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authority to approve AMOCs for this AD, if DEPARTMENT OF TRANSPORTATION an unsafe condition for the specified requested using the procedures found in 14 products. Transport Canada, which is CFR 39.19. In accordance with 14 CFR 39.19, Federal Aviation Administration the aviation authority for Canada, has send your request to your principal inspector issued AD CF–2011–40, dated October or local Flight Standards District Office, as 14 CFR Part 39 26, 2011 (referred to after this as ‘‘the appropriate. If sending information directly [Docket No. FAA–2012–0071; Directorate MCAI’’), to correct an unsafe condition to the manager of the ACO, send it to the Identifier 2012–NE–05–AD; Amendment 39– for the specified products. The MCAI attention of the person identified in the 17191; AD 2012–18–14] states: Related Information section of this AD. The PW901A Auxiliary Power Units have (2) Before using any approved AMOC, RIN 2120–AA64 experienced several events of High Pressure notify your appropriate principal inspector, Turbine (HPT) blade fracture, some of which or lacking a principal inspector, the manager Airworthiness Directives; Pratt & Whitney Canada, Auxiliary Power Units have resulted in the separation of the rear gas of the local flight standards district office/ generator case, exhaust duct support, the certificate holding district office. AGENCY: Federal Aviation turbine exhaust duct flanges and the release of high energy debris. Subsequent (i) Related Information Administration (FAA), DOT. investigation revealed the turbine exhaust ACTION: Final rule. For more information about this AD, duct can separate under excessive load contact Gregory K. Noles, Aerospace SUMMARY: We are adopting a new conditions resulting from extreme engine Engineer, FAA, Atlanta ACO, 1701 Columbia airworthiness directive (AD) for certain distress such as HPT blade fractures. Avenue, College Park, Georgia 30337; phone: serial numbers of Pratt & Whitney You may obtain further information by (404) 474–5551; fax: (404) 474–5606; email: Canada (P&WC) PW901A auxiliary examining the MCAI in the AD docket. [email protected]. power units (APUs) approved under Comments (j) Material Incorporated by Reference Technical Standard Order TSO–C77A We gave the public the opportunity to (1) The Director of the Federal Register and installed on, but not limited to, participate in developing this AD. We approved the incorporation by reference Boeing 747–400 series airplanes. This considered the comments received. The (IBR) of the service information listed in this AD requires modifications of the rear following presents the comments paragraph under 5 U.S.C. 552(a) and 1 CFR gas generator case, exhaust duct received on the proposal and the FAA’s part 51. support, and turbine exhaust duct (2) You must use this service information flanges. This AD was prompted by response to each comment. as applicable to do the actions required by several events of high-pressure turbine Support for the NPRM this AD, unless the AD specifies otherwise. blade fracture leading to separation of The Boeing Company indicated it (i) Piper Aircraft, Inc. Service Bulletin No. the rear gas generator case and release supported the content of the proposed 1189, dated April 29, 2010. of high energy debris. We are issuing rule. (ii) Reserved. this AD to prevent separation of the rear (3) For Piper Aircraft, Inc. service gas generator case and release of high Request To Increase Compliance Time energy debris, which could result in information identified in this AD, contact Several commenters believed the Piper Aircraft, Inc., 2926 Piper Drive, Vero injury and damage to the airplane. compliance time in the AD should be Beach, Florida 32960; telephone: (772) 567– DATES: This AD becomes effective extended. Atlas Air requested that the 4361; fax: (772) 978–6573; Internet: http:// October 22, 2012. The Director of the compliance time be increased from 42 to www.piper.com/company/publications.asp. Federal Register approved the 60 months. Atlas Air noted that the 42- (4) You may view this service information incorporation by reference of certain month requirement would force them to at the FAA, Small Airplane Directorate, 901 publications listed in this AD as of remove APUs prior to their 8,000 hours Locust St., Kansas City, Missouri 64106. For October 22, 2012. soft time threshold which is based on information on the availability of this ADDRESSES: The Docket Operations material at the FAA, call (816) 329–4148. their budget and operating experience office is located at Docket Management and reliability. This threshold would (5) You may view this service information Facility, U.S. Department of that is incorporated by reference at the increase the maintenance burden and Transportation, 1200 New Jersey cost to Atlas Air. National Archives and Records Avenue SE., West Building Ground Administration (NARA). For information on KLM Royal Dutch Airlines (KLM) also Floor, Room W12–140, Washington, DC requested that the compliance date be the availability of this material at NARA, call 20590–0001. (202) 741–6030, or go to: http:// extended. KLM indicated that requiring FOR FURTHER INFORMATION CONTACT: www.archives.gov/federal-register/cfr/ibr- all the affected APUs be modified in 42 Mazdak Hobbi, Aerospace Engineer, locations.html. months would require forced New York Aircraft Certification Office, unscheduled replacements. Issued in Kansas City, Missouri, on August FAA, Engine & Propeller Directorate, United Airlines (UAL) also requested 20, 2012. 