Airworthiness Standards; Rotor Overspeed Requirements, 42020-42024 [2011-18002]
Download as PDF
42020
Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Rules and Regulations
respondents, and the correspondent
shall pass back to its respondents
interest paid on balances in the
correspondent’s account.
*
*
*
*
*
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 33
PART 217—PROHIBITION AGAINST
PAYMENT OF INTEREST ON DEMAND
DEPOSITS (REGULATION Q)—
[REMOVED AND RESERVED]
■
3. Part 217 is removed and reserved.
PART 230—TRUTH IN SAVINGS
(REGULATION DD)
[Docket No. FAA–2010–0398; Amendment
No. 33–31]
RIN 2120–AJ62
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce, including
minimum safety standards for aircraft
engines. This final rule is within the
scope of that authority because it
updates existing regulations for rotor
overspeed for aircraft turbine engines.
Background
Airworthiness Standards; Rotor
Overspeed Requirements
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
Part 33 of Title 14, Code of Federal
Regulations, prescribes airworthiness
standards for original and amended type
certificates for aircraft engines. The
European Aviation Safety Agency
(EASA) Certification Specification—
Engines (CS–E) prescribes
corresponding airworthiness standards
to certify aircraft engines in Europe.
While part 33 and the CS–E are similar,
they differ in several respects. These
differences may result in added costs,
delays, and time required for
certification. This rule will harmonize
applicable U.S. and EASA standards
and clarify existing overspeed
requirements for aircraft turbine engine
rotor parts.
5. Maturity of time accounts. Institutions
are not required to pay interest after time
accounts mature. Examples include:
This rule will amend the
aircraft turbine engine rotor overspeed
type certification standards. This action
establishes uniform rotor overspeed
design and test requirements for aircraft
engines and turbochargers certificated
by the FAA and the European Aviation
Safety Agency (EASA). The rule also
establishes uniform standards for the
design and testing of engine rotor parts
in the United States and in Europe,
eliminating the need to comply with
two differing sets of requirements.
DATES: This amendment becomes
effective September 16, 2011.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this final
rule, contact Tim Mouzakis, Engine and
Propeller Directorate Standards Staff,
ANE–111, Engine and Propeller
Directorate, Federal Aviation
Administration, 12 New England
Executive Park, Burlington,
Massachusetts 01803–5299; telephone
(781) 238–7114; fax (781) 238–7199; email timoleon.mouzakis@.faa.gov. For
legal questions concerning this final
rule contact Vincent Bennett, ANE–7,
Office of Regional Counsel, Federal
Aviation Administration, 12 New
England Executive Park, Burlington,
Massachusetts 01803–5299; telephone
(781) 238–7044; fax (781) 238–7055; email vincent.bennett@faa.gov.
SUPPLEMENTARY INFORMATION:
*
Authority for This Rulemaking
Summary of the Final Rule
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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, the FAA is charged with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
There are minor differences between
the proposal and this final rule. Sections
33.27(c) and (g) were changed in
response to comments and our review of
the proposal. This rule harmonizes rotor
overspeed requirements found in part
33 with EASA CS–E 840, Rotor
Integrity.
4. The authority citation for part 230
continues to read as follows:
■
Authority: 12 U.S.C. 4301 et seq.
Supplement I to Part 230—Official Staff
Interpretations
5. In Supplement I to Part 230:
A. Under Section 230.2—Definitions,
paragraph (n) Interest, is revised.
■ B. Under Section 230.7—Payment of
interest, subsection (a)(1) Permissible
methods, the introductory text of
paragraph (5) is revised.
The revisions read as follows:
■
■
Supplement I to Part 230—Official Staff
Interpretations
*
*
*
Section 230.2
*
*
*
*
*
Definitions.
*
*
(n) Interest
1. Relation to bonuses. Bonuses are not
interest for purposes of this regulation.
*
*
*
Section 230.7
*
*
Payment of interest.
(a)(1) Permissible methods
*
*
*
*
*
*
*
*
*
By order of the Board of Governors of the
Federal Reserve System, July 12, 2011.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2011–17886 Filed 7–15–11; 8:45 am]
mstockstill on DSK4VPTVN1PROD with RULES
BILLING CODE 6210–01–P
VerDate Mar<15>2010
15:32 Jul 15, 2011
Jkt 223001
SUMMARY:
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Summary of the NPRM
The FAA published a notice of
proposed rulemaking (NPRM) on April
26, 2010 (75 FR 21523). The proposed
changes establish a uniform certification
basis for aircraft turbine engine rotor
parts between the FAA and EASA. The
proposal discussed requiring that rotor
parts be designed with a safety margin
large enough that the parts have an
overspeed capability that exceeds the
engine’s certified operating conditions,
including overspeed conditions which
can occur in the event of a failure of
another engine component and/or
system malfunction. For failures that
may result in an overspeed, the proposal
limited rotor growth to that which
would not lead to a hazardous condition
as defined in § 33.75. The comment
period for the NPRM closed on July 26,
2010.
Summary of Comments
The FAA received comments from
Rolls-Royce, General Electric Aviation,
Turbomeca, Pratt and Whitney, and
General Aviation Manufacturers
Association (GAMA). The commenters
E:\FR\FM\18JYR1.SGM
18JYR1
Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Rules and Regulations
suggested minor improvements in the
following areas:
• Differences in the definition of
‘‘extremely remote’’ in § 33.27(c);
• Exclusions of shaft sections from
overspeed tests;
• Material properties of test rotors;
and
• Validation of analytical tools.
Discussion of the Final Rule
mstockstill on DSK4VPTVN1PROD with RULES
The final rule requires that rotor parts
be designed with a safety margin large
enough that the parts have an overspeed
capability exceeding the engine’s
certified operating conditions, including
overspeed conditions, which can occur
in the event of a failure of another
engine component and/or system
malfunction. For failures that may result
in an overspeed, the final rule limits
rotor growth to that which would not
lead to a hazardous condition as defined
by § 33.75.
