[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Rules and Regulations]
[Pages 24691-24693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07433]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0993; Project Identifier MCAI-2024-00178-E; 
Amendment 39-22725; AD 2024-07-04]
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 RB211-524H-36 and 
RB211-524H-T-36 engines. This AD was prompted by reports of engine 
surges and a subsequent investigation which found that the surges may 
have been caused by material loss on the high-pressure compressor (HPC) 
stage 1 and stage 2 rotor path liners. This AD requires borescope 
inspections (BSIs) of the HPC stage 1 and stage 2 rotor path liners for 
material loss, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective April 15, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 15, 
2024.
    The FAA must receive comments on this AD by May 24, 2024.

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-2024-0993; 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, 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. It is 
also available at regulations.gov under Docket No. FAA-2024-0993.

FOR FURTHER INFORMATION CONTACT: Barbara Caufield, Aviation Safety 
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 
(781) 238-7146; 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-2024-0993; Project Identifier MCAI-
2024-00178-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 Barbara 
Caufield, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des 
Moines, WA 98198. Any commentary that the FAA receives which is not 
specifically

[[Page 24692]]

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 2024-0069-E, dated March 12, 2024 
(EASA AD 2024-0069-E) (also referred to as the MCAI), to correct an 
unsafe condition for all RRD Model RB211-524H-36 and RB211-524H-T-36 
engines. The MCAI states that multiple occurrences have been reported 
of engine surges during climb. A subsequent investigation determined 
that the HPC stage 1 and stage 2 rotor path liners had a level of liner 
material loss which had significantly eroded the surge margin. To 
address this unsafe condition, the manufacturer published service 
information that specifies procedures for performing BSIs of HPC stage 
1 and stage 2 rotor path liners for material loss. This condition, if 
not addressed, could result in dual engine shutdown and reduced control 
of the airplane
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0993.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2024-0069-E, which specifies procedures 
for performing BSIs of affected HPC stage 1 and stage 2 rotor path 
liners.
    This service information 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 EASA AD 
2024-0069-E described previously, except for any differences identified 
as exceptions in the regulatory text of this AD.

Differences Between This AD and the MCAI

    Where paragraph (1) of the MCAI specifies performing the initial 
BSI of the HPC stage 1 and stage 2 rotor path liners within 18 days 
after the effective date of the MCAI, this AD requires performing the 
initial BSI of the HPC stage 1 and stage 2 rotor path liners within 5 
days 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 
because material loss on the HPC stage 1 and 2 rotor path liners could 
cause engines to surge, which may result in dual engine shutdown and 
reduced control of the airplane. There have been reports of aircraft 
utilizing affected engines that have exceeded airworthiness 
requirements, therefore, the likelihood of the unsafe condition 
occurring is high and the inspection needs to be done on at least one 
engine installed on an affected airplane within 5 days. 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 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 16 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
----------------------------------------------------------------------------------------------------------------
BSI of HPC stage 1 and stage 2 rotor  .75 work-hours x $85                 $0           $63.75           $1,020
 path liners.                          per hour = $63.75.
----------------------------------------------------------------------------------------------------------------

    Corrective action that may be needed as a result of the BSI could 
vary significantly from aircraft to aircraft. The FAA has no data to 
determine the costs to accomplish the corrective action or the number 
of aircraft that may require corrective action or repair.

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 24693]]

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:

2024-07-04 Rolls-Royce Deutschland Ltd & Co KG: Amendment 39-22725; 
Docket No. FAA-2024-0993; Project Identifier MCAI-2024-00178-E.

(a) Effective Date

    This airworthiness directive (AD) is effective April 15, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG Model 
RB211-524H-36 and RB211-524H-T-36 engines.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of engine surges and a 
subsequent investigation which found that the surges may have been 
caused by material loss on the high-pressure compressor (HPC) stage 
1 and stage 2 rotor path liners. The FAA is issuing this AD to 
prevent material loss on the HPC stage 1 and stage 2 rotor path 
liners. The unsafe condition, if not addressed, could result in dual 
engine 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 AD 
2024-0069-E, dated March 12, 2024 (EASA AD 2024-0069-E).

(h) Exceptions to EASA AD 2024-0069-E

    (1) Where EASA AD 2024-0069-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2024-0069-E specifies compliance ``Within 18 
days after the effective date of this AD,'' for this AD, replace 
that text with ``Within 5 days after the effective date of this 
AD.''
    (3) Where EASA AD 2024-0069-E specifies to ``contact Rolls-Royce 
Deutschland Ltd & Co KG,'' for this AD, replace that text with 
``contact the Manager, AIR-520 Continued Operational Safety Branch, 
FAA; or EASA; or the Rolls-Royce Deutschland Ltd & Co KG EASA Design 
Organization Approval (DOA) (if approved by the DOA, the approval 
must include the DOA-authorized signature)''
    (4) This AD does not adopt the Remarks paragraph of EASA AD 
2024-0069-E.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2024-
0069-E specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the AIR-520 Continued Operational Safety 
Branch, send it to the attention of the person identified in 
paragraph (k) of this AD.
    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 Barbara Caufield, 
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, 
WA 98198; phone: (781) 238-7146; 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 (EASA) AD 2024-0069-E, 
dated March 12, 2024.
    (ii) [Reserved]
    (3) For EASA AD 2024-0069-E, 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 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.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on March 28, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-07433 Filed 4-3-24; 4:15 pm]
BILLING CODE 4910-13-P