[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Rules and Regulations]
[Pages 62222-62224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28151]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0674; Directorate Identifier 2009-NE-25-AD;
Amendment 39-16092; AD 2009-24-05]
RIN 2120-AA64
Airworthiness Directives; Rolls-Royce plc RB211-Trent 800 Series
Turbofan Engines
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
Under certain ambient conditions, ice can accumulate on the
walls of the fuel pipes within the aircraft fuel system, which can
then be released downstream when fuel flow demand is increased. This
released ice can then collect on the fuel-to-oil heat exchanger
(FOHE) front face and limit fuel flow through the FOHE.
We are issuing this AD to prevent ice from blocking the FOHE, which
could result in an unacceptable engine power loss, and loss of control
of the airplane.
DATES: This AD becomes effective January 4, 2010. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in the regulations as of January 4, 2010.
ADDRESSES: The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.
FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
[email protected]; telephone (781) 238-7176; fax (781) 238-7199.
You can get the service information identified in this AD from
Rolls-Royce plc, P.O. Box 31, DERBY, DE24 8BJ, UK; telephone 44 (0)
1332 242424; fax 44 (0) 1332 249936.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 23, 2009 (74 FR
36422). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
This Airworthiness Directive has been raised following an
incident involving dual loss of engine response in the final stages
of approach leading to touchdown short of the runway. The phenomenon
involved in the loss of engine response has also been seen in flight
affecting just one engine.
Post incident analysis and investigation has established that,
under certain ambient conditions, ice can accumulate on the walls of
the fuel pipes within the aircraft fuel system, which can then be
released downstream when fuel flow demand is increased. This
released ice can then collect on the FOHE front face and limit fuel
flow through the FOHE. This type of icing event was previously
unknown and creates ice concentrations in the fuel system beyond
those specified in the certification requirements.
To mitigate the risk of engine FOHE blockage, this AD requires
replacing the FOHE, part number (P/N) 55003001-1 or 55003001-11, with a
FOHE that has been modified using Rolls-Royce plc Alert Service
Bulletin (ASB) No. RB.211-79-AG257, Revision 1, dated September 14,
2009.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Eliminate ``Or Equivalent'' From Paragraph (e)
Delta Airlines requests that we eliminate the words ``or
equivalent'' from paragraph (e) of the proposed AD.
We agree. We deleted them from paragraph (e) of the AD.
Requests To List the Replacement FOHE P/N or Subsequent Post Alert
Service Bulletin FOHE P/N
American Airlines, Rolls-Royce plc, Boeing, and the Airlines Pilot
Association (ALPA) request that we require replacing the FOHE, P/N
55003001-1 or 55003001-11, with a FOHE P/N 55003001-21, or subsequent
post Rolls-Royce plc ASB No. RB.211-79-AG257 FOHE P/N.
We partially agree. Rulemaking requirements do not permit advance
approval of unknown future revisions to service bulletins and part
numbers. However, we agree that we can clarify the compliance to
identify the modification needed to replace the FOHE. We changed
paragraph (e) to state ``Unless already done, within 6,000 flight hours
after the effective date of this AD, but no later than January 1, 2011,
replace the FOHE, P/N 55003001-1 or 55003001-11, with an FOHE modified
using Rolls-Royce plc ASB No. RB.211-79-AG257, Revision 1, dated
September 14, 2009.
Request To Change the Summary and Discussion Paragraphs
Boeing requests that we change the Summary and Discussion
paragraphs from ``under certain ambient conditions, ice can accumulate
on the walls of the fuel pipes within the aircraft fuel system'' to
``under certain ambient conditions, ice can accumulate on the walls of
the fuel pipes within the aircraft and/or engine fuel systems.'' The
commenter states that the current wording suggests that ice
accumulation is possible only in the aircraft-side wing and strut fuel
feed lines. Post incident analysis and investigation could not
conclusively identify where in the feed lines ice accumulated, nor did
it exclude the possibility of accumulation
[[Page 62223]]
within the engine-side fuel feed lines, and or components. The
suggested wording eliminates this ambiguity.
We do not agree. For the purpose of this AD, separating the
aircraft fuel system from the engine fuel system is not necessary.
Together, they represent the single fuel system for the aircraft. We
did not change the AD.
Identify the AD as Terminating Action for AD 2009-05-11
American Airlines requests that compliance with the AD on both
engines of an airplane be identified as terminating action for AD 2009-
05-11. AD 2009-05-11 currently requires on-ground and in-flight
procedures at the airplane-level.
We do not agree. AD 2009-05-11, which is a Transport Airplane
Directorate AD, defines procedures for the aircraft and not the
engines. This AD is applicable to the engines only. Terminating the
requirements of AD 2009-05-11 must be done within the constraints of
that AD and cannot be defined in this AD. We did not change the AD.
Request To Revise the Costs of Compliance Estimate
Rolls-Royce plc requests that we revise the estimated costs of
compliance from a total of $1,647,720, to a total of $8,098,530, to be
more accurate.
We agree. Since we prepared our initial cost estimate, Rolls-Royce
has updated their information to us. We changed the costs of compliance
section in the AD preamble.
