AD 2012-16-04

This AD is effective October 3, 2012.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of October 3, 2012.

For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; phone: 206-544-5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com. For Rolls-Royce service information identified in this AD, contact Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, England; telephone 011 44 1332 242424; fax 011 44 1332 249936; Internet: https://www.aeromanager.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.

Margaret Langsted, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-6500; fax: 425-917-6590; email: Margaret.Langsted@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 December 12, 2011 (76 FR 77157). That NPRM proposed to require replacing bleed valve parts and tubing with new parts and tubing on the left and right Rolls-Royce RB211 Trent 800 engines; and installing AEDB software in the airplane AIMS hardware.

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (76 FR 77157, December 12, 2011) and the FAA's response to each comment.

American Airlines (American) and Boeing requested that the NPRM (76 FR 77157, December 12, 2011) allow the use of Boeing Special Attention Service Bulletin 777-31-0177, Revision 1, dated October 13, 2011, as a source of information to comply with the actions required by paragraph (h) of the NPRM.

We agree. Paragraph (h) of the NPRM (76 FR 77157, December 12, 2011) specified the use of Boeing Special Attention Service Bulletin 777-31-0177, dated September 23, 2010. We have revised paragraph (h) of the final rule to add Boeing Special Attention Service Bulletin 777-31-0177, Revision 1, dated October 13, 2011, as an additional source of service information for accomplishing the actions specified in that paragraph. Boeing Special Attention Service Bulletin 777-31-0177, Revision 1, dated October 13, 2011, specifies updates to the concurrent requirements paragraph.

American requested that the NPRM (76 FR 77157, December 12, 2011) allow the use of Rolls-Royce Service Bulletin RB.211-75-G466, dated November 21, 2011, as an additional source of information to accomplish the requirements of paragraph (g) of the NPRM.

We agree. We have changed the final rule to specify that the actions required by paragraph (g) of the AD may be done in accordance with the Accomplishment Instructions of Rolls-Royce Service Bulletin RB.211-75-G466, Revision 1, including Supplement, dated June 20, 2011; or Rolls-Royce Service Bulletin RB.211-75-G466, Revision 2, including Supplement, dated November 21, 2011.

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

• Αre consistent with the intent that was proposed in the NPRM (76 FR 77157, December 12, 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 77157, December 12, 2011).

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 affects 55 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 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):