82_FR_56952 82 FR 56723 - Airworthiness Directives; CFM International S.A. Turbofan Engines

82 FR 56723 - Airworthiness Directives; CFM International S.A. Turbofan Engines

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 229 (November 30, 2017)

Page Range56723-56725
FR Document2017-25719

We are adopting a new airworthiness directive (AD) for certain CFM International S.A. (CFM) LEAP-1A turbofan engines. This AD requires removal, inspection, rework, and re-identification of the high-pressure turbine (HPT) stage 2 disk, part number (P/N) 2466M52G03. This AD was prompted by a quality escape at the manufacturer that resulted in cracks appearing during forging of the HPT stage 2 disks. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 82 Issue 229 (Thursday, November 30, 2017) 
[Federal Register Volume 82, Number 229 (Thursday, November 30, 2017)]
[Rules and Regulations]
[Pages 56723-56725]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25719]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1044; Product Identifier 2017-NE-38-AD; Amendment 
39-19110; AD 2017-24-06]
RIN 2120-AA64


Airworthiness Directives; CFM International S.A. Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
CFM International S.A. (CFM) LEAP-1A turbofan engines. This AD requires 
removal, inspection, rework, and re-identification of the high-pressure 
turbine (HPT) stage 2 disk, part number (P/N) 2466M52G03. This AD was 
prompted by a quality escape at the manufacturer that resulted in 
cracks appearing during forging of the HPT stage 2 disks. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective December 15, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 15, 
2017.
    We must receive comments on this AD by January 16, 2018.

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 http://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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact CFM 
International Inc., Aviation Operations Center, 1 Neumann Way, M/D Room 
285, Cincinnati, OH 45125; phone: 877-432-3272; fax: 877-432-3329; 
email: [email protected]. You may view this service 
information at the FAA, Engine and Propeller Standards Branch, 1200 
District Avenue, Burlington, MA. For information on the availability of 
this material at the FAA, call 781-238-7125.

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-2017-
1044; 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 final rule, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Christopher McGuire, Aerospace 
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; 
phone: 781-238-7120; fax: 781-238-7199; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We learned from CFM that there was a quality escape at the 
manufacturer that resulted in cracks appearing during forging of CFM 
LEAP-1A HPT stage 2 disks. This condition, if not corrected, could 
result in failure of the HPT stage 2 disk, uncontained release of the 
disk, damage to the engine, and damage to the airplane. We are issuing 
this AD to correct the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    We reviewed CFM Service Bulletin (SB) LEAP-1A-72-00-0167-01A-930A-
D, Issue 001, dated September 28, 2017. The SB describes procedures for 
removal, inspection, rework, and re-identification of HPT stage 2 disk, 
P/N 2466M52G03. 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.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant 
information and 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 removal, inspection, rework, and re-identification 
of the HPT stage 2 disk, P/N 2466M52G03.

FAA's Justification and Determination of the Effective Date

    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 waiving notice and comment prior to adoption of this rule 
because the compliance time for the required action is shorter than the 
time necessary for the public to comment and for us to publish the 
final rule. Therefore, we find good cause that notice and opportunity 
for prior public comment are impracticable. In addition, for the reason 
stated above, we find that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite 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 2017-
1044 and Product Identifier 2017-NE-38-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this final rule. We will 
consider all comments received by the closing date and may amend this 
final rule because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this final rule.

Costs of Compliance

    We estimate that this AD affects 7 engines installed on airplanes 
of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 56724]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove, inspect, rework, and re-        560 work-hours x $85 per              $0         $47,600        $333,200
 identify HPT stage 2 disk.              hour = $47,600.
----------------------------------------------------------------------------------------------------------------

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.

Adoption of 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

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 adding the following new airworthiness 
directive (AD):

2017-24-06 CFM International S.A.: Amendment 39-19110; Docket No. 
FAA-2017-1044; Product Identifier 2017-NE-38-AD.

