Airworthiness Directives; International Aero Engines AG Turbofan Engines, 38410-38413 [2021-15486]

Download as PDF 38410 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0544; Project Identifier AD–2021–00642–E; Amendment 39–21646; AD 2021–14–19] RIN 2120–AA64 Airworthiness Directives; International Aero Engines AG Turbofan Engines Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: jbell on DSKJLSW7X2PROD with RULES Examining the AD Docket The FAA is adopting a new airworthiness directive (AD) for certain International Aero Engines AG (IAE) V2500 model turbofan engines. This AD was prompted by a review of investigative findings from an event involving an uncontained failure of a high-pressure turbine (HPT) 1st-stage disk that resulted in high-energy debris penetrating the engine cowling. This AD requires performance of an ultrasonic inspection (USI) of the HPT 1st-stage disk and HPT 2nd-stage disk and, depending on the results of the inspections, replacement of the HPT 1ststage disk or HPT 2nd-stage disk with a part eligible for installation. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective August 5, 2021. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of August 5, 2021. The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of July 13, 2021 (86 FR 30380, June 8, 2021). The FAA must receive comments on this AD by September 7, 2021. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this final rule, contact International SUMMARY: VerDate Sep<11>2014 15:58 Jul 20, 2021 Jkt 253001 Aero Engines AG, 400 Main Street, East Hartford, CT 06118; phone: (800) 565– 0140; email: help24@pw.utc.com; website: https://fleetcare.pw.utc.com. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (781) 238–7759. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0544. You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0544; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The street address for the Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Alberto Hernandez, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: (781) 238–7329; fax: (781) 238– 7199; email: Alberto.J.Hernandez@ faa.gov. SUPPLEMENTARY INFORMATION: Background On March 18, 2020, an Airbus Model A321–231 airplane, powered by IAE V2533–A5 model turbofan engines, experienced an uncontained HPT 1ststage disk failure that resulted in an aborted takeoff. The uncontained failure of the HPT 1st-stage disk resulted in high-energy debris penetrating the engine cowling. The FAA published Emergency AD 2020–07–51 on March 21, 2020 (followed by publication in the Federal Register on April 13, 2020, as a Final Rule, Request for Comments (85 FR 20402)) and AD 2021–01–03 on January 6, 2021 (86 FR 458) to remove from service HPT 1st-stage and HPT 2nd-stage disks identified as having the highest risk of failure. Based on the root cause analysis performed since that event, the manufacturer identified a population of HPT 1st-stage disks and HPT 2nd-stage disks that require inspection and possible removal from service. In response, the FAA published AD 2021– 11–15 on June 8, 2021 (86 FR 30380) to require performance of a USI on affected HPT 1st-stage disks and HPT 2nd-stage disks and, depending on the results of the USI, removal of the affected HPT disks from service. Compliance time for performance of the USI in AD 2021–11– PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 15 is based on the specific IAE V2500 model turbofan engine on which the HPT 1st-stage or 2nd-stage disk is installed and is required to be performed at the next engine shop visit or between 3,200–6,700 flight cycles (FCs), depending on the model turbofan engine, after the effective date of the AD, whichever occurs first. Based on the review of investigative findings from this March 2020 event, the manufacturer identified a high-risk subpopulation of parts that require urgent inspection. The FAA, therefore, published Emergency AD 2021–11–51 on May 21, 2021 (followed by publication in the Federal Register on July 2, 2021, as a Final Rule, Request for Comments (86 FR 35217)) requiring performance of a USI within 10 FCs on the highest-risk HPT 1st-stage disks and HPT 2nd-stage disks and, depending on the results of the USI, removal of the affected HPT disks from service. The FAA is now publishing this AD to require performance of a USI on the remaining high-risk subpopulation of affected HPT 1st-stage disks and HPT 2nd-stage disks and, depending on the results of the USI, removal of the affected HPT disks from service. Compliance time is between 100 and 620 FCs after the effective date of this AD and is based on the specific V2500 IAE turbofan engine model on which the affected disks are, or have been, installed. This condition, if not addressed, could result in uncontained HPT disk failure, damage to the engine, damage to the airplane, and loss of the airplane. The FAA is issuing this AD to address the unsafe condition on these products. FAA’s Determination The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Related Service Information Under 1 CFR Part 51 The FAA reviewed Pratt & Whitney (P&W) Special Instruction (SI) No. 112F–21, dated May 24, 2021. The SI identifies the affected HPT 1st-stage disks and HPT 2nd-stage disks installed on IAE V2522–A5, V2524–A5, V2525– D5, V2527–A5, V2527E–A5, V2527M– A5, V2528–D5, V2530–A5, and V2533– A5 model turbofan engines. The FAA reviewed P&W SI No. 114F– 21, dated May 24, 2021. The SI identifies the affected HPT 2nd-stage disks installed on IAE V2531–E5 model turbofan engines. The FAA reviewed IAE NMSB No. V2500–ENG–72–0713, Revision 1, dated E:\FR\FM\21JYR1.SGM 21JYR1 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations January 26, 2021. The NMSB specifies procedures for a USI of the HPT 1ststage disk and HPT 2nd-stage disk. The FAA reviewed IAE NMSB No. V2500–E5–72–0015, dated December 15, 2020. The NMSB specifies procedures for a USI of the HPT 1ststage disk and HPT 2nd-stage disk. The Director of the Federal Register approved IAE NMSB V2500–ENG–72– 0713, Revision 1, dated January 26, 2021 and IAE NMSB V2500–E5–72–0015, dated December 15, 2020, for incorporation by reference as of July 13, 2021 (86 FR 30380, June 8, 2021). This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES. AD Requirements This AD requires the performance of a USI of the HPT 1st-stage disk and HPT 2nd-stage disk and, depending on the results of the inspections, replacement of the HPT 1st-stage disk or HPT 2ndstage disk with a part eligible for installation. Justification for Immediate Adoption and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies foregoing notice and comment prior to adoption of this rule. On March 18, 2020, an Airbus Model A321–231 airplane, powered by IAE V2533–A5 model turbofan engines, experienced an uncontained HPT 1ststage disk failure that resulted in an aborted takeoff. The uncontained failure of the HPT 1st-stage disk resulted in high-energy debris penetrating the engine cowling. Based on a review of investigative findings performed since that event, the manufacturer has identified a high-risk population of affected HPT 1st-stage and HPT 2ndstage disks that are affected by the same unsafe condition and require USI and, depending on the results of the USI, removal from service. The FAA considers the risk of an uncontained HPT disk failure to be an urgent safety issue. USI of the HPT 1ststage and 2nd-stage disks must be accomplished between 100 FCs and 620 FCs after the effective date of this AD to prevent additional HPT disk failures and maintain an acceptable level of safety. This unsafe condition, caused by an uncontained HPT 1st-stage disk and HPT 2nd-stage disk failure, may result in damage to the engine, damage to the airplane, and loss of the airplane. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forego notice and comment. Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2021–0544 and Project Identifier AD–2021–00642– E’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. 38411 Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to https:// www.regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI should be sent to Alberto Hernandez, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Regulatory Flexibility Act The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because FAA has determined that it has good cause to adopt this rule without prior notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 112 engines installed on airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: jbell on DSKJLSW7X2PROD with RULES ESTIMATED COSTS Action Labor cost Ultrasonic inspection (includes actions necessary to disassemble the engine). 204 work-hours × $85 per hour = $17,340 .... The FAA estimates the following costs to do any necessary replacement VerDate Sep<11>2014 15:58 Jul 20, 2021 Jkt 253001 that would be required based on the results of the inspection. The agency has PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 Cost per product Parts cost $0 $17,340 Cost on U.S. operators $1,942,080 no way of determining the number of E:\FR\FM\21JYR1.SGM 21JYR1 38412 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations aircraft that might need this replacement: ON-CONDITION COSTS Action Labor cost Replace the HPT 1st-stage disk or HPT 2nd-stage disk. 0 work-hours × $85 per hour = $0 ............................... The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. 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. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. jbell on DSKJLSW7X2PROD with RULES Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, and (2) Will not affect intrastate aviation in Alaska. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Amendment Accordingly, under the authority delegated to me by the Administrator, VerDate Sep<11>2014 15:58 Jul 20, 2021 Jkt 253001 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 airworthiness directive: ■ 2021–14–19 International Aero Engines AG: Amendment 39–21646; Docket No. FAA–2021–0544; Project Identifier AD– 2021–00642–E. (a) Effective Date This airworthiness directive (AD) is effective August 5, 2021. (b) Affected ADs None. (c) Applicability This AD applies to International Aero Engines AG (IAE) V2522–A5, V2524–A5, V2525–D5, V2527–A5, V2527E–A5, V2527M–A5, V2528–D5, V2530–A5, V2531– E5, and V2533–A5 model turbofan engines with an installed: (1) High-pressure turbine (HPT) 1st-stage disk, part number (P/N) 2A5001, with a serial number (S/N) listed in Accomplishment Instructions, Table 1, of Pratt & Whitney (P&W) Special Instruction (SI) No. 112F–21, dated May 24, 2021 (P&W SI No. 112F–21); or (2) HPT 2nd-stage disk, P/N 2A4802, with an S/N listed in Accomplishment Instructions, Table 2, of P&W SI No. 112F– 21, or S/N listed in Accomplishment Instructions, Table 1, P&W SI No. 114F–21, dated May 24, 2021 (P&W SI No. 114F–21). (d) Subject Joint Aircraft System Component (JASC) Code 7250, Turbine Section. (e) Unsafe Condition This AD was prompted by a review of investigative findings from an event involving an uncontained failure of a HPT 1st-stage disk that resulted in high-energy debris penetrating the engine cowling. The FAA is issuing this AD to prevent failure of the HPT 1st-stage disk and HPT 2nd-stage disk. The unsafe condition, if not addressed, could result in uncontained HPT disk failure, damage to the engine, damage to the airplane, and loss of the airplane. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Parts cost $300,000 Cost per product $300,000 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) For an HPT 1st-stage disk, P/N 2A5001, with an S/N listed in Accomplishment Instructions, Table 1, of P&W SI No. 112F– 21, that has been installed at any time in an IAE V2527E–A5, V2527M–A5, V2528–D5, V2530–A5, or V2533–A5 model turbofan engine during operation, within 100 flight cycles (FCs) after the effective date of this AD, perform an ultrasonic inspection (USI) of the HPT 1st-stage disk using the Accomplishment Instructions, paragraph 6, of IAE NMSB V2500–ENG–72–0713, Revision 1. (2) For an HPT 1st-stage disk, P/N 2A5001, with an S/N listed in Accomplishment Instructions, Table 1, of P&W SI No. 112F– 21, that has only been installed in an IAE V2522–A5, V2524–A5, V2525–D5, or V2527– A5 model turbofan engine during operation, within 220 FCs after the effective date of this AD, perform a USI of the HPT 1st-stage disk using the Accomplishment Instructions, paragraph 6, of IAE NMSB V2500–ENG–72– 0713, Revision 1. (3) For an HPT 2nd-stage disk, P/N 2A4802, with an S/N listed in Accomplishment Instructions, Table 2, of P&W SI No. 112F–21, that has been installed at any time in an IAE V2527E–A5, V2527M– A5, V2528–D5, V2530–A5, or V2533–A5 model turbofan engine during operation, within 385 FCs after the effective date of this AD, perform a USI of the HPT 2nd-stage disk using the Accomplishment Instructions, paragraph 7, of IAE NMSB V2500–ENG–72– 0713, Revision 1. (4) For an HPT 2nd-stage disk, P/N 2A4802, with an S/N listed in Accomplishment Instructions, Table 2, of P&W SI No. 112F–21, that has only been installed in an IAE V2522–A5, V2524–A5, V2525–D5, or V2527–A5 model turbofan engine during operation, within 620 FCs after the effective date of this AD, perform a USI of the HPT 2nd-stage disk using the Accomplishment Instructions, paragraph 7, of IAE NMSB V2500–ENG–72–0713, Revision 1. (5) For an HPT 2nd-stage disk, P/N 2A4802, with an S/N listed in Accomplishment Instructions, Table 1, of P&W SI No. 114F–21, that has only been installed in an IAE V2531–E5 model turbofan engine during operation, within 385 FCs after the effective date of this AD, perform a USI of the HPT 2nd-stage disk using the Accomplishment Instructions, paragraph 7, of IAE NMSB V2500–E5–72–0015. E:\FR\FM\21JYR1.SGM 21JYR1 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations (6) If, during the USI required by paragraphs (g)(1) through (5) of this AD, a HPT 1st-stage disk or HPT 2nd-stage disk does not pass the inspection as specified in the Accomplishment Instructions, paragraph 8, of IAE NMSB V2500–ENG–72–0713, Revision 1, or IAE NMSB V2500–E5–72– 0015, as applicable, before further flight, remove the HPT 1st-stage disk or 2nd-stage disk, as applicable, from service and replace with a part eligible for installation. (h) Definition For the purpose for this AD, a ‘‘part eligible for installation’’ is: (1) An HPT 1st-stage disk or HPT 2nd-stage disk listed in Appendix A, Tables 1 and 2, of IAE NMSB V2500–ENG–72–0713, Revision 1, or Appendix A, Tables 1 and 2, of IAE NMSB V2500–E5–72–0015, that passed the USI required by paragraphs (g)(1) through (5) of this AD; or (2) An HPT 1st-stage disk or HPT 2nd-stage disk that is not listed in Appendix A, Tables 1 and 2, of IAE NMSB V2500–ENG–72–0713, Revision 1, or Appendix A, Tables 1 and 2, of IAE NMSB V2500–E5–72–0015. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, ECO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in Related Information. You may email your request to: ANE-AD-AMOC@ faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. jbell on DSKJLSW7X2PROD with RULES (j) Related Information For more information about this AD, contact Alberto Hernandez, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: (781) 238–7329; fax: (781) 238–7199; email: Alberto.J.Hernandez@faa.gov. (k) 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 August 5, 2021. (i) Pratt & Whitney (P&W) Special Instruction (SI) No. 112F–21, dated May 24, 2021. (ii) P&W SI No. 114F–21, dated May 24, 2021. (4) The following service information was approved for IBR on July 13, 2021 (86 FR 30380, June 8, 2021). (i) International Aero Engines (IAE) NonModification Service Bulletin (NMSB) No. VerDate Sep<11>2014 15:58 Jul 20, 2021 Jkt 253001 V2500–ENG–72–0713, Revision 1, dated January 26, 2021. (ii) IAE NMSB No. V2500–E5–72–0015, dated December 15, 2020. (5) For service information identified in this AD, contact International Aero Engines AG, 400 Main Street, East Hartford, CT 06118; phone: (800) 565–0140; email: help24@pw.utc.com; website: https:// fleetcare.pw.utc.com. (6) You may view this service information at FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (781) 238–7759. (7) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email: fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ ibr-locations.html. Issued on July 15, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–15486 Filed 7–16–21; 4:15 pm] BILLING CODE 4910–13–P POSTAL SERVICE 39 CFR Part 233 Mail Screening Regulations Postal Service. Final rule. AGENCY: ACTION: The Postal Service is amending its regulations regarding the screening of mail to be consistent with aviation regulations regarding the transportation of mail via aircraft; continue to enhance the security and ensure the safety of all persons and property onboard aircraft carrying mail; and prevent and deter the carriage of unauthorized explosives, incendiaries, or other destructive substances or items in the mail or in postal products transported onboard aircraft. DATES: This rule is effective August 20, 2021. FOR FURTHER INFORMATION CONTACT: Amber Jordan, Inspector Attorney, arjordan@uspis.gov, (202) 268–7812. SUPPLEMENTARY INFORMATION: On May 24, 2021, the Postal Service published a Federal Register Notice (86 FR 27823) with a proposed rule to update Postal Service regulations regarding the screening of mail. The circumstances which created the need for the update were as follows: (1) 39 CFR 233.11 was published as a final rule on February 28, 1996; (2) since the publication of 39 CFR 233.11, no updates had been made; (3) after February 28, 1996, changes SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 38413 were made to 49 U.S.C. 44901 requiring the screening of all items, including United States mail, transported via aircraft; and (4) an update is required to ensure it is consistent with title 49 of the Code of Federal Regulations as it pertains to mail being transported via aircraft. Therefore, this final rule modifies the Postal Service regulations regarding the screening of mail to make said regulations: (1) More consistent with aviation regulations regarding the transportation of mail via aircraft; (2) continue to enhance the security and ensure the safety of all persons and property onboard aircraft carrying mail; and (3) continue to prevent and deter the carriage of unauthorized explosives, incendiaries, or other destructive substances or items in the mail or in postal products transported onboard aircraft. In response to the proposed rule to update mail screening regulations, the Postal Service received comments and feedback. The comments and feedback can be grouped into four areas: (I) Term clarity (II) clarification of the methods for air carriers to request and obtain authority to screen U.S. mail, (III) procedures for screening, and (IV) a defined effective date. (I) Term Clarity Term(s): Undeclared hazardous materials, undeclared dangerous goods. Some comments sought clarification as to what items would be included in the phrase unauthorized explosives, incendiaries, or other destructive substances. Of specific interest was whether this phrase and the revised regulation in general would apply to undeclared hazardous materials and undeclared dangerous goods. This phrase must also be taken together with language noting screening must be capable of identifying explosives, nonmailable firearms, or other dangerous contents in the mails that are destructive or could endanger life or property. It is the intent of the Postal Service to encompass declared and undeclared goods as the dangerous nature of these items is unrelated to whether they have been declared. Additionally, with respect to the definition of hazardous material, explosives, dangerous goods and the concept of item mailability the Postal Service defines these terms in Publication 52, Hazardous, Restricted, and Perishable Mail and it is the intent of the Postal Service for Publication 52 to be used as a reference source. Term: Sufficient weight to pose a threat. The Postal Service notes that sufficient weight to pose a threat is a E:\FR\FM\21JYR1.SGM 21JYR1

