[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Proposed Rules]
[Pages 51742-51745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16535]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1652; Project Identifier MCAI-2022-01528-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 supersede five airworthiness directives 
(ADs) for all Rolls-Royce Deutschland Ltd. & Co KG (RRD) Model RB211-
535E4-37, RB211-535E4-B-37, and RB211-535E4-C-37 engines. The existing 
ADs require recalculating the cyclic life for certain engine life-
limited rotating parts and replacing those parts that have exceeded 
their cyclic life limit within specified compliance times. Since the 
FAA issued those ADs the manufacturer has revised the engine time 
limits manual (TLM), introducing new and more restrictive instructions. 
This proposed AD would require revising the airworthiness limitations 
section (ALS) of the existing approved maintenance or inspection 
program, 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 September 18, 
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-2023-1652; 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, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For 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-2023-1652.
     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-2023-1652; Project Identifier 
MCAI-2022-01528-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

[[Page 51743]]

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 2003-17-15, Amendment 39-13290 (68 FR 51682, 
August 28, 2003) (AD 2003-17-15); AD 2013-19-17, Amendment 39-17599 (78 
FR 61171, October 3, 2013); corrected November 14, 2013 (78 FR 68360) 
(AD 2013-19-17); AD 2013-19-18, Amendment 39-17600 (78 FR 61168, 
October 3, 2013) (AD 2013-19-18); AD 2015-17-21, Amendment 39-18254 (80 
FR 65925, October 28, 2015) (AD 2015-17-21); and AD 2016-03-04, 
Amendment 39-18391 (81 FR 6755, February 9, 2016) (AD 2016-03-04) for 
RRD Model RB211-535E4-37, RB211-535E4-B-37, and RB211-535E4-C-37 
engines. The FAA also issued AD 2004-19-04, Amendment 39-13798 (69 FR 
56683, September 22, 2004); corrected September 30, 2004 (69 FR 58257) 
for Model RB211-22B, RB211-524, and RB211-535 series engines. Those ADs 
require recalculating the cyclic life for certain engine life-limited 
rotating parts and replacing those parts that have exceeded their 
cyclic life limit within specified compliance times, and revision of 
the engine TLM. The FAA issued those ADs to prevent failure of critical 
life-limited rotating engine parts, which could result in uncontained 
parts release, uncontained engine failure, damage to the engine, and 
damage to the airplane.

Actions Since the Previous ADs Were Issued

    Since the FAA issued AD 2003-17-15, AD 2004-19-04, AD 2013-19-17, 
AD 2013-19-18, AD 2015-17-21, and AD 2016-03-04; EASA, which is the 
Technical Agent for the Member States of the European Union, issued 
EASA AD 2022-0235, dated December 1, 2022 (EASA AD 2022-0235) (also 
referred to after this as the MCAI). The MCAI states that the 
manufacturer published a revised engine 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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1652.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0235, which specifies instructions 
for accomplishing the actions specified in the applicable engine 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 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 these same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain none of the requirements of AD 2003-
17-15, AD 2013-19-17, AD 2013-19-18, AD 2015-17-21, and AD 2016-03-04. 
This proposed AD would require revising the existing approved 
maintenance or inspection program, as applicable, to incorporate more 
restrictive airworthiness limitations, as specified in EASA AD 2022-
0235, 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 MCAI.'' This proposed AD 
would also terminate all requirements of AD 2004-19-04 for Model RB211-
535E4-37, RB211-535E4-B-37, and RB211-535E4-C-37 engines only.

Differences Between This Proposed AD and the MCAI

    Where paragraph (3) of EASA AD 2022-0235 specifies revising the 
approved Aircraft Maintenance Programme within 12 months after the 
effective date of EASA AD 2022-0235, 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 468 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 ALS of the existing          1 work-hours x $85 per                $0             $85         $39,780
 approved maintenance or inspection      hour = $85.
 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 
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.

[[Page 51744]]

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 2003-17-15, Amendment 39-13290 
(68 FR 51681, August 28, 2003); AD 2013-19-17, Amendment 39-17599 (78 
FR 61171, October 3, 2013); corrected November 14, 2013 (78 FR 68360); 
AD 2013-19-18, Amendment 39-17600 (78 FR 61168, October 3, 2013); AD 
2015-17-21, Amendment 39-18254 (80 FR 65925, October 28, 2015); and AD 
2016-03-04, Amendment 39-18391 (81 FR 6755, February 9, 2016); and
0
b. Adding the following new airworthiness directive:

Rolls-Royce Deutschland Ltd & Co KG: Docket No. FAA-2023-1652; 
Project Identifier MCAI-2022-01528-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 18, 2023.

(b) Affected ADs

    (1) This AD replaces AD 2003-17-15, Amendment 39-13290 (68 FR 
51682, August 28, 2003).
    (2) This AD affects AD 2004-19-04, Amendment 39-13798 (69 FR 
56683, September 22, 2004); corrected September 30, 2004 (69 FR 
58257) (AD 2004-19-04).
    (3) This AD replaces AD 2013-19-17, Amendment 39-17599 (78 FR 
61171, October 3, 2013); corrected November 14, 2013 (78 FR 68360).
    (4) This AD replaces AD 2013-19-18, Amendment 39-17600 (78 FR 
61168, October 3, 2013).
    (5) This AD replaces AD 2015-17-21, Amendment 39-18254 (80 FR 
65925, October 28, 2015).
    (6) This AD replaces AD 2016-03-04, Amendment 39-18391 (81 FR 
6755, February 9, 2016).

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd. & Co KG (RRD) 
Model RB211-535E4-37, RB211-535E4-B-37, and RB211-535E4-C-37 
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 and the life limits of certain critical rotating 
parts. The FAA is issuing this AD to prevent failure of critical 
rotating parts. The unsafe condition, if not addressed, could result 
in uncontained parts release, uncontained engine failure, 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 
2022-0235, dated December 1, 2022 (EASA AD 2022-0235).

(h) Exceptions to EASA AD 2022-0235

    (1) Where EASA AD 2022-0235 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 2022-0235 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) and 
(2) of EASA AD 2022-0235.
    (4) Where paragraph (3) of EASA AD 2022-0235 specifies revising 
the approved Aircraft Maintenance Programme within 12 months after 
the effective date of EASA AD 2022-0235, 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.
    (5) This AD does not adopt the ``Remarks'' paragraph of EASA AD 
2022-0235.

(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 2022-0235.

(j) Terminating Action for AD 2004-19-04

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2004-19-04 for Model RB211-535E4-37, RB211-535E4-
B-37, and RB211-535E4-C-37 engines only.

(k) Alternative Methods of Compliance (AMOCs)

    (1) 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 (l) 
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.

(l) 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].

(m) 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 2022-0235, dated 
December 1, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0235, 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

[[Page 51745]]

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 27, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-16535 Filed 8-3-23; 8:45 am]
BILLING CODE 4910-13-P