Airworthiness Directives; Rolls-Royce plc RB211-Trent 800 Series Turbofan Engines, 62222-62224 [E9-28151]

Download as PDF 62222 Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Rules and Regulations Airworthiness Limitations, Document 95A.1931/05, Issue 2, dated July 8, 2008, under 5 U.S.C. 552(a) and 1 CFR part 51. (2) The Director of the Federal Register previously approved the incorporation by reference of Airbus A318/A319/A320/A321 Fuel Airworthiness Limitations, Document 95A.1931/05, Issue 1, dated December 19, 2005; and Airbus A319/A319/A320/A321 ALS Part 5—Fuel Airworthiness Limitations, dated February 28, 2006; on August 28, 2007 (72 FR 40222, July 24, 2007). (3) For service information identified in this AD, contact Airbus, Airworthiness Office—EAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; e-mail: account.airworth-eas@airbus.com; Internet http://www.airbus.com. (4) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221 or 425–227–1152. (5) You may also review copies of the 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, call 202–741–6030, or go to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on November 16, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–28159 Filed 11–25–09; 8:45 am] BILLING CODE 4910–13–P 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 srobinson on DSKHWCL6B1PROD with RULES AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. 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: VerDate Nov<24>2008 16:26 Nov 25, 2009 Jkt 220001 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: james.lawrence@faa.gov; 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. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27NOR1.SGM 27NOR1 Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Rules and Regulations 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 onground 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. srobinson on DSKHWCL6B1PROD with RULES 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 VerDate Nov<24>2008 16:26 Nov 25, 2009 Jkt 220001 62223 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 inflight 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. not increase the economic burden on any operator or increase the scope of 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. Authority for This Rulemaking 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 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 workhours 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. 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; E:\FR\FM\27NOR1.SGM 27NOR1 62224 Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Rules and Regulations 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. 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. (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. DEPARTMENT OF TRANSPORTATION FAA AD Differences RIN 2120–AA64 (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. Airworthiness Directives; ScheibeFlugzeugbau GmbH Models BergfalkeIII, Bergfalke-II/55, SF 25C, and SF–26A Standard Gliders Other FAA AD Provisions List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Related Information Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: ■ PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 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. srobinson on DSKHWCL6B1PROD with RULES 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. VerDate Nov<24>2008 16:26 Nov 25, 2009 Jkt 220001 BILLING CODE 4910–13–P Actions and Compliance (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. Adoption of the Amendment 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] (h) Refer to MCAI Airworthiness Directive 2009–0142, dated July 13, 2009, and RollsRoyce plc Alert Service Bulletin No. RB.211– 79–AG257, Revision 1, dated September 14, 2009, for related information. Contact RollsRoyce 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: james.lawrence@faa.gov; 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. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0800 Directorate Identifier 2009–CE–041–AD; Amendment 39–16088; AD 2009–24–02] AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final Rule. 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: The manufacturer has advised of receiving a report of looseness of the drive arm of the mechanical elevator trim tab, found during an annual inspection. This kind of damage is likely caused by penetrated humidity over the years. If left uncorrected, this condition could lead to the separation of the drive arm which could result in flutter of the elevator and possible loss of control of the aircraft. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective January 4, 2010. On January 4, 2010, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at http:// www.regulations.gov or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA, E:\FR\FM\27NOR1.SGM 27NOR1

Agencies

[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Rules and Regulations]
[Pages 62222-62224]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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: 
james.lawrence@faa.gov; 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: 
james.lawrence@faa.gov; 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]
BILLING CODE 4910-13-P