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Federal Aviation Administration (FAA), DOT.
Final rule; request for comments.
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.
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.
You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:
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:
Barbara Caufield, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-7146; email: barbara.caufield@faa.gov.
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.
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 ( printed page 24692) designated as CBI will be placed in the public docket for this rulemaking.
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.
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 .
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.
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.
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.
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.
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.
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:
| Action | Labor cost | Parts cost | Cost per product | Cost on U.S. operators |
|---|---|---|---|---|
| BSI of HPC stage 1 and stage 2 rotor path liners | .75 work-hours × $85 per hour = $63.75 | $0 | $63.75 | $1,020 |
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.
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. ( printed page 24693)
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.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
1. The authority citation for part 39 continues to read as follows:
2. The FAA amends § 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.
This airworthiness directive (AD) is effective April 15, 2024.
None.
This AD applies to Rolls-Royce Deutschland Ltd & Co KG Model RB211-524H-36 and RB211-524H-T-36 engines.
Joint Aircraft System Component (JASC) Code 7230, Turbine Engine Compressor Section.
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.
Comply with this AD within the compliance times specified, unless already done.
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).
(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.
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.
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.
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: barbara.caufield@faa.gov.
(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: ADs@easa.europa.eu; 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 fr.inspection@nara.gov.
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
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