AD 2012-13-06

This AD becomes effective August 14, 2012.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of August 14, 2012.

You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-2125; fax 425-227-1149.

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 was published in the Federal Register on February 6, 2012 (77 FR 5728). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:

During a scheduled maintenance check, one operator reported inoperative FSOV [fire shut-off valve]. Investigations showed damage at wire located between engine 2 Hydraulic FSOV and wing rear spar, in the zones 575/675, and at bonding lead, located between wing Rib 7A and Rib 8 below Hydraulic Pressure Lines.

Similar inspections on different aeroplanes have shown that one of the causes of damage, is the contact between bonding lead and the harness, due to over length of the bonding lead.

As the affected wire is not powered during normal operation, no defect had been detected. The defect was detected when a test was performed on the FSOV during maintenance check by the operator.

This condition, in the scope of published FAA SFAR88 and JAA Internal Policy INT/POL/25/12, is considered to be a potential source of sparks in the wing trailing edge area and if not detected, could lead to an uncontrolled engine fire.

For the reasons stated above, this [EASA] AD requires a one-time [detailed] inspection of the wires [for contact or chafing] located between LH/RH engines Hydraulic FSOV and wing rear spar in the zones 575/675, and the bonding lead [for length] that is located between Rib 7A and Rib 8 below Hydraulic Pressure Lines, and corrective actions [repair wires or replace bonding leads] depending on findings.

You may obtain further information by examining the MCAI in the AD docket.

We gave the public the opportunity to participate in developing this AD. We have considered the comment received.

UPS Airlines requested that we extend the compliance time from 30 to 40 months after the effective date of the AD. The commenter stated the extension is a better fit within the operator's heavy maintenance program because the extended compliance time is more conducive to schedule-required aircraft ground time, labor, and parts acquisition. The commenter stated that the compliance time is too restrictive.

We do not agree with the commenter's request to extend the compliance time. In developing the proposed compliance time, we determined that the compliance time of 4,500 flight hours or 30 months after the effective date of the AD, whichever occurs first, is appropriate when considering the safety implications, the average utilization rate of the affected fleet, the practical aspects of an orderly inspection of the fleet during heavy maintenance checks, and the availability of required replacement parts. In addition, our compliance time corresponds with the compliance time of the parallel AD issued by European Aviation Safety Agency (EASA). We have not changed the AD in this regard.

We have changed paragraph (i) of this AD to include a compliance time of “before further flight” for the wire repair. This compliance time was required by EASA AD 2011-0084, dated May 24, 2011, and was inadvertently omitted from the NPRM (77 FR 5728, February 6, 2012).

We reviewed the available data, including 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 (77 FR 5728, February 6, 2012) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (77 FR 5728, February 6, 2012).

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

We estimate that this AD will affect 125 products of U.S. registry. We also estimate that it will take about 8 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $85,000, or $680 per product.

In addition, we estimate that any necessary follow-on actions would take about 1 work-hour and require parts costing $50, for a cost of $135 per product. We have no way of determining the number of products that may need these actions.

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.

We determined that 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 the 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.

We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM (77 FR 5728, February 6, 2012), the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

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 AD: