[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Rules and Regulations]
[Pages 38312-38314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13448]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0612; Project Identifier MCAI-2020-00674-E; 
Amendment 39-21152; AD 2020-13-07]
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 (RRD) Trent 1000-D2, Trent 1000-
J2, and Trent 1000-K2 model turbofan engines with fuel pump, part 
number G5030FPU01, installed. This AD requires removal and replacement 
of the fuel pump with a part eligible for installation. This AD was 
prompted by the manufacturer's investigation into an unexpected 
reduction in fuel pump performance in certain high life fuel pumps. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective July 13, 2020.
    The FAA must receive comments on this AD by August 10, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     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: https://www.rolls-royce.com/contact-us.aspx. 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 https://www.regulations.gov by searching 
for and locating Docket No. FAA-2020-0612.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0612; 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: [email protected].

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 2020-0124, dated May 29, 2020 (referred to after this as 
``the MCAI''), to address an unsafe condition for the specified 
products. The MCAI states:

    An unexpected reduction in fuel pump performance has been seen 
during testing of high life units. Strip examination of these fuel 
pumps has identified that life related wear-out of the internal 
components is causing deterioration in pump efficiency. The effect 
of the loss of fuel pump efficiency is more pronounced on higher 
rated engines.
    This condition, if not corrected, could lead to reduced engine 
thrust, possibly resulting in reduced control of the aeroplane.
    To address this potential unsafe condition, Rolls-Royce 
published the NMSB to provide instructions for replacement of the 
affected parts before exceeding reduced life limits.
    For the reasons described above, this [EASA] AD requires removal 
from service of the affected parts.

    You may obtain further information by examining the MCAI in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-0612.

Related Service Information

    The FAA reviewed Rolls-Royce plc (RR) Alert Non-Modification 
Service Bulletin (NMSB) Trent 1000 73-AK581, dated May 12, 2020. The 
Alert NMSB introduces a reduced life limit for fuel pumps installed on 
affected engines.

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 removal of the affected fuel pump and its 
replacement with a part eligible for installation.

Differences Between This AD and the Service Information

    RR Alert NMSB Trent 1000 73-AK581, dated May 12, 2020, recommends 
removal of D2-rated engine fuel pumps with more than 17,000 hours (or 
5,200 cycles) by May 31, 2020, and more than 16,000 hours (or 4,900 
cycles) by June 30, 2020, or within 3 engine flight cycles, whichever 
is later. Since this AD will become effective after the RRD recommended 
compliance date of June 30, 2020, this AD requires removal of D2-rated 
engine fuel pumps before exceeding 16,000 hours time in service or 
4,900 engine cycles since new or since last overhaul. This AD also 
provides a 30-day grace period for compliance.

FAA's Justification 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

[[Page 38313]]

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.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule. An 
unexpected reduction in fuel pump performance was seen during testing 
of high life fuel pumps. The reduced fuel pump performance could lead 
to reduced engine thrust, resulting in reduced control of the airplane. 
These fuel pumps must be removed and replaced before exceeding the 
reduced life-limits or within 30 days after the effective date of this 
AD, whichever occurs later.
    The FAA considers the removal of these fuel pumps from service to 
be an urgent safety issue. Accordingly, notice and opportunity for 
prior public comment are impracticable and contrary to public interest 
pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the reasons stated 
above, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) 
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-
0612 and Project Identifier MCAI-2020-00674-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 
https://www.regulations.gov, 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 final rule. 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 11 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
----------------------------------------------------------------------------------------------------------------
Remove and replace fuel pump..........  3 work-hours x $85 per          $393,552        $393,807      $4,331,877
                                         hour = $255.
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    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. The FAA does not control warranty coverage for affected 
individuals. As a result, the FAA has included all costs in our cost 
estimate.

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 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,

[[Page 38314]]

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):

2020-13-07 Rolls-Royce Deutschland Ltd & Co KG (Type Certificate 
previously held by Rolls-Royce plc): Amendment 39-21152; Docket No. 
FAA-2020-0612; Project Identifier MCAI-2020-00674-E.

(a) Effective Date

    This AD is effective July 13, 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 1000-D2, 
Trent 1000-J2, and Trent 1000-K2 model turbofan engines with fuel 
pump, part number (P/N) G5030FPU01, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7314, Engine Fuel 
Pump.

(e) Unsafe Condition

    This AD was prompted by the manufacturer's investigation into an 
unexpected reduction in fuel pump performance in certain high life 
fuel pumps. Further troubleshooting of the fuel pump discovered 
life-related wear-out of the internal components, which causes 
deterioration in fuel pump efficiency. The FAA is issuing this AD to 
reduce the risk of reduced thrust during engine operation. The 
unsafe condition, if not addressed, could result in failure of the 
fuel pump, 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

    Remove fuel pump, P/N G5030FPU01, and replace it with a part 
eligible for installation within the compliance times specified in 
paragraph (g)(1) or (2) of this AD, whichever occurs later:
    (1) Before exceeding 16,000 hours in service or 4,900 engines 
cycles in service since new, or since last overhaul; or
    (2) Within 30 days after the effective date of this AD.

(h) Definition

    For the purpose of this AD, a ``part eligible for installation'' 
is a fuel pump that has not exceeded the compliance times specified 
in paragraph (g)(1) of this AD.

    Note 1 to paragraph (h): Additional information on a sub-
population of parts that are eligible for installation can be found 
in Appendix 1 of Rolls-Royce plc Alert Non-Modification Service 
Bulletin Trent 1000 73-AK581, dated May 12, 2020.

(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: [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.

(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: 
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2020-0124, dated May 29, 2020, for more information. You may examine 
the EASA AD in the AD docket on the internet at https://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2020-0612.

(k) Material Incorporated by Reference

    None.

    Issued on June 17, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-13448 Filed 6-25-20; 8:45 am]
BILLING CODE 4910-13-P