Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2007-12-07, Amendment 39-15085 (72 FR 31174, June 6, 2007). That AD applies to the specified products. The NPRM was published in the Federal Register on November 14, 2011 (76 FR 70382). That NPRM proposed to remove the affected ECUs from service.
Comments
We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal and the FAA's response to each comment.
Request To Change Unsafe Condition
Commenter GE stated that in all of the events of flameout the engines relit and in all dual-channel CPU fault in-flight shutdowns the engines were capable of restarting. GE stated that these events should not be considered unsafe conditions.
We do not agree. Although a flameout with a consecutive relight or an in-flight shutdown with a consecutive restart during cruiseflight is not in itself an unsafe condition, these types of loss of thrust can be unsafe conditions during takeoff or during approach and landing. We did not change the AD.
Request To Clarify Engine Flight Cycle and ECU Cycle Count
Commenter All Nippon Airways (ANA) requested that we clarify the relationship between the engine flight cycles and ECU cycles of operation in the engine, and whether previous ECU history affects the flight cycle count.
We do not agree. The flight cycle intervals in paragraph (g) of the AD refer to the engine start-stop cycles with the affected ECU part numbers (P/Ns) installed, rather than ECU operational cycles. Engine flight cycles accrued before the effective date of the AD are not accounted for in the cycle count. We did not change the AD.
Request To Remove Certain Affected ECU P/Ns From the AD
Commenters Atlas Air, ANA, KLM, and China Airlines requested that we remove from the list of affected ECU P/Ns in Table 2 of the AD, ECUswith software version 8.2.Q1 and 8.2.R, a new front panel assembly (FPA) and an old pressure subsystem (PSS), or an old FPA and a new PSS generation circuit boards.
We do not agree. Dual-channel CPU faults have not been ruled out for the new FPA or the new PSS, therefore any ECU with either a new FPA or a new PSS must be addressed regardless of the version of software installed. We did not change the AD.
Request To Add ECU P/Ns to the AD
Commenter Atlas Air stated that ECUs P/Ns 1471M63P41, 1519M89P31, and 1820M33P14 are not listed in the proposed AD, but should be listed.
We do not agree. Those ECUs have the old generation of FPA and PSS circuit
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boards and, therefore, are not susceptible to dual-channel CPU faults. The referenced ECUs also have the latest available version of software installed. We did not change the AD.
Request To Mandate Software Version 8.2.R or Later
Commenter Atlas Air requested to add a requirement to install software version 8.2.R or later in all affected engines at specified times, without regard to FPA and PSS circuit board hardware configuration.
We do not agree. Certain ECU P/Ns that have software version 8.2.R are susceptible to CPU channel faults. We did not change the AD.
Request To Modify ECUs
Commenter Atlas Air requested to modify ECU P/Ns 1471M63P42, 1519M89P32, and 1820M33P15 to ECU P/Ns 1471M63P41, 1519M89P31, and 1820M33P14, respectively.
We do not agree. No approved procedure exists to downgrade the ECUs. Engine owners and operators may propose such a procedure for approval, and request an alternative method of compliance to the AD, as specified in paragraph (i) of the AD. We did not change the AD.
Request To Add ECU Rework Procedures
Commenter ANA requested that we add rework procedures to the AD to modify affected ECUs into serviceable configurations of ECUs.
We do not agree. The AD is written to only remove affected ECU P/Ns from service. Refer to the manufacturer's service information for upgrading affected ECUs. We did not change the AD.
Conclusion
We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD as proposed.
Costs of Compliance
We estimate that this AD will affect 697 GE CF6-80C2B series turbofan engines installed on airplanes of U.S. registry. We also estimate that it will take about 4 work-hours per engine to perform a removal and replacement of the ECU, and that the average labor rate is $85 per work-hour. A replacement ECU costs about $4,600. Based on these figures, we estimate the total cost of the AD to U.S. operators to be $3,443,180.
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.
Regulatory Findings
We have determined that 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.