Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all PW PW2037, PW2037M, and PW2040 turbofan engines. The NPRM published in the Federal Register on April 11, 2018 (83 FR 15519). The NPRM was prompted by reports of an uncommanded high thrust event that occurred during approach on January 16, 2016, and during landing on April 6, 2016, due to loosening of the MVPV end cap. These uncommanded events were associated with improper maintenance on the MVPV within certain FCUs. The NPRM proposed to require removal of the MVPV for certain FCUs. We are issuing this AD to address the unsafe condition on these products.
Comments
We gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA's response to each comment.
Request To Disallow Repairs
PW and the Boeing Company (Boeing) requested that we remove the allowance in this AD for the repair of the MVPV. The commenters noted that repairs cannot preclude damage to the valve, which could lead to future Loss of Thrust Control (LOTC) events.
We disagree because the repairs allowed by this AD will have a tamper proof feature to secure the end plugs. This feature will preclude the end plug from loosening in service. We did not change this AD.
Request To Increase Number of Affected Engines
PW requested that we revise the number of affected engines in costs of compliance section of this AD from 212 to 253. PW noted that there are 253 FCU serial numbers listed in Table 1 of PW Alert Service Bulletin (ASB) PW2000 A73-172, dated October 16, 2017.
We disagree. Although Table 1 lists 253 affected engines, our cost estimate refers to engines installed on U.S. registered airplanes. Our estimate of this number is 212 engines. We did not change this AD.
Request To Increase Cost Estimate for Parts
PW andDelta Air Lines (Delta) requested that we change the estimated parts cost to $25,482 per engine. The commenters indicated that $25,482 is the cost of a new MVPV.
We partially agree. We revised the Costs of Compliance section of this AD to estimate $25,482 as the cost of a new MVPV. We expect, however, that certain operators will have the MVPV repaired, so we are also are also including an estimate for the cost of a repaired part.
Request To Allow Any Repair to MVPV
Delta requested that we allow any FAA-approved repair to the MVPV for compliance with this AD. Delta explained that the PW MVPV does not have a tamper proof feature so the repair should not require it.
We disagree. The tamper proof feature on the end plugs ensures that the repair includes tightened end plugs and prevents future tampering or loosening during regular maintenance. The manufacturer's design does not have this tamper proof feature because no loose end plugs were found on original manufacturer parts. We did not change this AD.
Request To Explain Tamper Proof Feature on MVPV
Delta, United Airlines, and MTU Maintenance Hannover GmbH (MTU)
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requested that we explain the ``tamper proof feature'' on the end plug or reference a specific repair. The commenters explained that this feature can be confusing to operators who are not familiar with the history of repairs on this part. For example, Delta commented that this language could be understood to refer to valves repaired per a process that retains the end plugs using epoxy alone as being sufficient.
We partially agree. We agree that operators without experience with this feature may be confused. We expanded the definition of a part eligible for installation to clarify the meaning of a ``tamper proof feature.'' We disagree with referencing a specific repair because we don't want to preclude future repairs that may be developed.
Request To Reference UTC Aerospace Systems Service Bulletin (SB)Delta requested that we reference the UTC Aerospace Systems SB JFC104-1-73-58 in addition to PW ASB PW2000 A73-172, dated October 16, 2017, in this AD. Delta noted that additional instructions for replacement of the MVPV are in the UTC Aerospace Systems SB.
We disagree because the reference in this AD to the PW ASB PW2000 A73-172, dated October 16, 2017, is only to include the FCU Serial Number List. We did not change this AD.
Request To Revise Table Reference
Delta and MTU requested that we change a reference to ``Table 1'' in this AD. The commenters noted that PW ASB PW2000 A73-172, dated October 16, 2017, does not refer to the list of FCU serial numbers as ``Table 1.''
We agree. Although the PW ASB references ``Table 1'' in several places, the list of FCU serial numbers is not clearly labeled in the ASB as ``Table 1.'' We revised the reference to ``Table 1'' in the Applicability section of this AD to ``FCU Serial Number List'' to better match the service information.''
Request To Revise Reference to ``Overhaul''
Delta and MTU requested that we change the reference in this AD to ``FCU overhaul.'' The commenters indicated that this term is not standard wording.
We agree because the term ``overhaul'' can be confused with other types of maintenance. We changed the reference in this AD from ``FCU Overhaul'' to ``FCU shop visit'' to better match standard wording used in ADs.
Request To Revise Part Eligible for Installation
Delta and Fedex Express requested that we clarify the definition of a part eligible for installation from a ``zero time MVPV.'' Delta noted that there is no specification whether this refers to total time since manufacture or total time since completion of a certain level of maintenance. Fedex Express suggested we use the term ``zero time from new MVPV.''
We agree. We revised this AD to clarify that the definition of a part eligible for installation refers to a ``zero time since new MVPV'' to add clarity.
Request To Add Marking Requirement
Delta and MTU requested that we add a requirement in this AD to mark the data plate of any FCU to show it has complied with this AD. The commenters indicated that this would assist with tracking because there is no physical way to tell if operators have complied with the AD.
We disagree. It is up to the operators how to record compliance with this AD. We do not want to dictate only one method of recording compliance.
Request To Revise Installation Prohibition
PW requested that we revise the installation prohibition in this AD to allow any MVPV that is eligible for installation to be installed. PW indicated that the language in the NPRM implies that only repaired MVPVs can be installed.
We disagree because if the MVPV is one of the suspect units being removed from the FCU by the AD, then it is not a zero time since new MVPV. An MVPV that is removed per the requirements of this AD must be repaired with a tamper proof feature on the end plugs before it can be reinstalled. The installation prohibition paragraph does not prevent operators from installing a zero time since new MVPV.
Request To Clarify Compliance Time
MTU requested that we clarify the compliance time in this AD as no compliance time is stated.
We disagree because the compliance time is at the next FCU shop visit after the effective date of this AD, which is stated in the required action paragraph. We did not change this AD.
Request To Reinstall a Part After Inspection
MTU asked to be allowed to reinstall a part after it has been inspected but not repaired.
We disagree because the FCU's listed in the applicability cannot be inspected for a loose end plug without damaging the epoxy or end plugs. Once the end plug or epoxy is damaged, it must be replaced with a new MVPV or repaired properly with a tamper proof feature on the end plugs. We did not change this AD.
Support for This AD
The Air Line Pilots Association expressed support for this AD as written.
Conclusion
We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was already proposed in the NPRM.
We also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule.
Related Service Information Under 1 CFR Part 51
We reviewed PW ASB PW2000 A73-172, dated October 16, 2017. The ASB provides a list of affected FCUs. 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 inthe ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 212 engines installed on airplanes of U.S. registry. We are estimating that the MVPV will be replaced with a new part on 106 engines and replaced with a repaired part on the remaining 106 engines. We estimate the following costs to comply with this AD:
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Estimated Costs ----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Replace MVPV with repaired part................. $0 $6,490 $6,490 $687,940 Replace MVPV with new part...................... 0 25,482 25,482 2,701,092 ----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to engines, propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation Division.
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) Is not a ``significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.