[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Rules and Regulations]
[Pages 54229-54232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23526]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / 
Rules and Regulations  

[[Page 54229]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1206; Product Identifier 2017-NE-42-AD; Amendment 
39-19479; AD 2018-22-06]
RIN 2120-AA64


Airworthiness Directives; Pratt & Whitney Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Pratt & Whitney (PW) PW2037, PW2037M, and PW2040 turbofan engines. This 
AD was prompted by an uncommanded high thrust event that occurred 
during approach on January 16, 2016, and during landing on April 6, 
2016. This AD requires removal of the metering valve pilot valve (MVPV) 
within certain fuel control units (FCUs) and the MVPV's replacement 
with a part eligible for installation. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective December 3, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 3, 
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-2017-1206.

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-
1206; 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 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 by adding an AD that would apply to all PW PW2037, PW2037M, and 
PW2040 turbofan engines. The NPRM published in the Federal Register on 
April 11, 2018 (83 FR 15519). The NPRM was prompted by reports of an 
uncommanded high thrust event that occurred during approach on January 
16, 2016, and during landing on April 6, 2016, due to loosening of the 
MVPV end cap. These uncommanded events were associated with improper 
maintenance on the MVPV within certain FCUs. The NPRM proposed to 
require removal of the MVPV for certain FCUs. 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 final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Request To Disallow Repairs

    PW and the Boeing Company (Boeing) requested that we remove the 
allowance in this AD for the repair of the MVPV. The commenters noted 
that repairs cannot preclude damage to the valve, which could lead to 
future Loss of Thrust Control (LOTC) events.
    We disagree because the repairs allowed by this AD will have a 
tamper proof feature to secure the end plugs. This feature will 
preclude the end plug from loosening in service. We did not change this 
AD.

Request To Increase Number of Affected Engines

    PW requested that we revise the number of affected engines in costs 
of compliance section of this AD from 212 to 253. PW noted that there 
are 253 FCU serial numbers listed in Table 1 of PW Alert Service 
Bulletin (ASB) PW2000 A73-172, dated October 16, 2017.
    We disagree. Although Table 1 lists 253 affected engines, our cost 
estimate refers to engines installed on U.S. registered airplanes. Our 
estimate of this number is 212 engines. We did not change this AD.

Request To Increase Cost Estimate for Parts

    PW and Delta Air Lines (Delta) requested that we change the 
estimated parts cost to $25,482 per engine. The commenters indicated 
that $25,482 is the cost of a new MVPV.
    We partially agree. We revised the Costs of Compliance section of 
this AD to estimate $25,482 as the cost of a new MVPV. We expect, 
however, that certain operators will have the MVPV repaired, so we are 
also are also including an estimate for the cost of a repaired part.

Request To Allow Any Repair to MVPV

    Delta requested that we allow any FAA-approved repair to the MVPV 
for compliance with this AD. Delta explained that the PW MVPV does not 
have a tamper proof feature so the repair should not require it.
    We disagree. The tamper proof feature on the end plugs ensures that 
the repair includes tightened end plugs and prevents future tampering 
or loosening during regular maintenance. The manufacturer's design does 
not have this tamper proof feature because no loose end plugs were 
found on original manufacturer parts. We did not change this AD.

Request To Explain Tamper Proof Feature on MVPV

    Delta, United Airlines, and MTU Maintenance Hannover GmbH (MTU)

[[Page 54230]]

requested that we explain the ``tamper proof feature'' on the end plug 
or reference a specific repair. The commenters explained that this 
feature can be confusing to operators who are not familiar with the 
history of repairs on this part. For example, Delta commented that this 
language could be understood to refer to valves repaired per a process 
that retains the end plugs using epoxy alone as being sufficient.
    We partially agree. We agree that operators without experience with 
this feature may be confused. We expanded the definition of a part 
eligible for installation to clarify the meaning of a ``tamper proof 
feature.'' We disagree with referencing a specific repair because we 
don't want to preclude future repairs that may be developed.

Request To Reference UTC Aerospace Systems Service Bulletin (SB)

    Delta requested that we reference the UTC Aerospace Systems SB 
JFC104-1-73-58 in addition to PW ASB PW2000 A73-172, dated October 16, 
2017, in this AD. Delta noted that additional instructions for 
replacement of the MVPV are in the UTC Aerospace Systems SB.
    We disagree because the reference in this AD to the PW ASB PW2000 
A73-172, dated October 16, 2017, is only to include the FCU Serial 
Number List. We did not change this AD.

Request To Revise Table Reference

    Delta and MTU requested that we change a reference to ``Table 1'' 
in this AD. The commenters noted that PW ASB PW2000 A73-172, dated 
October 16, 2017, does not refer to the list of FCU serial numbers as 
``Table 1.''
    We agree. Although the PW ASB references ``Table 1'' in several 
places, the list of FCU serial numbers is not clearly labeled in the 
ASB as ``Table 1.'' We revised the reference to ``Table 1'' in the 
Applicability section of this AD to ``FCU Serial Number List'' to 
better match the service information.''

Request To Revise Reference to ``Overhaul''

    Delta and MTU requested that we change the reference in this AD to 
``FCU overhaul.'' The commenters indicated that this term is not 
standard wording.
    We agree because the term ``overhaul'' can be confused with other 
types of maintenance. We changed the reference in this AD from ``FCU 
Overhaul'' to ``FCU shop visit'' to better match standard wording used 
in ADs.

