AD 2012-08-16

This AD is effective May 29, 2012.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of May 29, 2012.

For service information identified in this AD, contact Learjet, Inc., One Learjet Way, Wichita, Kansas 67209-2942; telephone 316-946-2000; fax 316-946-2220; email ac.ict@aero.bombardier.com; Internet http://www.bombardier.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425-227-1221.

James Galstad, Aerospace Engineer, Mechanical Systems and Propulsion Branch, ACE-116W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas 67209; phone: 316-946-4135; fax: 316-946-4107; email: james.galstad@faa.gov.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM published in the Federal Register on November 30, 2011 (76 FR 74010). That NPRM proposed to require inspecting the electrical leads routed to the fire extinguishing containers for proper identification and missing labels, and to ensure the electrical leads are connected to the correct squibs; and corrective actions if necessary.

We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the proposal (76 FR 74010, November 30, 2011) and the FAA's response.

The single commenter, SpiritJets, LLC, stated that the wording of the compliance time in paragraph (g) of the NPRM (76 FR 74010, November 30, 2011) appears to be inaccurate because many of those airplanes do not have auxiliary power units (APU) installed. The compliance time in the NPRM is worded as follows: “Within 300 flight hours after the effective date of this AD, or at the next auxiliary power unit (APU) removal, whichever occurs first * * *”

We infer that the commenter requests we remove the reference to the next APU removal from the compliance time. We find that clarification is necessary. Paragraph (g) of this AD applies to all airplanes identified in the applicability (i.e., paragraph (c) of this AD). Therefore, if an APU is not installed on an airplane that is identified in paragraph (c) of this AD, “within 300 flight hours after the effective date of this AD” is the appropriate compliance time for accomplishing the requirements of the AD on that airplane. For clarification purposes, we have revised paragraph (g) of this AD to add paragraphs (g)(1) and (g)(2), which more clearly specify the compliance times for airplanes with and without an APU.

We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting the AD with the change described previously and minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM (76 FR 74010, November 30, 2011) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (76 FR 74010, November 30, 2011).

We also determined that this change will not increase the economic burden on any operator or increase the scope of the AD.

We estimate that this AD affects 232 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

We estimate the following costs to do any necessary modification that would be required based on the results of the inspection. We have no way of determining the number of aircraft that might need this modification:

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 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):