To harmonize FAA and EASA
standards, the FAA will:
• Change the current FAA overspeed
design margin from 115 to 120 percent
of maximum permissible speed for all
engine ratings except one engine
inoperative (OEI) ratings of less than 21⁄2
minutes;
• Change the current FAA overspeed
design margin from 100 to 105 percent
for operating conditions associated with
multiple failures;
• Introduce similar OEI overspeed
design requirements;
• Require new similar rotor pass/fail
design criteria;
• Require similar overspeed margin
requirements;
• Allow the use of validated
structural analysis tools to demonstrate
compliance;
• Require that validated structural
analysis tools be calibrated to actual
overspeed tests of similar rotors; and
• Allow engine test durations of less
than 5 minutes for failure conditions for
which a 5-minute duration is not
realistic.
Like EASA’s CS–E, the final rule
specifies that rotors may not burst for
overspeed conditions that do not
involve component or system failure.
For component or engine failures that
result in an overspeed, the final rule
specifies that rotors may not burst and
limits the amount of rotor growth.
Differences in Definition of Probability
of Occurrence in § 33.27(c)
Section 33.27(c) proposed that
overspeeds resulting from combinations
of failures must also be considered
unless the applicant can show that the
probability of occurrence is not greater
than 10¥9 per flight. Rolls-Royce,
VerDate Mar<15>2010
15:32 Jul 15, 2011
Jkt 223001
General Electric, Turbomeca, Pratt and
Whitney, and GAMA commented that
the proposed criteria in § 33.27(c) is
inconsistent with § 33.75, CS–E 510,
and CS–E 840. The commenters also
took issue with the FAA’s criteria of
probability of occurrence as not greater
than 10¥9 and FAA’s use of the term
‘‘per flight.’’ They suggested that the
probability of occurrence should follow
the more flexible criteria of not greater
that ‘‘extremely remote,’’ which has
been defined in the previous
rulemakings as between 10¥7 to 10¥9.
Finally, the commenters indicated that
the term ‘‘per engine flight hour’’ should
be substituted for ‘‘per flight’’ to be
consistent with § 33.75 and CS–E 840.
We agree with the revised criteria
proposed by the commenters. The final
rule will reflect that overspeeds
resulting from combinations of failures
must also be considered, unless the
applicant can show that the probability
of occurrence is not greater than
extremely remote (probability range of
10¥7 to 10¥9 per engine flight hour).
Exclusion of Shaft Sections From
Overspeed Tests
Proposed § 33.27(f) allows exclusion
of certain shaft sections, but not the
whole shaft system, from the
requirement when determining the
terminal rotor speed due to shaft failure.
Rolls-Royce commented that § 33.27(c)
allows exclusion on a probability basis
only of overspeeds ‘‘resulting from
combinations of failures,’’ whereas CS–
E 840(c) allows the probability
exclusion for any cause if ‘‘it can be
shown to be Extremely Remote under
the provisions of CS–E 850.’’
Rolls-Royce requested that the lead
sentence of § 33.27(c) be changed to,
‘‘The highest overspeed which will
result from a complete loss of load on
a turbine rotor, unless it can be shown
to be Extremely Remote or except as
provided by paragraph (f) of this
section.* * *’’. The change proposed by
Rolls-Royce would allow exclusion of
the whole shaft system from
consideration of failure, which is not
the intent of the rule. Our changes to
overspeed requirements due to shaft
failures are consistent with those in CS–
E–840 and CS–E–850(b). We did not
change the rule due to this comment.
Material Properties of Test Rotors
Section 33.27(a)(1) proposed that test
rotors used to demonstrate compliance
with this section that do not have the
most adverse combination of material
properties and dimensional tolerances
must be tested at conditions which have
been adjusted to ensure the minimum
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
42021
specification rotor possesses the
required overspeed capability.
Rolls-Royce claimed that determining
the precise ‘‘most adverse combination’’
is not practical. Rolls-Royce noted that
Advisory Circular (AC) 33.27–1,
paragraph 7.g indicates that the
applicant should consider ‘‘the most
adverse combination of dimensional
tolerances and material properties,’’
which allows the use of engineering
judgment and best practices in lieu of an
exhaustive assessment of all possible
combinations and permutations. As a
result, Rolls-Royce requested that the
phrase ‘‘that do not have the most
adverse combination of material
properties and dimensional tolerances’’
be omitted from § 33.27(a)(1).
We disagree. We find that our
proposed wording of § 33.27(a)(1) is
consistent with EASA’s regulation CS–
E 840(a) and that the suggested change
would not meet the intent of the
proposed paragraph. Our intent in
§ 33.27(a)(1) is to ensure that the
minimum specifications rotor is capable
of meeting the test requirements of the
proposed rule. Industry has been
complying with this requirement, as
stated in EASA regulations, for several
years. The change proposed by RollsRoyce would, therefore, diverge from
EASA’s rule and could increase cost to
manufacturers. We did not change the
final rule due to this comment.
Validation of Analytical Tools
We proposed in § 33.27(g) that if
analysis is used to meet the overspeed
requirements, then the analytical tool
must be calibrated to prior overspeed
test results of a similar rotor. The tool
must be calibrated for the same material,
rotor geometry, stress level, and
temperature range as the rotor being
certified. Calibration includes the ability
to accurately predict rotor dimensional
growth and burst speed. The predictions
must also show that the rotor being
certified does not have lower burst and
growth margins than rotors used to
calibrate the tool.
Rolls-Royce commented that the
requirements for validation of analytical
tools eligible for use in showing
compliance in lieu of testing are overly
restrictive. Rolls-Royce said the
language of § 33.27(g) appears to
invalidate any potential for the
applicant to propose analysis methods
to the Administrator for acceptance per
AC 33.27–1, paragraphs 7.b and 7.c.
Rolls-Royce noted that it seems unlikely
that an applicant will have a tool
calibrated for the same conditions and
the same rotor as that being certified;
such a certification appears redundant.
Rolls-Royce requested that § 33.27(g) be
E:\FR\FM\18JYR1.SGM
18JYR1
42022
Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Rules and Regulations
modified to read: ‘‘If analysis is used to
meet the overspeed requirements, then
the analytical tool must be calibrated to
prior overspeed test results of a similar
rotor.’’
We agree that the language of
proposed 33.27(g) appears overly
restrictive. We changed the language to
read the analytical tool must be
‘‘validated’’ instead of ‘‘calibrated’’ for
each material. The analytical model
must be validated using rotors which
‘‘surround’’ the rotor being certified in
terms of ‘‘shape, stresses and
temperature.’’ The final rule now reads:
‘‘If analysis is used to meet the
overspeed requirements, then the
analytical tool must be validated to
prior overspeed test results of a similar
rotor. The tool must be validated for
each material. The rotor being certified
must not exceed the boundaries of the
rotors being used to validate the
analytical tool in terms of geometric
shape, operating stress, and
temperature.’’ This changed wording is
also consistent with EASA advisory
material AMC E 840.
