81 FR 12585 - Airworthiness Directives; Rolls-Royce plc Turbojet Engines
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 47 (March 10, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 47 (March 10, 2016)
| Page Range | 12585-12587 | |
| FR Document | 2016-05319 |
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)] [Rules and Regulations] [Pages 12585-12587] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05319] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2012-1331; Directorate Identifier 2012-NE-44-AD; Amendment 39-18390; AD 2016-03-03] RIN 2120-AA64 Airworthiness Directives; Rolls-Royce plc Turbojet Engines AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are superseding airworthiness directive (AD) 2013-11-13 for all Rolls-Royce plc (RR) Viper Mk. 601-22 turbojet engines. AD 2013-11- 13 required reducing the life of certain critical parts. This AD adds two new engine models and additional engine parts to the applicability. This AD was prompted by a determination by RR that additional parts for the RR Viper Mk. 601-22 as well as additional engine models are affected. We are issuing this AD to prevent failure of life-limited parts, which could lead to an uncontained part release, damage to the engine, and damage to the airplane. DATES: This AD is effective April 14, 2016. The Director of the Federal Register approved the incorporation by reference of certain publication listed in this AD as of April 14, 2016. ADDRESSES: For service information identified in this AD, contact DA Services Operations Room at Rolls-Royce plc, Defense Sector Bristol, WH-70, P.O. Box 3, Filton, Bristol BS34 7QE, United Kingdom; phone: +44 (0) 117 97 90700; fax: +44 (0) 117 97 95498; email: royce.com">defence-operations-room@rolls-royce.com. You may view this service information at the FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2012- 1331. Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2012- 1331; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the mandatory continuing airworthiness information, regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Philip Haberlen, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7770; fax: 781- 238-7199; email: [email protected]. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2013-11-13, Amendment 39-17473 (78 FR 34550, June 10, 2013), (``AD 2013-11-13''). AD 2013-11-13 applied to the specified products. The NPRM published in the Federal Register on October 9, 2015 (80 FR 61131). The NPRM proposed to continue to require reducing the life of certain critical parts. That NPRM also proposed to add additional parts for the RR Viper Mk. 601-22 as well as additional engine models to the applicability of this AD. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (80 FR 61131, October 9, 2015). Conclusion We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:Are consistent with the intent that was proposed in the NPRM (80 FR 61131, October 9, 2015) for correcting the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 61131, October 9, 2015). Related Service Information Under 1 CFR Part 51 RR has issued RR Alert Service Bulletin (ASB) Mk. 521 Number 72- A408, Circulation A, dated January 2015; RR ASB Mk. 521 Number 72-A408, Circulation B, dated January 2015; RR ASB Mk. 522 Number 72-A413, Circulation A, dated January 2015; RR ASB Mk. 522 Number 72-A412, Circulation B, dated January 2015; and RR ASB Mk 601-22 Number 72-A207, dated January 2015. The service information describes procedures for identifying the affected parts installed on each engine and determining their respective new life limit. 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 in the ADDRESSES section of this final rule. Costs of Compliance We estimate that this AD affects about 46 engines installed on airplanes of U.S. registry. We estimate a pro-rated parts cost of $66,000 per engine. We also estimate that it will take about 4 hours [[Page 12586]] per engine to comply with this AD. The average labor rate is $85 per hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $3,051,640. 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 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 to the extent that it justifies making a regulatory distinction, 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. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by removing airworthiness directive (AD) AD 2013-11-13, Amendment 39-17473 (78 FR 34550, June 10, 2013), (``AD 2013-11-13''), and adding the following new AD: 2016-03-03 Rolls-Royce plc (Type Certificate previously held by Rolls-Royce (1971) Limited, Bristol Engine Division): Amendment 39- 18390; Docket No. FAA-2012-1331; Directorate Identifier 2012-NE-44- AD. (a) Effective Date This AD is effective April 14, 2016. (b) Affected ADs This AD supersedes AD 2013-11-13. (c) Applicability This AD applies to all Rolls-Royce plc (RR) Viper Mk. 521, Viper Mk. 522, and Viper Mk. 601-22 turbojet engines. (d) Unsafe Condition This AD was prompted by a review by RR of the lives of certain critical parts. We are issuing this AD to prevent failure of life- limited parts, which could lead to an uncontained part release, damage to the engine, and