[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Proposed Rules]
[Pages 17426-17429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05668]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0437; Project Identifier MCAI-2022-01358-E]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-26-13, which applies to all Rolls-Royce Deutschland Ltd & Co KG 
(RRD) Trent 1000-A2, Trent 1000-AE2, Trent 1000-C2, Trent 1000-CE2, 
Trent 1000-D2, Trent 1000-E2, Trent 1000-G2, Trent 1000-H2, Trent 1000-
J2, Trent 1000-K2, and Trent 1000-L2 model turbofan engines. AD 2021-
26-13 requires revision of the engine Time Limits Manual (TLM) life 
limits of certain critical rotating parts and direct accumulation 
counting (DAC) data files. Since the FAA issued AD 2021-26-13, RRD has 
revised the TLM with more restrictive airworthiness limitations, 
including updated life limits for certain critical parts and updated 
DAC data files. This proposed AD would require revising the existing 
approved maintenance or inspection program, as applicable, to 
incorporate more restrictive airworthiness limitations, as specified in 
a European Union Aviation Safety Agency (EASA) AD, which is proposed 
for incorporation by reference (IBR). The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by May 8, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0437; 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 NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA service information identified in this NPRM, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: 
+49 221 8999 000; email: [email protected]; website: easa.europa.eu. 
You may find this material on the EASA website at ad.easa.europa.eu.
     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 (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer, 
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
(781) 238-7241; email: [email protected].

[[Page 17427]]


SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-0437; Project Identifier 
MCAI-2022-01358-E'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Sungmo Cho, 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.

Background

    The FAA issued AD 2021-26-13, Amendment 39-21872 (86 FR 72840, 
December 23, 2021) (AD 2021-26-13), for all RRD Trent 1000-A2, Trent 
1000-AE2, Trent 1000-C2, Trent 1000-CE2, Trent 1000-D2, Trent 1000-E2, 
Trent 1000-G2, Trent 1000-H2, Trent 1000-J2, Trent 1000-K2, and Trent 
1000-L2 model turbofan engines. AD 2021-26-13 was prompted by an MCAI 
originated by EASA, which is the Technical Agent for the Member States 
of the European Union. EASA issued AD 2020-0241, dated November 5, 
2020, to correct an unsafe condition identified as the manufacturer 
revising the engine TLM life limits of certain critical rotating parts, 
updating the direct accumulation counting data files, and updating 
certain maintenance tasks.
    AD 2021-26-13 requires operators to update the airworthiness 
limitations section (ALS) of their approved maintenance and inspection 
program by incorporating the latest revision of the engine TLM life 
limits of certain critical rotating parts and updating DAC data files 
for each affected model turbofan engine. The FAA issued AD 2021-26-13 
to prevent the failure of critical rotating parts.

Actions Since AD 2021-26-13 Was Issued

    Since the FAA issued AD 2021-26-13, EASA superseded EASA AD 2020-
0241 and issued EASA AD 2022-0210, dated October 17, 2022 (EASA AD 
2022-0210) (referred to after this as the MCAI). The MCAI states that 
the manufacturer published a revised TLM introducing new or more 
restrictive tasks and limitations. These new or more restrictive tasks 
and limitations include updating declared lives of certain critical 
parts and updating DAC data files.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0437.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0210. EASA AD 2022-0210 specifies 
instructions for accomplishing the actions specified in the applicable 
TLM, including performing maintenance tasks, replacing life-limited 
parts, and revising the existing approved maintenance or inspection 
program, as applicable, by incorporating the limitations, tasks, and 
associated thresholds and intervals described in the TLM. 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.

FAA's Determination

    These products have been approved by the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI described above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain none of the requirements of AD 2021-
26-13. This proposed AD would require revising the existing approved 
maintenance or inspection program, as applicable, to incorporate more 
restrictive airworthiness limitations, which are specified in EASA AD 
2022-0210, and is also proposed for incorporation by reference. Any 
differences with EASA AD 2022-0210 are identified as exceptions in the 
regulatory text of this AD and discussed under ``Differences Between 
this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    Where paragraph (3) of EASA AD 2022-0210 specifies revising the 
approved Aircraft Maintenance Programme within 12 months after the 
effective date of EASA AD 2022-0210, this proposed AD would require 
revising the ALS of the existing approved maintenance or inspection 
program, as applicable, within 90 days after the effective date of this 
AD.

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, the FAA proposes to incorporate by reference EASA AD 2022-0210 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with EASA AD 2022-0210 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this proposed AD. Using common terms that are 
the same as the heading of a particular section in the EASA AD 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

[[Page 17428]]

``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-0210. 
Service information required by the EASA AD for compliance will be 
available at regulations.gov by searching for and locating Docket No. 
FAA-2023-0437 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 32 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
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                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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Revise the continuous airworthiness   1 work-hours x $85 per               $0              $85           $2,720
 maintenance program.                  hour = $85.
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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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

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

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:
0
a. Removing Airworthiness Directive 2021-26-13, Amendment 39-21872 (86 
FR 72840, December 23, 2021);
0
b. Adding the following new AD:

Rolls-Royce Deutschland Ltd & Co KG: Docket No. FAA-2023-0437; 
Project Identifier MCAI-2022-01358-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 8, 2023.

(b) Affected ADs

    This AD replaces AD 2021-26-13, Amendment 39-21872 (86 FR 72840, 
December 23, 2021).

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (Type 
Certificate previously held by Rolls-Royce plc) Trent 1000-A2, Trent 
1000-AE2, Trent 1000-C2, Trent 1000-CE2, Trent 1000-D2, Trent 1000-
E2, Trent 1000-G2, Trent 1000-H2, Trent 1000-J2, Trent 1000-K2, and 
Trent 1000-L2 model turbofan engines, all serial numbers.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine 
(Turbine/Turboprop).

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the engine 
Time Limits Manual life limits of certain critical rotating parts, 
updating the direct accumulation counting data files, and updating 
certain maintenance tasks. The FAA is issuing this AD to prevent the 
failure of critical rotating parts. The unsafe condition, if not 
addressed, 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

    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 (EASA) AD 
2022-0210, dated October 17, 2022 (EASA AD 2022-0210).

(h) Exceptions to EASA AD 2022-0210

    (1) Where EASA AD 2022-0210 defines the AMP as the approved 
Aircraft Maintenance Programme on the basis of which the operator or 
the owner ensures the continuing airworthiness of each operated 
engine, this AD defines the AMP as the Aircraft Maintenance Program 
on the basis of which the operator or the owner ensures the 
continuing airworthiness of each operated airplane.
    (2) Where EASA AD 2022-0210 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) This AD does not require compliance with paragraph (1) of 
EASA AD 2022-0210.
    (4) This AD does not require compliance with paragraph (2) of 
EASA AD 2022-0210.
    (5) Where paragraph (3) of EASA AD 2022-0210 specifies revising 
the approved AMP within 12 months after the effective date of EASA 
AD 2022-0210, this AD requires revising the existing approved 
maintenance or inspection program, as applicable, and airworthiness 
limitations section within 90 days after the effective date of this 
AD.
    (6) This AD does not adopt the ``Remarks'' paragraph of EASA AD 
2022-0210.

(i) Provisions for Alternative Actions and Intervals

    After performing the actions required by paragraph (g) of this 
AD, no alternative actions and associated thresholds and intervals, 
including life limits, are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2022-0210.

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, ECO Branch, FAA, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14

[[Page 17429]]

CFR 39.19. In accordance with 14 CFR 39.19, send your request to 
your principal inspector or responsible Flight Standards 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) of this AD and email to: [email protected]. 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) Additional Information

    For more information about this AD, contact Sungmo Cho, Aviation 
Safety Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, 
MA 01803; phone: (781) 238-7241; email: [email protected].

(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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency AD 2022-0210, dated 
October 17, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0210, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]; website: easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the 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.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 14, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-05668 Filed 3-22-23; 8:45 am]
BILLING CODE 4910-13-P