1600 Stewart Avenue, Suite 410, that the compliance time be extended John Colomy, Westbury, NY 11590; phone: 516–228– from 42 to 48 months. United indicated Acting Manager, Small Airplane Directorate, 7330; fax: 516–794–5531; email: that the 42-month compliance time Aircraft Certification Service. [email protected]. would require engines to be removed [FR Doc. 2012–22529 Filed 9–14–12; 8:45 am] SUPPLEMENTARY INFORMATION: prematurely and cause capacity BILLING CODE 4910–13–P problems for repair shops. Discussion We do not agree. We have no data that We issued a notice of proposed justifies extending the compliance time rulemaking (NPRM) to amend 14 CFR to 48 months. Operators who want to a part 39 to include an AD that would longer compliance interval may request apply to the specified products. That an AMOC using the procedures in 14 NPRM was published in the Federal CFR part 39. Operators contemplating Register on February 27, 2012 (77 FR an AMOC request are reminded that 11421). That NPRM proposed to correct they must show that their extension will

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provide the same level of safety as sufficient to modify the APU. The certification basis be maintained during provided by the 42-month compliance number of hours required to perform an the lifetime of operation. interval. engine overhaul is not the subject of this We reply to KLM’s multi-layered AD. We did not change the AD based on Request To Increase Compliance Time comment as follows. First, we granted this comment. for Those APUs Incorporating Previous TSO approval to PWC for this APU on SB Request To Clarify ‘‘Preventative September 20, 1988. Second, the Maintenance’’ in Compliance Statement corrective actions required by this AD KLM also requested a longer should return the product to the level of compliance period for APU’s modified Southern Air indicated that safety intended by its certification basis. per SB 3910001–49–16250. KLM compliance paragraph (e)(1) is Finally, whether or not an OEM covers commented that the risk for these blades misleading wherein it states ‘‘within 42 the cost of actions mandated by our AD is lower than the pre-SB blades. United months after effective date of the AD or actions is between the OEM and the Parcel Service Company also requested the first time any maintenance is done product owner/operator. that the compliance period be increased other than preventative maintenance, from 42 to 60 months for APUs having whichever occurs first * * *.’’ Southern Conclusion SB–16250 previously incorporated Air believes the statement should read: We reviewed the available data, (improved HPT blades). ‘‘42 months after the effective date of including the comments received, and We do not agree. We have no data the AD or when maintenance which determined that air safety and the supporting the conclusion that APUs requires unmating of the flanges, or public interest require adopting the AD modified per SB 3910001–49–16250 overhaul, whichever occurs first.’’ with the changes described previously. have a lower risk of separation of the UAL indicated the term ‘‘preventative We determined that these changes will rear gas generator case or that an maintenance’’ in paragraph (e)(1) is not increase the economic burden on increased compliance time is justified vague and ambiguous. UAL noted that any operator or increase the scope of the for these blades. We did not change the as currently stated the AD would have AD. AD based on this comment. to be accomplished if one was replacing Costs of Compliance Question on Compliance Date a line replaceable unit like an exciter or starter. UAL suggested that the Based on the service information, we KLM asked what the compliance date maintenance be accomplished when the estimate that this AD affects about 135 for this AD would be, since the exhaust support duct is accessible, i.e., APUs installed on airplanes of U.S. compliance date in AD CF–2011–40, removed from the APU. registry. The average labor rate is $85 dated October 26, 2011, is different from We agree. We changed paragraph per work-hour. Required parts cost the date in Pratt & Whitney Canada (e)(1) of the AD to read ‘‘Within 42 about $39,899 per APU. Based on these Service Bulletin (SB) 3910001–49– months after the effective date of this figures, we estimate the cost of the AD 16255, Revision No. 2, dated March 1, AD or the first time the APU or module on U.S. operators to be $5,386,365. 2011. The compliance date for this AD will is at a maintenance facility that can Authority for This Rulemaking be 35 days after the date the AD is perform the modifications, regardless of Title 49 of the United States Code published in the Federal Register. We the maintenance action or reason for specifies the FAA’s authority to issue did not change the AD based on this APU removal, whichever occurs first, rules on aviation safety. Subtitle I, comment. modify the rear gas generator case, exhaust duct support, and turbine section 106, describes the authority of Comment on Failure To Address Root exhaust duct flanges.’’ the FAA Administrator. ‘‘Subtitle VII: Cause Aviation Programs,’’ describes in more Request Not To Mandate Use of Service detail the scope of the Agency’s KLM indicated that accomplishing SB Bulletin in Compliance Section 391001–49–16255, Revision No. 2, authority. dated March 1, 2011, and our AD will UAL commented that several steps in We are issuing this rulemaking under not prevent high pressure turbine blades the accomplishment instructions in the authority described in ‘‘Subtitle VII, from failing. P&WC SB No. 3910001–49–A16255, Part A, Subpart III, Section 44701: We do not agree. The root cause of the Revision No. 2, do not offer an increase General requirements.’’ Under that failure of the HPT blades is excessive in safety and should not be mandated by section, Congress charges the FAA with load resulting from extreme engine the AD. UAL noted that the component promoting safe flight of civil aircraft in distress, which leads to turbine exhaust maintenance manual offers sufficient air commerce by prescribing regulations duct separation. Accomplishing SB instructions to perform the required for practices, methods, and procedures 391001–49–A16255, Revision No. 2, modifications. the Administrator finds necessary for dated March 1, 2011, will mitigate We do not agree. UAL did not identify safety in air commerce. This regulation excessive load by modifying the rear gas any unnecessary steps, we know of is within the scope of that authority generator case, exhaust duct support none, and our inquiry of the OEM did because it addresses an unsafe condition and the turbine exhaust duct flanges. not identify any unnecessary steps. If that is likely to exist or develop on We did not change the AD based on this the OEM determined that the products identified in this rulemaking comment. component maintenance manual was action. adequate, it would have been referenced Regulatory Findings Comment on Increased Man-hours in SB No. 3910001–49–A16255, Needed To Accomplish the AD Revision No. 2. We did not change the We determined that this AD will not KLM noted that not all APUs can be AD based on this comment. have federalism implications under modified during an overhaul. Therefore, Executive Order 13132. This AD will Questions on APU Continuing To Meet extra man-hours will be required to not have a substantial direct effect on Type Certification Requirements perform this modification. the States, on the relationship between We do not agree. The man-hours KLM asked that since the APU was the national government and the States, indicated in the SB and in this AD are originally certified to a TSO should the or on the distribution of power and

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responsibilities among the various (APUs) approved under Technical Standard (4) You may view this service information levels of government. Order TSO–C77A and installed on, but not at the FAA, Engine & Propeller Directorate, For the reasons discussed above, I limited to, Boeing 747–400 series airplanes. 12 New England Executive Park, Burlington, certify this AD: The affected APU serial numbers are PCE MA. For information on the availability of 900001 through PCE 900776 inclusive. this material at the FAA, call 781–238–7125. 1. Is not a ‘‘significant regulatory (d) Reason (5) You may view this service information action’’ under Executive Order 12866; at the National Archives and Records 2. Is not a ‘‘significant rule’’ under the This AD was prompted by several events Administration (NARA). For information on DOT Regulatory Policies and Procedures of high-pressure turbine blade fracture the availability of this material at NARA, call (44 FR 11034, February 26, 1979); and leading to separation of the rear gas generator 202–741–6030, or go to: http:// 3. Will not have a significant case and release of high energy debris. We www.archives.gov/federal-register/cfr/ibr- are issuing this AD to prevent separation of locations.html. economic impact, positive or negative, the rear gas generator case and release of high on a substantial number of small entities energy debris, which could result in injury Issued in Burlington, Massachusetts, on under the criteria of the Regulatory and damage to the airplane. August 27, 2012. Flexibility Act. Colleen