damage to the airplane. (e) Compliance Comply with this AD within the compliance times specified, unless already done. (1) Within 30 days after the effective date of this AD, or before any affected part exceeds its new revised life limit, whichever occurs later, remove any affected engine from service. Use Table 1 of RR Alert Service Bulletin (ASB) Mk. 521 Number 72-A408, Circulation A, dated January 2015; RR ASB Mk. 521 Number 72-A408, Circulation B, dated January 2015; RR ASB Mk. 522 Number 72-A413, Circulation A, dated January 2015; RR ASB Mk. 522 Number 72-A412, Circulation B, dated January 2015; and RR ASB Mk 601-22 Number 72- A207, dated January 2015, to identify the affected parts installed on each engine and determine their respective new life limits. (2) For the RR Viper Mk. 601-22 turbojet engine, remove compressor shaft, part number V900766, from service before the compressor shaft accumulates 20,720 flight cycles since new. (3) Replace any part identified in paragraph (e)(1) or (e)(2) of this AD with a part eligible for installation before the affected part reaches its new life limit specified in paragraph (e)(2) of this AD or in the ASBs referenced in paragraph (e)(1) of this AD. (f) Installation Prohibition After the effective date of this AD, do not install any affected part identified in paragraph (e) of this AD into any engine, nor return any engine to service with any affected part identified in paragraph (e) of this AD installed, if any affected part exceeds the life limit specified in the appropriate ASB identified in paragraph (e)(1) of this AD and/or the life limit identified in paragraph (e)(2) of this AD. (g) Alternative Methods of Compliance (AMOCs) The Manager, Engine Certification Office, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request. You may email your request to: [email protected]. (h) Related Information (1) For more information about this AD, contact Philip Haberlen, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7770; fax: 781-238-7199; email: [email protected]. (2) Refer to MCAI European Aviation Safety Agency AD 2015- 0127R1, dated August 14, 2015, for more information. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA- 2012-1331. (i) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Rolls-Royce plc (RR) Alert Service Bulletin (ASB) Mk. 521 Number 72-A408, Circulation A, dated January 2015. (ii) RR ASB Mk. 521 Number 72-A408, Circulation B, dated January 2015. (iii) RR ASB Mk. 522 Number 72-A413, Circulation A, dated January 2015. (iv) RR ASB Mk. 522 Number 72-A412, Circulation B, dated January 2015. (v) RR ASB Mk 601-22 Number 72-A207, dated January 2015. (3) For RR service information identified in this AD, contact DA Services Operations Room at Rolls-Royce plc, Defense Sector Bristol, WH-70, P.O. Box 3, Filton, Bristol BS34 7QE, United Kingdom; phone: +44 (0) 117 97 90700; fax: +44 (0) 117 97 95498; email: royce.com">defence-operations-room@rolls-royce.com. (4) You may view this service information at FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125. (5) You may view this service information at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. [[Page 12587]] Issued in Burlington, Massachusetts, on February 2, 2016. Ann C. Mollica, Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service. [FR Doc. 2016-05319 Filed 3-9-16; 8:45 am] BILLING CODE 4910-13-P
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(g) Related Information 13 for all Rolls-Royce plc (RR) Viper Discussion
(1) For more information about this AD, Mk. 601–22 turbojet engines. AD 2013– We issued a notice of proposed
contact Philip Haberlen, Aerospace Engineer, 11–13 required reducing the life of rulemaking (NPRM) to amend 14 CFR
Engine Certification Office, FAA, Engine & certain critical parts. This AD adds two part 39 to supersede AD 2013–11–13,
Propeller Directorate, 1200 District Avenue, new engine models and additional
Burlington, MA 01803; phone: 781–238–
Amendment 39–17473 (78 FR 34550,
engine parts to the applicability. This June 10, 2013), (‘‘AD 2013–11–13’’). AD
7770; fax: 781–238–7199; email: AD was prompted by a determination by
philip.haberlen@faa.gov. 2013–11–13 applied to the specified
(2) Refer to MCAI European Aviation
RR that additional parts for the RR Viper products. The NPRM published in the
Safety Agency AD 2015–0162, dated August Mk. 601–22 as well as additional engine Federal Register on October 9, 2015 (80
6, 2015, for more information. You may models are affected. We are issuing this FR 61131). The NPRM proposed to
examine the MCAI in the AD docket on the AD to prevent failure of life-limited continue to require reducing the life of
Internet at http://www.regulations.gov/ parts, which could lead to an certain critical parts. That NPRM also
#!documentDetail;D=FAA-2015-3753-0001. uncontained part release, damage to the proposed to add additional parts for the
(h) Material Incorporated by Reference engine, and damage to the airplane. RR Viper Mk. 601–22 as well as
(1) The Director of the Federal Register DATES: This AD is effective April 14, additional engine models to the
approved the incorporation by reference 2016. applicability of this AD.
(IBR) of the service information listed in this The Director of the Federal Register Comments
paragraph under 5 U.S.C. 552(a) and 1 CFR approved the incorporation by reference
part 51. of certain publication listed in this AD We gave the public the opportunity to
(2) You must use this service information as of April 14, 2016. participate in developing this AD. We
as applicable to do the actions required by received no comments on the NPRM (80
this AD, unless the AD specifies otherwise. ADDRESSES: For service information FR 61131, October 9, 2015).
(i) Turbomeca S.A. Mandatory Service identified in this AD, contact DA
Bulletin No. 292 72 2861, Version A, dated Services Operations Room at Rolls- Conclusion
April 24, 2015. Royce plc, Defense Sector Bristol, WH– We reviewed the relevant data and
(ii) Reserved. 70, P.O. Box 3, Filton, Bristol BS34 7QE, determined that air safety and the
(3) For Turbomeca S.A. service information United Kingdom; phone: +44 (0) 117 97
identified in this AD, contact Turbomeca
public interest require adopting this AD
S.A., 40220 Tarnos, France; phone: 33 0 5 59
90700; fax: +44 (0) 117 97 95498; email: as proposed except for minor editorial
74 40 00; fax: 33 0 5 59 74 45 15. defence-operations-room@rolls- changes. We have determined that these
(4) You may view this service information royce.com. You may view this service minor changes:
at FAA, Engine & Propeller Directorate, 1200 information at the FAA, Engine & • Are consistent with the intent that
District Avenue, Burlington, MA. For Propeller Directorate, 1200 District was proposed in the NPRM (80 FR
information on the availability of this Avenue, Burlington, MA. For 61131, October 9, 2015) for correcting
material at the FAA, call 781–238–7125. information on the availability of this the unsafe condition; and
(5) You may view this service information material at the FAA, call 781–238–7125. • Do not add any additional burden
at the National Archives and Records It is also available on the Internet at upon the public than was already
Administration (NARA). For information on proposed in the NPRM (80 FR 61131,
the availability of this material at NARA, call
http://www.regulations.gov by searching
202–741–6030, or go to: http:// for and locating Docket No. FAA–2012– October 9, 2015).
