Airworthiness Directives; General Electric Company Turbofan Engines, 51792-51795 [2021-20042]
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51792
Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) 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 fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on August 25, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–20035 Filed 9–16–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0919; Project
Identifier 2019–NE–24–AD; Amendment 39–
21714; AD 2021–18–13]
RIN 2120–AA64
Airworthiness Directives; General
Electric Company Turbofan Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
General Electric Company (GE) CF34–8
model turbofan engines with a certain
outer shell combustion liner
(combustion outer liner shell) installed.
This AD was prompted by two in-flight
engine shutdowns (IFSDs) that occurred
as a result of failures of the combustion
outer liner shell. This AD requires a
borescope inspection (BSI) or visual
inspection of the combustion outer liner
shell and, depending on the results of
the inspection, possible replacement of
the combustion outer liner shell. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective October 22,
2021.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 22, 2021.
ADDRESSES: For service information
identified in this final rule, contact
General Electric Company, GE Aviation,
Room 285, 1 Neumann Way, Cincinnati,
OH 45215; phone: (513) 552–3272;
email: aviation.fleetsupport@ge.com.
You may view this service information
at the FAA, Airworthiness Products
Section, Operational Safety Branch,
SUMMARY:
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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–2019–0919.
Air, and the Air Line Pilots Association,
International (ALPA). The following
presents the comments received on the
NPRM and the FAA’s response to each
comment.
Request To Change the Initial
Compliance Time
Examining the AD Docket
Horizon Air requested the FAA revise
the initial inspection threshold in
You may examine the AD docket at
proposed paragraph (g)(2) of the NPRM
https://www.regulations.gov by
to ‘‘17,499 flight hours (FHs) time since
searching for and locating Docket No.
FAA–2019–0919; or in person at Docket new (TSN) or time since repair (TSR), or
12,000 flight cycles (FCs) TSN or TSR,
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal whichever occurs later.’’ Horizon Air
reasoned that the initial inspection
holidays. The AD docket contains this
threshold in paragraph (g)(2) of the
final rule, any comments received, and
proposed AD would unfairly penalize
other information. The address for
Docket Operations is U.S. Department of operators, like Horizon Air, with high
FH to FC ratios. Horizon Air further
Transportation, Docket Operations, M–
stated that using the higher FH to FC
30, West Building Ground Floor, Room
ratios, the proposed 17,499 FHs TSN or
W12–140, 1200 New Jersey Avenue SE,
TSR inspection threshold would equate
Washington, DC 20590.
to approximately 11,000 engine FCs.
FOR FURTHER INFORMATION CONTACT:
This FC value is substantially below the
Scott Stevenson, Aviation Safety
GE targeted initial engine shop visit
Engineer, ECO Branch, FAA, 1200
District Avenue, Burlington, MA 01803; threshold of 12,000 to 14,000 FCs and
would potentially result in a significant
phone: (781) 238–7132; fax: (781) 238–
7199; email: Scott.M.Stevenson@faa.gov. increase in the number of engine shop
visits over the 6- to 12-year operating
SUPPLEMENTARY INFORMATION:
lifespan of each engine.
The FAA partially agrees. While the
Background
failure mode is partially related to FCs,
The FAA issued a notice of proposed
the compliance is published in FHs to
rulemaking (NPRM) to amend 14 CFR
align with existing maintenance
part 39 by adding an AD that would
intervals. Incorporating both measures
apply to all CF34–8C1, CF34–8C5,
as intervals into this AD is impractical;
CF34–8C5A1, CF34–8C5B1, CF34–
however, operators may request an
8C5A2, CF34–8C5A3, CF34–8E2, CF34– alternative method of compliance
8E2A1, CF34–8E5, CF34–8E5A1, CF34– (AMOC) in accordance with the
8E5A2, CF34–8E6, and CF34–8E6A1
procedures specified in paragraph (k) of
model turbofan engines with a certain
this AD to use alternate intervals. The
combustion outer liner shell installed.
FAA did not change this AD as a result
The NPRM published in the Federal
of this comment.
