Airworthiness Directives; Rolls-Royce plc Turbofan Engines, 54152-54156 [2013-21109]
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations
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(f)(3) of this AD. You are still required to
perform the repetitive inspections required
by paragraphs (f)(2) and (f)(3) of this AD.
(2) For RB211–Trent 800 series engines:
(i) If you borescope inspected your RB211–
Trent 800 series engine using RB211 Trent
800 Series Propulsion System NMASB No.
RB.211–72–AG264, Revision 3, dated
December 21, 2010, or Revision 4, dated
February 25, 2011, before the effective date
of this AD, you have satisfied the
requirements of paragraph (g)(1) of this AD.
(ii) If you performed the ECI and in-shop
visual inspection of your RB211–Trent 800
series engine using RB211 Trent 700 and
Trent 800 Series Propulsion Systems NMASB
No. RB.211–72–AG085, Revision 1, dated
September 27, 2010, before the effective date
of this AD, you have satisfied the ECI and
visual inspections required by paragraph
(g)(3) of this AD. You are still required to
perform the repetitive inspections required
by paragraphs (g)(2) and (g)(3) of this AD.
(3) For RB211–Trent 500 and 900 series
engines:
(i) If you borescope inspected your RB211–
Trent 500 series engine using RB211 Trent
500, 700 and 800 Series Propulsion Systems
NMASB No. RB.211–72–AF260, Revision 4,
dated July 28, 2009, or using RB211 Trent
500 and Trent 900 Series Propulsion Systems
NMSB No. RB.211–72–G448, Revision 2,
dated December 23, 2010 before the effective
date of this AD, you have satisfied the ECIs
required by paragraph (h)(3) of this AD.
(ii) If you performed the ECI and in-shop
visual inspection of your RB211–Trent 500
series engine using RB211 Trent 500 and
Trent 900 Series Propulsion Systems NMSB
No. RB.211–72–G448, Revision 2, dated
December 23, 2010, before the effective date
of this AD, you have satisfied the ECI and
visual inspections required by paragraph
(h)(3) of this AD. You are still required to
perform the repetitive inspections required
by paragraphs (h)(2) and (h)(3) of this AD.
(4) For RB211–Trent 900 series engines:
(i) If you borescope inspected your RB211–
Trent 900 series engine using RB211 Trent
500 and Trent 900 Series Propulsion Systems
NMSB No. RB.211–72–G448, Revision 2,
dated December 23, 2010, before the effective
date of this AD, you have satisfied the
requirements of paragraph (i)(1) of this AD.
(ii) If you performed the ECI and in-shop
visual inspection of your RB211–Trent 900
series engine using RB211 Trent 500 and
Trent 900 Series Propulsion Systems NMSB
No. RB.211–72–G448, Revision 2, dated
December 23, 2010, before the effective date
of this AD, you have satisfied the ECI and
visual inspections required by paragraph
(i)(3) of this AD. You are still required to
perform the repetitive inspections required
by paragraphs (i)(2) and (i)(3) of this AD.
(l) Definitions
For the purpose of this AD, a shop visit is
defined as introduction of an engine into the
shop and disassembly sufficient to expose
the IP compressor module rear face.
(m) Alternative Methods of Compliance
(AMOCs)
The Manager, Engine Certification Office,
FAA, may approve AMOCs for this AD. Use
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the procedures in 14 CFR 39.19 to make your
request.
(n) Related Information
(1) For more information about this AD,
contact Frederick Zink, Aerospace Engineer,
Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803;
phone: 781–238–7779; fax: 781–238–7199;
email: frederick.zink@faa.gov.
(2) Refer to European Aviation Safety
Agency, AD 2013–0002, dated January 4,
2013, for more information. You may
examine this AD on the Internet at https://
www.regulations.gov/
#!documentDetail;D=FAA–2007–28059–0022.
(o) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(3) The following service information was
approved for IBR on October 8, 2013.
(i) Rolls-Royce plc Non-Modification Alert
Service Bulletin No. RB211 Trent 900 Series
Propulsion Systems NMASB No. RB.211–72–
AH059, dated December 11, 2012.
(ii) Rolls-Royce plc Non-Modification Alert
Service Bulletin No. RB211 Trent 500 Series
Propulsion Systems RB.211–72–AH058,
dated December 13, 2012.
(4) The following service information was
approved for IBR on June 29, 2012, (77 FR
31176, May 25, 2012).
(i) Rolls-Royce plc RB211 Trent 700 Series
Propulsion System Non-Modification Alert
Service Bulletin No. RB.211–72–AG270,
Revision 4, dated March 21, 2011.
(ii) Rolls-Royce plc RB211 Trent 700 and
800 Series Propulsion Systems NonModification Alert Service Bulletin No.
RB.211–72–AG085, Revision 2, dated July 7,
2011.
(iii) Rolls-Royce plc RB211 Trent 800
Series Propulsion System Non-Modification
Alert Service Bulletin No. RB.211–72–
AG264, Revision 5, dated March 21, 2011.
(iv) Rolls-Royce plc RB211 Trent 500
Series Propulsion System Non-Modification
Alert Service Bulletin No. RB.211–72–AF260,
Revision 5, dated July 7, 2011.
(v) Rolls-Royce plc RB211 Trent 500 and
900 Series Propulsion Systems NonModification Service Bulletin No. RB.211–
72–G448, Revision 3, dated July 7, 2011.
(5) For service information identified in
this AD, contact Rolls-Royce plc, Corporate
Communications, P.O. Box 31, Derby,
England, DE248BJ; phone: 011–44–1332–
242424; fax: 011–44–1332–245418; Internet:
https://www.rolls-royce.com/contact/civil_
team.jsp.
(6) You may view this service information
at the FAA, Engine & Propeller Directorate,
12 New England Executive Park, Burlington,
MA 01803. For information on the
availability of this material at the FAA, call
781–238–7125.
(7) You may also view this service
information that is IBR at the National
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Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/federalregister/cfr/ibr_locations.html.
Issued in Burlington, Massachusetts, on
July 22, 2013.
