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AGENCY: Federal Aviation Administration
(FAA), Department of Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are superseding an existing airworthiness directive
(AD) for the products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as:
Several cases have been reported where a loss of fluid in the No.2 hydraulic
system has caused the power transfer unit (PTU) to overspeed, resulting
in pressure fluctuations and increased fluid flow within the No. 1 hydraulic
system. In one case, the hydraulic system control logic did not shut down
the PTU and the overspeed condition persisted, resulting in the illumination
of the No.1 HYD FLUID HOT caution light.
* * * * *
The unsafe condition is possible loss of both the No. 1 and No. 2 hydraulic
systems, resulting in the potential loss of several functions essential
for safe flight and landing of the airplane. We are issuing this AD to
require actions to correct the unsafe condition on these products.
DATES: This AD becomes effective August 17, 2010.
The Director of the Federal Register approved the incorporation by reference
of a certain publication listed in this AD as of August 17, 2010.
The Director of the Federal Register approved the incorporation by reference
of certain publications listed in this AD as of September 2, 2008 (73
FR 47818, August 15, 2008).
The Director of the Federal Register approved the incorporation by reference
of certain other publications listed in this AD as of July 10, 2007 (72
FR 30968, June 5, 2007).
DATES: This AD becomes effective August 17, 2010.
ADDRESSES: 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.
FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York
11590; telephone (516) 228-7303; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
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 April 21, 2010 (75 FR 20787),
and proposed to supersede AD 2008-17-06, Amendment 39-15644 (73 FR 47818,
August 15, 2008). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:
Since we issued AD 2008-17-06, a modification of the power transfer unit
(PTU) control logic, including the provision of automatic PTU shutdown
in the event of loss of fluid in the No. 2 hydraulic system, has been
developed. The modification addresses the identified unsafe condition.
In addition, the applicability has been revised to remove airplanes having
serial number 4185 and subsequent, since an equivalent modification has
been installed in production on these airplanes. Transport Canada Civil
Aviation (TCCA), which is the aviation authority for Canada, has issued
Canadian Airworthiness Directive CF-2006-08R1, dated August 31, 2009 (referred
to after this as "the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Several cases have been reported where a loss of fluid in the No.2 hydraulic
system has caused the power transfer unit (PTU) to overspeed, resulting
in pressure fluctuations and increased fluid flow within the No. 1 hydraulic
system. In one case, the hydraulic system control logic did not shut down
the PTU and the overspeed condition persisted, resulting in the illumination
of the No. 1 HYD FLUID HOT caution light.
As an interim action to avoid possible loss of both the No. 1 and No.
2 hydraulic systems, the Airplane Flight Manual (AFM) has been revised
to include pulling the HYD PWR XFER circuit breaker in the event of the
loss of all hydraulic fluid in the No. 2 hydraulic system.
Insertion of the resultant Temporary Amendment (TA) No. 13 into the AFM
was mandated in the original issue of this [Canadian] directive. This
instruction * * * remains in effect until * * * this [revised] directive
is accomplished.
Revision 1 of this directive * * * mandates modification of the PTU control
logic, including the provision of automatic PTU shutdown in the event
of loss of fluid in the No. 2 hydraulic system. In addition, the applicability
of the [Canadian] directive has been revised to remove aircraft Serial
Number (SN) 4185 and subsequent, since an equivalent modification has
been installed in production on these aircraft.
The unsafe condition is possible loss of both the No. 1 and No. 2 hydraulic
systems, resulting in the potential loss of several functions essential
for safe flight and landing of the airplane. You may obtain further information
by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing this AD.
We received no comments on the NPRM or on the determination of the cost
to the public.
Conclusion
We reviewed the available data and determined that air safety and the
public interest require adopting the AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in general,
agree with their substance. But we might have found it necessary to use
different words from those in the MCAI to ensure the AD is clear for U.S.
operators and is enforceable. In making these changes, we do not intend
to differ substantively from the information provided in the MCAI and
related service information.
We might also have required different actions in this AD from those in
the MCAI in order to follow our FAA policies. Any such differences are
highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect about 42 products of U.S. registry.
The actions that are required by AD 2008-17-06 and retained in this AD
take about 1 work-hour per product, at an average labor rate of $85 per
work hour. Required parts cost about $0 per product. Based on these figures,
the estimated cost of the currently required actions is $85 per product.
We estimate that it will take about 165 work-hours per product to comply
with the new basic requirements of this AD. The average labor rate is
$85 per work-hour. Required parts will cost about $10,982 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 this AD to the U.S. operators to be $1,050,294,
or $25,007 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 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); and
3. 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.
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, 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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing Amendment 39-39-15644 (73 FR
47818, August 15, 2008) and adding the following new AD:
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