(a) Effective Date

    This AD is effective December 15, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to CFM International S.A. (CFM) LEAP-1A23, LEAP-
1A24, LEAP-1A24E1, LEAP-1A26, LEAP-1A26E1, LEAP-1A30, LEAP-1A32, 
LEAP-1A33, LEAP-1A33B2 and LEAP-1A35A engines with a high-pressure 
turbine (HPT) stage 2 disk, with a part number (P/N) 2466M52G03 and 
serial number (S/N) listed in Table 1 of CFM Service Bulletin (SB) 
LEAP-1A SB 72-0167-01A-930A-D, Issue 001, dated September 28, 2017, 
installed.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 7250, Turbine Section.

(e) Unsafe Condition

    This AD was prompted by a quality escape at the manufacturer 
that resulted in cracks appearing during forging of the HPT stage 2 
disks. We are issuing this AD to prevent failure of the HPT stage 2 
disks. The unsafe condition, if not corrected, could result in 
uncontained release of the HPT stage 2 disks, damage to the engine, 
and damage to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Prior to accumulating 1,200 engine cycles since new after the 
effective date of this AD, remove, inspect, rework, and re-identify 
the HPT stage 2 disk, P/N 2466M52G03, in accordance with the 
Accomplishment Instructions, paragraph 5.B.(2), in CFM SB LEAP-1A-
72-00-0167-01A-930A-D, Issue 001, dated September 28, 2017.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve 
AMOCs for this AD, 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 paragraph (i) of this AD. You may email your request 
to: [email protected].
    (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.

(i) Related Information

    For more information about this AD, contact Chris McGuire, 
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, 
Burlington, MA 01803; phone: 781-238-7120; fax: 781-238-7199; email: 
[email protected].

(j) 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) CFM Service Bulletin LEAP-1A-72-00-0167-01A-930A-D, Issue 
001, dated September 28, 2017.
    (ii) Reserved.
    (3) For CFM service information identified in this AD, contact 
CFM International Inc., Aviation Operations Center, 1 Neumann Way, 
M/D Room 285, Cincinnati, OH 45125; phone: 877-432-3272; fax: 877-
432-3329; email: [email protected].
    (4) You may view this service information at FAA, Engine and 
Propeller Standards

[[Page 56725]]

Branch, 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 that is incorporated 
by reference 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.

    Issued in Burlington, Massachusetts, on November 21, 2017.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2017-25719 Filed 11-29-17; 8:45 am]
 BILLING CODE 4910-13-P

Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Rules and Regulations 56723 * * * * * Washington, DC 20590, between 9 a.m. FAA’s Determination Dated: November 22, 2017. and 5 p.m., Monday through Friday, We are issuing this AD because we Brandon Lipps, except Federal holidays. For service information identified in evaluated all the relevant information Acting Deputy Under Secretary, Food, this final rule, contact CFM and determined the unsafe condition Nutrition, and Consumer Services. described previously is likely to exist or International Inc., Aviation Operations [FR Doc. 2017–25799 Filed 11–29–17; 8:45 am] Center, 1 Neumann Way, M/D Room develop in other products of the same BILLING CODE 3410–30–C 285, Cincinnati, OH 45125; phone: 877– type design. 432–3272; fax: 877–432–3329; email: AD Requirements aviation.fleetsupport@ge.com. You may DEPARTMENT OF TRANSPORTATION This AD requires removal, inspection, view this service information at the rework, and re-identification of the HPT FAA, Engine and Propeller Standards Federal Aviation Administration stage 2 disk, P/N 2466M52G03. Branch, 1200 District Avenue, Burlington, MA. For information on the FAA’s Justification and Determination 14 CFR Part 39 availability of this material at the FAA, of the Effective Date [Docket No. FAA–2017–1044; Product call 781–238–7125. An unsafe condition exists that Identifier 2017–NE–38–AD; Amendment 39– Examining the AD Docket requires the immediate adoption of this 19110; AD 2017–24–06] You may examine the AD docket on AD without providing an opportunity RIN 2120–AA64 the Internet at http:// for public comments prior to adoption. www.regulations.gov by searching for The FAA has found that the risk to the Airworthiness Directives; CFM and locating Docket No. FAA–2017– flying public justifies waiving notice International S.A. Turbofan Engines 1044; or in person at the Docket and comment prior to adoption of this Management Facility between 9 a.m. rule because the compliance time for the AGENCY: Federal Aviation required action is shorter than the time Administration (FAA), DOT. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket necessary for the public to comment and ACTION: Final rule; request for for us to publish the final rule. contains this final rule, the regulatory comments. Therefore, we find good cause that evaluation, any comments received, and other information. The street address for notice and opportunity for prior public SUMMARY: We are adopting a new the Docket Office (phone: 800–647– comment are impracticable. In addition, airworthiness directive (AD) for certain 5527) is in the ADDRESSES section. for the reason stated above, we find that CFM International S.A. (CFM) LEAP–1A Comments will be available in the AD good cause exists for making this turbofan engines. This AD requires docket shortly after receipt. amendment effective in less than 30 removal, inspection, rework, and re- FOR FURTHER INFORMATION CONTACT: days. identification of the high-pressure turbine (HPT) stage 2 disk, part number Christopher McGuire, Aerospace Comments Invited (P/N) 2466M52G03. This AD was Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; This AD is a final rule that involves prompted by a quality escape at the phone: 781–238–7120; fax: 781–238– requirements affecting flight safety and manufacturer that resulted in cracks 7199; email: chris.mcguire@faa.gov. was not preceded by notice and an appearing during forging of the HPT opportunity for public comment. stage 2 disks. We are issuing this AD to SUPPLEMENTARY INFORMATION: However, we invite you to send any address the unsafe condition on these Discussion written data, views, or arguments about products. We learned from CFM that there was this final rule. Send your comments to DATES: This AD is effective December a quality escape at the manufacturer that an address listed under the ADDRESSES 15, 2017. resulted in cracks appearing during section. Include the docket number FAA The Director of the Federal Register forging of CFM LEAP–1A HPT stage 2 2017–1044 and Product Identifier 2017– approved the incorporation by reference disks. This condition, if not corrected, NE–38–AD at the beginning of your of a certain publication listed in this AD could result in failure of the HPT stage comments. We specifically invite as of December 15, 2017. 2 disk, uncontained release of the disk, comments on the overall regulatory, We must receive comments on this damage to the engine, and damage to the economic, environmental, and energy AD by January 16, 2018. airplane. We are issuing this AD to aspects of this final rule. We will ADDRESSES: You may send comments, correct the unsafe condition on these consider all comments received by the using the procedures found in 14 CFR products. closing date and may amend this final 11.43 and 11.45, by any of the following rule because of those comments. methods: Related Service Information Under 1 We will post all comments we • Federal eRulemaking Portal: Go to CFR Part 51 receive, without change, to http:// http://www.regulations.gov. Follow the We reviewed CFM Service Bulletin www.regulations.gov, including any instructions for submitting comments. (SB) LEAP–1A–72–00–0167–01A– personal information you provide. We • Fax: 202–493–2251. 930A–D, Issue 001, dated September 28, will also post a report summarizing each • Mail: U.S. Department of 2017. The SB describes procedures for substantive verbal contact we receive Transportation, Docket Operations, M– removal, inspection, rework, and re- about this final rule. 30, West Building Ground Floor, Room identification of HPT stage 2 disk, P/N sradovich on DSK3GMQ082PROD with RULES Costs of Compliance W12–140, 1200 New Jersey Avenue SE., 2466M52G03. This service information Washington, DC 20590. is reasonably available because the We estimate that this AD affects 7 • Hand Delivery: U.S. Department of interested parties have access to it engines installed on airplanes of U.S. Transportation, Docket Operations, M– through their normal course of business registry. 30, West Building Ground Floor, Room or by the means identified in the We estimate the following costs to W12–140, 1200 New Jersey Avenue SE., ADDRESSES section. comply with this AD: VerDate Sep<11>2014 17:33 Nov 29, 2017 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\30NOR1.SGM 30NOR1

