Discussion
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 November 8, 2011 (76 FR 69157). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:
There have been several occurrences of the air driven generator (ADG) failure to power essential buses during functional tests of the ADG. It was found that the low threshold setting of the circuit protection on the ADG generator control unit (GCU) can prevent the supply of power from the ADG to the essential buses. In the event of an emergency, loss of power to the essential buses can prevent continued safe flight. This [TCCA] directive mandates the replacement of the ADG GCU.
You may obtain further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participatein developing this AD. We have considered the comments received.
Request To Shorten the Compliance Time
The Air Line Pilots Association, International (ALPA) requested the compliance time of ``24 months after the effective date of the AD'' be reduced because ALPA believes that the compliance time is too long to comply with the proposed AD (76 FR 69157, November 8, 2011) based on the importance of replacement.
We do not agree to shorten the compliance time. In developing the compliance time, we determined that the compliance time of 24 months is appropriate in considering the safety implications, the average utilization rate of the affected fleet, the practical aspects of an orderly inspection of the fleet during regular maintenance periods, and the availability of required replacement parts. In addition, our compliance time corresponds with the 24-month compliance time of the parallel AD issued by Transport Canada Civil Aviation (TCCA). We have not changed the AD in thisregard.
Request To Reference Hamilton Sundstrand's Part Number
Comair, Inc. requested that we revise paragraphs (g) and (h) of the NPRM (76 FR 69157, November 8, 2011) to reference Hamilton Sundstrand's part number, in addition to the Bombardier part numbers for the ADG GCU, because by doing so, Comair believes the AD will make certain all suspect ADG GCUs are removed and replaced and will be congruent with the manufacturer's manual.
We agree with the request to reference Hamilton Sundstrand's part number for the ADG GCU that is affected, and not higher assembly part numbers. Bombardier Service Bulletin 601R-24-130, dated April 27, 2011, refers to Hamilton Sundstrand Service Bulletin ERPS10G-24-1, dated February 9, 2011, as an additional source of guidance for modifying and testing the ADG GCU with new printed wiring assemblies and re- identifying the GCU with a new part number. We have updated paragraphs (g) and (h) of this AD to include the Hamilton Sundstrand part number.
Request To Revise Costs of Compliance Section
Air Wisconsin requested that we revise the Costs of Compliance section of the NPRM (76 FR 69157, November 8, 2011) to show a more accurate cost to operators of 7 hours labor. While the task of replacing the ADG CGU requires 2 hours of labor, the commenter states that post-modification testing requires an additional 5 work-hours.
We partially agree. The work-hours quoted in Bombardier Service Bulletin 601R-24-130, dated April 28, 2011, include only the labor time required for replacement, while the Hamilton Sundstrand service information estimates 4 work-hours for replacement of the printed wiring assemblies from the GCU and functional testing of the ADG. Because it may be necessary to do a non-destructive test (NDT) inspection on some airplanes, we have added an additional work-hour. We have changed the labor time required to 6 work-hours in the Costs of Compliance section of this AD.
Conclusion
We reviewed theavailable data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.
Costs of Compliance
Based on the service information, we estimate that this AD affects 589 products of U.S. registry. We also estimate that it takes 6 work- hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts cost $0 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the AD on U.S. operators to be $300,390, or $510 per product.
Authority for This Rulemaking
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.
Regulatory Findings
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,
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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.
Examining 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 (76 FR 69157, November 8, 2011), 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.