Airworthiness Directives; International Aero Engines AG Turbofan Engines
| Published date | 06 January 2021 |
| Citation | 86 FR 458 |
| Record Number | 2021-00053 |
| Section | Rules and Regulations |
| Court | Federal Aviation Administration |
458
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
website through a single web page
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documents lack the force and effect of
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incorporated into a contract.
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All guidance documents, as defined in
this Part, that are not made available
through DOE’s website portal as
described in paragraph (f) of this section
shall be deemed rescinded, unless and
until DOE subjects such guidance
documents to the procedures of this
section. Except for the purposes of
establishing historical facts, DOE shall
not cite, use, or rely upon rescinded
guidance documents unless and until
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to the procedures of this section.
§ 1061.4 Petitions for withdrawal or
modification of guidance documents.
(a) Filing a petition. Any person may
petition DOE to withdraw or modify a
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Modification or Withdrawal of
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In accordance with the provisions set
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(2) Receive a final disposition from
DOE in accordance with paragraph (f) of
this section.
[FR Doc. 2020–27875 Filed 1–5–21; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1168; Project
Identifier AD–2020–01568–E; Amendment
39–21379; AD 2021–01–03]
RIN 2120–AA64
Airworthiness Directives; International
Aero Engines AG Turbofan Engines
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Final rule; request for
comments.
SUMMARY
: The FAA is adopting a new
airworthiness directive (AD) for certain
International Aero Engines AG (IAE)
V2500–A1, V2522–A5, V2524–A5,
V2525–D5, V2527–A5, V2527E–A5,
V2527M–A5, V2528–D5, V2530–A5,
V2531–E5, and V2533–A5 model
turbofan engines. This AD was
prompted by a root cause analysis of an
event involving an uncontained failure
of a high-pressure turbine (HPT) 1st-
stage disk that resulted in high-energy
debris penetrating the engine cowling.
This AD requires removing certain HPT
1st-stage and HPT 2nd-stage disks from
service. The FAA is issuing this AD to
address the unsafe condition on these
products.
DATES
: This AD is effective January 21,
2021.
The FAA must receive comments on
this AD by February 22, 2021.
ADDRESSES
: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
•Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
•Fax: (202) 493–2251.
•Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
•Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
searching for and locating Docket No.
FAA–2020–1168; 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 street address for
the Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT
:
Nicholas Paine, Aviation Safety
Engineer, ECO Branch, FAA, 1200
District Avenue, Burlington, MA 01803;
phone: (781) 238–7116; fax: (781) 238–
7199; email: nicholas.j.paine@faa.gov.
SUPPLEMENTARY INFORMATION
:
Background
On March 18, 2020, an Airbus Model
A321–231 airplane, powered by IAE
V2533–A5 model turbofan engines,
experienced an uncontained HPT 1st-
stage disk failure that resulted in high-
energy debris penetrating the engine
cowling. Based on a preliminary
analysis of this event, on March 21,
2020, the FAA issued Emergency AD
2020–07–51, which requires the
removal from service of certain HPT 1st-
stage disks installed on IAE V2522–A5,
V2524–A5, V2525–D5, V2527–A5,
V2527E–A5, V2527M–A5, V2528–D5,
V2530–A5, and V2533–A5 model
turbofan engines.
Since the FAA issued AD 2020–07–
51, the manufacturer conducted a root
cause analysis and identified a different
population of HPT 1st-stage and HPT
2nd-stage disks that are affected by the
unsafe condition and require removal
from service. This condition, if not
addressed, could result in failure of the
HPT, uncontained HPT failure, damage
to the engine, damage to the airplane,
and loss of the airplane. The FAA is
issuing this AD to address the unsafe
condition on these products.
FAA’s Determination
The FAA is issuing this AD because
the agency has determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
AD Requirements
This AD requires the removal from
service of certain HPT 1st-stage and
HPT 2nd-stage disks installed on IAE
V2500–A1, V2522–A5, V2524–A5,
V2525–D5, V2527–A5, V2527E–A5,
V2527M–A5, V2528–D5, V2530–A5,
V2531–E5, and V2533–A5 model
turbofan engines.
Interim Action
The design approval holder is
currently developing a modification to
address the unsafe condition identified
in this AD. Once this modification is
developed, the FAA might consider
additional rulemaking.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
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 providing notice and
seeking comment prior to issuance.