Colleen M. D’Alessandro,
Assistant Manager, Engine & Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2013–21108 Filed 8–30–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2013–0143; Directorate
Identifier 2013–NE–06–AD; Amendment 39–
17561; AD 2013–16–23]
RIN 2120–AA64
Airworthiness Directives; Rolls-Royce
plc Turbofan Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Rolls-Royce plc (RR) RB211–524B–02;
–524B2–19; –524B3–02; –524B4–02;
–524C2–19; –524D4–19; –524D4–B–19;
–524D4–39; –535C–37; –535E4–37;
–535E4–B–37, and –535E4–B–75
turbofan engines, and all RB211–
524G2–19; –524G3–19; –524H2–19; and
–524H–36 turbofan engines. This AD
requires a one-time inspection of the
front combustion liner (FCL) metering
panel to determine if it is made from
N75 material and, if so, replacing it with
an FCL made from C263 material. This
AD was prompted by the discovery of a
cracked and distorted FCL metering
panel, which was made from N75
material. We are issuing this AD to
prevent hot gases from burning through
the engine casing, which could result in
an under-cowl fire and damage to the
airplane.
SUMMARY:
This AD becomes effective
October 8, 2013.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 8, 2013.
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.
DATES:
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 Mandatory
Continuing Airworthiness Information
(MCAI), the regulatory evaluation, any
comments received, and other
information. The street address for the
Docket Operations office (phone: 800–
647–5527) is provided in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Robert Green, Aerospace Engineer,
Engine Certification Office, FAA, Engine
& Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803;
phone: 781–238–7754; fax: 781–238–
7199; email: robert.green@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
pmangrum on DSK3VPTVN1PROD with RULES
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. The
NPRM was published in the Federal
Register on April 5, 2013 (78 FR 20505).
The NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
During investigation of a starting problem
with an RB211–535E4–B–37 engine, the Fuel
Spray Nozzles (FSNs) appeared misaligned
and the engine was removed. Further
investigation found that the FSNs were
correctly positioned but that the Front
Combustion Liner (FCL) metering panel
(reference Engine Illustrated Parts Catalogue
(EIPC) section 72–41–13, Figure/Item 02–
324) was cracked and distorted. Laboratory
investigation revealed that the FCL metering
panel was made of N75 material rather than
the specified C263 material.
Rolls-Royce (RR) issued SB RB.211–72–
7221 in 1984, to address the issue of cracking
of FCL metering panels manufactured in N75
material. SB RB.211–72–7221 replaces the
FCL metering panel manufactured in N75
material with one manufactured in C263
material. The FCL metering panel in socalled Phase 2 combustors of the RB211–
524G/H and RB211–535C/E4/E4–B series
engines was specified in C263 material from
engine type at entry into service.
Based on these findings, it was determined
that installation of N75 material FCL
metering panels on an engine where C263
was the intended material may result in
metering panel cracking and distortion.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
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Request To Correct an Applicability
Date
American Airlines (AAL) requested
that we correct a date cited in paragraph
(c)(4)(i) of the NPRM (78 FR 20505,
April 5, 2013) used to determine the
affected engines. The NPRM states that
combustion liners supplied by RR after
April 23, 2011 are not affected by this
AD, whereas RR Alert Non-Modification
Service Bulletin (NMSB) No. RB.211–
72–AG046, Revision 3, dated December
6, 2012, and RR Alert NMSB No.
RB.211–72–AF572, Revision 2, dated
April 2, 2009, cite the correct date as
April 23, 2007.
We agree. We changed the date.
Paragraph (c)(4) of this AD now states
that combustion liners supplied by RR
after April 23, 2007, are not affected by
this AD.
Request To Allow Alternative
Inspection Method During Engine Shop
Visits
AAL and Texas Aero Engine Services,
LLC (TAESL) requested that we allow
using RR Alert NMSB No. RB.211–72–
AF572, Revision 2, dated April 2, 2009,
as a means to comply with the FCL
inspections. AAL indicated that the
Alert NMSB defines an inspection
equivalent to that in the AD, which
therefore should allow using the NMSB
at the shop level. In addition, TAESL
requested that we allow using Revision
1, Revision 2, or later revisions of RR
Alert NMSB No.RB.211–72–AF572 to
comply with the AD.
We partially agree. We agree that RR
Alert NMSB No. RB.211–72–AF572,
Revision 2, dated April 2, 2009, or
Revision 1, dated October 10, 2008,
provide an acceptable inspection. We
changed the AD to add RR Alert NMSB
No. RB.211–72–AF572, Revision 2,
dated April 2, 2009, and Revision 1,
dated October 10, 2008, to the
compliance paragraph, by adding
paragraphs (e)(2)(ii) and (e)(3)(ii).
New paragraph (e)(2)(ii) states: ‘‘You
may use paragraph 3.B. of the
Accomplishment Instructions in RR
Alert NMSB No. RB.211–72–AF572,
Revision 2, dated April 2, 2009, or
Revision 1, dated October 10, 2008, or
paragraph 3. of RR Alert NMSB No.
RB.211–72–AG183, Revision 3, dated
December 6, 2012, for engine shop visit
inspections.’’
New paragraph (e)(3)(ii) states: ‘‘You
may use paragraph 3.B. of the
Accomplishment Instructions in RR
Alert NMSB No. RB.211–72–AF572,
Revision 2, dated April 2, 2009, or
Revision 1, dated October 10, 2008, or
paragraph 3. of RR Alert NMSB No.
RB.211–72–AG046, Revision 3, dated
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54153
December 6, 2012, for engine shop visit
inspections.’’
We disagree with including possible
future versions of the Alert NMSB
because what future versions may
contain is speculation. We did not
change the AD.
Request To Use Spectroscopic Analysis
To Determine if the FCL Metering Panel
Is Made From N75 Material
AAL requested that we allow an
alternate procedure to obtain and
analyze the FCL material. RR Alert
NMSB No. RB.211–72–AG046, Revision
3, dated December 6, 2012, requires the
use of an alloy sorter to identify the FCL
material as either C263 or N75. If the
sorter identifies the material as N75, the
Alert NMSB requires that a sample be
provided to RR for confirmation by
spectroscopic analysis. AAL proposed
an alternate procedure be accepted to
obtain and analyze a sample of material
from the FCL in accordance with
RB.211–72–AG046, paragraph
3.(B).5.(p)(i) for all inspections instead
of using the alloy sorter as a preliminary
step. The alternative procedure includes
the use of a local laboratory for the
spectroscopic analysis.
We agree. Paragraph 3.(B).5.(p)(i)
identifies, among other things, how to
obtain the sample. AAL’s alternate
process uses paragraph 3.(B).5.(p)(i) to
obtain the sample. AAL’s proposed
follow-on analysis is simpler as it
avoids use of the alloy sorter. However,
spectroscopic analysis then becomes
required. The analysis need not be
limited to RR facilities, but can be
conducted locally in the context of an
FAA-accepted maintenance or quality
plan.
We changed the AD by adding
paragraphs (e)(2)(iii) and (e)(2)(iv), and
also (e)(3)(iii) and (e)(3)(iv).
New paragraph (e)(2)(iii) states: ‘‘You
may use paragraph 3.B.(5)(p)(i) of RR
Alert NMSB No. RB.211–72–AG183,
Revision 3, dated December 6, 2012, and
a spectroscopic analysis, instead of
paragraphs 3.B.(3) through 3.B.(5)(p)
and paragraphs 3.C.(5)(q) and (r).’’
New paragraph (e)(3)(iii) states: ‘‘You
may use paragraph 3.C.(5)(p)(i) of RR
Alert NMSB No. RB.211–72–AG046,
Revision 3, dated December 6, 2012, and
a spectroscopic analysis, instead of
paragraphs 3.C.(3) through 3.C.(5)(p),
and paragraph 3.C.(5)(q).’’
New paragraphs (e)(2)(iv) and
(e)(3)(iv) state: ‘‘You may use a local
facility in the context of an FAAaccepted maintenance or quality plan to
perform the spectroscopic analysis.’’
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations
Request To Substitute Locally Sourced
Tools To Conduct Pressure Test
AAL requested that we allow the use
of a locally sourced pressure test
adaptor and pressure gauge in place of
tools specified by part number in RR
Alert NMSB No. RB.211–72–AG046,
Revision 3, dated December 6, 2012.
We agree. Locally sourced tooling
approved under an FAA-accepted
maintenance or quality plan is
acceptable for use. We changed the AD
by adding paragraph (e)(3)(v) which
states: ‘‘The accomplishment
instructions in paragraphs 3.B.(6)(g)(iii)
and 3.B.(6)(j)(i) of RR Alert NMSB No.
RB.211–72–AG046, Revision 3, dated
December 6, 2012, specify use of RR
tooling for the post-inspection fuel
manifold pressure test. However, you
may use locally sourced tooling in the
context of an FAA-accepted
maintenance or quality plan.’’
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Request To Be Less Precise in
References to NMSB Revision Numbers
TAESL requested that we not specify
use of RR Alert NMSB No. RB.211–72–
AG046, Revision 3, dated December 6,
2012, for the inspection, and that we
either remove the revision number or
add the words ‘‘or later revision’’
because service bulletins can be revised
frequently. Similarly, TAESL requested
that in paragraph (c)(ii), Applicability,
we change the reference to RR Alert
NMSB No. RB.211–72–AF572 to say
‘‘Revision 1 or 2, or later revision.’’
We partially agree.
We agree that RR Alert NMSB No.
RB.211–72–AF572, Revision 2, dated
April 2, 2009, and Revision 1, dated
October 10, 2008, and Initial Issue,
dated October 15, 2007 are acceptable
inspections for prior compliance. We
changed the AD by adding paragraph (f),
Credit for Previous Actions.
New paragraph (f) states: ‘‘(1) You
have satisfied the inspection
requirement of paragraph (e) of this AD
if, before the effective date of this AD,
you performed the actions prescribed in
this AD using: (i) RR Alert NMSB No.
RB.211–72–AG183, Revision 3, dated
December 6, 2012, or Revision 2, dated
June 8, 2012, or Revision 1, dated
November 16, 2010, or Initial Issue,
dated December 17, 2009; or (ii) RR
Alert NMSB No. RB.211–72–AG046,
Revision 3, dated December 6, 2012, or
Revision 2, dated June 7, 2012, or
Revision 1, dated January 17, 2011, or
Initial Issue, dated December 17, 2009;
or (iii) RR Alert NMSB No. RB.211–72–
AF572, Revision 2, dated April 2, 2009,
or Revision 1, dated October 10, 2008,
or Initial Issue, dated October 15, 2007;
or (iv) RR Repeater Technical Variance
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No. 75295, Issue 1, dated April 20,
2007.’’
We disagree with including possible
future versions of the Alert NMSB
because what future versions may
contain is speculation. We did not
change the AD.
Request To Replace Flight Cycle
Requirement With Compliance at Next
Shop Visit
UPS requested that we remove from
compliance the flight cycle requirement
and instead require compliance at the
next shop visit. UPS has completed
inspection of 67 of 89 affected engines,
with no findings. The remaining engines
are locked in specific geographic areas
that do not afford favorable
opportunities to accomplish material
verification. UPS believes the risk of
finding a combustion liner metering
panel fabricated of N75 material is low.
We disagree. The RR risk assessment
that we reviewed estimates 25 field
findings. There have been seven
findings to date, leaving 18 potential
additional findings. The cyclic
compliance requirement, average fleet
utilization, and alternative inspection
methods provide adequate ability to
manage remaining inspections in a
timely manner during scheduled
maintenance opportunities. We did not
change the AD.
Request To Lower the Estimated Costs
of Compliance
AAL requested that we lower, based
on the inspection results to date, our
estimate of costs of compliance. The
NPRM (78 FR 20505, April 5, 2013)
estimates that 315 engines of U.S.
registry are affected, and that 12 engines
will test positive for N75. AAL believes
that this estimate is too high.
AAL stated that, to date, 770 engines
of the worldwide fleet have been
inspected using RR NMSB No. RB.211–
72–AF572 and RB.211–72–AG046. Two
engines were confirmed to have an N75
material FCL metering panel in the shop
using RB.211–72–AF572 and one was
the original event engine. No engines
with confirmed FCL metering panel
with N75 material have been found in
the worldwide fleet using RR NMSB No.
RB.211–72–AG046.
We disagree. As of March 15, 2013,
we are aware of seven findings—the
known failure of one engine, two
findings for new productions engines,
and four findings for engines inspected
in the field. We did not change the AD.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
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public interest require adopting this 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
this AD.
Costs of Compliance
We estimate that this AD will affect
about 315 RR RB211–524 and RB211–
535 turbofan engines installed on
airplanes of U.S. registry. We also
estimate that it will take about 11 hours
per engine to comply with this AD. The
average labor rate is $85 per hour.
Required parts will cost about $108,887
per engine. We anticipate that 12 FCL
metering panels will fail inspection.
Based on these figures, we estimate the
cost of the AD on U.S. operators to be
$1,601,169.