Agencies

[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Rules and Regulations]
[Pages 38410-38413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15486]



[[Page 38410]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0544; Project Identifier AD-2021-00642-E; 
Amendment 39-21646; AD 2021-14-19]
RIN 2120-AA64


Airworthiness Directives; International Aero Engines AG Turbofan 
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain International Aero Engines AG (IAE) V2500 model turbofan 
engines. This AD was prompted by a review of investigative findings 
from an event involving an uncontained failure of a high-pressure 
turbine (HPT) 1st-stage disk that resulted in high-energy debris 
penetrating the engine cowling. This AD requires performance of an 
ultrasonic inspection (USI) of the HPT 1st-stage disk and HPT 2nd-stage 
disk and, depending on the results of the inspections, replacement of 
the HPT 1st-stage disk or HPT 2nd-stage disk with a part eligible for 
installation. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective August 5, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 5, 
2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of July 
13, 2021 (86 FR 30380, June 8, 2021).
    The FAA must receive comments on this AD by September 7, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
International Aero Engines AG, 400 Main Street, East Hartford, CT 
06118; phone: (800) 565-0140; email: [email protected]; website: https://fleetcare.pw.utc.com. You may view this service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 1200 
District Avenue, Burlington, MA 01803. For information on the 
availability of this material at the FAA, call (781) 238-7759. It is 
also available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0544.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0544; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, any 
comments received, and other information. The street address for the 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Alberto Hernandez, Aviation Safety 
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; 
phone: (781) 238-7329; fax: (781) 238-7199; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On March 18, 2020, an Airbus Model A321-231 airplane, powered by 
IAE V2533-A5 model turbofan engines, experienced an uncontained HPT 
1st-stage disk failure that resulted in an aborted takeoff. The 
uncontained failure of the HPT 1st-stage disk resulted in high-energy 
debris penetrating the engine cowling. The FAA published Emergency AD 
2020-07-51 on March 21, 2020 (followed by publication in the Federal 
Register on April 13, 2020, as a Final Rule, Request for Comments (85 
FR 20402)) and AD 2021-01-03 on January 6, 2021 (86 FR 458) to remove 
from service HPT 1st-stage and HPT 2nd-stage disks identified as having 
the highest risk of failure.
    Based on the root cause analysis performed since that event, the 
manufacturer identified a population of HPT 1st-stage disks and HPT 
2nd-stage disks that require inspection and possible removal from 
service. In response, the FAA published AD 2021-11-15 on June 8, 2021 
(86 FR 30380) to require performance of a USI on affected HPT 1st-stage 
disks and HPT 2nd-stage disks and, depending on the results of the USI, 
removal of the affected HPT disks from service. Compliance time for 
performance of the USI in AD 2021-11-15 is based on the specific IAE 
V2500 model turbofan engine on which the HPT 1st-stage or 2nd-stage 
disk is installed and is required to be performed at the next engine 
shop visit or between 3,200-6,700 flight cycles (FCs), depending on the 
model turbofan engine, after the effective date of the AD, whichever 
occurs first.
    Based on the review of investigative findings from this March 2020 
event, the manufacturer identified a high-risk subpopulation of parts 
that require urgent inspection. The FAA, therefore, published Emergency 
AD 2021-11-51 on May 21, 2021 (followed by publication in the Federal 
Register on July 2, 2021, as a Final Rule, Request for Comments (86 FR 
35217)) requiring performance of a USI within 10 FCs on the highest-
risk HPT 1st-stage disks and HPT 2nd-stage disks and, depending on the 
results of the USI, removal of the affected HPT disks from service. The 
FAA is now publishing this AD to require performance of a USI on the 