56724 Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Rules and Regulations ESTIMATED COSTS Cost per Cost on U.S. Action Labor cost Parts cost product operators Remove, inspect, rework, and re-identify HPT 560 work-hours × $85 per hour = $47,600 .... $0 $47,600 $333,200 stage 2 disk. Authority for This Rulemaking on a substantial number of small entities damage to the engine, and damage to the under the criteria of the Regulatory airplane. Title 49 of the United States Code specifies the FAA’s authority to issue Flexibility Act. (f) Compliance rules on aviation safety. Subtitle I, List of Subjects in 14 CFR Part 39 Comply with this AD within the section 106, describes the authority of compliance times specified, unless already the FAA Administrator. ‘‘Subtitle VII: Air transportation, Aircraft, Aviation done. Aviation Programs’’ describes in more safety, Incorporation by reference, (g) Required Actions detail the scope of the Agency’s Safety. Prior to accumulating 1,200 engine cycles authority. Adoption of the Amendment since new after the effective date of this AD, We are issuing this rulemaking under remove, inspect, rework, and re-identify the the authority described in Subtitle VII, Accordingly, under the authority HPT stage 2 disk, P/N 2466M52G03, in Part A, Subpart III, Section 44701: delegated to me by the Administrator, accordance with the Accomplishment ‘‘General requirements.’’ Under that the FAA amends 14 CFR part 39 as Instructions, paragraph 5.B.(2), in CFM SB section, Congress charges the FAA with follows: LEAP–1A–72–00–0167–01A–930A–D, Issue promoting safe flight of civil aircraft in 001, dated September 28, 2017. air commerce by prescribing regulations PART 39—AIRWORTHINESS (h) Alternative Methods of Compliance for practices, methods, and procedures DIRECTIVES (AMOCs) the Administrator finds necessary for (1) The Manager, ECO Branch, FAA, has safety in air commerce. This regulation ■ 1. The authority citation for part 39 the authority to approve AMOCs for this AD, is within the scope of that authority continues to read as follows: if requested using the procedures found in 14 because it addresses an unsafe condition Authority: 49 U.S.C. 106(g), 40113, 44701. CFR 39.19. In accordance with 14 CFR 39.19, that is likely to exist or develop on send your request to your principal inspector § 39.13 [Amended] or local Flight Standards District Office, as products identified in this rulemaking action. appropriate. If sending information directly ■ 2. The FAA amends § 39.13 by adding to the manager of the certification office, This AD is issued in accordance with the following new airworthiness send it to the attention of the person authority delegated by the Executive directive (AD): identified in paragraph (i) of this AD. You Director, Aircraft Certification Service, may email your request to: ANE-AD-AMOC@ 2017–24–06 CFM International S.A.: as authorized by FAA Order 8000.51C. Amendment 39–19110; Docket No. faa.gov. In accordance with that order, issuance FAA–2017–1044; Product Identifier (2) Before using any approved AMOC, of ADs is normally a function of the 2017–NE–38–AD. notify your appropriate principal inspector, Compliance and Airworthiness or lacking a principal inspector, the manager Division, but during this transition (a) Effective Date of the local flight standards district office/ This AD is effective December 15, 2017. certificate holding district office. period, the Executive Director has delegated the authority to issue ADs (b) Affected ADs (i) Related Information applicable to engines, propellers, and None. For more information about this AD, associated appliances to the Manager, contact Chris McGuire, Aerospace Engineer, Engine and Propeller Standards Branch, (c) Applicability ECO Branch, FAA, 1200 District Avenue, Policy and Innovation Division. This AD applies to CFM International S.A. Burlington, MA 01803; phone: 781–238– (CFM) LEAP–1A23, LEAP–1A24, LEAP– 7120; fax: 781–238–7199; email: Regulatory Findings 1A24E1, LEAP–1A26, LEAP–1A26E1, LEAP– chris.mcguire@faa.gov. This AD will not have federalism 1A30, LEAP–1A32, LEAP–1A33, LEAP– (j) Material Incorporated by Reference implications under Executive Order 1A33B2 and LEAP–1A35A engines with a high-pressure turbine (HPT) stage 2 disk, (1) The Director of the Federal Register 13132. This AD will not have a approved the incorporation by reference substantial direct effect on the States, on with a part number (P/N) 2466M52G03 and serial number (S/N) listed in Table 1 of CFM (IBR) of the service information listed in this the relationship between the national Service Bulletin (SB) LEAP–1A SB 72–0167– paragraph under 5 U.S.C. 552(a) and 1 CFR government and the States, or on the 01A–930A–D, Issue 001, dated September 28, part 51. distribution of power and 2017, installed. (2) You must use this service information responsibilities among the various as applicable to do the actions required by levels of government. (d) Subject this AD, unless the AD specifies otherwise. For the reasons discussed above, I Joint Aircraft System Component (JASC)/ (i) CFM Service Bulletin LEAP–1A–72–00– certify that this AD: Air Transport Association (ATA) of America 0167–01A–930A–D, Issue 001, dated (1) Is not a ‘‘significant regulatory Code 7250, Turbine Section. September 28, 2017. (ii) Reserved. action’’ under Executive Order 12866, (e) Unsafe Condition sradovich on DSK3GMQ082PROD with RULES (3) For CFM service information identified (2) Is not a ‘‘significant rule’’ under This AD was prompted by a quality escape in this AD, contact CFM International Inc., DOT Regulatory Policies and Procedures at the manufacturer that resulted in cracks Aviation Operations Center, 1 Neumann (44 FR 11034, February 26, 1979), appearing during forging of the HPT stage 2 Way, M/D Room 285, Cincinnati, OH 45125; (3) Will not affect intrastate aviation disks. We are issuing this AD to prevent phone: 877–432–3272; fax: 877–432–3329; in Alaska, and failure of the HPT stage 2 disks. The unsafe email: aviation.fleetsupport@ge.com. (4) Will not have a significant condition, if not corrected, could result in (4) You may view this service information economic impact, positive or negative, uncontained release of the HPT stage 2 disks, at FAA, Engine and Propeller Standards VerDate Sep<11>2014 17:33 Nov 29, 2017 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\30NOR1.SGM 30NOR1

Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Rules and Regulations 56725 Branch, 1200 District Avenue, Burlington, FOR FURTHER INFORMATION CONTACT: After seeking an opinion from the MA. For information on the availability of Anita Blaine, CRB Program Specialist, Register of Copyrights (Register) under this material at the FAA, call 781–238–7125. by telephone at (202) 707–7658 or email 17 U.S.C. 802(f)(1)(B) regarding their (5) You may view this service information at crb@loc.gov. authority to render the interpretation that is incorporated by reference at the National Archives and Records SUPPLEMENTARY INFORMATION: required by the District Court referral, Administration (NARA). For information on the Judges proceeded with the analysis the availability of this material at NARA, call I. Background that resulted in the Initial Ruling. The 202–741–6030, or go to: http:// Judges transmitted the Initial Ruling to SoundExchange, Inc. www.archives.gov/federal-register/cfr/ibr- the Register for the legal review required (SoundExchange) is the Collective locations.html. by the Copyright Act. See 17 U.S.C. designated by the Copyright Royalty Issued in Burlington, Massachusetts, on 802(f)(1)(D). Judges (Judges) to receive, administer, In March 2017, upon further November 21, 2017. and distribute royalty funds due from Robert J. Ganley, reflection, the Judges withdrew the entities making digital transmissions of Initial Ruling from the parties and from Manager, Engine and Propeller Standards sound recordings under the statutory Branch, Aircraft Certification Service. the Register’s statutorily required review licenses described at 17 U.S.C. 114.1 for legal error. See Order Withdrawing [FR Doc. 2017–25719 Filed 11–29–17; 8:45 am] Sirius XM Radio, Inc. (Sirius XM) 2 is a Ruling and Soliciting Briefing on BILLING CODE 4910–13–P licensee, transmitting sound recordings Unresolved Issues (Mar. 9, 2017) at 2. digitally over its satellite radio The Judges solicited briefs from the network.3 In 2007, after considering oral parties to address specifically the and written evidence and arguments of breadth of the District Court referral. LIBRARY OF CONGRESS counsel, the Copyright Royalty Judges The Judges sought memoranda of law Copyright Royalty Board (Judges) determined that Sirius XM’s from the parties to the District Court royalty obligations for its satellite radio controversy to address: 37 CFR Part 382 business would be determined as a (1) Whether section (V)(C)(1)(b) of the percentage of Gross Revenues. See Initial Ruling (at pp. 14–16 therein) [Docket No. 2006–1 CRB DSTRA (2007– Determination of Rates and Terms for constituted an interpretation of the 2008 2012)] Preexisting Subscription Services and regulations or an application of the Satellite Digital Audio Radio Services Judges’ interpretation of those Determination of Rates and Terms for (SDARS I), Docket No. 2006–1 CRB regulations; Preexisting Subscription Services and DSTRA (Determination), 73 FR 4080, (2) Whether the District Court referral Satellite Digital Audio Radio Services 4084 (Jan. 24, 2008). Gross Revenues are to the Judges under the doctrine of AGENCY: Copyright Royalty Board (CRB), defined in the regulations the Judges primary jurisdiction included not only a Library of Congress. adopted as part of the Determination referral of questions of interpretation of and codified as 37 CFR 382.11 (2008). the 2008 regulations, but also a referral ACTION: Ruling on regulatory interpretation. A. Procedural Setting of questions relating to the application of the 2008 regulations; SUMMARY: The Copyright Royalty Judges In 2013, SoundExchange filed a (3) Whether, regardless of the District publish their ruling on regulatory complaint in the United States District Court’s intent, the Judges have interpretation that was referred to them Court