Recommended Practices corresponding
to these proposed regulations exist.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
FAA consider the impact of paperwork
and other information collection
burdens imposed on the public. We
have determined there is no new
requirement for information collection
associated with this final rule.
Regulatory Evaluation, Regulatory
Flexibility Determination, International
Trade Impact Assessment, and
Unfunded Mandates Assessment
Proposed changes to Federal
regulations must undergo several
economic analyses. First, Executive
Order 12866 and Executive Order 13563
direct that each Federal agency propose
or adopt a regulation only upon a
reasoned determination that the benefits
of the intended regulation justify its
costs. Second, the Regulatory Flexibility
Act of 1980 (Pub. L. 96–354) requires
agencies to analyze the economic
impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Pub. L. 96–39) prohibits agencies
from setting standards that create
unnecessary obstacles to the foreign
commerce of the United States. In
developing U.S. standards, this Trade
Act requires agencies to consider
international standards and, where
appropriate, that they be the basis of
U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995
(Pub. L. 104–4) requires agencies to
prepare a written assessment of the
costs, benefits, and other effects of
proposed or final rules that include a
Federal mandate likely to result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by
private sector, of $100 million or more
annually (adjusted for inflation with
base year of 1995). This portion of the
preamble contains the FAA’s analysis of
the economic impacts of this final rule.
In conducting these analyses, the FAA
has determined that this rule: (1) Has
benefits that justify its costs; (2) is not
an economically ‘‘significant regulatory
action’’ as defined in section 3(f) of
Executive Order 12866; (3) is not
‘‘significant’’ as defined in DOT’s
Regulatory Policies and Procedures; (4)
will not have a significant economic
impact on a substantial number of small
entities; (5) will not create unnecessary
obstacles to the foreign commerce of the
United States; and (6) will not impose
an unfunded mandate on state, local, or
tribal governments, or on the private
sector by exceeding the threshold
identified above.
International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
comply with International Civil
Aviation Organization (ICAO) Standards
and Recommended Practices, to the
maximum extent practicable. We
determined that no ICAO Standards or
Total Estimated Benefits and Costs of
This Proposed Rule
Presently, turbine aircraft engine
manufacturers must satisfy both FAA
part 33 and EASA CS–E regulations to
certify their products in the United
States and Europe. Certification to one
standard will improve certification
efficiency by eliminating duplicate
Definition of Terms Used in the Final
Rule
The following definitions of terms
used in the final rule are provided for
clarity:
Maximum permissible rotor speed.
The maximum approved rotor speed,
including transients, for the maximum
approved rating, including One-EngineInoperative (OEI) ratings.
Overspeed Capability. The r.p.m.
(revolutions per minute) at which the
part fails or bursts.
Rotor Growth. The total increase in a
rotor part’s radial dimensions caused by
an overspeed condition. Total growth
includes both the recoverable (elastic)
and the permanent (plastic) change in
rotor dimensions.
mstockstill on DSK4VPTVN1PROD with RULES
Rulemaking Analyses and Notices
VerDate Mar<15>2010
15:32 Jul 15, 2011
Jkt 223001
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
testing and documentation. We have not
attempted to quantify the cost savings
that may accrue due to this improved
certification efficiency beyond noting
that these are expected to be minor. We
have drawn that conclusion based on
the consensus among potentially
affected aircraft engine manufacturers.
Industry must currently certificate to
the two standards that are substantively
similar, but have a few slightly different
testing and documentation procedures
and requirements. The rule harmonizes
these procedures and requirements to
the higher standard and, thereby, may
increase safety. In addition, by reducing
the amount of duplicative testing that
would need to be either witnessed or
analyzed by the FAA, the FAA is better
able to prioritize its resources to other,
more safety critical areas. Consequently,
we determined that unquantifiable
future minimal benefits from the rule
may also accrue. We disagreed with a
comment determining the precise ‘‘most
adverse combination’’ of material
properties and dimensional tolerances
to establish the required overspeed
capability. However, as noted in our
response, the commenter’s suggestion
would result in a rule that is not
consistent with the EASA regulations
and the suggestion might increase costs
to manufacturers. As a result, the FAA
concludes that the combination of cost
savings and potential increased safety
benefits will make this rule cost
beneficial. Further, we therefore
determined that this rule is not a
‘‘significant regulatory action’’ as
defined in section 3(f) of Executive
Order 12866, and is not ‘‘significant’’ as
defined in DOT’s Regulatory Policies
and Procedures.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that
agencies shall endeavor, consistent with
the objectives of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
regulation. To achieve this principle,
agencies are required to solicit and
consider flexible regulatory proposals
and to explain the rationale for their
actions to assure that such proposals are
given serious consideration.’’ The RFA
covers a wide-range of small entities,
including small businesses, not-forprofit organizations, and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
E:\FR\FM\18JYR1.SGM
18JYR1
Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA.
However, if an agency determines that
a rule is not expected to have a
significant economic impact on a
substantial number of small entities,
section 605(b) of the RFA provides that
the head of the agency may so certify
and a regulatory flexibility analysis is
not required. The certification must
include a statement providing the
factual basis for this determination, and
the reasoning should be clear.
The net effect of this rule is to provide
regulatory cost relief. Further, all but
one U.S. aircraft turbine engine
manufacturer exceeds the Small
Business Administration small-entity
criteria for aircraft engine manufacturers
of 1,500 employees. U.S. transport
category aircraft engine manufacturers
include: General Electric (GE); CFM
International (a joint company of GE
and Snecma); Pratt & Whitney (P&W);
Honeywell; Rolls-Royce Corporation
(formerly Allison Engines); International
Aero Engines (a privately-held
consortium that includes P&W, RollsRoyce, Japanese Aero Engines
Corporation, and MTU Aero Engines);
and Williams International. Williams
International is the only one of these
manufacturers that is categorized as a
U.S. small business by the SBA criteria.