remaining high-risk subpopulation of affected HPT 1st-stage disks and 
HPT 2nd-stage disks and, depending on the results of the USI, removal 
of the affected HPT disks from service. Compliance time is between 100 
and 620 FCs after the effective date of this AD and is based on the 
specific V2500 IAE turbofan engine model on which the affected disks 
are, or have been, installed.
    This condition, if not addressed, could result in uncontained HPT 
disk failure, damage to the engine, damage to the airplane, and loss of 
the airplane. The FAA is issuing this AD to address the unsafe 
condition on these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pratt & Whitney (P&W) Special Instruction (SI) No. 
112F-21, dated May 24, 2021. The SI identifies the affected HPT 1st-
stage disks and HPT 2nd-stage disks installed on IAE V2522-A5, V2524-
A5, V2525-D5, V2527-A5, V2527E-A5, V2527M-A5, V2528-D5, V2530-A5, and 
V2533-A5 model turbofan engines.
    The FAA reviewed P&W SI No. 114F-21, dated May 24, 2021. The SI 
identifies the affected HPT 2nd-stage disks installed on IAE V2531-E5 
model turbofan engines.
    The FAA reviewed IAE NMSB No. V2500-ENG-72-0713, Revision 1, dated

[[Page 38411]]

January 26, 2021. The NMSB specifies procedures for a USI of the HPT 
1st-stage disk and HPT 2nd-stage disk.
    The FAA reviewed IAE NMSB No. V2500-E5-72-0015, dated December 15, 
2020. The NMSB specifies procedures for a USI of the HPT 1st-stage disk 
and HPT 2nd-stage disk.
    The Director of the Federal Register approved IAE NMSB V2500-ENG-
72-0713, Revision 1, dated January 26, 2021 and IAE NMSB V2500-E5-72-
0015, dated December 15, 2020, for incorporation by reference as of 
July 13, 2021 (86 FR 30380, June 8, 2021). This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
ADDRESSES.

AD Requirements

    This AD requires the performance of a USI of the HPT 1st-stage disk 
and HPT 2nd-stage disk and, depending on the results of the 
inspections, replacement of the HPT 1st-stage disk or HPT 2nd-stage 
disk with a part eligible for installation.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule.
    On March 18, 2020, an Airbus Model A321-231 airplane, powered by 
IAE V2533-A5 model turbofan engines, experienced an uncontained HPT 
1st-stage disk failure that resulted in an aborted takeoff. The 
uncontained failure of the HPT 1st-stage disk resulted in high-energy 
debris penetrating the engine cowling. Based on a review of 
investigative findings performed since that event, the manufacturer has 
identified a high-risk population of affected HPT 1st-stage and HPT 
2nd-stage disks that are affected by the same unsafe condition and 
require USI and, depending on the results of the USI, removal from 
service.
    The FAA considers the risk of an uncontained HPT disk failure to be 
an urgent safety issue. USI of the HPT 1st-stage and 2nd-stage disks 
must be accomplished between 100 FCs and 620 FCs after the effective 
date of this AD to prevent additional HPT disk failures and maintain an 
acceptable level of safety. This unsafe condition, caused by an 
uncontained HPT 1st-stage disk and HPT 2nd-stage disk failure, may 
result in damage to the engine, damage to the airplane, and loss of the 
airplane. Accordingly, notice and opportunity for prior public comment 
are impracticable and contrary to the public interest pursuant to 5 
U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists 
pursuant to 5 U.S.C. 553(d) for making this amendment effective in less 
than 30 days, for the same reasons the FAA found good cause to forego 
notice and comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0544 and Project Identifier 
AD-2021-00642-E'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Alberto 
Hernandez, Aviation Safety Engineer, ECO Branch, FAA, 1200 District 
Avenue, Burlington, MA 01803. Any commentary that the FAA receives 
which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 112 engines installed on 
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Ultrasonic inspection (includes         204 work-hours x $85 per              $0         $17,340      $1,942,080
 actions necessary to disassemble the    hour = $17,340.
 engine).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacement that would be required based on the results of the 
inspection. The agency has no way of determining the number of