Request To Revise Part Eligible for Installation

    Delta and Fedex Express requested that we clarify the definition of 
a part eligible for installation from a ``zero time MVPV.'' Delta noted 
that there is no specification whether this refers to total time since 
manufacture or total time since completion of a certain level of 
maintenance. Fedex Express suggested we use the term ``zero time from 
new MVPV.''
    We agree. We revised this AD to clarify that the definition of a 
part eligible for installation refers to a ``zero time since new MVPV'' 
to add clarity.

Request To Add Marking Requirement

    Delta and MTU requested that we add a requirement in this AD to 
mark the data plate of any FCU to show it has complied with this AD. 
The commenters indicated that this would assist with tracking because 
there is no physical way to tell if operators have complied with the 
AD.
    We disagree. It is up to the operators how to record compliance 
with this AD. We do not want to dictate only one method of recording 
compliance.

Request To Revise Installation Prohibition

    PW requested that we revise the installation prohibition in this AD 
to allow any MVPV that is eligible for installation to be installed. PW 
indicated that the language in the NPRM implies that only repaired 
MVPVs can be installed.
    We disagree because if the MVPV is one of the suspect units being 
removed from the FCU by the AD, then it is not a zero time since new 
MVPV. An MVPV that is removed per the requirements of this AD must be 
repaired with a tamper proof feature on the end plugs before it can be 
reinstalled. The installation prohibition paragraph does not prevent 
operators from installing a zero time since new MVPV.

Request To Clarify Compliance Time

    MTU requested that we clarify the compliance time in this AD as no 
compliance time is stated.
    We disagree because the compliance time is at the next FCU shop 
visit after the effective date of this AD, which is stated in the 
required action paragraph. We did not change this AD.

Request To Reinstall a Part After Inspection

    MTU asked to be allowed to reinstall a part after it has been 
inspected but not repaired.
    We disagree because the FCU's listed in the applicability cannot be 
inspected for a loose end plug without damaging the epoxy or end plugs. 
Once the end plug or epoxy is damaged, it must be replaced with a new 
MVPV or repaired properly with a tamper proof feature on the end plugs. 
We did not change this AD.

Support for This AD

    The Air Line Pilots Association expressed support for this AD as 
written.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule with the changes described previously and 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 final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed PW ASB PW2000 A73-172, dated October 16, 2017. The ASB 
provides a list of affected FCUs. 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.

Costs of Compliance

    We estimate that this AD affects 212 engines installed on airplanes 
of U.S. registry. We are estimating that the MVPV will be replaced with 
a new part on 106 engines and replaced with a repaired part on the 
remaining 106 engines. We estimate the following costs to comply with 
this AD:

[[Page 54231]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                     Action                         Labor cost      Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace MVPV with repaired part.................              $0          $6,490          $6,490        $687,940
Replace MVPV with new part......................               0          25,482          25,482       2,701,092
----------------------------------------------------------------------------------------------------------------

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.
    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

    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 adding the following new airworthiness 
directive (AD):

2018-22-06 Pratt & Whitney: Amendment 39-19479; Docket No. FAA-2017-
1206; Product Identifier 2017-NE-42-AD.

(a) Effective Date

    This AD is effective December 3, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Pratt & Whitney (PW) PW2037, PW2037M, and 
PW2040 turbofan engines with JFC104-1 fuel control units (FCUs) with 
serial numbers listed in the Accomplishment Instructions, FCU Serial 
Number List, of PW Alert Service Bulletin PW2000 A73-172, dated 
October 16, 2017.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by an uncommanded high thrust event that 
occurred during approach on January 16, 2016, and during landing on 
April 6, 2016. We are issuing this AD to prevent failure of the 
metering valve pilot valve (MVPV) end cap to remain taut, causing 
uncommanded higher fuel flow to the engine. The unsafe condition, if 
not addressed, could result in failure of the FCU, loss of engine 
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

    Remove from service the MVPV from the FCU at the next FCU shop 
visit after the effective date of the AD and replace the MVPV with a 
part eligible for installation.

(h) Definitions

    (1) For the purpose of this AD, an FCU shop visit is defined as 
the removal of the FCU from the engine and induction of the FCU into 
a FCU shop that can perform these procedures regardless of the 
scheduled maintenance action or the reason for the FCU removal.
    (2) For the purpose of this AD, a part eligible for installation 
is one of the following:
    (i) A zero time since new MVPV, or
    (ii) An MVPV repaired by a method approved by FAA that includes 
an end plug with tamper proof features. A tamper proof feature is a 
feature that goes beyond the original equipment manufacturer design 
of only using epoxy retention and threads to prevent end cap 
maintenance tampering and loosening.

(i) Installation Prohibition

    After the effective date of this AD, do not install any MVPV 
removed in accordance with paragraph (g) unless it meets the 
definition of a part eligible for installation per paragraph (h)(2) 
of this AD.

(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 (l) 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

    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].

[[Page 54232]]

(l) 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) Pratt & Whitney (PW) Alert Service Bulletin PW2000 A73-172, 
dated October 16, 2017.
    (ii) [Reserved]
    (3) For PW 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.
    (4) You may view this service information at 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.
    (5) You may view this service information that is incorporated 
by reference 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 October 23, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2018-23526 Filed 10-26-18; 8:45 am]
 BILLING CODE 4910-13-P