As this final rule reduces costs and
there is only one small entity
manufacturing part 33 aircraft engines,
therefore, as FAA Administrator, I
certify this rule will not have a
significant economic impact on a
substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act
(Pub. L. 103–465), prohibits Federal
agencies from establishing standards or
engaging in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such as
protection of safety, and does not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards. We assessed the
potential effect of this rule and
determined that it uses European
standards as the basis for regulation,
VerDate Mar<15>2010
15:32 Jul 15, 2011
Jkt 223001
and thus is consistent with the Trade
Assessments Act.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more (in
1995 dollars) in any one year by State,
local, and tribal governments, in the
aggregate, or by the private sector; such
a mandate is deemed to be a ‘‘significant
regulatory action.’’ The FAA currently
uses an inflation-adjusted value of
$140.8 million in lieu of $100 million.
This final rule does not contain such a
mandate, therefore, the requirements of
Title II of the Act do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule
under the principles and criteria of
Executive Order 13132, Federalism. We
determined that this action 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, and therefore does
not have federalism implications.
Environmental Analysis
FAA Order 1050.1E defines FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act (NEPA) in the
absence of extraordinary circumstances.
We determined this rulemaking action
qualifies for the categorical exclusion
identified in Chapter 3, paragraph 312d,
and involves no extraordinary
circumstances.
Regulations That Significantly Affect
Energy Supply, Distribution, or Use
The FAA has analyzed this final rule
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We
determined that it is not a ‘‘significant
energy action’’ under the executive
order and is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy.
42023
2. Visiting the FAA’s Regulations and
Policies web page at https://
www.faa.gov/regulations_policies/; or
3. Accessing the Government Printing
Office’s web page at https://
www.gpoaccess.gov/fr/.
You can also get a copy by sending a
request to the Federal Aviation
Administration, Office of Rulemaking,
ARM–1, 800 Independence Avenue,
SW, Washington, DC 20591, or by
calling (202) 267–9680. Make sure to
identify the notice, amendment, or
docket number of this rulemaking.
Anyone may search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review DOT’s
complete Privacy Act statement in the
Federal Register published on April 11,
2000 (Volume 65, Number 70; Pages
19477–78) or you may visit https://
DocketsInfo.dot.gov.
Small Business Regulatory Enforcement
Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction. If
you are a small entity and you have a
question regarding this document, you
may contact your local FAA official, or
the person listed under the FOR FURTHER
INFORMATION CONTACT heading at the
beginning of the preamble. You can find
out more about SBREFA on the Internet
at https://www.faa.gov/
regulations_policies/rulemaking/
sbre_act/.
List of Subjects in 14 CFR Part 33
Air transportation, Aircraft, Aviation
safety, Safety.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends Chapter I of Title 14, Code of
Federal Regulations as follows:
PART 33—AIRWORTHINESS
STANDARDS: AIRCRAFT ENGINES
1. The authority citation for part 33
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44704.
Availability of Rulemaking Documents
■
You can get an electronic copy using
the Internet by—
1. Searching the Federal eRulemaking
Portal (https://www.regulations.gov);
§ 33.27 Turbine, compressor, fan, and
turbosupercharger rotor overspeed.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
2. Revise § 33.27 to read as follows:
(a) For each fan, compressor, turbine,
and turbosupercharger rotor, the
E:\FR\FM\18JYR1.SGM
18JYR1
mstockstill on DSK4VPTVN1PROD with RULES
42024
Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Rules and Regulations
applicant must establish by test,
analysis, or a combination of both, that
each rotor will not burst when operated
in the engine for 5 minutes at whichever
of the conditions defined in paragraph
(b) of this section is the most critical
with respect to the integrity of such a
rotor.
(1) Test rotors used to demonstrate
compliance with this section that do not
have the most adverse combination of
material properties and dimensional
tolerances must be tested at conditions
which have been adjusted to ensure the
minimum specification rotor possesses
the required overspeed capability. This
can be accomplished by increasing test
speed, temperature, and/or loads.
(2) When an engine test is being used
to demonstrate compliance with the
overspeed conditions listed in
paragraph (b)(3) or (b)(4) of this section
and the failure of a component or
system is sudden and transient, it may
not be possible to operate the engine for
5 minutes after the failure. Under these
circumstances, the actual overspeed
duration is acceptable if the required
maximum overspeed is achieved.
(b) When determining the maximum
overspeed condition applicable to each
rotor in order to comply with
paragraphs (a) and (c) of this section, the
applicant must evaluate the following
rotor speeds taking into consideration
the part’s operating temperatures and
temperature gradients throughout the
engine’s operating envelope:
(1) 120 percent of the maximum
permissible rotor speed associated with
any of the engine ratings except oneengine-inoperative (OEI) ratings of less
than 21⁄2 minutes.
(2) 115 percent of the maximum
permissible rotor speed associated with
any OEI ratings of less than 21⁄2 minutes.
(3) 105 percent of the highest rotor
speed that would result from either:
(i) The failure of the component or
system which, in a representative
installation of the engine, is the most
critical with respect to overspeed when
operating at any rating condition except
OEI ratings of less than 21⁄2 minutes, or
(ii) The failure of any component or
system in a representative installation of
the engine, in combination with any
other failure of a component or system
that would not normally be detected
during a routine pre-flight check or
during normal flight operation, that is
the most critical with respect to
overspeed, except as provided by
paragraph (c) of this section, when
operating at any rating condition except
OEI ratings of less than 21⁄2 minutes.
(4) 100 percent of the highest rotor
speed that would result from the failure
of the component or system which, in
VerDate Mar<15>2010
15:32 Jul 15, 2011
Jkt 223001
a representative installation of the
engine, is the most critical with respect
to overspeed when operating at any OEI
rating of less than 21⁄2 minutes.
(c) The highest overspeed that results
from a complete loss of load on a
turbine rotor, except as provided by
paragraph (f) of this section, must be
included in the overspeed conditions
considered by paragraphs (b)(3)(i),
(b)(3)(ii), and (b)(4) of this section,
regardless of whether that overspeed
results from a failure within the engine
or external to the engine. The overspeed
resulting from any other single failure
must be considered when selecting the
most limiting overspeed conditions
applicable to each rotor. Overspeeds
resulting from combinations of failures
must also be considered unless the
applicant can show that the probability
of occurrence is not greater than
extremely remote (probability range of
10¥7 to 10¥9 per engine flight hour).