[[Page 38412]]

aircraft that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace the HPT 1st-stage disk or HPT 2nd-      0 work-hours x $85 per hour = $0        $300,000        $300,000
 stage disk.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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 airworthiness 
directive:

2021-14-19 International Aero Engines AG: Amendment 39-21646; Docket 
No. FAA-2021-0544; Project Identifier AD-2021-00642-E.

(a) Effective Date

    This airworthiness directive (AD) is effective August 5, 2021.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to International Aero Engines AG (IAE) V2522-A5, 
V2524-A5, V2525-D5, V2527-A5, V2527E-A5, V2527M-A5, V2528-D5, V2530-
A5, V2531-E5, and V2533-A5 model turbofan engines with an installed:
    (1) High-pressure turbine (HPT) 1st-stage disk, part number (P/
N) 2A5001, with a serial number (S/N) listed in Accomplishment 
Instructions, Table 1, of Pratt & Whitney (P&W) Special Instruction 
(SI) No. 112F-21, dated May 24, 2021 (P&W SI No. 112F-21); or
    (2) HPT 2nd-stage disk, P/N 2A4802, with an S/N listed in 
Accomplishment Instructions, Table 2, of P&W SI No. 112F-21, or S/N 
listed in Accomplishment Instructions, Table 1, P&W SI No. 114F-21, 
dated May 24, 2021 (P&W SI No. 114F-21).

 (d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine 
Section.

 (e) Unsafe Condition

    This AD was prompted by a review of investigative findings from 
an event involving an uncontained failure of a HPT 1st-stage disk 
that resulted in high-energy debris penetrating the engine cowling. 
The FAA is issuing this AD to prevent failure of the HPT 1st-stage 
disk and HPT 2nd-stage disk. The unsafe condition, if not addressed, 
could result in uncontained HPT disk failure, damage to the engine, 
damage to the airplane, and loss of the airplane.