for the District of Columbia jurisdiction under the Copyright Act to by the United States District Court for (District Court) against Sirius XM apply their interpretations of the the District Of Columbia. The regulation seeking additional royalty payments for regulations to the facts in the record and at issue is about gross revenue the period 2007–2012. See reach binding conclusions regarding the exclusions that a satellite digital audio SoundExchange, Inc. v. Sirius XM parties’ compliance with the interpreted radio service may use when calculating Radio, Inc. 65 F. Supp. 3d 150 (D.D.C. regulations; royalty payments owed to 2014) (DC Action). On January 10, 2017, (4) Whether question (3) poses a SoundExchange, a collective for the Judges issued a Ruling (Initial material question of substantive law copyright owners, for digital Ruling) on two questions referred by the under the Copyright Act that the Judges transmissions of sound recordings District Court under the doctrine of may refer to the Register of Copyrights pursuant to a statutory license. The primary jurisdiction. See id. at 157. The under 17 U.S.C. 802(f)(1)(A) or a novel Judges find that Sirius XM properly issues referred by the District Court material question of substantive law interpreted the regulation to apply to arose from the CRB’s 2008 regulations. under the Copyright Act that the Judges pre-’72 sound recordings and that it The District Court Judge concluded that must refer to the Register of Copyrights improperly excluded certain revenues in the promulgated regulations ‘‘the under 17 U.S.C. 802(f)(1)(B); and from its Gross Revenues royalty base. gross revenue exclusions are (5) Whether, under the doctrine of ambiguous.’’ Id. at 155. primary jurisdiction, the Judges may DATES: November 30, 2017. recommend to the District Court ADDRESSES: Docket: For access to the 1 The Judges determine rates and terms for the applications of their interpretations of docket to read background documents, section 112 license (ephemeral recordings to the regulations to the facts in the record go to eCRB, the Copyright Royalty facilitate digital transmissions of sound recordings) before the District Court regarding the Board’s electronic filing and case concurrently with their determination of rates and terms for the section 114 license. The section 112 parties’ compliance with the interpreted management system, at https:// license is not at issue here. regulations. sradovich on DSK3GMQ082PROD with RULES app.crb.gov/ and search for docket 2 Sirius XM Radio, Inc. is the entity resulting from number 2006–1 CRB DSTRA (2007– the merger of Sirius Satellite Radio Inc. and XM B. Parties’ Analyses 2012). For documents not yet uploaded Satellite Radio Inc. In its briefing, SoundExchange 3 Section 114 authorizes and describes licenses to eCRB (because it is a new system), go asserted that (1) the language the Judges available to several transmitting and streaming to the agency Web site at https:// media. The standards the Judges are to apply in are reconsidering constituted an www.crb.gov/ or contact the CRB setting rates for the various section 114 licenses are allowable interpretation of the CRB Program Specialist. detailed in 17 U.S.C. 114 and 801. regulations; (2) even if the subject VerDate Sep<11>2014 17:33 Nov 29, 2017 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\30NOR1.SGM 30NOR1


Document Created: 2017-11-30 00:34:44
Document Modified: 2017-11-30 00:34:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; request for comments.
DatesThis AD is effective December 15, 2017.
ContactChristopher McGuire, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7120; fax: 781-238-7199; email: [email protected]
FR Citation82 FR 56723 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
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