[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Rules and Regulations]
[Pages 71367-71370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27385]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / 
Rules and Regulations  

[[Page 71367]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1072; Project Identifier MCAI-2021-01248-E; 
Amendment 39-21870; AD 2021-26-11]
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.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Rolls-Royce Deutschland Ltd. & Co KG (RRD) RB211 Trent 875-17, 877-17, 
884-17, 884B-17, 892-17, 892B-17, and 895-17 model turbofan engines. 
This AD was prompted by reports of single engine events caused by water 
contamination, which led to corrosion on the fuel pump that resulted in 
loss of engine thrust. This AD requires replacing the fuel pump as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective January 3, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 3, 
2022.
    The FAA must receive comments on this AD by January 31, 2022.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email [email protected]; website: https://www.easa.europa.eu. You 
may find this material on the EASA website at https://ad.easa.europa.eu. You may view this material 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 (817) 222-5110. It is also available in the 
AD docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-1072. For the material identified in this AD that 
is not incorporated by reference, contact Rolls-Royce plc, Corporate 
Communications, P.O. Box 31, Derby, DE24 8BJ, United Kingdom; phone: 
+44 (0)1332 242424; fax: +44 (0)1332 249936; website: https://www.rolls-royce.com/contact-us.aspx.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1072; 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 
EASA AD, any comments received, and other information. The street 
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Nicholas Paine, Aviation Safety 
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; 
phone: (781) 238-7116; fax: (781) 238-7199; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0245, dated November 10, 2021 
(EASA AD 2021-0245) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
on RRD RB211 Trent 875-17, 877-17, 884-17, 884B-17, 892-17, 892B-17, 
and 895-17 model turbofan engines.
    This AD was prompted by a report of single engine events that 
resulted in loss of engine thrust. An investigation by the manufacturer 
determined that certain engines were exposed to unacceptable levels of 
water contamination, which caused corrosion on the fuel pump internal 
components. This corrosion led to debris release and filter blockages 
in variable stator vane actuator control units, which resulted in the 
variable stator vane system failing in the closed position. This 
condition, if not addressed, could result in loss of engine thrust 
control, in-flight engine shutdown, and reduced control of the 
airplane. The FAA is issuing this AD to address the unsafe condition on 
these products.

FAA's Determination

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

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2021-0245. EASA AD 2021-0245 specifies 
instructions for replacing certain fuel pumps and identifies certain 
fuel pumps that are not to be installed on an affected engine. This 
material is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in ADDRESSES.

Other Related Service Information

    The FAA reviewed Rolls-Royce Alert Non-Modification Service 
Bulletin (NMSB) RB.211-73-AK788, dated November 9, 2021. The NMSB 
describes procedures for removing and replacing

[[Page 71368]]

the fuel pump and identifies the population of affected fuel pumps.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD 
2021-0245, described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and except as discussed under ``Differences Between this AD and 
the MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has since 
coordinated with other manufacturers and CAAs to use this process. As a 
result, EASA AD 2021-0245 will be incorporated by reference in this 
final rule. This AD, therefore, requires compliance with EASA AD 2021-
0245 in its entirety through that incorporation, except for any 
differences identified as exceptions in the regulatory text of this AD. 
Using common terms that are the same as the heading of a particular 
section in EASA AD 2021-0245 does not mean that operators need comply 
only with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in EASA AD 2021-0245. Service information 
required by EASA AD 2021-0245 for compliance will be available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-1072.

Differences Between This AD and the EASA AD

    Where EASA AD 2021-0245 requires compliance from its effective 
date, this AD requires using the effective date of this AD. This AD 
does not mandate compliance with the ``Remarks'' section of EASA AD 
2021-0245.

Interim Action

    The FAA considers this AD to be an interim action. If further 
action is later identified, the FAA may consider additional rulemaking.

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. 551 et seq.) 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 
issuance. Further, section 553(d) of the APA authorizes agencies to 
make rules effective in less than thirty 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. 
Following occurrences of single engine loss of engine thrust, the 
manufacturer determined that a subset of RRD RB211 Trent model turbofan 
engines have been exposed to unacceptable levels of water 
contamination. This water contamination may cause corrosion on the fuel 
pump internal components, leading to debris release and filter blockage 
in variable stator vane actuator control units. These fuel pumps have 
the highest risk of failure and require removal within 30 days of the 
effective date of this AD to prevent failure of the variable stator 
vane system and maintain an acceptable level of safety. The FAA 
considers failure of a variable stator vane system in the closed 
position to be an urgent safety issue that requires immediate action to 
avoid loss of engine thrust or in-flight engine shutdown. In addition, 
the compliance time for the required action is shorter than the time 
necessary for the public to comment and for publication of the final 
rule. Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, 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, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this final rule. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2021-1072; Project 
Identifier MCAI-2021-01248-E'' at the beginning of your comments. The 
most helpful comments reference a specific portion of the final rule, 
explain the reason for any recommended change, and include supporting 
data. 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 agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to 
Nicholas Paine, Aviation Safety Engineer, ECO Branch, FAA, 1200 
District Avenue, Burlington, MA 01803. Any commentary that the FAA 
receives that 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 one engine installed on 
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

[[Page 71369]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per       Cost on U.S
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove and replace fuel pump..........  4.5 work-hours x $85 per        $133,130     $133,512.50     $133,512.50
                                         hour = $382.50.
----------------------------------------------------------------------------------------------------------------

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 that 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.

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:

2021-26-11 Rolls-Royce Deutschland Ltd & Co KG (Type Certificate 
previously held by Rolls-Royce plc): Amendment 39-21870; Docket No. 
FAA-2021-1072; Project Identifier MCAI-2021-01248-E.

(a) Effective Date

    This airworthiness directive (AD) is effective January 3, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd. & Co KG (RRD) 
(Type Certificate previously held by Rolls-Royce plc) RB211 Trent 
875-17, 877-17, 884-17, 884B-17, 892-17, 892B-17, and 895-17 model 
turbofan engines.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of single engine events caused 
by water contamination, which led to corrosion on the fuel pump that 
resulted in loss of engine thrust. The FAA is issuing this AD to 
prevent failure of variable stator vane system. The unsafe 
condition, if not addressed, could result in loss of engine thrust 
control, in-flight engine shutdown, and reduced control of the 
airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraph (h) of this AD: Perform all 
required actions within the compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency AD 2021-0245, 
dated November 10, 2021 (EASA AD 2021-0245).

(h) Exceptions to EASA AD 2021-0245

    (1) Where EASA AD 2021-0245 requires compliance from its 
effective date, this AD requires using the effective date of this 
AD.
    (2) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0245.

(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 
ECO Branch, send it to the attention of the person identified in 
paragraph (j)(1) of this AD. Information may be emailed 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 Nicholas Paine, 
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: (781) 238-7116; fax: (781) 238-7199; 
email: [email protected].
    (2) For material identified in this AD that is not incorporated 
by reference, contact Rolls-Royce plc, Corporate Communications, 
P.O. Box 31, Derby, DE24 8BJ, United Kingdom; phone: +44 (0)1332 
242424; fax: +44 (0)1332 249936; website: https://www.rolls-royce.com/contact-us.aspx.

(k) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0245, 
dated November 10, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0245, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]; website: https://www.easa.europa.eu. You may 
find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this service information at 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 (817) 222-5110.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 71370]]


    Issued on December 9, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-27385 Filed 12-14-21; 4:15 pm]
BILLING CODE 4910-13-P