Request To Change the Compliance Time
ALPA International requests that we change the proposed AD
compliance time from ``Within 6,000 flight hours after the effective
date of this AD, but no later than January 1, 2011'', to ``Within six
months after the effective date of the AD or within 6,000 flight hours
after receipt of the Service Bulletin.'' ALPA International believes
that the decreased compliance times are important since, in the event a
blockage of the FOHE, the current procedure requires an immediate idle
descent to melt the blockage. Due to this aircraft's design mission of
long range flight, it often operates over oceanic and geographically
remote areas where radar surveillance may not exist and communications
with the air traffic control is encumbered by language limits, poor
radio reception, and third party communication relay services. These
areas may concentrate traffic on specific routes or tracks. This
creates the potential for traffic conflicts during the descent, without
the ability to receive timely Air Traffic Control clearance or the
additional safety oversight provided by radar separation. This engine
rollback is very insidious to the crew and creates the potential for a
pilot to be faced with an immediate descent without adequate time to
compensate for traffic, weather, or terrain.
We do not agree. On February 17, 2009, the Transport Airplane
Directorate issued AD 2009-05-11 that revises the airplane flight
manual to include in-flight procedures for pilots to follow in certain
cold weather conditions. That AD also includes mandating fuel
circulation procedures on the ground when certain conditions exist.
These procedures are considered adequate to assure continued safe
operation through all environments and conditions, including those
expressed by ALPA, until hardware modifications become available. Those
procedures also reduce hazardous amounts of ice buildup within the fuel
feed system and eliminate ice accumulation on the face of the FOHE. We
did not change the AD.
Request a Mandate To Retrofit At Least One Engine
The National Transportation Safety Board (NTSB) requests that we
mandate the retrofit of at least one engine on each airplane in the
affected fleet by the end of December 2009. The NTSB believes that the
January 1, 2011 compliance date for installation of the new FOHE is not
consistent with the risk associated with the original FOHE design.
We do not agree. AD 2009-05-11 revises the airplane flight manual
to include in-flight procedures for pilots to follow in certain cold
weather conditions. It also includes mandating fuel circulation
procedures on the ground when certain conditions exist. It was issued
to assure continued safe operation until hardware modifications become
available. The actions reduce hazardous amounts of ice buildup within
the fuel feed system and eliminate ice accumulation on the face of the
FOHE. Those procedures were put into place while the investigation was
ongoing and in advance of a permanent solution to the problem. We
consider those procedures appropriate as an interim action to ensure
continued safe operation until a permanent solution can be
incorporated.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
The EASA AD 2009-0142, dated July 13, 2009, requires replacing the
FOHE within 6,000 flight hours from July 10, 2009 or before January 1,
2011, whichever occurs first. This AD requires replacing the FOHE
within 6,000 flight hours after the effective date of the AD, rather
than within 6,000 flight hours from July 10, 2009.
Costs of Compliance
Based on the service information, we estimate that this AD will
affect about 138 products of U.S. registry. We also estimate that it
will take about 8.5 work-hours per product to comply with this AD. The
average labor rate is $80 per work-hour. Required parts will cost about
$58,005 per product. Based on these figures, we estimate the cost of
the AD on U.S. operators to be $8,098,530.
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.
We are 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
We determined that 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 this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
[[Page 62224]]
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is provided in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 AD:
2009-24-05 Rolls-Royce plc: Amendment 39-16092. Docket No. FAA-2009-
0674; Directorate Identifier 2009-NE-25-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective January
4, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Rolls-Royce plc models RB211-Trent 875-
17, 877-17, 884-17, 884B-17, 892-17, 892B-17, and 895-17 turbofan
engines with fuel-to-oil heat exchangers, part numbers 55003001-1
and 55003001-11, installed. These engines are installed on, but not
limited to, Boeing 777 series airplanes.
Reason
(d) This AD results from the risk of engine fuel-to-oil heat
exchanger (FOHE) blockage. We are issuing this AD to prevent ice
from blocking the FOHE, which could result in an unacceptable engine
power loss and loss of control of the airplane.
Actions and Compliance
(e) Unless already done, within 6,000 flight hours after the
effective date of this AD, but no later than January 1, 2011,
replace the FOHE, P/N 55003001-1 or 55003001-11, with an FOHE
modified using Rolls-Royce plc Alert Service Bulletin No. RB.211-79-
AG257, Revision 1, dated September 14, 2009.
FAA AD Differences
(f) This AD differs from the Mandatory Continuing Airworthiness
Information (MCAI) by requiring replacing the FOHE within 6,000
flight hours after the effective date of this AD, rather than within
6,000 flight hours from July 10, 2009.
Other FAA AD Provisions
(g) Alternative Methods of Compliance (AMOCs): The Manager,
Engine Certification Office, FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19.
Related Information
(h) Refer to MCAI Airworthiness Directive 2009-0142, dated July
13, 2009, and Rolls-Royce plc Alert Service Bulletin No. RB.211-79-
AG257, Revision 1, dated September 14, 2009, for related
information. Contact Rolls-Royce plc, P.O. Box 31, DERBY, DE24 8BJ,
UK; telephone 44 (0) 1332 242424; fax 44 (0) 1332 249936, for a copy
of this service information.
(i) Contact James Lawrence, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
[email protected]; telephone (781) 238-7176; fax (781) 238-
7199, for more information about this AD.
Material Incorporated by Reference
(j) You must use Rolls-Royce plc Alert Service Bulletin No.
RB.211-79-AG257, Revision 1, dated September 14, 2009, to perform
the FOHE modification required by this AD. The Director of the
Federal Register approved the incorporation by reference of this
service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Contact Rolls-Royce plc, P.O. Box 31, DERBY, DE24 8BJ, UK;
telephone 44 (0) 1332 242424; fax 44 (0) 1332 249936, for a copy of
this service information. You may review copies at the FAA, New
England Region, 12 New England Executive Park, Burlington, MA; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Burlington, Massachusetts, on November 16, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-28151 Filed 11-25-09; 8:45 am]
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