www.archives.gov/federal-register/cfr/ibr- 1331. Related Service Information Under 1
locations.html. Examining the AD Docket CFR Part 51
Issued in Burlington, Massachusetts, on You may examine the AD docket on RR has issued RR Alert Service
February 18, 2016. the Internet at http:// Bulletin (ASB) Mk. 521 Number 72–
Ann C. Mollica, www.regulations.gov by searching for A408, Circulation A, dated January
Acting Manager, Engine & Propeller and locating Docket No. FAA–2012– 2015; RR ASB Mk. 521 Number 72–
Directorate, Aircraft Certification Service. 1331; or in person at the Docket A408, Circulation B, dated January
[FR Doc. 2016–05318 Filed 3–9–16; 8:45 am] Management Facility between 9 a.m. 2015; RR ASB Mk. 522 Number 72–
BILLING CODE 4910–13–P and 5 p.m., Monday through Friday, A413, Circulation A, dated January
except Federal holidays. The AD docket 2015; RR ASB Mk. 522 Number 72–
contains this AD, the mandatory A412, Circulation B, dated January
DEPARTMENT OF TRANSPORTATION continuing airworthiness information, 2015; and RR ASB Mk 601–22 Number
regulatory evaluation, any comments 72–A207, dated January 2015. The
Federal Aviation Administration received, and other information. The service information describes
address for the Docket Office (phone: procedures for identifying the affected
14 CFR Part 39 800–647–5527) is Document parts installed on each engine and
[Docket No. FAA–2012–1331; Directorate Management Facility, U.S. Department determining their respective new life
Identifier 2012–NE–44–AD; Amendment 39– of Transportation, Docket Operations, limit. This service information is
18390; AD 2016–03–03] M–30, West Building Ground Floor, reasonably available because the
Room W12–140, 1200 New Jersey interested parties have access to it
RIN 2120–AA64 through their normal course of business
Avenue SE., Washington, DC 20590.
Airworthiness Directives; Rolls-Royce or by the means identified in the
FOR FURTHER INFORMATION CONTACT:
ADDRESSES section of this final rule.
jstallworth on DSK7TPTVN1PROD with RULES
plc Turbojet Engines Philip Haberlen, Aerospace Engineer,
Engine Certification Office, FAA, Engine Costs of Compliance
AGENCY: Federal Aviation
Administration (FAA), DOT. & Propeller Directorate, 1200 District We estimate that this AD affects about
Avenue, Burlington, MA 01803; phone: 46 engines installed on airplanes of U.S.
ACTION: Final rule.
781–238–7770; fax: 781–238–7199; registry. We estimate a pro-rated parts
SUMMARY: We are superseding email: philip.haberlen@faa.gov. cost of $66,000 per engine. We also
airworthiness directive (AD) 2013–11– SUPPLEMENTARY INFORMATION: estimate that it will take about 4 hours
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![12586 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations
per engine to comply with this AD. The PART 39—AIRWORTHINESS (f) Installation Prohibition
average labor rate is $85 per hour. Based DIRECTIVES After the effective date of this AD, do not
on these figures, we estimate the cost of install any affected part identified in
this AD on U.S. operators to be ■ 1. The authority citation for part 39 paragraph (e) of this AD into any engine, nor
$3,051,640. return any engine to service with any affected
continues to read as follows: part identified in paragraph (e) of this AD
Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. installed, if any affected part exceeds the life
limit specified in the appropriate ASB
Title 49 of the United States Code § 39.13 [Amended] identified in paragraph (e)(1) of this AD and/
specifies the FAA’s authority to issue or the life limit identified in paragraph (e)(2)
rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by of this AD.
Section 106, describes the authority of removing airworthiness directive (AD)
(g) Alternative Methods of Compliance
the FAA Administrator. Subtitle VII, AD 2013–11–13, Amendment 39–17473
(AMOCs)
Aviation Programs, describes in more (78 FR 34550, June 10, 2013), (‘‘AD
detail the scope of the Agency’s 2013–11–13’’), and adding the following The Manager, Engine Certification Office,
may approve AMOCs for this AD. Use the
authority. new AD:
procedures found in 14 CFR 39.19 to make
We are issuing this rulemaking under 2016–03–03 Rolls-Royce plc (Type your request. You may email your request to:
the authority described in Subtitle VII, Certificate previously held by Rolls- ANE–AD–AMOC@faa.gov.