Register on January 10, 2020 (85 FR
Request To Change the Installation
1292). The NPRM was prompted by
Prohibition
reports of two IFSDs on GE CF34–8C
and –8E model turbofan engines. These
Horizon Air requested the FAA revise
IFSDs were due to the cracking and
paragraph (h), Installation Prohibition,
collapsing of the combustion outer liner as proposed in the NPRM, so it does not
shell, which resulted in thermal distress conflict with the proposed required
of the high-pressure turbine and lowactions specified in paragraph (g)(1) of
pressure turbine (LPT) including burnthe NPRM. Horizon Air stated that
through of the LPT case. In the NPRM,
paragraph (h) of the proposed AD
the FAA proposed to require a BSI or
prohibits installation of a combustion
visual inspection of the combustion
outer liner shell with greater than
outer liner shell and, depending on the
17,500 FHs TSN or TSR, without first
results of the inspection, possible
inspecting it in accordance with
replacement of the combustion outer
paragraph (g)(1) of the proposed AD.
liner shell. The FAA is issuing this AD
However, paragraph (g)(1) of the
to address the unsafe condition on these proposed AD requires inspection of the
products.
combustion outer liner shell within 500
engine FHs TSN or TSR for those
Discussion of Final Airworthiness
combustion outer liner shells that have
Directive
accumulated 17,500 FHs TSN or TSR.
Comments
Horizon Air concluded that the 18,000
FHs TSN or TSR limitation specified in
The FAA received comments from
four commenters. The commenters were paragraph (g)(1) of the proposed AD
conflicts with the 17,500 FHs TSN or
Horizon Air, Japan Airlines, Endeavor
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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations
TSR limit specified in paragraph (h) of
the proposed AD.
The FAA disagrees. The initial
inspection threshold is 17,500 FHs for
affected engines. This AD provides a
grace period of 500 FHs for in-service
engines to prevent the unintentional
grounding of airplanes with affected
engines. The FAA did not change this
AD as a result of this comment.
Request To Include a Terminating
Action
Horizon Air requested the FAA
petition GE for a terminating action to
the inspection requirements in the
proposed AD. Horizon Air commented
the financial cost and maintenance
burden of performing the repetitive
inspections are significant.
The FAA disagrees. The FAA
considers this AD to be interim action
and will consider further rulemaking if
the manufacturer develops a terminating
action. The FAA included all estimated
costs in the Costs of Compliance section
in the preamble of this AD. The FAA
did not change this AD as a result of this
comment.
Request To Revise Service Information
References
Horizon Air, Japan Airlines, and
Endeavor Air requested the FAA update
references to GE CF34–8E Alert Service
Bulletin (SB) 72–A0221 and GE CF34–
8C Alert SB 72–A0335 in the Required
Actions section, paragraph (g), of the
proposed AD. Japan Airlines requested
that GE CF34–8E–AL S/B 72–A0221,
Original Issue, dated June 27, 2019, be
added to the compliance paragraphs
because the Original Issue and R01 have
the same inspection methods and limits.
Horizon Air requested that the FAA
reference only GE CF34–8E Alert SB 72–
A0221 R01 in paragraph (g) of the
proposed AD and add a Previous Credit
section to allow previous compliance
using the Original Issue. Endeavor Air
requested that the FAA reference the
latest revision of GE CF34–8C Alert SB
72–A0335 in proposed paragraph (g).
Endeavor Air indicated that GE planned
to issue R02 of CF34–8C Alert SB 72–
A0335 on February 24, 2020.
The FAA agrees to reference the latest
revision of these Alert SBs, which is
R02 for both GE CF34–8C Alert SB 72–
A0335 and GE CF34–8E Alert SB 72–
A0221, in paragraph (g) of this AD. The
FAA disagrees with the need to
reference prior revisions of these Alert
SBs in paragraphs (g) of this AD but
agrees to add Credit for Previous
Actions, paragraph (j), to this AD to
allow credit for performing inspections
prior to the effective date of this AD.
These changes impose no additional
burden on operators who are required to
comply with this AD.
Request To Clarify Compliance
Japan Airlines requested that the FAA
clarify whether the inspection should
occur ‘‘before’’ or ‘‘within’’ 500 FHs
after the effective date of this AD. Japan
Airlines reasoned that the service
bulletin specifies to inspect ‘‘before’’
500 FHs, while the NPRM proposed to
inspect ‘‘within’’ 500 FHs.
The FAA agrees. The FAA revised
Required Actions, paragraphs (g)(1) and
(2) of this AD to specify, ‘‘before
accumulating 500 engine FHs.’’