(d) In addition, the applicant must
demonstrate that each fan, compressor,
turbine, and turbosupercharger rotor
complies with paragraphs (d)(1) and
(d)(2) of this section for the maximum
overspeed achieved when subjected to
the conditions specified in paragraphs
(b)(3) and (b)(4) of this section. The
applicant must use the approach in
paragraph (a) of this section which
specifies the required test conditions.
(1) Rotor Growth must not cause the
engine to:
(i) Catch fire,
(ii) Release high-energy debris
through the engine casing or result in a
hazardous failure of the engine casing,
(iii) Generate loads greater than those
ultimate loads specified in § 33.23(a), or
(iv) Lose the capability of being shut
down.
(2) Following an overspeed event and
after continued operation, the rotor may
not exhibit conditions such as cracking
or distortion which preclude continued
safe operation.
(e) The design and functioning of
engine control systems, instruments,
and other methods not covered under
§ 33.28 must ensure that the engine
operating limitations that affect turbine,
compressor, fan, and turbosupercharger
rotor structural integrity will not be
exceeded in service.
(f) Failure of a shaft section may be
excluded from consideration in
determining the highest overspeed that
would result from a complete loss of
load on a turbine rotor if the applicant:
(1) Identifies the shaft as an engine
life-limited-part and complies with
§ 33.70.
(2) Uses material and design features
that are well understood and that can be
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
analyzed by well-established and
validated stress analysis techniques.
(3) Determines, based on an
assessment of the environment
surrounding the shaft section, that
environmental influences are unlikely
to cause a shaft failure. This assessment
must include complexity of design,
corrosion, wear, vibration, fire, contact
with adjacent components or structure,
overheating, and secondary effects from
other failures or combination of failures.
(4) Identifies and declares, in
accordance with § 33.5, any
assumptions regarding the engine
installation in making the assessment
described above in paragraph (f)(3) of
this section.
(5) Assesses, and considers as
appropriate, experience with shaft
sections of similar design.
(6) Does not exclude the entire shaft.
(g) If analysis is used to meet the
overspeed requirements, then the
analytical tool must be validated to
prior overspeed test results of a similar
rotor. The tool must be validated for
each material. The rotor being certified
must not exceed the boundaries of the
rotors being used to validate the
analytical tool in terms of geometric
shape, operating stress, and
temperature. Validation includes the
ability to accurately predict rotor
dimensional growth and the burst
speed. The predictions must also show
that the rotor being certified does not
have lower burst and growth margins
than rotors used to validate the tool.
Issued in Washington, DC, on June 30,
2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011–18002 Filed 7–15–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0257; Directorate
Identifier 2010–NM–122–AD; Amendment
39–16741; AD 2011–14–06]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A318, A319, A320, and A321 Series
Airplanes
Department of Transportation
(DOT), Federal Aviation Administration
(FAA).
ACTION: Final rule.
AGENCY:
We are superseding an
existing airworthiness directive (AD)
SUMMARY:
E:\FR\FM\18JYR1.SGM
18JYR1
Agencies
[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Rules and Regulations]
[Pages 42020-42024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18002]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 33
[Docket No. FAA-2010-0398; Amendment No. 33-31]
RIN 2120-AJ62
Airworthiness Standards; Rotor Overspeed Requirements
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule will amend the aircraft turbine engine rotor
overspeed type certification standards. This action establishes uniform
rotor overspeed design and test requirements for aircraft engines and
turbochargers certificated by the FAA and the European Aviation Safety
Agency (EASA). The rule also establishes uniform standards for the
design and testing of engine rotor parts in the United States and in
Europe, eliminating the need to comply with two differing sets of
requirements.
DATES: This amendment becomes effective September 16, 2011.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this final rule, contact Tim Mouzakis, Engine and Propeller Directorate
Standards Staff, ANE-111, Engine and Propeller Directorate, Federal
Aviation Administration, 12 New England Executive Park, Burlington,
Massachusetts 01803-5299; telephone (781) 238-7114; fax (781) 238-7199;
e-mail timoleon.mouzakis@.faa.gov. For legal questions concerning this
final rule contact Vincent Bennett, ANE-7, Office of Regional Counsel,
Federal Aviation Administration, 12 New England Executive Park,
Burlington, Massachusetts 01803-5299; telephone (781) 238-7044; fax
(781) 238-7055; e-mail vincent.bennett@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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, the FAA is charged 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, including minimum safety
standards for aircraft engines. This final rule is within the scope of
that authority because it updates existing regulations for rotor
overspeed for aircraft turbine engines.
Background
Part 33 of Title 14, Code of Federal Regulations, prescribes
airworthiness standards for original and amended type certificates for
aircraft engines. The European Aviation Safety Agency (EASA)
Certification Specification--Engines (CS-E) prescribes corresponding
airworthiness standards to certify aircraft engines in Europe. While
part 33 and the CS-E are similar, they differ in several respects.
These differences may result in added costs, delays, and time required
for certification. This rule will harmonize applicable U.S. and EASA
standards and clarify existing overspeed requirements for aircraft
turbine engine rotor parts.
Summary of the NPRM
The FAA published a notice of proposed rulemaking (NPRM) on April
26, 2010 (75 FR 21523). The proposed changes establish a uniform
certification basis for aircraft turbine engine rotor parts between the
FAA and EASA. The proposal discussed requiring that rotor parts be
designed with a safety margin large enough that the parts have an
overspeed capability that exceeds the engine's certified operating
conditions, including overspeed conditions which can occur in the event
of a failure of another engine component and/or system malfunction. For
failures that may result in an overspeed, the proposal limited rotor
growth to that which would not lead to a hazardous condition as defined
in Sec. 33.75. The comment period for the NPRM closed on July 26,
2010.
Summary of the Final Rule
There are minor differences between the proposal and this final
rule. Sections 33.27(c) and (g) were changed in response to comments
and our review of the proposal. This rule harmonizes rotor overspeed
requirements found in part 33 with EASA CS-E 840, Rotor Integrity.
Summary of Comments
The FAA received comments from Rolls-Royce, General Electric
Aviation, Turbomeca, Pratt and Whitney, and General Aviation
Manufacturers Association (GAMA). The commenters
[[Page 42021]]
suggested minor improvements in the following areas:
Differences in the definition of ``extremely remote'' in
Sec. 33.27(c);
Exclusions of shaft sections from overspeed tests;
Material properties of test rotors; and
Validation of analytical tools.
Discussion of the Final Rule
The final rule requires that rotor parts be designed with a safety
margin large enough that the parts have an overspeed capability
exceeding the engine's certified operating conditions, including
overspeed conditions, which can occur in the event of a failure of
another engine component and/or system malfunction. For failures that
may result in an overspeed, the final rule limits rotor growth to that
which would not lead to a hazardous condition as defined by Sec.
33.75.
To harmonize FAA and EASA standards, the FAA will:
Change the current FAA overspeed design margin from 115 to
120 percent of maximum permissible speed for all engine ratings except
one engine inoperative (OEI) ratings of less than 2\1/2\ minutes;
Change the current FAA overspeed design margin from 100 to
105 percent for operating conditions associated with multiple failures;
Introduce similar OEI overspeed design requirements;
Require new similar rotor pass/fail design criteria;
Require similar overspeed margin requirements;
Allow the use of validated structural analysis tools to
demonstrate compliance;
Require that validated structural analysis tools be
calibrated to actual overspeed tests of similar rotors; and
Allow engine test durations of less than 5 minutes for
failure conditions for which a 5-minute duration is not realistic.
Like EASA's CS-E, the final rule specifies that rotors may not
burst for overspeed conditions that do not involve component or system
failure. For component or engine failures that result in an overspeed,
the final rule specifies that rotors may not burst and limits the
amount of rotor growth.
Differences in Definition of Probability of Occurrence in Sec.
33.27(c)
Section 33.27(c) proposed that overspeeds resulting from
combinations of failures must also be considered unless the applicant
can show that the probability of occurrence is not greater than
10-9 per flight. Rolls-Royce, General Electric, Turbomeca,
Pratt and Whitney, and GAMA commented that the proposed criteria in
Sec. 33.27(c) is inconsistent with Sec. 33.75, CS-E 510, and CS-E
840. The commenters also took issue with the FAA's criteria of
probability of occurrence as not greater than 10-9 and FAA's
use of the term ``per flight.'' They suggested that the probability of
occurrence should follow the more flexible criteria of not greater that
``extremely remote,'' which has been defined in the previous
rulemakings as between 10-7 to 10-9. Finally, the
commenters indicated that the term ``per engine flight hour'' should be
substituted for ``per flight'' to be consistent with Sec. 33.75 and
CS-E 840.
We agree with the revised criteria proposed by the commenters. The
final rule will reflect that overspeeds resulting from combinations of
failures must also be considered, unless the applicant can show that
the probability of occurrence is not greater than extremely remote
(probability range of 10-7 to 10-9 per engine
flight hour).
Exclusion of Shaft Sections From Overspeed Tests
Proposed Sec. 33.27(f) allows exclusion of certain shaft sections,
but not the whole shaft system, from the requirement when determining
the terminal rotor speed due to shaft failure. Rolls-Royce commented
that Sec. 33.27(c) allows exclusion on a probability basis only of
overspeeds ``resulting from combinations of failures,'' whereas CS-E
840(c) allows the probability exclusion for any cause if ``it can be
shown to be Extremely Remote under the provisions of CS-E 850.''
Rolls-Royce requested that the lead sentence of Sec. 33.27(c) be
changed to, ``The highest overspeed which will result from a complete
loss of load on a turbine rotor, unless it can be shown to be Extremely
Remote or except as provided by paragraph (f) of this section.* * *''.
The change proposed by Rolls-Royce would allow exclusion of the whole
shaft system from consideration of failure, which is not the intent of
the rule. Our changes to overspeed requirements due to shaft failures
are consistent with those in CS-E-840 and CS-E-850(b). We did not
change the rule due to this comment.
Material Properties of Test Rotors
Section 33.27(a)(1) proposed that test rotors used to demonstrate
compliance with this section that do not have the most adverse
combination of material properties and dimensional tolerances must be
tested at conditions which have been adjusted to ensure the minimum
specification rotor possesses the required overspeed capability.
Rolls-Royce claimed that determining the precise ``most adverse
combination'' is not practical. Rolls-Royce noted that Advisory
Circular (AC) 33.27-1, paragraph 7.g indicates that the applicant
should consider ``the most adverse combination of dimensional
tolerances and material properties,'' which allows the use of
engineering judgment and best practices in lieu of an exhaustive
assessment of all possible combinations and permutations. As a result,
Rolls-Royce requested that the phrase ``that do not have the most
adverse combination of material properties and dimensional tolerances''
be omitted from Sec. 33.27(a)(1).
We disagree. We find that our proposed wording of Sec. 33.27(a)(1)
is consistent with EASA's regulation CS-E 840(a) and that the suggested
change would not meet the intent of the proposed paragraph. Our intent
in Sec. 33.27(a)(1) is to ensure that the minimum specifications rotor
is capable of meeting the test requirements of the proposed rule.
Industry has been complying with this requirement, as stated in EASA
regulations, for several years. The change proposed by Rolls-Royce
would, therefore, diverge from EASA's rule and could increase cost to
manufacturers. We did not change the final rule due to this comment.
Validation of Analytical Tools
We proposed in Sec. 33.27(g) that if analysis is used to meet the
overspeed requirements, then the analytical tool must be calibrated to
prior overspeed test results of a similar rotor. The tool must be
calibrated for the same material, rotor geometry, stress level, and
temperature range as the rotor being certified. Calibration includes
the ability to accurately predict rotor dimensional growth and burst
speed. The predictions must also show that the rotor being certified
does not have lower burst and growth margins than rotors used to
calibrate the tool.
Rolls-Royce commented that the requirements for validation of
analytical tools eligible for use in showing compliance in lieu of
testing are overly restrictive. Rolls-Royce said the language of Sec.
33.27(g) appears to invalidate any potential for the applicant to
propose analysis methods to the Administrator for acceptance per AC
33.27-1, paragraphs 7.b and 7.c. Rolls-Royce noted that it seems
unlikely that an applicant will have a tool calibrated for the same
conditions and the same rotor as that being certified; such a
certification appears redundant. Rolls-Royce requested that Sec.