Further, section 553(d) 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 foregoing notice
and comment prior to adoption of this
rule. On March 18, 2020, an Airbus
Model A321–231 airplane, powered by
IAE V2533–A5 model turbofan engines,
experienced an uncontained HPT 1st-
stage disk failure that resulted in an
aborted takeoff. The uncontained failure
of the HPT 1st-stage disk resulted in
high-energy debris penetrating the
engine cowling. The FAA published
Emergency AD (EAD) 2020–07–51 on
March 21, 2020 (followed by
publication in the Federal Register on
April 13, 2020, as a Final Rule, Request
for Comments (85 FR 20402)), to remove
from service HPT 1st-stage disks
identified as having the highest risk of
failure. Based on the root cause analysis
performed since that event, the
manufacturer has identified a different
population of affected HPT 1st-stage and
HPT 2nd-stage disks that are affected by
the same unsafe condition and require
removal from service. These HPT disks
have the highest risk of failure and
require removal within 50 flight cycles
or 30 days after the effective date of this
AD, whichever comes first, to prevent
additional HPT disk failures and
maintain an acceptable level of safety.
This unsafe condition may result in loss
of the airplane.
The FAA considers removal of certain
HPT 1st-stage and HPT 2nd-stage disks
to be an urgent safety issue.
Accordingly, notice and opportunity for
prior public comment are impracticable
and contrary to the public interest
pursuant to 5 U.S.C. 553(b)(3)(B). In
addition, 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, for the same reasons the
FAA found good cause to forego notice
and comment.
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under
ADDRESSES
.
Include the docket number FAA–2020–
1168 and Project Identifier AD–2020–
01568–E at the beginning of your
comments. The most helpful comments
reference a specific portion of 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 which 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 FAA
has determined that it has good cause to
adopt this rule without prior notice and
comment, RFA analysis is not required.
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Costs of Compliance
The FAA estimates that this AD
affects 4 engines installed on airplanes
of U.S. registry.
The FAA estimates the following
costs to comply with this AD:
E
STIMATED
C
OSTS
Action Labor cost Parts cost Cost per
product Cost on U.S.
operators
Remove HPT 1st-stage or HPT 2nd-stage disk from
service. 92 work-hours × $85 per hour =
$7,820. $300,000 $307,820 $1,231,280
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,
and
(2) Will not affect intrastate aviation
in Alaska.
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:
2021–01–03 International Aero Engines
AG: Amendment 39–21379; Docket No.
FAA–2020–1168; Project Identifier AD–
2020–01568–E.
(a) Effective Date
This airworthiness directive (AD) is
effective January 21, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to International Aero
Engines AG (IAE) V2500–A1, V2522–A5,
V2524–A5, V2525–D5, V2527–A5, V2527E–
A5, V2527M–A5, V2528–D5, V2530–A5,
V2531–E5, and V2533–A5 model turbofan
engines with an installed:
(1) High-pressure turbine (HPT) 1st-stage
disk, part number (P/N) 2A5001, with a serial
number (S/N) listed in Figure 1 to paragraph
(c) of this AD; or
(2) HPT 2nd-stage disk, P/N 2A4802 or
2A1202, with an S/N listed in Figure 2 to
paragraph (c) of this AD.
Figure 1 to Paragraph (c)—HPT 1st-Stage
Disks, P/N 2A5001
HPT 1st-Stage Disk S/N
PKLBMR8122
PKLBN95688
PKLBPD1563
PKLBR09920
PKLBR16496
PKLBR19225
PKLBR25636
PKLBR28076
PKLBR34562
PKLBR52354
PKLBR69530
PKLBR82479
PKLBRJ9427
PKLBRN5510
PKLBRT5081
PKLBRU7299
PKLBRW8547
PKLBRW9395
PKLBSJ7141
PKLBSM8377
Figure 2 to Paragraph (c)—HPT 2nd-Stage
Disks, P/N 2A4802 or 2A1202
HPT 2nd-Stage Disk S/N
PKLBJ09996
PKLBJ13601
PKLBJ80883
PKLBKL8627
PKLBLJ9333
PKLBP87124
PKLBPY9696
PKLBSL8699
(d) Subject
Joint Aircraft System Component (JASC)
Code 7250, Turbine Section.
(e) Unsafe Condition
This AD was prompted by an analysis
performed by the manufacturer of an event
involving an uncontained failure of an HPT
1st-stage disk that resulted in high-energy
debris penetrating the engine cowling. The
FAA is issuing this AD to prevent failure of
the HPT 1st-stage and HPT 2nd-stage disks.
The unsafe condition, if not addressed, could
result in uncontained HPT disk failure,
damage to the engine, damage to the airplane,
and loss of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) For IAE model turbofan engines with an
HPT 1st-stage disk, P/N 2A5001, with a S/N
listed in Figure 1 to paragraph (c) of this AD,
within 50 flight cycles or 30 days after the
effective date of this AD, whichever comes
first, remove the HPT 1st-stage disk from
service.
(2) For IAE model turbofan engines with an
HPT 2nd-stage disk, P/N 2A4802 or 2A1202,
with a S/N listed in Figure 2 to paragraph (c)
of this AD, within 50 flight cycles or 30 days
after the effective date of this AD, whichever
comes first, remove the HPT 2nd-stage disk
from service.