Support for the AD
ALPA expressed support for the
NPRM as written.
51793
Conclusion
The FAA reviewed the relevant data,
considered any comments received, and
determined that air safety requires
adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on these
products. Except for minor editorial
changes, and any other changes
described previously, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Related Service Information Under 1
CFR Part 51
The FAA reviewed General Electric
CF34–8C Alert SB 72–A0335 R02 and
General Electric CF34–8E Alert SB 72–
A0221 R02, both dated February 25,
2020. The Alert SBs specify procedures
for performing a BSI of the combustion
outer liner shell. These documents are
distinct since they apply to different
engine models. 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.
Interim Action
The FAA considers this AD to be an
interim action. If final action is later
identified, the FAA might consider
further rulemaking.
Costs of Compliance
The FAA estimates that this AD
affects 1,535 engines installed on
airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this AD:
ESTIMATED COSTS
Action
Labor cost
BSI or visually inspect the combustion outer
liner shell.
3 work-hours × $85 per hour = $255 .............
The FAA estimates the following
costs to do any necessary replacements
that would be required based on the
Cost per
product
Parts cost
results of the inspection. The agency has
no way of determining the number of
$0
$255
Cost on U.S.
operators
$391,425
engines that might need this
replacement:
ON-CONDITION COSTS
Action
Labor cost
Replace the combustion outer liner shell .....................
812 work-hours × $85 per hour = $69,020 ..................
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Parts cost
17SER1
$80,000
Cost per
product
$149,020
51794
Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations
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.
2021–18–13 General Electric Company:
Amendment 39–21714; Docket No.
FAA–2019–0919; Project Identifier
2019–NE–24–AD.
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,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
(e) Unsafe Condition
This AD was prompted by two in-flight
engine shutdowns (IFSDs) that occurred as a
result of failures of the combustion outer
liner shell. The FAA is issuing this AD to
prevent failure of the combustion outer liner
shell. The unsafe condition, if not addressed,
could result in burn-through of the lowpressure turbine case, engine fire, and
damage to the airplane.
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
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:
■
VerDate Sep<11>2014
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(a) Effective Date
This airworthiness directive (AD) is
effective October 22, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to General Electric
Company (GE) CF34–8C1, CF34–8C5, CF34–
8C5A1, CF34–8C5B1, CF34–8C5A2, CF34–
8C5A3, CF34–8E2, CF34–8E2A1, CF34–8E5,
CF34–8E5A1, CF34–8E5A2, CF34–8E6, and
CF34–8E6A1 model turbofan engines with an
outer shell combustion liner (combustion
outer liner shell), part number (P/N)
4124T04G04, P/N 4124T04G05, or P/N
5159T35G02, installed.
(d) Subject
Joint Aircraft System Component (JASC)
Code 7240, Turbine Engine Combustion
Section.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) For an affected engine with a
combustion outer liner shell that on the
effective date of this AD has accumulated
17,500 flight hours (FHs) or greater time
since new (TSN), or time since repair (TSR),
perform an initial borescope inspection (BSI)
or visual inspection of the combustion outer
liner shell for cracks before accumulating 500
engine FHs after the effective date of this AD.
(i) For GE CF34–8C engines, inspect using
the Accomplishment Instructions, paragraphs
3.A.(4) and 3.A.(5), of GE CF34–8C Alert
Service Bulletin (SB) 72–A0335 R02, dated
February 25, 2020 (CF34–8C Alert SB 72–
A0335).
(ii) For GE CF34–8E engines, inspect using
the Accomplishment Instructions, paragraphs
3.A.(4) and 3.A.(5), of GE CF34–8E Alert SB
72–A0221 R02, dated February 25, 2020
(CF34–8E Alert SB 72–A0221).
Note 1 to paragraph (g)(1): GE has
identified the service information as an
‘‘Alert Service Bulletin,’’ which is stated only
in the body of the Alert SB.
(2) For an affected engine with a
combustion outer liner shell that on the
effective date of this AD has accumulated
17,499 FHs or fewer TSN or TSR, before
accumulating 500 engine FHs after the
combustion outer liner shell has accumulated
17,500 FHs TSN or TSR, perform an initial
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BSI or visual inspection on the combustion
outer liner shell for cracks.
