Discussion \n\n\n\tThe European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA AD 2020-0124, dated May 29, 2020 (referred to after this as ''the MCAI''), to address an unsafe condition for the specified products. The MCAI states: \n\n\n\tAn unexpected reduction in fuel pump performance has been seen during testing of high life units. Strip examination of these fuel pumps has identified that life related wear-out of the internal components is causing deterioration in pump efficiency. The effect of the loss of fuel pump efficiency is more pronounced on higher rated engines. \n\tThis condition, if not corrected, could lead to reduced engine thrust, possibly resulting in reduced control of the aeroplane. \n\tTo address this potential unsafe condition, Rolls-Royce published the NMSB to provide instructions for replacement of the affected parts before exceeding reduced life limits.For the reasons described above, this (EASA) AD requires removal from service of the affected parts. \n\n\n\tYou may obtain further information by examining the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-0612. \n\nRelated Service Information \n\n\n\tThe FAA reviewed Rolls-Royce plc (RR) Alert Non-Modification Service Bulletin (NMSB) Trent 1000 73-AK581, dated May 12, 2020. The Alert NMSB introduces a reduced life limit for fuel pumps installed on affected engines. \n\nFAA's Determination \n\n\n\tThis product has been approved by EASA and is approved for operation in the United States. Pursuant to our bilateral agreement with the European Community, EASA has notified us of the unsafe condition described in the MCAI. The FAA is issuing this AD because it evaluated all the relevant information provided by EASA and determined the unsafe condition described previously is likely to exist or develop in other productsof the same type design. \n\nAD Requirements \n\n\n\tThis AD requires removal of the affected fuel pump and its replacement with a part eligible for installation. \n\nDifferences Between This AD and the Service Information \n\n\n\tRR Alert NMSB Trent 1000 73-AK581, dated May 12, 2020, recommends removal of D2-rated engine fuel pumps with more than 17,000 hours (or 5,200 cycles) by May 31, 2020, and more than 16,000 hours (or 4,900 cycles) by June 30, 2020, or within 3 engine flight cycles, whichever is later. Since this AD will become effective after the RRD recommended compliance date of June 30, 2020, this AD requires removal of D2-rated engine fuel pumps before exceeding 16,000 hours time in service or 4,900 engine cycles since new or since last overhaul. This AD also provides a 30-day grace period for compliance. \n\nFAA's Justification and Determination of the Effective Date \n\n\n\tSection 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C.) 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 \n\n((Page 38313)) \n\nto the public interest.'' Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to make rules effective in less than 30 days, upon a finding of good cause. \n\tAn 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. An unexpected reduction in fuel pump performance was seen during testing of high life fuel pumps. The reduced fuel pump performance could lead to reduced engine thrust, resulting in reduced control of the airplane. These fuel pumps must be removed and replaced before exceeding the reduced life-limits or within 30 days after the effective date of this AD, whichever occurs later. \n\tThe FAA considers the removal of these fuel pumps from service to be an urgent safety issue. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the reasons stated above, 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. \n\nComments Invited \n\n\n\tThis AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, the FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2020- 0612 and Project Identifier MCAI-2020-00674-E at the beginning of your comments. The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of this final rule. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. \n\tExcept 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 FAA will also post a report summarizing each substantive verbal contact received about this final rule. \n\nConfidential Business Information \n\n\n\tConfidential 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 final rule 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 final rule, 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 final rule. Submissions containing CBI should be sent to Stephen Elwin, Aerospace 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. \n\nRegulatory Flexibility Act \n\n\n\tThe 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 rulewithout notice and comment, RFA analysis is not required. \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 11 engines installed on airplanes of U.S. registry. \n\tThe FAA estimates the following costs to comply with this AD: \n\n\n\tEstimated Costs ---------------------------------------------------------------------------------------------------------------- \n\tCost per Cost on U.S. \n\tAction Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Remove and replace fuel pump.......... 3 work-hours x $85 per $393,552 $393,807 $4,331,877 \n\thour = $255. ---------------------------------------------------------------------------------------------------------------- \n\n\n\tAccording to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. The FAA does not control warranty coverage for affected individuals. As a result, the FAA has included all costs in our cost estimate. \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\tThe 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. \n\nRegulatory Findings \n\n\n\tThis 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. \n\tFor the reasons discussed above, I certify this AD: \n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, and \n\t(2) Will not affect intrastate aviation in Alaska. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.