[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Rules and Regulations]
[Pages 60566-60570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19164]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1808; Project Identifier MCAI-2023-00906-E; 
Amendment 39-22537; AD 2023-17-11]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Rolls-Royce Deutschland Ltd & Co KG (RRD) Model BR700-715A1-30, BR700-
715B1-30, and BR700-715C1-30 engines. This AD was prompted by reports 
of malformed scallop edge geometry and surface conditions at the front 
flange scallops of affected low-pressure compressor (LPC) booster 
rotors. This AD requires repetitive fluorescent penetrant inspections 
(FPIs)

[[Page 60567]]

of the front flange scallops of the LPC booster rotor for any cracks, 
replacement or repair of the LPC booster rotor if necessary and, as an 
optional terminating action to the repetitive FPIs, a visual inspection 
for malformed scallop edge geometry and malformed surface conditions, 
as specified in a European Union Aviation Safety Agency (EASA) AD, 
which is incorporated by reference (IBR). The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective September 20, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
20, 2023.
    The FAA must receive comments on this AD by October 20, 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-2023-1808; 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 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 final 
rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +49 221 8999 000; email: [email protected]. 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. It is 
also available at regulations.gov under Docket No. FAA-2023-1808.

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 data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-1808; Project Identifier MCAI-
2023-00906-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 
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 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2023-0152, dated July 25, 2023 (EASA 
AD 2023-0152) (also referred to after this as the MCAI), to correct an 
unsafe condition for all RRD Model BR700-715A1-30, BR700-715B1-30, and 
BR700-715C1-30 engines. The MCAI states that occurrences have been 
reported of finding malformed scallop edge geometry and surface 
conditions at the front flange of scallops of certain LPC booster 
rotors. To address this unsafe condition, the manufacturer published 
service information that specifies procedures for inspecting the front 
flange scallops of the LPC booster rotors with accept and reject 
criteria.
    Prior to the issuance of EASA AD 2023-0152, the FAA issued a notice 
of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD 
that would apply to RRD Model BR700-715A1-30, BR700-715B1-30, and 
BR700-715C1-30 engines. The NPRM published in the Federal Register on 
June 14, 2023 (88 FR 38762). The NPRM was prompted by EASA AD 2022-
0252, dated December 16, 2022 (later revised to EASA AD 2022-0252R1, 
dated April 28, 2023 (EASA AD 2022-0252R1)). The NPRM proposed to 
require repetitive FPIs of the front flange scallops of the LPC booster 
rotor for any cracks, replacement or repair of the LPC booster rotor if 
necessary and, as an optional terminating action to the repetitive 
FPIs, a visual inspection for malformed scallop edge geometry and 
malformed surface conditions to prevent failure of the LPC booster 
rotor. However, since the NPRM was issued, the FAA has reviewed the 
MCAI which supersedes EASA AD 2022-0252R1 and includes both reduced 
compliance times for certain engines and extended compliance times for 
certain other engines. Therefore, the FAA has determined that it is 
necessary to withdraw the NPRM under a separate action; and instead 
issue this final rule to address the unsafe condition.
    For further information, you may examine the MCAI in the AD docket 
at regulations.gov under Docket No. FAA-2023-1808.

Discussion of Notice of Proposed Rule Making

Comments

    The FAA received comments from four commenters. Commenters included 
Hawaiian Airlines (Hawaiian), Delta Air Lines (Delta), The Boeing 
Company, and Air Line Pilots Association, International (ALPA). Boeing 
and ALPA supported the NPRM without change. However, comments from 
Hawaiian and Delta identified concerns with the NPRM. The FAA has 
determined that it is necessary to withdraw the NPRM and instead issue 
this final rule to address the unsafe condition. The following presents 
the comments received on the

[[Page 60568]]

NPRM and the FAA's response to each comment.

Requests To Revise the NPRM

    Delta suggested that the instructions for the FPI referenced in 
EASA AD 2022-0252 do not provide procedures for the application of non-
aqueous aerosol developer (NAD). Additionally, Delta requested that the 
FAA include an exception to the AD to allow this NAD or industry 
equivalent for the FPI procedure.
    Delta pointed out that the manufacturer has published a revision to 
the service information that was referenced in EASA AD 2022-0252 and 
requested that the FAA include credit in the NPRM for actions 
accomplished using RRD Non-Modification Service Bulletin (NMSB) SB-
BR700-72-A900738, Initial Issue, dated December 15, 2022. Delta 
mentioned that the inspections specified in RRD NMSB SB-BR700-72-
A900738, Initial Issue, dated December 15, 2022, are equivalent to 
those contained in RRD NMSB SB-BR700-72-A900738, Revision 1, dated July 
11, 2023. The FAA infers that Delta is requesting that RRD NMSB SB-
BR700-72-A900738, Revision 1, dated July 11, 2023, as the required 
service information for the actions specified in the NPRM.
    Hawaiian stated that the materials necessary to accomplish the 
required actions listed in the NPRM are obsolete or otherwise 
unavailable for use in the United States. Hawaiian requested that the 
FAA revise the NPRM to include suitable materials for accomplishing the 
required actions.
    After careful consideration of these comments, the FAA agrees to 
withdraw the NPRM. However, the FAA will accomplish the withdrawal of 
the NPRM as a separate action. The MCAI specified in this final rule 
refers to the revised service information, and both now adequately 
address the concerns Delta and Hawaiian. The FAA has updated this final 
rule to include the revised service information which also contains the 
change of materials necessary to support the required inspections.

Conclusion

    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 referenced above. The FAA reviewed the relevant data, 
considered the comments received, and has determined to withdraw the 
NPRM. Instead of publishing the NPRM, the FAA has also determined that 
air safety requires adopting this final rule. Accordingly, the FAA is 
issuing this AD to address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0152, which specifies procedures for 
accomplishing repetitive FPIs (on-wing or in-shop) of the front flange 
scallops of the affected part and, if any cracks are detected, removing 
the engine from service and contacting the manufacturer for approved 
corrective actions. EASA AD 2023-0152 also specifies procedures for 
performing a visual inspection, taking photographs, and submitting 
photograph documentation of the LPC booster rotor front flange scallops 
for malformed scallop edge geometry and malformed surface conditions, 
including validation of the results from the manufacturer, as 
terminating action for the repetitive FPIs.
    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 referenced above. The FAA is issuing this AD after determining 
that the unsafe condition described previously is likely to exist or 
develop on other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the MCAI, 
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.'' This AD requires sending certain inspection 
results, the Part C Accomplishment Form, and photographic evidence to 
the manufacturer if operators elect to perform the optional terminating 
action specified in Part C of the service information referenced in 
EASA AD 2023-0152.

Differences Between This AD and the MCAI

    Where paragraphs (2) and (3) of EASA AD 2023-0152 specify to 
contact RRD for approved corrective action(s) and accomplish those 
actions accordingly, this AD requires replacement or repair of the LPC 
booster rotor.
    Where paragraph (1) requires accomplishment of the initial 
inspection to be determined by certain flight missions and engine 
flight cycles (EFC), after the effective date of the EASA AD, but not 
later than August 31, 2023, this AD requires accomplishment of the 
initial inspection within 150 EFC after the effective date of this AD.

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 providing notice and seeking 
comment prior to 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 forgoing notice and comment prior to adoption of this rule 
due to a reassessment performed by the manufacturer that determined an 
increased risk of a crack developing on the LPC booster. This unsafe 
condition may result in release of high-energy debris, with consequent 
engine in-flight shutdown, and reduced control of the airplane. Due to 
this increased risk, the FPI of the LPC booster for cracking must be 
accomplished within 150 flight cycles (which is equivalent to 30 days) 
after the effective date of this AD. 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 forgo notice and 
comment.

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

[[Page 60569]]

cause to adopt this rule without prior notice and comment, RFA analysis 
is not required.