(i) For GE CF34–8C engines, inspect using
the Accomplishment Instructions, paragraphs
3.A.(4) and 3.A.(5), of CF34–8C Alert SB 72–
A0335.
(ii) For GE CF34–8E engines, inspect using
the Accomplishment Instructions paragraphs
3.A.(4) and 3.A.(5), of CF34–8E Alert SB 72–
A0221.
(3) For an affected engine with a
combustion outer liner shell for which it is
not possible to determine the TSN or TSR,
use the engine FHs since new to determine
when to perform the initial BSI or visual
inspection.
(4) After the effective date of this AD, and
after the initial inspection required by
paragraph (g)(1) or (2) of this AD, re-inspect
or remove the combustion outer liner shell
using inspection criteria as follows:
(i) For GE CF34–8C engines, use Table 1 of
CF34–8C Alert SB 72–A0335.
(ii) For GE CF34–8E engines, use Table 1
of CF34–8E Alert SB 72–A0221.
(h) Installation Prohibition
After the effective date of this AD, do not
install a combustion outer liner shell with
greater than 17,500 FHs TSN or TSR without
first inspecting the combustion outer liner
shell in accordance with paragraph (g)(1) of
this AD.
(i) Definition
For the purpose of this AD, ‘‘time since
repair (TSR)’’ is the amount of FHs
accumulated on the combustion outer liner
shell since performing GEK 105091 or GEK
112031, 72–44–06, REPAIR 023.
(j) Credit for Previous Actions
You may take credit for any initial BSI or
visual inspection of the combustion outer
liner shell required by paragraphs (g)(1) and
(2) of this AD if you performed the initial BSI
or visual inspection before the effective date
of this AD using:
(1) GE CF34–8C–AL S/B 72–A0335,
Original Issue, dated June 27, 2019;
(2) GE CF34–8C Alert SB 72–A0335 R01,
dated September 23, 2019;
(3) GE CF34–8E–AL S/B 72–A0221,
Original Issue, dated June 27, 2019; or
(4) GE CF34–8E Alert SB 72–A0221 R01,
dated September 23, 2019.
(k) 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.
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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations
(l) Related Information
For more information about this AD,
contact Scott Stevenson, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (781)
238–7132; fax: (781) 238–7199; email:
Scott.M.Stevenson@faa.gov.
Division of Privacy and Identity
Protection, Bureau of Consumer
Protection, Federal Trade Commission,
600 Pennsylvania Avenue NW,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
(m) 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) GE CF34–8C Alert Service Bulletin (SB)
72–A0335 R02, dated February 25, 2020.
(ii) GE CF34–8E Alert SB 72–A0221 R02,
dated February 25, 2020.
(3) For GE service information identified in
this AD, contact General Electric Company,
GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone: (513) 552–
3272; email: aviation.fleetsupport@ge.com.
(4) 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.
(5) 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: fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
I. Background
Issued on August 26, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–20042 Filed 9–16–21; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 640 and 698
RIN 3084–AB63
Duties of Creditors Regarding RiskBased Pricing Rule
Federal Trade Commission.
Final rule.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
is issuing a final rule (‘‘Final Rule’’) to
amend its Duties of Creditors Regarding
Risk-Based Pricing Rule (‘‘Risk-Based
Pricing Rule’’) and its related model
notice to correspond to changes made to
the Fair Credit Reporting Act (‘‘FCRA’’)
by the Dodd-Frank Act and to clarify the
model notice.
DATES: Effective October 18, 2021.
FOR FURTHER INFORMATION CONTACT:
David Lincicum (202–326–2773),
SUMMARY:
VerDate Sep<11>2014
15:31 Sep 16, 2021
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A. The Risk-Based Pricing Rule
The Fair and Accurate Credit
Transactions Act of 2003 (‘‘FACT Act’’)
was signed into law on December 4,
2003. Public Law 108–159, 117 Stat.
1952. Section 311 of the FACT Act
added section 615(h), 15 U.S.C.
1681m(h), to the FCRA to address riskbased pricing. Risk-based pricing refers
to the practice of setting or adjusting the
price and other terms of credit offered
or extended to a particular consumer to
reflect the risk of nonpayment by that
consumer. Information from a consumer
report is often used in evaluating the
risk posed by the consumer. Creditors
that engage in risk-based pricing
generally offer more favorable terms to
consumers with good credit histories
and less favorable terms to consumers
with poor credit histories.