33.27(g) be
[[Page 42022]]
modified to read: ``If analysis is used to meet the overspeed
requirements, then the analytical tool must be calibrated to prior
overspeed test results of a similar rotor.''
We agree that the language of proposed 33.27(g) appears overly
restrictive. We changed the language to read the analytical tool must
be ``validated'' instead of ``calibrated'' for each material. The
analytical model must be validated using rotors which ``surround'' the
rotor being certified in terms of ``shape, stresses and temperature.''
The final rule now reads: ``If analysis is used to meet the overspeed
requirements, then the analytical tool must be validated to prior
overspeed test results of a similar rotor. The tool must be validated
for each material. The rotor being certified must not exceed the
boundaries of the rotors being used to validate the analytical tool in
terms of geometric shape, operating stress, and temperature.'' This
changed wording is also consistent with EASA advisory material AMC E
840.
Definition of Terms Used in the Final Rule
The following definitions of terms used in the final rule are
provided for clarity:
Maximum permissible rotor speed. The maximum approved rotor speed,
including transients, for the maximum approved rating, including One-
Engine-Inoperative (OEI) ratings.
Overspeed Capability. The r.p.m. (revolutions per minute) at which
the part fails or bursts.
Rotor Growth. The total increase in a rotor part's radial
dimensions caused by an overspeed condition. Total growth includes both
the recoverable (elastic) and the permanent (plastic) change in rotor
dimensions.
Rulemaking Analyses and Notices
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined there is
no new requirement for information collection associated with this
final rule.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices, to the maximum extent practicable. We determined
that no ICAO Standards or Recommended Practices corresponding to these
proposed regulations exist.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 and Executive Order
13563 direct that each Federal agency propose or adopt a regulation
only upon a reasoned determination that the benefits of the intended
regulation justify its costs. Second, the Regulatory Flexibility Act of
1980 (Pub. L. 96-354) requires agencies to analyze the economic impact
of regulatory changes on small entities. Third, the Trade Agreements
Act (Pub. L. 96-39) prohibits agencies from setting standards that
create unnecessary obstacles to the foreign commerce of the United
States. In developing U.S. standards, this Trade Act requires agencies
to consider international standards and, where appropriate, that they
be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written
assessment of the costs, benefits, and other effects of proposed or
final rules that include a Federal mandate likely to result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by private sector, of $100 million or more annually (adjusted for
inflation with base year of 1995). This portion of the preamble
contains the FAA's analysis of the economic impacts of this final rule.
In conducting these analyses, the FAA has determined that this
rule: (1) Has benefits that justify its costs; (2) is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866; (3) is not ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) will not have a
significant economic impact on a substantial number of small entities;
(5) will not create unnecessary obstacles to the foreign commerce of
the United States; and (6) will not impose an unfunded mandate on
state, local, or tribal governments, or on the private sector by
exceeding the threshold identified above.
Total Estimated Benefits and Costs of This Proposed Rule
Presently, turbine aircraft engine manufacturers must satisfy both
FAA part 33 and EASA CS-E regulations to certify their products in the
United States and Europe. Certification to one standard will improve
certification efficiency by eliminating duplicate testing and
documentation. We have not attempted to quantify the cost savings that
may accrue due to this improved certification efficiency beyond noting
that these are expected to be minor. We have drawn that conclusion
based on the consensus among potentially affected aircraft engine
manufacturers.
Industry must currently certificate to the two standards that are
substantively similar, but have a few slightly different testing and
documentation procedures and requirements. The rule harmonizes these
procedures and requirements to the higher standard and, thereby, may
increase safety. In addition, by reducing the amount of duplicative
testing that would need to be either witnessed or analyzed by the FAA,
the FAA is better able to prioritize its resources to other, more
safety critical areas. Consequently, we determined that unquantifiable
future minimal benefits from the rule may also accrue. We disagreed
with a comment determining the precise ``most adverse combination'' of
material properties and dimensional tolerances to establish the
required overspeed capability. However, as noted in our response, the
commenter's suggestion would result in a rule that is not consistent
with the EASA regulations and the suggestion might increase costs to
manufacturers. As a result, the FAA concludes that the combination of
cost savings and potential increased safety benefits will make this
rule cost beneficial. Further, we therefore determined that this rule
is not a ``significant regulatory action'' as defined in section 3(f)
of Executive Order 12866, and is not ``significant'' as defined in
DOT's Regulatory Policies and Procedures.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If
[[Page 42023]]
the agency determines that it will, the agency must prepare a
regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
The net effect of this rule is to provide regulatory cost relief.
Further, all but one U.S. aircraft turbine engine manufacturer exceeds
the Small Business Administration small-entity criteria for aircraft
engine manufacturers of 1,500 employees. U.S. transport category
aircraft engine manufacturers include: General Electric (GE); CFM
International (a joint company of GE and Snecma); Pratt & Whitney
(P&W); Honeywell; Rolls-Royce Corporation (formerly Allison Engines);
International Aero Engines (a privately-held consortium that includes
P&W, Rolls-Royce, Japanese Aero Engines Corporation, and MTU Aero
Engines); and Williams International. Williams International is the
only one of these manufacturers that is categorized as a U.S. small
business by the SBA criteria. As this final rule reduces costs and
there is only one small entity manufacturing part 33 aircraft engines,
therefore, as FAA Administrator, I certify this rule will not have a
significant economic impact on a substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. We assessed the
potential effect of this rule and determined that it uses European
standards as the basis for regulation, and thus is consistent with the
Trade Assessments Act.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $140.8 million in lieu of $100
million. This final rule does not contain such a mandate, therefore,
the requirements of Title II of the Act do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action 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, and therefore does not have federalism implications.
Environmental Analysis
FAA Order 1050.1E defines FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act (NEPA) in the absence of extraordinary circumstances. We determined
this rulemaking action qualifies for the categorical exclusion
identified in Chapter 3, paragraph 312d, and involves no extraordinary
circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We determined that it is not a
``significant energy action'' under the executive order and is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by--
1. Searching the Federal eRulemaking Portal (https://www.regulations.gov);
2. Visiting the FAA's Regulations and Policies web page at https://www.faa.gov/regulations_policies/; or
3. Accessing the Government Printing Office's web page at https://www.gpoaccess.gov/fr/.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW, Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the notice, amendment, or docket number of this
rulemaking.