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,
(2) Is not a ‘‘significant rule’’ under
the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26,
1979),
(3) Will not affect intrastate aviation
in Alaska to the extent that it justifies
making a regulatory distinction, and
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations
(c) Applicability
This AD applies to:
(1) All Rolls-Royce plc (RR) RB211–524G2–
19; –524G3–19; –524H2–19; and –524H–36
turbofan engines;
(2) RR RB211–524B–02; –524B2–19;
–524B3–02; –524B4–02; –524C2–19;
–524D4–19; –524D4–B–19; and –524D4–39
turbofan engines that have incorporated RR
Service Bulletin (SB) No. RB.211–72–7221,
dated December 7, 1984;
(3) All RR RB211–535C–37; –535E4–37;
–535E4–B–37, and –535E4–B–75 turbofan
engines, except those engines that have
incorporated RR SB No. RB.211–72–C230,
Revision 1, dated November 22, 2012, or
Initial Issue, dated November 16, 1999.
(4) This AD does not apply to engines
listed in paragraphs (c)(1) through (c)(3) of
this AD that have installed a front
combustion liner (FCL) metering panel
delivered from RR after April 23, 2007.
(e) Actions and Compliance
Unless already done, do the following
actions.
(1) At the next engine shop visit or within
625 flight cycles, whichever occurs first after
the effective date of this AD, perform a onetime inspection of the FCL metering panel to
determine if it is made from N75 material,
and if made from N75 material, replace it
with one made from C263 material.
(2) To inspect RR RB211–524 series
turbofan engines:
(i) Use paragraph 3. of the
Accomplishment Instructions of RR Alert
Non-Modification Service Bulletin (NMSB)
No. RB.211–72–AG183, Revision 3, dated
December 6, 2012; or
(ii) You may use paragraph 3.B. of the
Accomplishment Instructions in RR Alert
NMSB No. RB.211–72–AF572, Revision 2,
dated April 2, 2009, or Revision 1, dated
October 10, 2008, or paragraph 3. of RR Alert
NMSB No. RB.211–72–AG183, Revision 3,
dated December 6, 2012, for engine shop visit
inspections.
(iii) You may use paragraph 3.B.(5)(p)(i) of
RR Alert NMSB No. RB.211–72–AG183,
Revision 3, dated December 6, 2012, and a
spectroscopic analysis, instead of paragraphs
3.B.(3) through 3.B.(5)(p), and paragraphs
3.C.(5)(q) and (r).
(iv) You may use a local facility in the
context of an FAA-accepted maintenance or
quality plan to perform the spectroscopic
analysis.
(3) To inspect RR RB211–535 series
turbofan engines:
(i) Use paragraph 3. of the
Accomplishment Instructions of RR Alert
NMSB No. RB.211–72–AG046, Revision 3,
dated December 6, 2012; or
(ii) You may use paragraph 3.B. of the
Accomplishment Instructions in RR Alert
NMSB No. RB.211–72–AF572, Revision 2,
dated April 2, 2009, or Revision 1, dated
October 10, 2008, or paragraph 3. of RR Alert
NMSB No. RB.211–72–AG046, Revision 3,
dated December 6, 2012, for engine shop visit
inspections.
(iii) You may use paragraph 3.C.(5)(p)(i) of
RR Alert NMSB No. RB.211–72–AG046,
Revision 3, dated December 6, 2012, and a
spectroscopic analysis, instead of paragraphs
3.C.(3) through 3.C.(5)(p), and paragraph
3.C.(5)(q).
(iv) You may use a local facility to perform
the spectroscopic analysis in the context of
an FAA-accepted maintenance or quality
plan.
(v) The accomplishment instructions in
paragraphs 3.B.(6)(g)(iii) and 3.B.(6)(j)(i) of
RR Alert NMSB No. RB.211–72–AG046,
Revision 3, dated December 6, 2012, specify
use of RR tooling for the post-inspection fuel
manifold pressure test. However, you may
use locally sourced tooling in the context of
an FAA-accepted maintenance or quality
plan.
(d) Reason
This AD was prompted by the discovery of
a cracked and distorted FCL metering panel,
made from N75 material. We are issuing this
AD to prevent hot gases from burning
through the engine casing, which could
result in an under-cowl fire and damage to
the airplane.
(f) Credit for Previous Actions
(1) You have satisfied the inspection
requirement of paragraph (e) of this AD if,
before the effective date of this AD, you
performed the actions prescribed in this AD
using:
(i) RR Alert NMSB No. RB.211–72–AG183,
Revision 3, dated December 6, 2012, or
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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:
■
2013–16–23 Rolls-Royce plc: Amendment
39–17561; Docket No. FAA–2013–0143;
Directorate Identifier 2013–NE–06–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective October 8, 2013.
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(b) Affected ADs
None.
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54155
Revision 2, dated June 8, 2012, or Revision
1, dated November 16, 2010, or Initial Issue,
dated December 17, 2009; or
(ii) RR Alert NMSB No. RB.211–72–AG046,
Revision 3, dated December 6, 2012, or
Revision 2, dated June 7, 2012, or Revision
1, dated January 17, 2011, or Initial Issue,
dated December 17, 2009; or
(iii) RR Alert NMSB No. RB.211–72–
AF572, Revision 2, dated April 2, 2009, or
Revision 1, dated October 10, 2008, or Initial
Issue, dated October 15, 2007; or
(iv) RR Repeater Technical Variance No.
75295, Issue 1, dated April 20, 2007.
(g) Definition
For the purpose of this AD, a shop visit is
the induction of an engine into the shop for
maintenance or overhaul. The separation of
engine flanges solely for the purposes of
transporting the engine without subsequent
engine maintenance does not constitute an
engine shop visit.
(h) Alternative Methods of Compliance
(AMOCs)
The Manager, Engine Certification Office,
may approve AMOCs for this AD. Use the
procedures found in 14 CFR 39.19 to make
your request.
(i) Related Information
For more information about this AD,
contact Robert Green, Aerospace Engineer,
Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803;
phone: 781–238–7754; fax: 781–238 7199;
email: robert.green@faa.gov.
Refer to European Aviation Safety Agency
AD 2012–0215R1, dated January 4, 2013, for
more information. You may examine the AD
on the Internet at https://
www.regulations.gov/
#!documentDetail;D=FAA–2013–0143–0009.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Rolls-Royce plc (RR) Alert NonModification Service Bulletin (NMSB) No.