Under section 615(h) of the FCRA, a
person generally must provide a riskbased pricing notice to a consumer
when the person uses a consumer report
in connection with an extension of
credit and, based in whole or in part on
the consumer report, extends credit to
the consumer on terms materially less
favorable than the most favorable terms
available to a substantial proportion of
consumers. The risk-based pricing
notice is designed primarily to improve
the accuracy of consumer reports by
alerting consumers to the existence of
negative information in their consumer
reports so consumers can, if they
choose, check their consumer reports for
accuracy and correct any inaccurate
information. The Federal Reserve Board
and the Commission jointly published
regulations implementing these riskbased pricing provisions on January 15,
2010.1 The Rule was then amended in
July 2011 to include a requirement that,
if a credit score is used in making the
credit decision, the creditor must
disclose that score and certain
information relating to the credit score.2
B. Dodd-Frank Act
The Dodd-Frank Wall Street Reform
and Consumer Protection Act (‘‘DoddFrank Act’’) was signed into law in
2010.3 The Dodd-Frank Act
substantially changed the federal legal
1 75
FR 2723 (January 15, 2010).
FR 41602 (July 15, 2011).
3 Public Law 111–203 (2010).
2 76
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51795
framework for financial services
providers. Among the changes, the
Dodd-Frank Act transferred to the
Consumer Financial Protection Bureau
(‘‘CFPB’’) the Commission’s rulemaking
authority under portions of the FCRA.4
Accordingly, in 2012, the Commission
rescinded several of its FCRA rules,
which had been replaced by rules
issued by the CFPB.5 The FTC retained
rulemaking authority for other rules
promulgated under the Acts to the
extent the rules apply to motor vehicle
dealers described in section 1029(a) of
the Dodd-Frank Act 6 predominantly
engaged in the sale and servicing of
motor vehicles, the leasing and
servicing of motor vehicles, or both.7
The retained rules include the RiskBased Pricing Rule, which now applies
only to motor vehicle dealers that use
consumer reports or credit scores for
risk-based pricing.8 Consumer report or
credit score users that are not motor
vehicle dealers are covered by the
CFPB’s rule.9
II. Regulatory Review of the Risk-Based
Pricing Notice Rule
On October 8, 2020, the Commission
solicited comments on the Risk-Based
Pricing Rule. The Commission sought
information about the costs and benefits
of the Rule, and its regulatory and
economic impact. In addition, the
Commission proposed amending part
640 to narrow the scope of the Rule to
motor vehicle dealers excluded from
Consumer Financial Protection Bureau
jurisdiction as described in the DoddFrank Act and remove examples that
did not apply to motor vehicle dealers.
The Commission received one comment
related to the Risk-Based Pricing Rule.10
III. Overview of Final Rule
A. Scope
The Commission promulgated the
Risk-Based Pricing Rule at a time when
it had rulemaking authority for a
4 15 U.S.C. 1681 et seq. The Dodd-Frank Act does
not transfer to the CFPB rulemaking authority for
section 615(e) of the FCRA (‘‘Red Flag Guidelines
and Regulations Required’’) and section 628 of the
FCRA (‘‘Disposal of Records’’). See 15 U.S.C.
1681s(e).
5 77 FR 22200 (April 13, 2012); 12 U.S.C. 5519.
6 15 U.S.C. 5519.
7 77 FR 22200.
8 Id. The Rule also sets forth requirements for
entities that use credit scores. See, e.g., 16 CFR
640.3(b). For ease of reference, in this
supplementary information section users of
consumer reports includes users of credit scores.
9 12 CFR 1022.70–75.
10 The comments are available at
www.regulations.gov/document/FTC-2020-00720001/comment. The Commission also received two
comments that addressed regulation of lenders and
motor vehicle dealers generally. Both comments
argued such regulation was needed.
E:\FR\FM\17SER1.SGM
17SER1
Agencies
[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Rules and Regulations]
[Pages 51792-51795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20042]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0919; Project Identifier 2019-NE-24-AD; Amendment
39-21714; AD 2021-18-13]
RIN 2120-AA64
Airworthiness Directives; General Electric Company Turbofan
Engines
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
General Electric Company (GE) CF34-8 model turbofan engines with a
certain outer shell combustion liner (combustion outer liner shell)
installed. This AD was prompted by two in-flight engine shutdowns
(IFSDs) that occurred as a result of failures of the combustion outer
liner shell. This AD requires a borescope inspection (BSI) or visual
inspection of the combustion outer liner shell and, depending on the
results of the inspection, possible replacement of the combustion outer
liner shell. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective October 22, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 22,
2021.