Part A, Subpart III, Section 44701, Royce (1971) Limited, Bristol Engine
Division): Amendment 39–18390; Docket (h) Related Information
‘‘General requirements.’’ Under that
section, Congress charges the FAA with No. FAA–2012–1331; Directorate (1) For more information about this AD,
Identifier 2012–NE–44–AD. contact Philip Haberlen, Aerospace Engineer,
promoting safe flight of civil aircraft in
Engine Certification Office, FAA, Engine &
air commerce by prescribing regulations (a) Effective Date Propeller Directorate, 1200 District Avenue,
for practices, methods, and procedures This AD is effective April 14, 2016. Burlington, MA 01803; phone: 781–238–
the Administrator finds necessary for 7770; fax: 781–238–7199; email:
safety in air commerce. This regulation (b) Affected ADs philip.haberlen@faa.gov.
is within the scope of that authority This AD supersedes AD 2013–11–13. (2) Refer to MCAI European Aviation
because it addresses an unsafe condition Safety Agency AD 2015–0127R1, dated
(c) Applicability August 14, 2015, for more information. You
that is likely to exist or develop on
products identified in this rulemaking This AD applies to all Rolls-Royce plc (RR) may examine the MCAI in the AD docket on
Viper Mk. 521, Viper Mk. 522, and Viper Mk. the Internet at http://www.regulations.gov by
action.
601–22 turbojet engines. searching for and locating Docket No. FAA–
Regulatory Findings 2012–1331.
(d) Unsafe Condition
This AD will not have federalism This AD was prompted by a review by RR (i) Material Incorporated by Reference
implications under Executive Order of the lives of certain critical parts. We are (1) The Director of the Federal Register
13132. This AD will not have a issuing this AD to prevent failure of life- approved the incorporation by reference
substantial direct effect on the States, on limited parts, which could lead to an (IBR) of the service information listed in this
the relationship between the national uncontained part release, damage to the paragraph under 5 U.S.C. 552(a) and 1 CFR
government and the States, or on the engine, and damage to the airplane. part 51.
(2) You must use this service information
distribution of power and (e) Compliance as applicable to do the actions required by
responsibilities among the various this AD, unless the AD specifies otherwise.
Comply with this AD within the
levels of government. (i) Rolls-Royce plc (RR) Alert Service
compliance times specified, unless already
For the reasons discussed above, I done. Bulletin (ASB) Mk. 521 Number 72–A408,
certify that this AD: (1) Within 30 days after the effective date Circulation A, dated January 2015.
(1) Is not a ‘‘significant regulatory of this AD, or before any affected part (ii) RR ASB Mk. 521 Number 72–A408,
action’’ under Executive Order 12866, exceeds its new revised life limit, whichever Circulation B, dated January 2015.
occurs later, remove any affected engine from (iii) RR ASB Mk. 522 Number 72–A413,
(2) Is not a ‘‘significant rule’’ under Circulation A, dated January 2015.
DOT Regulatory Policies and Procedures service. Use Table 1 of RR Alert Service
(iv) RR ASB Mk. 522 Number 72–A412,
(44 FR 11034, February 26, 1979), Bulletin (ASB) Mk. 521 Number 72–A408,
Circulation B, dated January 2015.
(3) Will not affect intrastate aviation Circulation A, dated January 2015; RR ASB
(v) RR ASB Mk 601–22 Number 72–A207,
Mk. 521 Number 72–A408, Circulation B,
in Alaska to the extent that it justifies dated January 2015.
dated January 2015; RR ASB Mk. 522 (3) For RR service information identified in
making a regulatory distinction, and Number 72–A413, Circulation A, dated
(4) Will not have a significant this AD, contact DA Services Operations
January 2015; RR ASB Mk. 522 Number 72– Room at Rolls-Royce plc, Defense Sector
economic impact, positive or negative, A412, Circulation B, dated January 2015; and Bristol, WH–70, P.O. Box 3, Filton, Bristol
on a substantial number of small entities RR ASB Mk 601–22 Number 72–A207, dated BS34 7QE, United Kingdom; phone: +44 (0)
under the criteria of the Regulatory January 2015, to identify the affected parts 117 97 90700; fax: +44 (0) 117 97 95498;
Flexibility Act. installed on each engine and determine their email: defence-operations-room@rolls-
respective new life limits. royce.com.
