[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Rules and Regulations]
[Pages 63443-63445]
[FR Doc No: 2020-22267]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0902; Project Identifier AD-2020-01174-E;
Amendment 39-21273; AD 2020-20-17]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
General Electric Company GE90-110B1 and GE90-115B model turbofan
engines. This AD was prompted by an in-service occurrence of loss of
engine thrust control resulting in uncommanded high thrust. This AD
prohibits dispatch of an airplane if certain status messages are
displayed on the engine indicating and crew alerting system (EICAS) and
if certain conditions are present per the manufacturer's service
information. As a terminating action, this AD requires revision of the
existing FAA-approved minimum equipment list (MEL) by incorporating
into the MEL the dispatch restrictions listed in this AD. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 23, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 23,
2020.
    The FAA must receive comments on this AD by November 23, 2020.

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:<PHONE_NUMBER>.
     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
General Electric Company, 1 Neumann Way, Cincinnati, OH 45215; phone:
513-552-3272; email<EMAIL_ADDRESS>website: www.ge.com.
You may view this service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0902.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0902; 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: Stephen Elwin, Aerospace Engineer, ECO
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7236; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA received a report from the manufacturer of an in-service
loss of engine thrust control that occurred on October 27, 2019,
resulting in uncommanded high thrust. Analysis by the manufacturer
found accumulated thermal cycles of the MN4 integrated circuit in the
full authority digital engine control (FADEC) through normal operation
causes the solder ball joints to wear out and eventually fail over
time. The failure was preceded by an inbound FADEC EICAS ``ENG EEC C1''
status message one flight before the in-service occurrence. This
condition, if not addressed, could result in loss of engine thrust
control and reduced control 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 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.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed GE GE90-100 Service Bulletin (SB) 73-0117, R01,
dated August 5, 2020. The SB describes procedures for checking for an
inbound FADEC EICAS ``ENG EEC C1'' status message and corresponding
conditions. 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.

AD Requirements

    This AD prohibits dispatch of the airplane if certain status
messages are displayed on the EICAS and if certain conditions are
present per the manufacturer's service information. As a terminating
action, this AD requires, within 120 days of the effective date of this
AD, revision of the existing FAA-approved MEL by incorporating into the
MEL the dispatch restrictions listed in paragraph (g) of this AD.

Interim Action

    The FAA considers this AD interim action. The manufacturer is still
reviewing the unsafe condition and the FAA will consider further
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.) 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 seeking comment prior to
issuance. Further, Section 553(d) of the APA authorizes agencies to
make rules effective in less than 30 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 October 27, 2019, a Boeing Company Model 777-300 airplane powered by
GE GE90-115B model turbofan engines experienced an

unresponsive throttle for 11.5 minutes during descent into Abu Dhabi
International Airport. The pilot regained throttle control of the
engine while at an altitude over 15,000 feet, continued the descent to
the airport, and landed without further incident. The investigation by
the manufacturer discovered that cracking of the MN4 integrated circuit
solder ball caused one of the FADEC channels to read an erroneous
thrust lever resolver angle value which, once selected, caused an
erroneously high thrust command. The manufacturer issued service
information in August 2020 that provides procedures for status message
checks of the FADEC required by this AD.
    The FAA considers the failure of the MN4 integrated circuit in the
FADEC an urgent safety issue, requiring immediate review of FADEC EICAS
status messages and possible prohibition of departure of the airplane.
    Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to 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.

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
the ADDRESSES section. Include the docket number FAA-2020-0902 and
Project Identifier AD-2020-01174-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 FAA will also post a report summarizing each substantive
verbal contact received about this final rule.

Confidential Business Information

    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 Stephen Elwin, Aerospace 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 the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 206 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise the existing MEL............  1 work-hour x $85 per hour               $0             $85         $17,510
                                      = $85.
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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

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):

2020-20-17 General Electric Company: Amendment 39-21273; Docket No.
FAA-2020-0902; Project Identifier AD-2020-01174-E.

(a) Effective Date

    This AD is effective October 23, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all General Electric Company GE90-110B1 and
GE90-115B model turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7600, Engine
Controls.

(e) Unsafe Condition

    This AD was prompted by an in-service occurrence of loss of
engine thrust control resulting in uncommanded high thrust. The FAA
is issuing this AD to prevent dispatch of the airplane when certain
faults caused by degradation of the MN4 integrated circuit in the
full authority digital engine control (FADEC) are displayed and
certain FADEC conditions are present. The unsafe condition, if not
addressed, could result in loss of engine thrust control and reduced
control of the airplane.

(f) Compliance

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

(g) Required Actions

    After the effective date of this AD, notwithstanding the
provisions of the operator's minimum equipment list (MEL), dispatch
of an airplane is prohibited if the engine indicating and crew
alerting system (EICAS) displays the status message ``ENG EEC C1 L''
or ``ENG EEC C1 R'' and any condition is present that is listed in
the Accomplishment Instructions, paragraphs 3.A.(2)(f), 3.A.3(a), or
3.A.(4) of GE GE90-100 Service Bulletin (SB) 73-0117 R01, dated
August 5, 2020.

(h) Terminating Action

    As terminating action for the requirements of paragraph (g) of
this AD, within 120 days of the effective date of this AD, revise
the existing FAA-approved MEL by incorporating into the MEL the
dispatch restrictions listed in paragraph (g) of this AD as a
required operation or maintenance procedure. Specific alternative
MEL wording to accomplish the actions specified in paragraph (g) of
this AD can be approved by the operator's principal operations or
maintenance inspector.

(i) 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 (j) of this AD. You may email your request
to<EMAIL_ADDRESS>    (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 Stephen Elwin,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(k) 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) General Electric Company (GE) GE90-100 Service Bulletin 73-
0117 R01, dated August 5, 2020.
    (ii) [Reserved]
    (3) For GE service information identified in this AD, contact
General Electric Company, 1 Neumann Way, Cincinnati, OH 45215;
phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>website:
www.ge.com.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (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, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 25, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-22267 Filed 10-7-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Notices]
[Page 64453]
[FR Doc No: 2016-22601]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL16-115-000]

Windham Solar, LLC, Allco Finance Limited; Notice of Petition for
Enforcement

    Windham Solar, LLC: QF16-362-002, QF16-363-002, QF16-364-002,
QF16-365-002, QF16-366-002, QF16-367-002, QF16-368-002, QF16-369-
002, QF16-370-002, QF16-371-002, QF16-372-002, QF16-373-002, QF16-
374-002, QF16-375-002, QF16-376-002, QF16-377-002, QF16-378-002,
QF16-379-002, QF16-380-002, QF16-381-002, QF16-382-002, QF16-383-
002, QF16-384-002, QF16-385-002, QF16-386-002, QF16-387-002

    Take notice that on September 12, 2016, pursuant to section
210(h)(2)(B) of the Public Utility Regulatory Policies Act of 1978
(PURPA), 16 U.S.C. 824a-3(h), Windham Solar LLC and Allco Finance
Limited filed a Petition for Enforcement requesting the Federal Energy
Regulatory Commission (Commission) exercise its authority and initiate
enforcement action against the Connecticut Public Utilities Regulatory
Authority to remedy its implementation of PURPA, all as more fully
explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 3, 2016.

    Dated: September 13, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-22601 Filed 9-19-16; 8:45 am]
BILLING CODE 6717-01-P