ADDRESSES: For service information identified in this final rule,
contact General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone: (513) 552-3272; email:
[email protected]. 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-2019-0919.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0919; 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 address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Scott Stevenson, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone: (781) 238-7132; fax: (781) 238-7199; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all CF34-8C1, CF34-8C5,
CF34-8C5A1, CF34-8C5B1, CF34-8C5A2, CF34-8C5A3, CF34-8E2, CF34-8E2A1,
CF34-8E5, CF34-8E5A1, CF34-8E5A2, CF34-8E6, and CF34-8E6A1 model
turbofan engines with a certain combustion outer liner shell installed.
The NPRM published in the Federal Register on January 10, 2020 (85 FR
1292). The NPRM was prompted by reports of two IFSDs on GE CF34-8C and
-8E model turbofan engines. These IFSDs were due to the cracking and
collapsing of the combustion outer liner shell, which resulted in
thermal distress of the high-pressure turbine and low-pressure turbine
(LPT) including burn-through of the LPT case. In the NPRM, the FAA
proposed to require a BSI or visual inspection of the combustion outer
liner shell and, depending on the results of the inspection, possible
replacement of the combustion outer liner shell. The FAA is issuing
this AD to address the unsafe condition on these products.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from four commenters. The commenters were
Horizon Air, Japan Airlines, Endeavor Air, and the Air Line Pilots
Association, International (ALPA). The following presents the comments
received on the NPRM and the FAA's response to each comment.
Request To Change the Initial Compliance Time
Horizon Air requested the FAA revise the initial inspection
threshold in proposed paragraph (g)(2) of the NPRM to ``17,499 flight
hours (FHs) time since new (TSN) or time since repair (TSR), or 12,000
flight cycles (FCs) TSN or TSR, whichever occurs later.'' Horizon Air
reasoned that the initial inspection threshold in paragraph (g)(2) of
the proposed AD would unfairly penalize operators, like Horizon Air,
with high FH to FC ratios. Horizon Air further stated that using the
higher FH to FC ratios, the proposed 17,499 FHs TSN or TSR inspection
threshold would equate to approximately 11,000 engine FCs. This FC
value is substantially below the GE targeted initial engine shop visit
threshold of 12,000 to 14,000 FCs and would potentially result in a
significant increase in the number of engine shop visits over the 6- to
12-year operating lifespan of each engine.
The FAA partially agrees. While the failure mode is partially
related to FCs, the compliance is published in FHs to align with
existing maintenance intervals. Incorporating both measures as
intervals into this AD is impractical; however, operators may request
an alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k) of this AD to use alternate
intervals. The FAA did not change this AD as a result of this comment.
Request To Change the Installation Prohibition
Horizon Air requested the FAA revise paragraph (h), Installation
Prohibition, as proposed in the NPRM, so it does not conflict with the
proposed required actions specified in paragraph (g)(1) of the NPRM.
Horizon Air stated that paragraph (h) of the proposed AD prohibits
installation of a combustion outer liner shell with greater than 17,500
FHs TSN or TSR, without first inspecting it in accordance with
paragraph (g)(1) of the proposed AD. However, paragraph (g)(1) of the
proposed AD requires inspection of the combustion outer liner shell
within 500 engine FHs TSN or TSR for those combustion outer liner
shells that have accumulated 17,500 FHs TSN or TSR. Horizon Air
concluded that the 18,000 FHs TSN or TSR limitation specified in
paragraph (g)(1) of the proposed AD conflicts with the 17,500 FHs TSN
or
[[Page 51793]]
TSR limit specified in paragraph (h) of the proposed AD.
The FAA disagrees. The initial inspection threshold is 17,500 FHs
for affected engines. This AD provides a grace period of 500 FHs for
in-service engines to prevent the unintentional grounding of airplanes
with affected engines. The FAA did not change this AD as a result of
this comment.