RB.211–72–AF572, Revision 2, dated April 2,
2009.
(ii) RR Alert NMSB No. RB.211–72–AF572,
Revision 1, dated October 10, 2008.
(iii) RR Alert NMSB No. RB.211–72–
AG183, Revision 3, dated December 6, 2012.
(iv) RR Alert NMSB No. RB.211–72–
AG046, Revision 3, dated December 6, 2012.
(3) For Rolls-Royce plc service information
identified in this AD, contact Rolls-Royce
plc, Corporate Communications, P.O. Box 31,
Derby, England, DE248BJ; phone: 011–44–
1332–242424; fax: 011–44–1332–249936;
email: https://www.rolls-royce.com/contact/
civil_team.jsp; Internet: https://
www.aeromanager.com.
(4) You may view this service information
at FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington,
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations
MA. For information on the availability of
this material at the FAA, call 781–238–7125.
(5) You may view this service information
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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Burlington, Massachusetts, on
August 7, 2013.
Colleen M. D’Alessandro,
Assistant Manager, Engine & Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2013–21109 Filed 8–30–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 602
[TD 9633]
RIN 1545–BE58
Limitations on Duplication of Net Builtin Losses
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
This document contains final
regulations under section 362(e)(2) of
the Internal Revenue Code of 1986
(Code). The regulations apply to certain
nonrecognition transfers of loss property
to corporations. The regulations affect
all parties to the transaction.
DATES: Effective Date: These final
regulations are effective on September 3,
2013.
Applicability Date: For dates of
applicability see § 1.358–2(d), § 1.362–
4(j).
FOR FURTHER INFORMATION CONTACT:
Theresa A. Abell (202) 622–7700 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Paperwork Reduction Act
The collection of information
contained in these final regulations has
been reviewed and approved by the
Office of Management and Budget in
accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
3507(d)) under OMB control number
1545–2247. The collection of
information in these final regulations is
in § 1.362–4(d). This information is
required by the IRS to verify basis of
property transferred in certain tax-free
transactions when taxpayers make the
election provided for under section
362(e)(2)(C).
An agency may not conduct or
sponsor, and a person is not required to
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14:09 Aug 30, 2013
Jkt 229001
respond to, a collection of information
unless the collection of information
displays a valid control number.
Books or records relating to a
collection of information must be
retained as long as their contents may
become material in the administration
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by section
6103.
Background
Section 362(e)(2) was enacted in the
American Jobs Creation Act of 2004
(Pub. L. 108–357, 188 Stat. 1418 (2004))
in order to prevent the duplication of
loss in certain corporate nonrecognition
transfers. Section 362(e)(2) applies to
corporate acquisitions of property with
a net built-in loss in transactions
described in section 362(a) (transactions
to which section 351 applies and
acquisitions of property as paid-in
surplus or contributions to capital), but
only if the transaction is not described
in section 362(e)(1) (transactions in
which there is an importation of builtin loss). When a transaction is subject to
section 362(e)(2), the acquiring
corporation’s basis in loss property is
reduced by the property’s allocable
portion of the transferor’s net built-in
loss. See section 362(e)(2)(B). However,
under section 362(e)(2)(C), the parties to
the transaction can make an irrevocable
election to apply the reduction to the
transferor’s basis in the stock received
in the exchange instead of to the
transferee’s basis in the property
received in the exchange.
Notice 2005–70, 2005–2 CB 694, was
published on October 11, 2005, to
provide interim guidance for making an
election to apply section 362(e)(2)(C).
See § 601.601(d)(2) of this chapter.
Under Notice 2005–70, an election
would be considered effective once a
certification was included by the
transferor or, if the transferor is a
controlled foreign corporation (CFC), by
all of its controlling U.S. shareholders as
defined in § 1.964–1(c)(5), on a timely
filed original Federal income tax return
(designated a ‘‘U.S. return’’ under the
final regulations) for the year of the
transaction. Notice 2005–70 expressly
permitted taxpayers to make a
protective election that would have no
effect on a transaction that is ultimately
not subject to section 362(e)(2). The
Notice also allowed other statements to
be treated as effective elections if
sufficient information was provided to
the IRS with respect to the transfer and
parties.
Proposed regulations under section
362(e)(2) were published in the Federal
Register (71 FR 62067) on October 23,
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
2006. Following the publication of the
proposed regulations, the IRS received
questions concerning the application of
section 362(e)(2) to transactions
involving S corporations and
partnerships and concerning the filing
of the section 362(e)(2)(C) election,
particularly with respect to transactions
between persons outside the United
States. The IRS also has become aware
of certain ambiguities (described later in
this preamble) relating to the proper
operation of the statute. Two written
comments were submitted; no public
hearing was requested or held.
Summary of Proposed Regulations
1. General Application of Section,
Interaction With Other Law
The proposed regulations included a
number of specific provisions regarding
the general operation of the statutory
framework, such as provisions stating
that section 362(e)(2) is to be applied on
a transferor-by-transferor basis; that a
transaction is treated as subject to
section 362(e)(2) to the extent it is not
a transfer of net built-in loss property
under section 362(e)(1); that gain
recognized by the transferor is taken
into account in determining the
transferee’s basis immediately after the
transfer; and that section 362(e)(2)
applies to any transaction described in
section 362(a) without regard to whether
the transaction is also described in
section 362(b) or any other section.
These provisions responded to inquiries
from practitioners concerning section
362(e)(2) and its interaction with
generally applicable provisions of the
Code.
2. Exceptions From the Application of
Section 362(e)(2)
The proposed regulations included
two exceptions under which a
transaction would be treated as not
subject to section 362(e)(2)
notwithstanding that the transaction is
generally described in that section.
