that operate ETOPS flights outside the Asia-Pacific 
region would be mandated to the earlier compliance time unnecessarily. 
In addition, revising the ESN list to include additional engines would 
cause difficulties for operators in meeting the compliance times. We 
will review any Alternative Methods of Compliance (AMOC) requests 
submitted to cover the regional risk to any operator's specific fleet. 
We did not change this AD.

Request To Clarify Software Update and Older EECs Models

    Delta requested that we modify the ``Actions Since AD 2017-12-03 
Was Issued'' and ``Proposed AD Requirements'' paragraphs to clarify 
that the software upgrades this AD requires apply to older EEC models 
but not to older engine models. These software upgrades were not 
available when AD 2017-12-03 was issued.
    We disagree. We did not modify the ``Actions Since AD 2017-12-03 
Was Issued'' and ``Proposed AD Requirements'' paragraphs because these 
paragraphs are not included in this final rule. We acknowledge in the 
Discussion paragraph that the software upgrades in this AD apply to 
older EEC models. We did not change this AD.

Request To Change EEC P/N Nomenclature

    Delta requested that we replace the PW P/N in paragraphs (c)(2) and 
(g)(2) of this AD with the Hamilton Sundstrand (UTC Aerospace Systems) 
P/Ns. The Hamilton Sundstrand P/Ns are identified on the EEC data plate 
and are used in maintenance instructions.
    We disagree. This AD applies to certain PW2037, PW2037M, and PW2040 
turbofan engines and it is appropriate to use the design approval 
holders P/Ns for components installed on those engines. We did not 
change this AD.

Request To Change Engine S/Ns to EEC S/Ns

    FedEx requested that we modify the reference in Figure 1 to 
paragraph (g) of this AD from ESN to EEC S/Ns. FedEx reasoned that EECs 
are LRUs that can be rotated between engines. Tracking by EEC S/N would 
enhance engine operating reliability by ensuring that only compliant 
units are installed on engines operated in regions of interest.
    We disagree. Since we are aware of ESNs subject to the unsafe 
conditions described by this AD action, we find that linking compliance 
to ESNs satisfies the safety objective of this AD. In addition, 
changing from ESNs to EEC S/Ns would cause difficulties for operators 
in meeting the compliance times. We did not change this AD.

Request To Extend the Compliance End Date

    FedEx requested that we extend the compliance end date, of July 1, 
2024, to allow additional time to comply with the AD requirements and 
to be consistent with the seven-year compliance time set in AD 2017-12-
03.
    We disagree. The requirements in this AD are intended to address an 
unsafe condition on these engines and are based on several 
considerations including a risk analysis. The compliance times in this 
AD are necessary to meet the safety objectives of this AD. We did not 
change this AD.

Support for the AD

    The Air Line Pilots Association expressed support for the NPRM as 
written.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously except for minor 
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information

    We reviewed PW Alert Service Bulletin (ASB) PW2000 A73-170, dated 
July 14, 2016, and PW ASB PW2000 A73-171, dated March 24, 2017. The 
ASBs describe procedures for modifying or replacing the EEC.

Costs of Compliance

    We estimate that this AD affects 344 engines installed on airplanes 
of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
EEC software installation.............  4 work-hours x $85 per                 0            $340        $116,960
                                         hour = $340.
----------------------------------------------------------------------------------------------------------------

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

[[Page 42773]]

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

    We have determined that 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

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 removing Airworthiness Directive (AD) 
2017-12-03, Amendment 39-18918 (82 FR 27411), and adding the following 
new AD:

2018-14-10 Pratt & Whitney Division: Amendment 39-19330; Docket No. 
FAA-2017-1107; Product Identifier 2016-NE-22-AD.

(a) Effective Date

    This AD is effective September 28, 2018.

(b) Affected ADs

    This AD replaces AD 2017-12-03, Amendment 39-18918 (82 FR 27411, 
June 15, 2017).

(c) Applicability

    This AD applies to:
    (1) All Pratt & Whitney Division (PW) PW2037, PW2037M, and 
PW2040 turbofan engines with electronic engine control (EEC), model 
number EEC104-40 or EEC104-60, installed, with an EEC software 
standard earlier than SCN 5B/I; and
    (2) All PW PW2037, PW2037M, and PW2040 turbofan engines with 
EEC, model number EEC104-1, with part numbers (P/Ns) 1B7484, 1B7486, 
1B7984, or 1B7985, installed, with an EEC software standard earlier 
than SCN 27A.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7321, Fuel Control 
Turbine Engines.

(e) Unsafe Condition

    This AD was prompted by an unrecoverable engine in-flight 
shutdown after an ice crystal icing event. We are issuing this AD to 
prevent failure of the high-pressure turbine and rotor seizure. The 
unsafe condition, if not corrected, could result in 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) For an engine with an EEC model number EEC104-40 or EEC104-
60 and a serial number (S/N) listed in Figure 1 to paragraph (g) of 
this AD, upgrade any EEC software standards earlier than SCN 5B/I or 
replace the EEC with a part eligible for installation at the next 
engine shop visit, or before December 1, 2018, whichever occurs 
first.
    (2) For an engine with an EEC model number EEC104-40 or EEC104-
60 and an S/N not listed in Figure 1 to paragraph (g) of this AD, 
upgrade any EEC software standards earlier than SCN 5B/I or replace 
the EEC with a part eligible for installation at the next engine 
shop visit, or before July 1, 2024, whichever occurs first.
    (3) For an engine with an EEC model number EEC104-1 with P/N 
1B7484, 1B7486, 1B7984, or 1B7985, upgrade any EEC software 
standards earlier than SCN 27A or replace the EEC with a part 
eligible for installation at the next engine shop visit, or before 
July 1, 2024, whichever occurs first.

[[Page 42774]]

[GRAPHIC] [TIFF OMITTED] TR24AU18.400

(h) Installation Prohibition

    After the effective date of this AD, do not install any software 
standard earlier than:
    (1) SCN 5B/I into any EEC model number EEC104-40 or EEC104-60; 
or
    (2) SCN 27A into any EEC model number EEC104-1 with P/N 1B7484, 
1B7486, 1B7984, or 1B7985.

(i) Definition

    For the purpose of this AD, an ``engine shop visit'' is the 
induction of an engine into the shop for maintenance involving the 
separation of pairs of major mating engine flanges, except that the 
separation of engine flanges solely for the purposes of 
transportation of the engine without subsequent engine maintenance 
does not constitute an engine shop visit.

(j) 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 (k)(1) of this AD. You may email your 
request to: [email protected].
    (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.

(k) Related Information

    (1) For more information about this AD, contact Kevin M. Clark, 
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA, 01803; phone: 781-238-7088; fax: 781-238-7199; 
email: [email protected].
    (2) For service information identified in this AD, contact Pratt 
& Whitney Division, 400 Main St., East Hartford, CT, 06118; phone: 
800-565-0140; fax: 860-565-5442. You may view this referenced 
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.

(l) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on August 21, 2018.
Karen M. Grant,
Acting Manager, Engine and Propeller Standards Branch, Aircraft 
Certification Service.
[FR Doc. 2018-18373 Filed 8-23-18; 8:45 am]
BILLING CODE 4910-13-P