List of Subjects in 14 CFR Part 39 (2) For the RR Viper Mk. 601–22 turbojet (4) You may view this service information
Air transportation, Aircraft, Aviation engine, remove compressor shaft, part at FAA, Engine & Propeller Directorate, 1200
safety, Incorporation by reference, number V900766, from service before the District Avenue, Burlington, MA. For
Safety. compressor shaft accumulates 20,720 flight information on the availability of this
jstallworth on DSK7TPTVN1PROD with RULES
cycles since new. material at the FAA, call 781–238–7125.
Adoption of the Amendment (3) Replace any part identified in (5) You may view this service information
paragraph (e)(1) or (e)(2) of this AD with a at the National Archives and Records
Accordingly, under the authority part eligible for installation before the Administration (NARA). For information on
delegated to me by the Administrator, affected part reaches its new life limit the availability of this material at NARA, call
the FAA amends part 39 of the Federal specified in paragraph (e)(2) of this AD or in 202–741–6030, or go to: http://
Aviation Regulations (14 CFR part 39) as the ASBs referenced in paragraph (e)(1) of www.archives.gov/federal-register/cfr/ibr-
follows: this AD. locations.html.
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Issued in Burlington, Massachusetts, on high-pile rayon.2 The clothing requirements set forth in our rules.
February 2, 2016. flammability standard at 16 CFR part Adult apparel is rarely, if ever, subject
Ann C. Mollica, 1610 (‘‘1610’’ or ‘‘the Standard’’) to more than one CPSC regulation.
Acting Manager, Engine & Propeller provides for classification of various Many retailers are issuing GCCs simply
Directorate, Aircraft Certification Service. types of fabrics and describes in detail noting an exemption from testing to the
[FR Doc. 2016–05319 Filed 3–9–16; 8:45 am] the test method to determine Standard. The Commission believes the
BILLING CODE 4910–13–P flammability. issuance of GCCs for these products is
Section 1610.1(c) excepts from the not necessary for CPSC staff to enforce
flammability standard certain hats, the Standard because the Commission
CONSUMER PRODUCT SAFETY gloves, footwear, and interlining fabrics. has granted a testing exemption to these
COMMISSION Because this section specifically says fabrics and adult apparel made from
that the ‘‘standard shall not apply to’’ these fabrics is unlikely to be subject to
16 CFR Part 1610 these articles, they are not ‘‘subject to’’ other consumer product safety rules,
a rule, standard, or ban under section standards, or bans. This proposal
Statement of Policy on Enforcement 102(a) of the CPSIA, and therefore provides an opportunity to reduce costs
Discretion Regarding General manufacturers and importers are neither to manufacturers and importers without
Conformity Certificates for Adult subject to the regulation nor required to affecting consumer safety.
Wearing Apparel Exempt From Testing produce a GCC for these products.
Section 1610.1(d), conversely, D. Statement of Policy
AGENCY: U.S. Consumer Product Safety exempts from testing, but not from the The Commission votes to exercise the
Commission. standard as a whole, garments made following enforcement discretion:
ACTION: Statement of enforcement entirely from certain fabrics that the Effective March 25, 2016, the
policy. Commission has consistently found not Commission will not pursue compliance
to be flammable. These include: or enforcement actions against
SUMMARY: The Consumer Product Safety manufacturers, importers or private
Commission (‘‘CPSC’’) has approved a (1) Plain surface fabrics, regardless of fiber
content, weighing 2.6 ounces per square yard labelers for failure to certify or to issue,
Statement of Policy regarding the provide or make available to the
or more; and
CPSC’s enforcement of the requirement (2) All fabrics, both plain surface and Commission a general conformity
for a general conformity assessment raised-fiber surface textiles, regardless of certificate as required by 15 U.S.C.
certificate (‘‘GCC’’) with respect to adult weight, made entirely from any of the 2063(a)(1) with respect to adult wearing
wearing apparel that is exempt from following fibers or entirely from combination apparel that is exempt from testing
testing under the CPSC’s clothing of the following fibers: Acrylic, modacrylic,
pursuant to 16 CFR 1610.1(d).
flammability standard. nylon, olefin, polyester, wool.
