[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Proposed Rules]
[Pages 45106-45109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14837]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1490; Project Identifier MCAI-2022-01624-E]
RIN 2120-AA64


Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG 
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) 
2021-21-13, which applies to certain Rolls-Royce Deutschland Ltd. & Co 
KG (RRD) Model Trent 1000 engines. AD 2021-21-13 requires the operator 
to revise the airworthiness limitation section (ALS) of their existing 
approved aircraft maintenance program (AMP) by incorporating the 
revised tasks of the applicable time limits manual (TLM) for each 
affected model turbofan engine. Since the FAA issued AD 2021-21-13, the 
manufacturer has revised the TLM, introducing new and more restrictive 
instructions. This proposed AD would require revisions to the ALS of 
the operator's existing approved AMP, 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 August 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

[[Page 45107]]

p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1490; 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. It 
is also available at regulations.gov under Docket No. FAA-2023-1490.
     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, 
FAA, 2200 South 216th Street, Des Moines, WA 98198; 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-2023-1490; Project Identifier 
MCAI-2022-01624-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 
the 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, FAA, 2200 South 216th Street, Des 
Moines, WA 98198. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued AD 2021-21-13, Amendment 39-21773 (86 FR 64066, 
November 17, 2021) (AD 2021-21-13), for certain RRD Model Trent 1000 
engines. AD 2021-21-13 was prompted by an MCAI originated by EASA, 
which is the Technical Agent for the Member States of the European 
Union. EASA issued EASA AD 2020-0242, dated November 5, 2020 (EASA AD 
2020-0242), to address an unsafe condition identified as the 
manufacturer revising the engine TLM life limits of certain critical 
rotating parts and direct accumulation counting data files.
    AD 2021-21-13 requires the operator to revise the ALS of their 
existing approved AMP by incorporating the revised tasks of the 
applicable TLM for each affected model turbofan engine, as specified in 
EASA AD 2020-0242. The FAA issued AD 2021-21-13 to prevent the failure 
of critical rotating parts, which could result in failure of one or 
more engines, loss of thrust control, and loss of the airplane.

Actions Since AD 2021-21-13 Was Issued

    Since the FAA issued AD 2021-21-13, EASA superseded EASA AD 2020-
0242 and issued EASA AD 2022-0259, dated December 20, 2022 (EASA AD 
2022-0259) (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, updating direct accumulation counting data files, and updated 
inspections.
    The FAA is proposing this AD to prevent the failure of critical 
rotating parts. This condition, if not addressed, could result in 
failure of critical rotating parts, which could result in failure of 
one or more engines, loss of thrust control, and loss of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1490.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0259, which 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-
21-13. This proposed AD would require accomplishing the actions 
specified in the MCAI described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD and 
except as discussed under ``Differences Between this Proposed 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

[[Page 45108]]

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 2022-0259 in the FAA final rule. This proposed AD 
would, therefore, require compliance with EASA AD 2022-0259 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 2022-0259. Service information 
required by the EASA AD for compliance will be available at 
regulations.gov by searching for and locating Docket No. FAA-2023-1490 
after the FAA final rule is published.

Differences Between This Proposed AD and the MCAI

    Where EASA AD 2022-0259 defines the AMP as the Aircraft Maintenance 
Programme which contains the tasks on the basis of which the scheduled 
maintenance is conducted to ensure the continuing airworthiness of each 
operated engine, this proposed AD defines the AMP as the Aircraft 
Maintenance Program which contains the tasks of which the operator or 
the owner ensures the continuing airworthiness of each operated 
airplane.
    Where paragraph (3) of EASA AD 2022-0259 specifies revising the 
approved Aircraft Maintenance Programme within 12 months after the 
effective date of EASA AD 2022-0259, 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.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 28 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise the ALS........................  1 work-hours x $85 per                $0             $85          $2,380
                                         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 that the 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 AD 2021-21-13, Amendment 39-21773 
(86 FR 64066, November 17, 2021); and
0
b. Adding the following new airworthiness directive:

Rolls-Royce Deutschland Ltd & Co KG: Docket No. FAA-2023-1490; 
Project Identifier MCAI-2022-01624-E.

(a) Comments Due Date

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

(b) Affected ADs

    This AD replaces AD 2021-21-13, Amendment 39-21773 (86 FR 64066, 
November 17, 2021).

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (RRD) 
Model Trent 1000-A, Trent 1000-AE, Trent 1000-C, Trent 1000-CE, 
Trent 1000-D, Trent 1000-E, Trent 1000-G, and Trent 1000-H engines.

(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. 
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 critical rotating parts, which 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

[[Page 45109]]

Safety Agency (EASA) AD 2022-0259, dated December 20, 2022 (EASA AD 
2022-0259).

(h) Exceptions to EASA AD 2022-0259

    (1) Where EASA AD 2022-0259 defines the AMP as the Aircraft 
Maintenance Programme which contains the tasks on the basis of which 
the scheduled maintenance is conducted to ensure the continuing 
airworthiness of each operated engine, this proposed AD defines the 
AMP as the Aircraft Maintenance Program which contains the tasks of 
which the operator or the owner ensures the continuing airworthiness 
of each operated airplane.
    (2) Where EASA AD 2022-0259 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 2022-0259.
    (4) This AD does not require compliance with paragraph (2) of 
EASA AD 2022-0259.
    (5) Where paragraph (3) of EASA AD 2022-0259 specifies revising 
the approved Aircraft Maintenance Programme within 12 months after 
the effective date of EASA AD 2022-0259, this proposed AD would 
require revising the airworthiness limitations section of the 
existing approved maintenance or inspection program, as applicable, 
within 90 days after the effective date of this AD.
    (6) This AD does not adopt the ``Remarks'' paragraph of EASA AD 
2022-0259.

(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 2022-0259.

 (j) Alternative Methods of Compliance (AMOCs)

    The Manager, AIR-520, Continued Operational Safety 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 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, FAA, 2200 South 216th Street, Des Moines, WA 98198; 
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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency AD 2022-0259, dated 
December 20, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0259, 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 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 July 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-14837 Filed 7-13-23; 8:45 am]
BILLING CODE 4910-13-P