AD 2013-02-09

This AD becomes effective March 8, 2013.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 8, 2013.

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.

Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1175; 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 October 4, 2012 (77 FR 60651). That NPRM proposed to correct an unsafe condition for the specified products. The Mandatory Continuing Airworthiness Information (MCAI) states:

An operator reported the loss of the wing leading edge anti-icing piccolo tube end caps on two aircraft. This was discovered during routine zonal inspections when the wing tips were removed. The loss of the end cap would result in a reduction in anti-icing efficiency, over the outboard portion of the leading edge of that wing, affecting approximately 25% of the wingspan towards the wing tip.

The System Safety Analysis (SSA) classifies the loss of anti-icing of both of the outer wings as hazardous if the loss is not indicated to the crew. The loss of a piccolo tube end cap would not be indicated to the flight crew and, therefore, this reduction in anti-icing capability on one wing must also be classified as hazardous.

This condition, if not detected and corrected, could result in ice accretion on the wing leading edge, or run-back ice and could lead to a reduction in the stall margin on approach together with a reduction in roll control authority.

For the reasons described above, this [European Aviation Safety Agency (EASA)] AD [2012-0003, dated January 6, 2012] requires a one-off [detailed] inspection [for lost and loose end caps] of the piccolo tube end caps. The results of this inspection will be used to establish a suitable repeat inspection period, which will be introduced through the Maintenance Review Board (MRB) process.

The corrective action is replacing or repairing the end caps if necessary. You may obtain further information by examining the MCAI in the AD docket.

Paragraph (i) of the NPRM (77 FR 60651, October 4, 2012) refers to EASA AD 2012-0003, dated January 6, 2012. However, we have revised paragraph (i) of this AD to refer to BAE SYSTEMS (OPERATIONS) LIMITED Inspection Service Bulletin ISB.30-025, dated April 19, 2011, because that service bulletin is the appropriate source of service information for doing the actions required by this AD.

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (77 FR 60651, October 4, 2012) or on the determination of the cost to the public.

We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed—except for minor editorial changes and clarification of paragraph (i) of this AD. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM (77 FR 60651, October 4, 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 60651, October 4, 2012).

We estimate that this AD will affect 2 products of U.S. registry. We also estimate that it will take about 2 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 $340, or $170 per product.

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 60651, October 4, 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: