[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Proposed Rules]
[Pages 38409-38411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12572]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1210; Project Identifier MCAI-2022-01530-E]
RIN 2120-AA64


Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG 
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Rolls-Royce Deutschland Ltd & Co KG (RRD) Model RB211-535C-37 
engines. This proposed AD was prompted by the manufacturer revising the 
existing engine time limits manual (TLM) to introduce new or more 
restrictive airworthiness limitations and associated thresholds and 
intervals for life-limited parts. This proposed AD would require 
revising the airworthiness limitations section (ALS) of the operator's 
existing approved engine maintenance or inspection program, as 
applicable, to incorporate new or more restrictive instructions and 
associated thresholds and intervals for life-limited parts, 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 proposed AD by July 28, 
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-2023-1210; 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 material that is proposed for IBR 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. It 
is also available at regulations.gov under Docket No. FAA-2023-1210.
     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.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (781) 
238-7241; email: [email protected].

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-2023-1210; Project Identifier 
MCAI-2022-01530-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

[[Page 38410]]

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, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590. Any commentary that the FAA receives 
that is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0236, dated December 1, 2022 
(EASA AD 2022-0236) (referred to after this as the MCAI), to address an 
unsafe condition for all RRD Model RB211-535C-37 engines. The MCAI 
states that the ALS for RB211-535C-37 engines, which is approved by 
EASA, is defined and published in TLM T-211(535)-5RR, and that these 
airworthiness limitations have been identified as mandatory for 
continued airworthiness. The MCAI also states that the manufacturer 
published a revised engine TLM to introduce new or more restrictive 
instructions and associated thresholds and intervals for life-limited 
parts.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1210.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0236, which specifies procedures for 
operators to revise the ALS of their existing approved engine 
maintenance or inspection program to incorporate new or more 
restrictive instructions and associated thresholds and intervals for 
life-limited parts described in the revised engine TLM, as applicable 
to each engine model. EASA AD 2022-0236 also describes actions for 
replacing life-limited parts, performing maintenance tasks, and 
performing corrective actions for any finding of discrepancy as 
referenced in the engine 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 this 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 on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the ALS of the operator's 
existing approved engine maintenance or inspection program, as 
applicable, to incorporate new or more restrictive instructions and 
associated thresholds and intervals for life-limited parts, which are 
specified in EASA AD 2022-0236, described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD and as discussed under ``Differences Between this Proposed 
AD and the EASA AD.''

Differences Between This Proposed AD and the EASA AD

    Where paragraph (3) of EASA AD 2022-0236 specifies revising the 
approved Aircraft Maintenance Programme within 12 months after the 
effective date of EASA AD 2022-0236, this proposed AD would require 
revising the ALS of the existing approved engine maintenance or 
inspection program, as applicable, within 90 days after the effective 
date of this AD.
    This proposed AD would not require compliance with paragraphs (1), 
(2), (4), and (5) of EASA AD 2022-0236.

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 2022-0236 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with EASA AD 2022-0236 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 ``Required Action(s) and Compliance Time(s)'' in 
EASA AD 2022-0236. Service information required by the EASA AD for 
compliance will be available at regulations.gov by searching for and 
locating Docket No. FAA-2023-1210 after the FAA final rule is 
published. Service information required by the EASA AD for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2023-1210 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 2 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 ALS of the operator's          1 work-hour x $85 per                $0              $85             $170
 existing approved engine              hour = $85.
 maintenance or inspection program.
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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

[[Page 38411]]

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 adding the following new airworthiness 
directive:

Rolls-Royce Deutschland Ltd & Co KG: Docket No. FAA-2023-1210; 
Project Identifier MCAI-2022-01530-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 28, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG Model 
RB211-535C-37 engines.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 7230, Turbine 
Engine Compressor Section.

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the engine 
time limits manual (TLM) to introduce new or more restrictive 
instructions and associated thresholds and intervals for life-
limited parts. The FAA is issuing this AD to prevent failure of 
life-limited parts. The unsafe condition, if not addressed, could 
result in uncontained release of a critical part, damage to the 
engine, and damage to 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 
2022-0236, dated December 1, 2022 (EASA AD 2022-0236).

(h) Exceptions to EASA AD 2022-0236

    (1) Where EASA AD 2022-0236 defines the AMP as the approved 
Aircraft Maintenance Programme containing the tasks on the basis of 
which the scheduled maintenance is conducted to ensure the 
continuing airworthiness of each operated engine, this AD defines 
the AMP as the aircraft maintenance program containing the tasks on 
the basis of which the scheduled maintenance is conducted to ensure 
the continuing airworthiness of each operated airplane.
    (2) Where EASA AD 2022-0236 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) This AD does not require compliance with paragraphs (1), 
(2), (4), and (5) of EASA AD 2022-0236.
    (4) Where paragraph (3) of EASA AD 2022-0236 specifies revising 
the approved AMP within 12 months after the effective date of EASA 
AD 2022-0236, this AD requires revising the airworthiness 
limitations section of the existing approved engine maintenance or 
inspection program, as applicable, within 90 days after the 
effective date of this AD.
    (5) This AD does not adopt the ``Remarks'' paragraph of EASA AD 
2022-0236.

(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 2022-0236.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 International Validation Branch, send 
it to the attention of the person identified in paragraph (k) of 
this AD and email 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) Additional Information

    For more information about this AD, contact Sungmo Cho, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; 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 2022-0236, dated 
December 1, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0236, 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 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 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, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 7, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-12572 Filed 6-12-23; 8:45 am]
BILLING CODE 4910-13-P