Anyone may search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
statement in the Federal Register published on April 11, 2000 (Volume
65, Number 70; Pages 19477-78) or you may visit https://DocketsInfo.dot.gov.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. If you are a small entity and you have a
question regarding this document, you may contact your local FAA
official, or the person listed under the FOR FURTHER INFORMATION
CONTACT heading at the beginning of the preamble. You can find out more
about SBREFA on the Internet at https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects in 14 CFR Part 33
Air transportation, Aircraft, Aviation safety, Safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends Chapter I of Title 14, Code of Federal
Regulations as follows:
PART 33--AIRWORTHINESS STANDARDS: AIRCRAFT ENGINES
0
1. The authority citation for part 33 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.
0
2. Revise Sec. 33.27 to read as follows:
Sec. 33.27 Turbine, compressor, fan, and turbosupercharger rotor
overspeed.
(a) For each fan, compressor, turbine, and turbosupercharger rotor,
the
[[Page 42024]]
applicant must establish by test, analysis, or a combination of both,
that each rotor will not burst when operated in the engine for 5
minutes at whichever of the conditions defined in paragraph (b) of this
section is the most critical with respect to the integrity of such a
rotor.
(1) Test rotors used to demonstrate compliance with this section
that do not have the most adverse combination of material properties
and dimensional tolerances must be tested at conditions which have been
adjusted to ensure the minimum specification rotor possesses the
required overspeed capability. This can be accomplished by increasing
test speed, temperature, and/or loads.
(2) When an engine test is being used to demonstrate compliance
with the overspeed conditions listed in paragraph (b)(3) or (b)(4) of
this section and the failure of a component or system is sudden and
transient, it may not be possible to operate the engine for 5 minutes
after the failure. Under these circumstances, the actual overspeed
duration is acceptable if the required maximum overspeed is achieved.
(b) When determining the maximum overspeed condition applicable to
each rotor in order to comply with paragraphs (a) and (c) of this
section, the applicant must evaluate the following rotor speeds taking
into consideration the part's operating temperatures and temperature
gradients throughout the engine's operating envelope:
(1) 120 percent of the maximum permissible rotor speed associated
with any of the engine ratings except one-engine-inoperative (OEI)
ratings of less than 2\1/2\ minutes.
(2) 115 percent of the maximum permissible rotor speed associated
with any OEI ratings of less than 2\1/2\ minutes.
(3) 105 percent of the highest rotor speed that would result from
either:
(i) The failure of the component or system which, in a
representative installation of the engine, is the most critical with
respect to overspeed when operating at any rating condition except OEI
ratings of less than 2\1/2\ minutes, or
(ii) The failure of any component or system in a representative
installation of the engine, in combination with any other failure of a
component or system that would not normally be detected during a
routine pre-flight check or during normal flight operation, that is the
most critical with respect to overspeed, except as provided by
paragraph (c) of this section, when operating at any rating condition
except OEI ratings of less than 2\1/2\ minutes.
(4) 100 percent of the highest rotor speed that would result from
the failure of the component or system which, in a representative
installation of the engine, is the most critical with respect to
overspeed when operating at any OEI rating of less than 2\1/2\ minutes.
(c) The highest overspeed that results from a complete loss of load
on a turbine rotor, except as provided by paragraph (f) of this
section, must be included in the overspeed conditions considered by
paragraphs (b)(3)(i), (b)(3)(ii), and (b)(4) of this section,
regardless of whether that overspeed results from a failure within the
engine or external to the engine. The overspeed resulting from any
other single failure must be considered when selecting the most
limiting overspeed conditions applicable to each rotor. Overspeeds
resulting from combinations of failures must also be considered unless
the applicant can show that the probability of occurrence is not
greater than extremely remote (probability range of 10-7 to
10-9 per engine flight hour).
(d) In addition, the applicant must demonstrate that each fan,
compressor, turbine, and turbosupercharger rotor complies with
paragraphs (d)(1) and (d)(2) of this section for the maximum overspeed
achieved when subjected to the conditions specified in paragraphs
(b)(3) and (b)(4) of this section. The applicant must use the approach
in paragraph (a) of this section which specifies the required test
conditions.
(1) Rotor Growth must not cause the engine to:
(i) Catch fire,
(ii) Release high-energy debris through the engine casing or result
in a hazardous failure of the engine casing,
(iii) Generate loads greater than those ultimate loads specified in
Sec. 33.23(a), or
(iv) Lose the capability of being shut down.
(2) Following an overspeed event and after continued operation, the
rotor may not exhibit conditions such as cracking or distortion which
preclude continued safe operation.
(e) The design and functioning of engine control systems,
instruments, and other methods not covered under Sec. 33.28 must
ensure that the engine operating limitations that affect turbine,
compressor, fan, and turbosupercharger rotor structural integrity will
not be exceeded in service.
(f) Failure of a shaft section may be excluded from consideration
in determining the highest overspeed that would result from a complete
loss of load on a turbine rotor if the applicant:
(1) Identifies the shaft as an engine life-limited-part and
complies with Sec. 33.70.
(2) Uses material and design features that are well understood and
that can be analyzed by well-established and validated stress analysis
techniques.
(3) Determines, based on an assessment of the environment
surrounding the shaft section, that environmental influences are
unlikely to cause a shaft failure. This assessment must include
complexity of design, corrosion, wear, vibration, fire, contact with
adjacent components or structure, overheating, and secondary effects
from other failures or combination of failures.
(4) Identifies and declares, in accordance with Sec. 33.5, any
assumptions regarding the engine installation in making the assessment
described above in paragraph (f)(3) of this section.
(5) Assesses, and considers as appropriate, experience with shaft
sections of similar design.
(6) Does not exclude the entire shaft.
(g) If analysis is used to meet the overspeed requirements, then
the analytical tool must be validated to prior overspeed test results
of a similar rotor. The tool must be validated for each material. The
rotor being certified must not exceed the boundaries of the rotors
being used to validate the analytical tool in terms of geometric shape,
operating stress, and temperature. Validation includes the ability to
accurately predict rotor dimensional growth and the burst speed. The
predictions must also show that the rotor being certified does not have
lower burst and growth margins than rotors used to validate the tool.
Issued in Washington, DC, on June 30, 2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011-18002 Filed 7-15-11; 8:45 am]
BILLING CODE 4910-13-P