Request To Include a Terminating Action
Horizon Air requested the FAA petition GE for a terminating action
to the inspection requirements in the proposed AD. Horizon Air
commented the financial cost and maintenance burden of performing the
repetitive inspections are significant.
The FAA disagrees. The FAA considers this AD to be interim action
and will consider further rulemaking if the manufacturer develops a
terminating action. The FAA included all estimated costs in the Costs
of Compliance section in the preamble of this AD. The FAA did not
change this AD as a result of this comment.
Request To Revise Service Information References
Horizon Air, Japan Airlines, and Endeavor Air requested the FAA
update references to GE CF34-8E Alert Service Bulletin (SB) 72-A0221
and GE CF34-8C Alert SB 72-A0335 in the Required Actions section,
paragraph (g), of the proposed AD. Japan Airlines requested that GE
CF34-8E-AL S/B 72-A0221, Original Issue, dated June 27, 2019, be added
to the compliance paragraphs because the Original Issue and R01 have
the same inspection methods and limits. Horizon Air requested that the
FAA reference only GE CF34-8E Alert SB 72-A0221 R01 in paragraph (g) of
the proposed AD and add a Previous Credit section to allow previous
compliance using the Original Issue. Endeavor Air requested that the
FAA reference the latest revision of GE CF34-8C Alert SB 72-A0335 in
proposed paragraph (g). Endeavor Air indicated that GE planned to issue
R02 of CF34-8C Alert SB 72-A0335 on February 24, 2020.
The FAA agrees to reference the latest revision of these Alert SBs,
which is R02 for both GE CF34-8C Alert SB 72-A0335 and GE CF34-8E Alert
SB 72-A0221, in paragraph (g) of this AD. The FAA disagrees with the
need to reference prior revisions of these Alert SBs in paragraphs (g)
of this AD but agrees to add Credit for Previous Actions, paragraph
(j), to this AD to allow credit for performing inspections prior to the
effective date of this AD. These changes impose no additional burden on
operators who are required to comply with this AD.
Request To Clarify Compliance
Japan Airlines requested that the FAA clarify whether the
inspection should occur ``before'' or ``within'' 500 FHs after the
effective date of this AD. Japan Airlines reasoned that the service
bulletin specifies to inspect ``before'' 500 FHs, while the NPRM
proposed to inspect ``within'' 500 FHs.
The FAA agrees. The FAA revised Required Actions, paragraphs (g)(1)
and (2) of this AD to specify, ``before accumulating 500 engine FHs.''
Support for the AD
ALPA expressed support for the NPRM as written.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed General Electric CF34-8C Alert SB 72-A0335 R02 and
General Electric CF34-8E Alert SB 72-A0221 R02, both dated February 25,
2020. The Alert SBs specify procedures for performing a BSI of the
combustion outer liner shell. These documents are distinct since they
apply to different engine models. 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.
Interim Action
The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking.
Costs of Compliance
The FAA estimates that this AD affects 1,535 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
----------------------------------------------------------------------------------------------------------------
BSI or visually inspect the combustion 3 work-hours x $85 per $0 $255 $391,425
outer liner shell. hour = $255.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of engines
that might need this replacement:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replace the combustion outer liner shell...... 812 work-hours x $85 per hour = $80,000 $149,020
$69,020.
----------------------------------------------------------------------------------------------------------------
[[Page 51794]]
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,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
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:
2021-18-13 General Electric Company: Amendment 39-21714; Docket No.
FAA-2019-0919; Project Identifier 2019-NE-24-AD.
(a) Effective Date
This airworthiness directive (AD) is effective October 22, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to General Electric Company (GE) CF34-8C1, CF34-
8C5, CF34-8C5A1, CF34-8C5B1, CF34-8C5A2, CF34-8C5A3, CF34-8E2, CF34-
8E2A1, CF34-8E5, CF34-8E5A1, CF34-8E5A2, CF34-8E6, and CF34-8E6A1
model turbofan engines with an outer shell combustion liner
(combustion outer liner shell), part number (P/N) 4124T04G04, P/N
4124T04G05, or P/N 5159T35G02, installed.
(d) Subject
Joint Aircraft System Component (JASC) Code 7240, Turbine Engine
Combustion Section.
