Federal Register - December 16, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Rules and Regulations
Where EASA AD 20210245 requires compliance from its effective date, this AD requires using the effective date of this AD. This AD does not mandate compliance with the Remarks section of EASA AD 20210245.
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 seeking comment prior to the issuance. Further, section 553d 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 waiving notice and comment prior to adoption of this rule. Following occurrences of single engine loss of engine thrust, the manufacturer determined that a subset of RRD RB211 Trent model turbofan engines have been exposed to unacceptable levels of water contamination. This water contamination may cause corrosion on the fuel pump internal components, leading to debris release and filter blockage in variable stator vane actuator control units. These fuel pumps have the highest risk of failure and require removal within 30 days of the effective date of this AD to prevent failure of the variable stator vane system and maintain an acceptable level of safety.
The FAA considers failure of a variable stator vane system in the closed position to be an urgent safety issue that requires immediate action to avoid loss of engine thrust or in-flight engine shutdown. In addition, the compliance time for the required action is shorter than the time necessary for the public to comment and for publication of the final rule.
Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553b3B.
In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forego notice and comment.
Interim Action
Comments Invited
The FAA considers this AD to be an interim action. If further action is later identified, the FAA may consider additional rulemaking.
The FAA invites you to send any written relevant data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include Docket No.
FAA20211072; Project Identifier MCAI202101248E at the beginning of your comments. The most helpful comments reference a specific portion of
the fuel pump and identifies the population of affected fuel pumps.
AD Requirements This AD requires accomplishing the actions specified in EASA AD 2021
0245, described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD and except as discussed under Differences Between this AD and the MCAI.
Explanation of Required Compliance Information In the FAAs ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation authority CAA
ADs as the primary source of information for compliance with requirements for corresponding FAA
ADs. The FAA has since coordinated with other manufacturers and CAAs to use this process. As a result, EASA AD
20210245 will be incorporated by reference in this final rule. This AD, therefore, requires compliance with EASA AD 20210245 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Using common terms that are the same as the heading of a particular section in EASA
AD 20210245 does not mean that operators need comply only with that section. For example, where the AD
requirement refers to all required actions and compliance times, compliance with this AD requirement is not limited to the section titled Required Actions and Compliance Times in EASA AD 20210245.
Service information required by EASA
AD 20210245 for compliance will be available at https www.regulations.gov by searching for and locating Docket No.
FAA20211072.
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Differences Between This AD and the EASA AD
Justification for Immediate Adoption and Determination of the Effective Date Section 553b3B of the Administrative Procedure Act APA 5
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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 Nicholas Paine, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803. Any commentary that the FAA receives that 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 the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required.
Costs of Compliance The FAA estimates that this AD
affects one engine installed on airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:
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