Under the first exception, if a transfer
is not relevant for Federal income tax
purposes at the time it occurs and it
does not become relevant for Federal
income tax purposes at any time within
two years of the transfer, then, solely for
purposes of determining whether
section 362(e)(2) applies to the
transaction, the property exchanged
would be deemed to have a basis equal
to its fair market value (designated value
under the final regulations) immediately
after the transaction. As a result, the
transfer would not be subject to section
362(e)(2). This exception reflected a
concern that transferors not anticipating
that a transfer would be relevant for
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]]>Agencies
[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54152-54156]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21109]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0143; Directorate Identifier 2013-NE-06-AD;
Amendment 39-17561; AD 2013-16-23]
RIN 2120-AA64
Airworthiness Directives; Rolls-Royce plc Turbofan Engines
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Rolls-Royce plc (RR) RB211-524B-02; -524B2-19; -524B3-02; -524B4-02; -
524C2-19; -524D4-19; -524D4-B-19; -524D4-39; -535C-37; -535E4-37; -
535E4-B-37, and -535E4-B-75 turbofan engines, and all RB211-524G2-19; -
524G3-19; -524H2-19; and -524H-36 turbofan engines. This AD requires a
one-time inspection of the front combustion liner (FCL) metering panel
to determine if it is made from N75 material and, if so, replacing it
with an FCL made from C263 material. This AD was prompted by the
discovery of a cracked and distorted FCL metering panel, which was made
from N75 material. We are issuing this AD to prevent hot gases from
burning through the engine casing, which could result in an under-cowl
fire and damage to the airplane.
DATES: This AD becomes effective October 8, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 8,
2013.
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.
[[Page 54153]]
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 Mandatory Continuing
Airworthiness Information (MCAI), the regulatory evaluation, any
comments received, and other information. The street address for the
Docket Operations office (phone: 800-647-5527) is provided in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone: 781-238-7754;
fax: 781-238-7199; email: robert.green@faa.gov.
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.
The NPRM was published in the Federal Register on April 5, 2013 (78 FR
20505). The NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
During investigation of a starting problem with an RB211-535E4-
B-37 engine, the Fuel Spray Nozzles (FSNs) appeared misaligned and
the engine was removed. Further investigation found that the FSNs
were correctly positioned but that the Front Combustion Liner (FCL)
metering panel (reference Engine Illustrated Parts Catalogue (EIPC)
section 72-41-13, Figure/Item 02-324) was cracked and distorted.
Laboratory investigation revealed that the FCL metering panel was
made of N75 material rather than the specified C263 material.
Rolls-Royce (RR) issued SB RB.211-72-7221 in 1984, to address
the issue of cracking of FCL metering panels manufactured in N75
material. SB RB.211-72-7221 replaces the FCL metering panel
manufactured in N75 material with one manufactured in C263 material.
The FCL metering panel in so-called Phase 2 combustors of the RB211-
524G/H and RB211-535C/E4/E4-B series engines was specified in C263
material from engine type at entry into service.
Based on these findings, it was determined that installation of
N75 material FCL metering panels on an engine where C263 was the
intended material may result in metering panel cracking and
distortion.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Correct an Applicability Date
American Airlines (AAL) requested that we correct a date cited in
paragraph (c)(4)(i) of the NPRM (78 FR 20505, April 5, 2013) used to
determine the affected engines. The NPRM states that combustion liners
supplied by RR after April 23, 2011 are not affected by this AD,
whereas RR Alert Non-Modification Service Bulletin (NMSB) No. RB.211-
72-AG046, Revision 3, dated December 6, 2012, and RR Alert NMSB No.
RB.211-72-AF572, Revision 2, dated April 2, 2009, cite the correct date
as April 23, 2007.
We agree. We changed the date. Paragraph (c)(4) of this AD now
states that combustion liners supplied by RR after April 23, 2007, are
not affected by this AD.
Request To Allow Alternative Inspection Method During Engine Shop
Visits
AAL and Texas Aero Engine Services, LLC (TAESL) requested that we
allow using RR Alert NMSB No. RB.211-72-AF572, Revision 2, dated April
2, 2009, as a means to comply with the FCL inspections. AAL indicated
that the Alert NMSB defines an inspection equivalent to that in the AD,
which therefore should allow using the NMSB at the shop level. In
addition, TAESL requested that we allow using Revision 1, Revision 2,
or later revisions of RR Alert NMSB No.RB.211-72-AF572 to comply with
the AD.
We partially agree. We agree that RR Alert NMSB No. RB.211-72-
AF572, Revision 2, dated April 2, 2009, or Revision 1, dated October
10, 2008, provide an acceptable inspection. We changed the AD to add RR
Alert NMSB No. RB.211-72-AF572, Revision 2, dated April 2, 2009, and
Revision 1, dated October 10, 2008, to the compliance paragraph, by
adding paragraphs (e)(2)(ii) and (e)(3)(ii).
New paragraph (e)(2)(ii) states: ``You may use paragraph 3.B. of
the Accomplishment Instructions in RR Alert NMSB No. RB.211-72-AF572,
Revision 2, dated April 2, 2009, or Revision 1, dated October 10, 2008,
or paragraph 3. of RR Alert NMSB No. RB.211-72-AG183, Revision 3, dated
December 6, 2012, for engine shop visit inspections.''
New paragraph (e)(3)(ii) states: ``You may use paragraph 3.B. of
the Accomplishment Instructions in RR Alert NMSB No. RB.211-72-AF572,
Revision 2, dated April 2, 2009, or Revision 1, dated October 10, 2008,
or paragraph 3. of RR Alert NMSB No. RB.211-72-AG046, Revision 3, dated
December 6, 2012, for engine shop visit inspections.''
We disagree with including possible future versions of the Alert
NMSB because what future versions may contain is speculation. We did
not change the AD.
Request To Use Spectroscopic Analysis To Determine if the FCL Metering
Panel Is Made From N75 Material
AAL requested that we allow an alternate procedure to obtain and
analyze the FCL material. RR Alert NMSB No. RB.211-72-AG046, Revision
3, dated December 6, 2012, requires the use of an alloy sorter to
identify the FCL material as either C263 or N75. If the sorter
identifies the material as N75, the Alert NMSB requires that a sample
be provided to RR for confirmation by spectroscopic analysis. AAL
proposed an alternate procedure be accepted to obtain and analyze a
sample of material from the FCL in accordance with RB.211-72-AG046,
paragraph 3.(B).5.(p)(i) for all inspections instead of using the alloy
sorter as a preliminary step. The alternative procedure includes the
use of a local laboratory for the spectroscopic analysis.
We agree. Paragraph 3.(B).5.(p)(i) identifies, among other things,
how to obtain the sample. AAL's alternate process uses paragraph
3.(B).5.(p)(i) to obtain the sample. AAL's proposed follow-on analysis
is simpler as it avoids use of the alloy sorter. However, spectroscopic
analysis then becomes required. The analysis need not be limited to RR
facilities, but can be conducted locally in the context of an FAA-
accepted maintenance or quality plan.
We changed the AD by adding paragraphs (e)(2)(iii) and (e)(2)(iv),
and also (e)(3)(iii) and (e)(3)(iv).