(e) Unsafe Condition
This AD was prompted by two in-flight engine shutdowns (IFSDs)
that occurred as a result of failures of the combustion outer liner
shell. The FAA is issuing this AD to prevent failure of the
combustion outer liner shell. The unsafe condition, if not
addressed, could result in burn-through of the low-pressure turbine
case, engine fire, and damage to the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) For an affected engine with a combustion outer liner shell
that on the effective date of this AD has accumulated 17,500 flight
hours (FHs) or greater time since new (TSN), or time since repair
(TSR), perform an initial borescope inspection (BSI) or visual
inspection of the combustion outer liner shell for cracks before
accumulating 500 engine FHs after the effective date of this AD.
(i) For GE CF34-8C engines, inspect using the Accomplishment
Instructions, paragraphs 3.A.(4) and 3.A.(5), of GE CF34-8C Alert
Service Bulletin (SB) 72-A0335 R02, dated February 25, 2020 (CF34-8C
Alert SB 72-A0335).
(ii) For GE CF34-8E engines, inspect using the Accomplishment
Instructions, paragraphs 3.A.(4) and 3.A.(5), of GE CF34-8E Alert SB
72-A0221 R02, dated February 25, 2020 (CF34-8E Alert SB 72-A0221).
Note 1 to paragraph (g)(1): GE has identified the service
information as an ``Alert Service Bulletin,'' which is stated only
in the body of the Alert SB.
(2) For an affected engine with a combustion outer liner shell
that on the effective date of this AD has accumulated 17,499 FHs or
fewer TSN or TSR, before accumulating 500 engine FHs after the
combustion outer liner shell has accumulated 17,500 FHs TSN or TSR,
perform an initial BSI or visual inspection on the combustion outer
liner shell for cracks.
(i) For GE CF34-8C engines, inspect using the Accomplishment
Instructions, paragraphs 3.A.(4) and 3.A.(5), of CF34-8C Alert SB
72-A0335.
(ii) For GE CF34-8E engines, inspect using the Accomplishment
Instructions paragraphs 3.A.(4) and 3.A.(5), of CF34-8E Alert SB 72-
A0221.
(3) For an affected engine with a combustion outer liner shell
for which it is not possible to determine the TSN or TSR, use the
engine FHs since new to determine when to perform the initial BSI or
visual inspection.
(4) After the effective date of this AD, and after the initial
inspection required by paragraph (g)(1) or (2) of this AD, re-
inspect or remove the combustion outer liner shell using inspection
criteria as follows:
(i) For GE CF34-8C engines, use Table 1 of CF34-8C Alert SB 72-
A0335.
(ii) For GE CF34-8E engines, use Table 1 of CF34-8E Alert SB 72-
A0221.
(h) Installation Prohibition
After the effective date of this AD, do not install a combustion
outer liner shell with greater than 17,500 FHs TSN or TSR without
first inspecting the combustion outer liner shell in accordance with
paragraph (g)(1) of this AD.
(i) Definition
For the purpose of this AD, ``time since repair (TSR)'' is the
amount of FHs accumulated on the combustion outer liner shell since
performing GEK 105091 or GEK 112031, 72-44-06, REPAIR 023.
(j) Credit for Previous Actions
You may take credit for any initial BSI or visual inspection of
the combustion outer liner shell required by paragraphs (g)(1) and
(2) of this AD if you performed the initial BSI or visual inspection
before the effective date of this AD using:
(1) GE CF34-8C-AL S/B 72-A0335, Original Issue, dated June 27,
2019;
(2) GE CF34-8C Alert SB 72-A0335 R01, dated September 23, 2019;
(3) GE CF34-8E-AL S/B 72-A0221, Original Issue, dated June 27,
2019; or
(4) GE CF34-8E Alert SB 72-A0221 R01, dated September 23, 2019.
(k) 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.
[[Page 51795]]
(l) Related Information
For more information about this AD, contact Scott Stevenson,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone: (781) 238-7132; fax: (781) 238-7199;
email: [email protected].
(m) 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) GE CF34-8C Alert Service Bulletin (SB) 72-A0335 R02, dated
February 25, 2020.
(ii) GE CF34-8E Alert SB 72-A0221 R02, dated February 25, 2020.
(3) For GE service information identified in this AD, contact
General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone: (513) 552-3272; email:
[email protected].
(4) 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.
(5) 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 August 26, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-20042 Filed 9-16-21; 8:45 am]
BILLING CODE 4910-13-P