 (f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

 (g) Required Actions

    (1) For an HPT 1st-stage disk, P/N 2A5001, with an S/N listed in 
Accomplishment Instructions, Table 1, of P&W SI No. 112F-21, that 
has been installed at any time in an IAE V2527E-A5, V2527M-A5, 
V2528-D5, V2530-A5, or V2533-A5 model turbofan engine during 
operation, within 100 flight cycles (FCs) after the effective date 
of this AD, perform an ultrasonic inspection (USI) of the HPT 1st-
stage disk using the Accomplishment Instructions, paragraph 6, of 
IAE NMSB V2500-ENG-72-0713, Revision 1.
    (2) For an HPT 1st-stage disk, P/N 2A5001, with an S/N listed in 
Accomplishment Instructions, Table 1, of P&W SI No. 112F-21, that 
has only been installed in an IAE V2522-A5, V2524-A5, V2525-D5, or 
V2527-A5 model turbofan engine during operation, within 220 FCs 
after the effective date of this AD, perform a USI of the HPT 1st-
stage disk using the Accomplishment Instructions, paragraph 6, of 
IAE NMSB V2500-ENG-72-0713, Revision 1.
    (3) For an HPT 2nd-stage disk, P/N 2A4802, with an S/N listed in 
Accomplishment Instructions, Table 2, of P&W SI No. 112F-21, that 
has been installed at any time in an IAE V2527E-A5, V2527M-A5, 
V2528-D5, V2530-A5, or V2533-A5 model turbofan engine during 
operation, within 385 FCs after the effective date of this AD, 
perform a USI of the HPT 2nd-stage disk using the Accomplishment 
Instructions, paragraph 7, of IAE NMSB V2500-ENG-72-0713, Revision 
1.
    (4) For an HPT 2nd-stage disk, P/N 2A4802, with an S/N listed in 
Accomplishment Instructions, Table 2, of P&W SI No. 112F-21, that 
has only been installed in an IAE V2522-A5, V2524-A5, V2525-D5, or 
V2527-A5 model turbofan engine during operation, within 620 FCs 
after the effective date of this AD, perform a USI of the HPT 2nd-
stage disk using the Accomplishment Instructions, paragraph 7, of 
IAE NMSB V2500-ENG-72-0713, Revision 1.
    (5) For an HPT 2nd-stage disk, P/N 2A4802, with an S/N listed in 
Accomplishment Instructions, Table 1, of P&W SI No. 114F-21, that 
has only been installed in an IAE V2531-E5 model turbofan engine 
during operation, within 385 FCs after the effective date of this 
AD, perform a USI of the HPT 2nd-stage disk using the Accomplishment 
Instructions, paragraph 7, of IAE NMSB V2500-E5-72-0015.

[[Page 38413]]

    (6) If, during the USI required by paragraphs (g)(1) through (5) 
of this AD, a HPT 1st-stage disk or HPT 2nd-stage disk does not pass 
the inspection as specified in the Accomplishment Instructions, 
paragraph 8, of IAE NMSB V2500-ENG-72-0713, Revision 1, or IAE NMSB 
V2500-E5-72-0015, as applicable, before further flight, remove the 
HPT 1st-stage disk or 2nd-stage disk, as applicable, from service 
and replace with a part eligible for installation.

 (h) Definition

    For the purpose for this AD, a ``part eligible for 
installation'' is:
    (1) An HPT 1st-stage disk or HPT 2nd-stage disk listed in 
Appendix A, Tables 1 and 2, of IAE NMSB V2500-ENG-72-0713, Revision 
1, or Appendix A, Tables 1 and 2, of IAE NMSB V2500-E5-72-0015, that 
passed the USI required by paragraphs (g)(1) through (5) of this AD; 
or
    (2) An HPT 1st-stage disk or HPT 2nd-stage disk that is not 
listed in Appendix A, Tables 1 and 2, of IAE NMSB V2500-ENG-72-0713, 
Revision 1, or Appendix A, Tables 1 and 2, of IAE NMSB V2500-E5-72-
0015.

 (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
certification office, send it to the attention of the person 
identified in Related Information. You may email your request to: 
[email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

 (j) Related Information

    For more information about this AD, contact Alberto Hernandez, 
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: (781) 238-7329; fax: (781) 238-7199; 
email: [email protected].

 (k) 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 
August 5, 2021.
    (i) Pratt & Whitney (P&W) Special Instruction (SI) No. 112F-21, 
dated May 24, 2021.
    (ii) P&W SI No. 114F-21, dated May 24, 2021.
    (4) The following service information was approved for IBR on 
July 13, 2021 (86 FR 30380, June 8, 2021).
    (i) International Aero Engines (IAE) Non-Modification Service 
Bulletin (NMSB) No. V2500-ENG-72-0713, Revision 1, dated January 26, 
2021.
    (ii) IAE NMSB No. V2500-E5-72-0015, dated December 15, 2020.
    (5) For service information identified in this AD, contact 
International Aero Engines AG, 400 Main Street, East Hartford, CT 
06118; phone: (800) 565-0140; email: [email protected]; website: 
https://fleetcare.pw.utc.com.
    (6) You may view this service information at FAA, Airworthiness 
Products Section, Operational Safety Branch, 1200 District Avenue, 
Burlington, MA 01803. For information on the availability of this 
material at the FAA, call (781) 238-7759.
    (7) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 15, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-15486 Filed 7-16-21; 4:15 pm]
BILLING CODE 4910-13-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.