New paragraph (e)(2)(iii) states: ``You may use paragraph
3.B.(5)(p)(i) of RR Alert NMSB No. RB.211-72-AG183, Revision 3, dated
December 6, 2012, and a spectroscopic analysis, instead of paragraphs
3.B.(3) through 3.B.(5)(p) and paragraphs 3.C.(5)(q) and (r).''
New paragraph (e)(3)(iii) states: ``You may use paragraph
3.C.(5)(p)(i) of RR Alert NMSB No. RB.211-72-AG046, Revision 3, dated
December 6, 2012, and a spectroscopic analysis, instead of paragraphs
3.C.(3) through 3.C.(5)(p), and paragraph 3.C.(5)(q).''
New paragraphs (e)(2)(iv) and (e)(3)(iv) state: ``You may use a
local facility in the context of an FAA-accepted maintenance or quality
plan to perform the spectroscopic analysis.''
[[Page 54154]]
Request To Substitute Locally Sourced Tools To Conduct Pressure Test
AAL requested that we allow the use of a locally sourced pressure
test adaptor and pressure gauge in place of tools specified by part
number in RR Alert NMSB No. RB.211-72-AG046, Revision 3, dated December
6, 2012.
We agree. Locally sourced tooling approved under an FAA-accepted
maintenance or quality plan is acceptable for use. We changed the AD by
adding paragraph (e)(3)(v) which states: ``The accomplishment
instructions in paragraphs 3.B.(6)(g)(iii) and 3.B.(6)(j)(i) of RR
Alert NMSB No. RB.211-72-AG046, Revision 3, dated December 6, 2012,
specify use of RR tooling for the post-inspection fuel manifold
pressure test. However, you may use locally sourced tooling in the
context of an FAA-accepted maintenance or quality plan.''
Request To Be Less Precise in References to NMSB Revision Numbers
TAESL requested that we not specify use of RR Alert NMSB No.
RB.211-72-AG046, Revision 3, dated December 6, 2012, for the
inspection, and that we either remove the revision number or add the
words ``or later revision'' because service bulletins can be revised
frequently. Similarly, TAESL requested that in paragraph (c)(ii),
Applicability, we change the reference to RR Alert NMSB No. RB.211-72-
AF572 to say ``Revision 1 or 2, or later revision.''
We partially agree.
We agree that RR Alert NMSB No. RB.211-72-AF572, Revision 2, dated
April 2, 2009, and Revision 1, dated October 10, 2008, and Initial
Issue, dated October 15, 2007 are acceptable inspections for prior
compliance. We changed the AD by adding paragraph (f), Credit for
Previous Actions.
New paragraph (f) states: ``(1) You have satisfied the inspection
requirement of paragraph (e) of this AD if, before the effective date
of this AD, you performed the actions prescribed in this AD using: (i)
RR Alert NMSB No. RB.211-72-AG183, Revision 3, dated December 6, 2012,
or Revision 2, dated June 8, 2012, or Revision 1, dated November 16,
2010, or Initial Issue, dated December 17, 2009; or (ii) RR Alert NMSB
No. RB.211-72-AG046, Revision 3, dated December 6, 2012, or Revision 2,
dated June 7, 2012, or Revision 1, dated January 17, 2011, or Initial
Issue, dated December 17, 2009; or (iii) RR Alert NMSB No. RB.211-72-
AF572, Revision 2, dated April 2, 2009, or Revision 1, dated October
10, 2008, or Initial Issue, dated October 15, 2007; or (iv) RR Repeater
Technical Variance No. 75295, Issue 1, dated April 20, 2007.''
We disagree with including possible future versions of the Alert
NMSB because what future versions may contain is speculation. We did
not change the AD.
Request To Replace Flight Cycle Requirement With Compliance at Next
Shop Visit
UPS requested that we remove from compliance the flight cycle
requirement and instead require compliance at the next shop visit. UPS
has completed inspection of 67 of 89 affected engines, with no
findings. The remaining engines are locked in specific geographic areas
that do not afford favorable opportunities to accomplish material
verification. UPS believes the risk of finding a combustion liner
metering panel fabricated of N75 material is low.
We disagree. The RR risk assessment that we reviewed estimates 25
field findings. There have been seven findings to date, leaving 18
potential additional findings. The cyclic compliance requirement,
average fleet utilization, and alternative inspection methods provide
adequate ability to manage remaining inspections in a timely manner
during scheduled maintenance opportunities. We did not change the AD.
Request To Lower the Estimated Costs of Compliance
AAL requested that we lower, based on the inspection results to
date, our estimate of costs of compliance. The NPRM (78 FR 20505, April
5, 2013) estimates that 315 engines of U.S. registry are affected, and
that 12 engines will test positive for N75. AAL believes that this
estimate is too high.
AAL stated that, to date, 770 engines of the worldwide fleet have
been inspected using RR NMSB No. RB.211-72-AF572 and RB.211-72-AG046.
Two engines were confirmed to have an N75 material FCL metering panel
in the shop using RB.211-72-AF572 and one was the original event
engine. No engines with confirmed FCL metering panel with N75 material
have been found in the worldwide fleet using RR NMSB No. RB.211-72-
AG046.
We disagree. As of March 15, 2013, we are aware of seven findings--
the known failure of one engine, two findings for new productions
engines, and four findings for engines inspected in the field. We did
not change the AD.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
this 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 this AD.
Costs of Compliance
We estimate that this AD will affect about 315 RR RB211-524 and
RB211-535 turbofan engines installed on airplanes of U.S. registry. We
also estimate that it will take about 11 hours per engine to comply
with this AD. The average labor rate is $85 per hour. Required parts
will cost about $108,887 per engine. We anticipate that 12 FCL metering
panels will fail inspection. Based on these figures, we estimate the
cost of the AD on U.S. operators to be $1,601,169.
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,
(2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
[[Page 54155]]
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2013-16-23 Rolls-Royce plc: Amendment 39-17561; Docket No. FAA-2013-
0143; Directorate Identifier 2013-NE-06-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective October 8,
2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to:
(1) All Rolls-Royce plc (RR) RB211-524G2-19; -524G3-19; -524H2-
19; and -524H-36 turbofan engines;
(2) RR RB211-524B-02; -524B2-19; -524B3-02; -524B4-02; -524C2-
19; -524D4-19; -524D4-B-19; and -524D4-39 turbofan engines that have
incorporated RR Service Bulletin (SB) No. RB.211-72-7221, dated
December 7, 1984;
(3) All RR RB211-535C-37; -535E4-37; -535E4-B-37, and -535E4-B-
75 turbofan engines, except those engines that have incorporated RR
SB No. RB.211-72-C230, Revision 1, dated November 22, 2012, or
Initial Issue, dated November 16, 1999.
