AD 2017-20-09

This AD is effective November 13, 2017.

For service information identified in this final rule, contact General Electric Company, GE-Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215, phone: 513-552-3272; fax: 513-552-3329; email: geae.aoc@ge.com. 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. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0254.

David Bethka, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7129; fax: 781-238-7199; email: david.bethka@faa.gov.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all GE CF34-8E model turbofan engines. The NPRM published in the Federal Register on June 8, 2017 (82 FR 26615). The NPRM was prompted by a report that using a certain repair procedure for the fan OGV frame could alter the strength capability of the fan OGV frame because the repair procedure included an improper heat cycle. The NPRM proposed to require replacement of all fan OGV frames repaired using this procedure. This condition, if not corrected, could result in failure of the fan OGV frame, engine separation, and loss of the airplane.

We gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA's response to each comment.

The Air Line Pilots Association supports the NPRM.

Horizon Air requested we include a list of fan OGV frame affected serial numbers (S/Ns) in this AD. J-Air requested that this AD include GE Service Bulletin (SB) CF34-8E-AL S/B 72-0183, Revision 3, dated March 7, 2017, for a list of affected OGV frame S/Ns known to GE. Further, the two commenters explained that operators are not necessarily aware of which repairs have been performed. The changes were requested to take the burden off the operator to determine AD applicability.

We partially agree. We disagree that SB CF34-8E-AL S/B 72-0183 provides a list of all affected OGV frame S/Ns. The list of known affected part S/Ns is based on the best available data, but is not comprehensive. It may be possible that some OGV frames were repaired, but are not known to GE and are not included in GE SB CF34-8E-AL S/B 72-0183. Operators are responsible for checking engine records to determine AD applicability.

We agree to unburden operators to the maximum extent possible. In the interest of aiding operators to determine affected part S/Ns, we included GE SB CF34-8E-AL S/B 72-0183 in the Related Service Information section in the preamble of this final rule, with a note that GE SB CF34-8E-AL S/B 72-0183 does not include a comprehensive list of all affected parts. GE SB CF34-8E-AL S/B 72-0183 includes a list of OGV frame S/Ns known to GE that have been repaired to GEK 112031 72-00-23, REPAIR 006.

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the change described previously. We have determined that these minor changes:

• Αre consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM.

We also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule.

We reviewed GE CF34-8E Engine Manual, GEK 112031, 72-00-23, REPAIR 006. The repair describes procedures for applying a dry-film lubricant to the fan OGV frame with heat curing.

We also reviewed GE SB CF34-8E-AL S/B 72-0183, Revision 3, dated March 7, 2017. The SB provides instructions to replace the fan OGV frames repaired as specified in GE CF34-8E Engine Manual, GEK 112031, 72-00-23, REPAIR 006. However, the SB does not provide a comprehensive list of affected parts. The SB provides a list of OGV frame S/Ns known to GE that have been repaired to GEK 112031 72-00-23 REPAIR 006.

We estimate that this AD affects 42 engines installed on airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate.

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):