Costs of Compliance

    The FAA estimates that this AD affects 148 engines installed on 
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
FPI front flange scallops of the LPC  5 work-hours x $85 per               $0             $425          $62,900
 booster rotor.                        hour = $425.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacement, repair, or visual inspection that would be required based 
on the results of the inspection. The agency has no way of determining 
the number of engines that might need this replacement, repair, or 
visual inspection:

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace the LPC booster rotor.................  10 work-hours x $85 per hour =          $461,897        $462,747
                                                 $850.
Repair the LPC booster rotor..................  10 work-hours x $85 per hour =           185,000         185,850
                                                 $850.
Visual inspection and photograph documentation  7 work-hours x $85 per hour =                  0             595
 of the LPC booster rotor front flange           $595.
 scallops.
Send Accomplishment Form (Part C) and           1 work-hours x $85 per hour =                  0              85
 photographs to RRD.                             $85.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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:

2023-17-11 Rolls-Royce Deutschland Ltd & Co KG: Amendment 39-22537; 
Docket No. FAA-2023-1808; Project Identifier MCAI-2023-00906-E.

(a) Effective Date

    This airworthiness directive (AD) is effective September 20, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (RRD) 
Model BR700-715A1-30, BR700-715B1-30, and BR700-715C1-30 engines.

[[Page 60570]]

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of malformed scallop edge 
geometry and surface conditions at the front flange scallops of 
affected low-pressure compressor (LPC) booster rotors. The FAA is 
issuing this AD to prevent failure of the LPC booster rotor. The 
unsafe condition, if not addressed, could result in release of high-
energy debris, with consequent engine in-flight 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 paragraphs (h) and (i) of this AD: 
Perform all required actions within the compliance times specified 
in, and in accordance with, European Union Aviation Safety Agency 
(EASA) AD 2023-0152, dated July 25, 2023 (EASA AD 2023-0152).

(h) Exceptions to EASA AD 2023-0152

    (1) Where EASA AD 2023-0152 requires compliance from its 
effective date, this AD requires using the effective date of this 
AD.
    (2) This AD does not adopt the compliance times specified for 
the initial fluorescent penetrant inspection (FPI) in paragraph (1) 
and Table 1 of EASA AD 2023-0152. Instead, this AD requires the 
initial FPI within 150 engine flight cycles after the effective date 
of this AD.
    (3) Where paragraph (1) of EASA AD 2023-0152 specifies ``in 
accordance with the instructions of EM task 72-38-12-200-801'' this 
AD requires replacing those words with ``in accordance with the 
instructions of EM task 72-38-18-200-801 or equivalent FAA approved 
procedures.''
    (4) Where paragraphs (2) and (3) of EASA AD 2023-0152 specify to 
contact RRD for approved corrective action(s) and accomplish those 
actions accordingly, this AD requires replacement of the LPC booster 
rotor. In lieu of replacement of the affected LPC booster rotor, 
operators may repair the affected LPC booster rotor using a method 
approved by the Manager, International Validation Branch, FAA; or 
EASA; or RRD's EASA Design Organization Approval (DOA). If approved 
by the DOA, the approval must include the DOA-authorized signature.
    (5) Where the service information referenced in EASA AD 2023-
0152 specifies to reject the engine if a crack is found, this AD 
requires replacement or repair of the LPC booster rotor.
    (6) This AD does not adopt the Remarks paragraph of EASA AD 
2023-0152.

(i) Reporting Requirement

    Although the service information referenced in EASA AD 2023-0152 
specifies to submit the Accomplishment Forms, Parts A and B, to the 
manufacturer, this AD does not include that requirement. If 
operators elect to perform the optional terminating action specified 
in Part C of the service information referenced in EASA AD 2023-
0152, this AD requires submission of the Part C Accomplishment Form 
and photographic information to the manufacturer.

(j) 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 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, 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 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 2023-0152, dated 
July 25, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2022-0252, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]. You may find EASA AD 2022-0252 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 August 25, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-19164 Filed 8-31-23; 4:15 pm]
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