(h) Installation Prohibition
After the effective date of this AD, do not
install onto any engine an HPT 1st-stage or
HPT 2nd-stage disk with a P/N and S/N
listed in paragraph (c) of this AD.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO Branch, FAA, has
the authority to approve AMOCs for this AD,
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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.
(j) Related Information
For more information about this AD,
contact Nicholas Paine, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (781)
238–7116; fax: (781) 238–7199; email:
nicholas.j.paine@faa.gov.
(k) Material Incorporated by Reference
None.
Issued on December 28, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–00053 Filed 1–5–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 201215–0342]
RIN 0694–AH89
Technical Amendments to the Export
Administration Regulations: Export
Control Classification Number 0Y521
Series Supplement—Extension of
Software Specially Designed To
Automate the Analysis of Geospatial
Imagery Classification
AGENCY
: Bureau of Industry and
Security, Commerce.
ACTION
: Interim final rule; technical
amendment.
SUMMARY
: On January 6, 2020, the
Bureau of Industry and Security (BIS)
amended the Export Administration
Regulations (EAR) to add Software
Specially Designed to Automate the
Analysis of Geospatial Imagery to the
0Y521 Temporary Export Control
Classification Numbers (ECCN) Series as
0D521. In this action BIS extends that
status for a year pursuant to the 0Y521
series extension procedures.
DATES
: This rule is effective January 6,
2021.
FOR FURTHER INFORMATION CONTACT
:
Aaron Amundson, Director, Information
Technology Division, Office of National
Security and Technology Transfer
Controls, at email Aaron.Amundson@
bis.doc.gov or by phone at (202) 482–
5299.
SUPPLEMENTARY INFORMATION
:
Background
On January 6, 2020, the Bureau of
Industry and Security (BIS) amended
the Export Administration Regulations
(EAR) with an interim final rule to add
Software Specially Designed to
Automate the Analysis of Geospatial
Imagery to the 0Y521 Temporary Export
Control Classification Numbers (ECCN)
Series as 0D521. More specifically, the
software was described as Geospatial
imagery ‘‘software’’ ‘‘specially
designed’’ for training a Deep
Convolutional Neural Network to
automate the analysis of geospatial
imagery and point clouds. See 85 FR
459.
BIS established the ECCN 0Y521
series in a final rule published April 13,
2012 (72 FR 22191) (hereinafter ‘‘April
13 rule’’) to identify items that warrant
control on the Commerce Control List
(CCL) but are not yet identified in an
existing ECCN. Items in the 0Y521
series of ECCNs are added upon a
determination by the Department of
Commerce, with the concurrence of the
Departments of Defense and State, and
other agencies as appropriate, that the
items warrant control for export because
the items may provide a significant
military or intelligence advantage to the
United States or because foreign policy
reasons justify control. The ECCN
0Y521 series is a temporary holding
classification.
Under the procedures established in
the April 13 rule and codified at
§ 742.6(a)(8)(iii) of the EAR, items
classified under ECCN 0Y521 remain so
classified for one year from the date
they are listed in supplement no. 5 to
part 774 of the EAR, unless the items are
re-classified under a different ECCN or
the 0Y521 classification is extended.
BIS may extend an item’s ECCN
0Y521 classification for two one-year
periods, provided that the U.S.
Government has submitted a proposal to
the relevant multilateral regime(s) (e.g.,
the Wassenaar Arrangement) to obtain
multilateral controls over the item, with
the understanding that multilateral
controls are preferable when practical.
Further extension beyond three years
may occur only if the Under Secretary
for Industry and Security makes a
determination that such extension is in
the national security or foreign policy
interest of the United States. Any
extension or re-extension of control of
an ECCN 0Y521 item, including the
determination by the Under Secretary,
shall be published in the Federal
Register.
In this action, BIS extends the status
of an item classified under a 0Y521
ECCN for a year consistent with
procedures that allow such an
extension. Specifically, in this case the
U.S. Government submitted a proposal
for multilateral control of the 0D521
software specially designed to automate
the analysis of geospatial imagery, as
described in the January 6, 2020 interim
final rule, to the relevant multilateral
regime (the Wassenaar Arrangement) in
a timely manner, within the first year of
the item’s 0D521 classification.
However, due to the pandemic, the
regime did not convene and therefore
did not consider acceptance of the
proposal. An extension of time is
appropriate in order for the U.S.
Government to continue its effort at the
Wassenaar Arrangement in 2021.
Export Control Reform Act of 2018
On August 13, 2018, the President
signed into law the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, which included the
Export Control Reform Act of 2018
(ECRA) (50 U.S.C. 4801–4852) that
provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
rule.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This interim final rule has
been designated to be not significant for
purposes of Executive Order 12866. The
requirements of Executive Order 13771
do not apply because the rule is not
significant.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor is subject to a penalty
for failure to comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
OMB control number. This rule does not
involve any collection of information.
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