DATES: Effective March 25, 2016. Because products made from these E. Limitations of Enforcement
FOR FURTHER INFORMATION CONTACT: fabrics are exempt from testing but not Discretion
Mary Toro, Director, Division of excepted from the standard as a whole, The intent of this enforcement
Regulatory Enforcement, Office of they are still ‘‘subject to’’ a rule, discretion should be read narrowly
Compliance, U.S. Consumer Product standard, or ban and manufacturers and within its precise terms. The
Safety Commission, 4330 East-West importers of these exempted products Commission will use enforcement
Highway, Bethesda, MD 20814; have been required to issue a GCC. discretion only for certificate violations
telephone: (301)–504–7586 email: C. Rationale for Enforcement Discretion related to the indicated product
mtoro@cpsc.gov. category. These products must still
Experience gained from years of comply with all flammability
SUPPLEMENTARY INFORMATION:
testing in accordance with 16 CFR part requirements under the FFA; failure to
A. Background 1610 demonstrates that the exempted comply with flammability standards will
The Consumer Product Safety fabrics referenced above consistently still subject the products to enforcement
Improvement Act (‘‘CPSIA’’) was yield acceptable results when tested in action.
enacted on August 14, 2008 (Pub. L. accordance with the Standard. This Further, this enforcement discretion
110–314). Section 102(A) of the CPSIA experience allowed an exemption from does not apply to any adult wearing
requires that all manufacturers of testing in the Standard, for the purpose apparel that does not fit the specific
consumer products subject to a rule, of issuing guaranties.3 The Standard testing exemptions provided for in 16
standard, or ban enforced by the CPSC allows persons or firms issuing an CFR 1610.1(d). For example, if a
issue a general conformity certificate initial guaranty of any of the referenced manufacturer produced a garment made
(‘‘GCC’’) certifying that ‘‘based on a test fabrics, or of products made entirely from a plain surface silk fabric that
of each product or upon a reasonable from one or more of these fabrics, an weighs less than 2.6 ounces per square
testing program, that such product exemption from any requirement for yard, that garment would not fall within
complies with all rules, bans, standards, testing to support guaranties of those the exemption, and the manufacturer
or regulations applicable to the fabrics. would still be expected to produce a
product.’’ 1 Certificates of compliance for GCC. Should the Commission become
children’s products and other consumer aware of unsafe products entering the
B. Flammable Fabrics Act and Related products regulated by the Commission market as a result of this statement of
Regulations serve many vital purposes, not least of policy, it reserves the right to withdraw
jstallworth on DSK7TPTVN1PROD with RULES
In 1953, Congress enacted the which is to assure our compliance staff the policy prospectively with no less
Flammable Fabrics Act (‘‘FFA’’) in that these goods have met the testing than 90 days’ notice.
response to a number of serious injuries This statement of policy, and the
2 Floyd B. Oglesbay, The Flammable Fabrics
and deaths resulting from burns enforcement discretion described
Problem, 44 Pediatrics 827 (1969), available at
associated with garments made from http://www.ncbi.nlm.nih.gov/pmc/articles/ herein, is limited to certificates required
PMC1730418/pdf/v004p00317.pdf. for adult wearing apparel that is exempt
1 122 Stat. at 3022, 102(a). 3 16 CFR 1610.1(d). from testing pursuant to 16 CFR
VerDate Sep<11>2014 14:38 Mar 09, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1](https://thefederalregister.org/doc/81_FR_12632/page/3.svg)
Document Created: 2018-02-02 15:12:13
Document Modified: 2018-02-02 15:12:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective April 14, 2016. | |
| Contact | Philip Haberlen, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7770; fax: 781- 238-7199; email: [email protected] | |
| FR Citation | 81 FR 12585 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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