(4) This AD does not apply to engines listed in paragraphs
(c)(1) through (c)(3) of this AD that have installed a front
combustion liner (FCL) metering panel delivered from RR after April
23, 2007.
(d) Reason
This AD was prompted by the discovery of a cracked and distorted
FCL metering panel, made from N75 material. We are issuing this AD
to prevent hot gases from burning through the engine casing, which
could result in an under-cowl fire and damage to the airplane.
(e) Actions and Compliance
Unless already done, do the following actions.
(1) At the next engine shop visit or within 625 flight cycles,
whichever occurs first after the effective date of this AD, perform
a one-time inspection of the FCL metering panel to determine if it
is made from N75 material, and if made from N75 material, replace it
with one made from C263 material.
(2) To inspect RR RB211-524 series turbofan engines:
(i) Use paragraph 3. of the Accomplishment Instructions of RR
Alert Non-Modification Service Bulletin (NMSB) No. RB.211-72-AG183,
Revision 3, dated December 6, 2012; or
(ii) You may use paragraph 3.B. of the Accomplishment
Instructions in RR Alert NMSB No. RB.211-72-AF572, Revision 2, dated
April 2, 2009, or Revision 1, dated October 10, 2008, or paragraph
3. of RR Alert NMSB No. RB.211-72-AG183, Revision 3, dated December
6, 2012, for engine shop visit inspections.
(iii) You may use paragraph 3.B.(5)(p)(i) of RR Alert NMSB No.
RB.211-72-AG183, Revision 3, dated December 6, 2012, and a
spectroscopic analysis, instead of paragraphs 3.B.(3) through
3.B.(5)(p), and paragraphs 3.C.(5)(q) and (r).
(iv) You may use a local facility in the context of an FAA-
accepted maintenance or quality plan to perform the spectroscopic
analysis.
(3) To inspect RR RB211-535 series turbofan engines:
(i) Use paragraph 3. of the Accomplishment Instructions of RR
Alert NMSB No. RB.211-72-AG046, Revision 3, dated December 6, 2012;
or
(ii) You may use paragraph 3.B. of the Accomplishment
Instructions in RR Alert NMSB No. RB.211-72-AF572, Revision 2, dated
April 2, 2009, or Revision 1, dated October 10, 2008, or paragraph
3. of RR Alert NMSB No. RB.211-72-AG046, Revision 3, dated December
6, 2012, for engine shop visit inspections.
(iii) You may use paragraph 3.C.(5)(p)(i) of RR Alert NMSB No.
RB.211-72-AG046, Revision 3, dated December 6, 2012, and a
spectroscopic analysis, instead of paragraphs 3.C.(3) through
3.C.(5)(p), and paragraph 3.C.(5)(q).
(iv) You may use a local facility to perform the spectroscopic
analysis in the context of an FAA-accepted maintenance or quality
plan.
(v) The accomplishment instructions in paragraphs
3.B.(6)(g)(iii) and 3.B.(6)(j)(i) of RR Alert NMSB No. RB.211-72-
AG046, Revision 3, dated December 6, 2012, specify use of RR tooling
for the post-inspection fuel manifold pressure test. However, you
may use locally sourced tooling in the context of an FAA-accepted
maintenance or quality plan.
(f) Credit for Previous Actions
(1) You have satisfied the inspection requirement of paragraph
(e) of this AD if, before the effective date of this AD, you
performed the actions prescribed in this AD using:
(i) RR Alert NMSB No. RB.211-72-AG183, Revision 3, dated
December 6, 2012, or Revision 2, dated June 8, 2012, or Revision 1,
dated November 16, 2010, or Initial Issue, dated December 17, 2009;
or
(ii) RR Alert NMSB No. RB.211-72-AG046, Revision 3, dated
December 6, 2012, or Revision 2, dated June 7, 2012, or Revision 1,
dated January 17, 2011, or Initial Issue, dated December 17, 2009;
or
(iii) RR Alert NMSB No. RB.211-72-AF572, Revision 2, dated April
2, 2009, or Revision 1, dated October 10, 2008, or Initial Issue,
dated October 15, 2007; or
(iv) RR Repeater Technical Variance No. 75295, Issue 1, dated
April 20, 2007.
(g) Definition
For the purpose of this AD, a shop visit is the induction of an
engine into the shop for maintenance or overhaul. The separation of
engine flanges solely for the purposes of transporting the engine
without subsequent engine maintenance does not constitute an engine
shop visit.
(h) Alternative Methods of Compliance (AMOCs)
The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.
(i) Related Information
For more information about this AD, contact Robert Green,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone: 781-238-7754; fax: 781-238 7199; email:
robert.green@faa.gov.
Refer to European Aviation Safety Agency AD 2012-0215R1, dated
January 4, 2013, for more information. You may examine the AD on the
Internet at https://www.regulations.gov/#!documentDetail;D=FAA-2013-
0143-0009.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Rolls-Royce plc (RR) Alert Non-Modification Service Bulletin
(NMSB) No. RB.211-72-AF572, Revision 2, dated April 2, 2009.
(ii) RR Alert NMSB No. RB.211-72-AF572, Revision 1, dated
October 10, 2008.
(iii) RR Alert NMSB No. RB.211-72-AG183, Revision 3, dated
December 6, 2012.
(iv) RR Alert NMSB No. RB.211-72-AG046, Revision 3, dated
December 6, 2012.
(3) For Rolls-Royce plc service information identified in this
AD, contact Rolls-Royce plc, Corporate Communications, P.O. Box 31,
Derby, England, DE248BJ; phone: 011-44-1332-242424; fax: 011-44-
1332-249936; email: https://www.rolls-royce.com/contact/civil_team.jsp; Internet: https://www.aeromanager.com.
(4) You may view this service information at FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
[[Page 54156]]
MA. For information on the availability of this material at the FAA,
call 781-238-7125.
(5) You may view this service information 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:
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Burlington, Massachusetts, on August 7, 2013.
Colleen M. D'Alessandro,
Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2013-21109 Filed 8-30-13; 8:45 am]
BILLING CODE 4910-13-P