M. D’Alessandro, (e) Actions and Compliance We prepared a regulatory evaluation Assistant Manager, Engine & Propeller Unless already done, do the following of the estimated costs to comply with Directorate, Aircraft Certification Service. this AD and placed it in the AD docket. actions. (1) Within 42 months after the effective [FR Doc. 2012–22532 Filed 9–14–12; 8:45 am] Examining the AD Docket date of this AD or the first time the APU or BILLING CODE 4910–13–P module is at a maintenance facility that can You may examine the AD docket on perform the modifications, regardless of the the Internet at http:// maintenance action or reason for APU DEPARTMENT OF TRANSPORTATION www.regulations.gov; or in person at the removal, whichever occurs first, modify the Docket Operations office between 9 a.m. rear gas generator case, exhaust duct support, Federal Aviation Administration and 5 p.m., Monday through Friday, and turbine exhaust duct flanges. except Federal holidays. The AD docket (2) Use paragraphs 3.A. through 3.B(3)(f) of 14 CFR Part 39 Accomplishment Instructions, and paragraph contains this AD, the regulatory 4.A. of Appendix, of P&WC Alert Service [Docket No. FAA–2011–1167; Directorate evaluation, any comments received, and Bulletin (SB) No. 39100001–49–A16255, Identifier 2011–NM–058–AD; Amendment other information. The street address for Revision No. 2, dated March 1, 2011, to do 39–17189; AD 2012–18–12] the Docket Operations office (phone: the modifications. RIN 2120–AA64 (800) 647–5527) is provided in the (f) Credit for Previous Action ADDRESSES section. Comments will be Airworthiness Directives; Airbus available in the AD docket shortly after APUs modified before the effective date of this AD using P&WC Alert SB No. A16255R1, Airplanes receipt. dated September 12, 2008, or P&WC Alert SB AGENCY: List of Subjects in 14 CFR Part 39 No. A16255, dated December 12, 2007, meet Federal Aviation the modification requirements of this AD. Administration (FAA), Department of Air transportation, Aircraft, Aviation Transportation (DOT). safety, Incorporation by reference, (g) Alternative Methods of Compliance (AMOCs) ACTION: Final rule. Safety. The Manager, New York Aircraft SUMMARY: We are adopting a new Adoption of the Amendment Certification Office, FAA, may approve AMOCs for this AD. Use the procedures airworthiness directive (AD) for certain Accordingly, under the authority found in 14 CFR 39.19 to make your request. Airbus Model A318, A319, and A320 delegated to me by the Administrator, series airplanes. This AD was prompted the FAA amends 14 CFR part 39 as (h) Related Information by a report of a torn out aspirator due follows: (1) For more information about this AD, to the aspirator interfering with the contact Mazdak Hobbi, Aerospace Engineer, extrusion lip of the off-wing escape PART 39—AIRWORTHINESS New York Aircraft Certification Office, FAA, slide (OWS) enclosure during the initial DIRECTIVES Engine & Propeller Directorate, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; stage of the deployment sequence. This ■ 1. The authority citation for part 39 phone: 516–228–7330; fax: 516–794–5531; AD requires modifying the OWS continues to read as follows: email: [email protected]. enclosures on both sides. We are issuing (2) Refer to Transport Canada AD CF– this AD to prevent both off-wing exits Authority: 49 U.S.C. 106(g), 40113, 44701. 2011–40, dated October 26, 2011, and P&WC from being inoperative, which, during SB No. A16255R2, dated March 1, 2011, for § 39.13 [Amended] an emergency, would impair the safe related information. evacuation of occupants, possibly ■ 2. The FAA amends § 39.13 by adding (i) Material Incorporated by Reference resulting in personal injuries. the following new AD: (1) The Director of the Federal Register DATES: This AD becomes effective 2012–18–14 Pratt & Whitney Canada: approved the incorporation by reference October 22, 2012. Amendment 39–17191; Docket No. (IBR) of the following service information The Director of the Federal Register FAA–2012–0071; Directorate Identifier under 5 U.S.C. 552(a) and 1 CFR part 51. approved the incorporation by reference 2012–NE–05–AD. (2) You must use the following service information to do the actions required by this of a certain publication listed in this AD (a) Effective Date AD, unless the AD specifies otherwise: as of October 22, 2012. This airworthiness directive (AD) becomes (i) Pratt & Whitney Canada Alert Service ADDRESSES: You may examine the AD effective October 22, 2012. Bulletin No. 3910001–49 A16255, Revision docket on the Internet at http:// No. 2, dated March 1, 2011. (b) Affected ADs www.regulations.gov or in person at the (ii) Reserved. U.S. Department of Transportation, None. (3) For service information identified in this AD, contact Pratt & Whitney Canada Docket Operations, M–30, West (c) Applicability Corp., 1000 Marie-Victorin, Longueuil, Building Ground Floor, Room W12–140, This AD applies to Pratt & Whitney Canada Quebec, Canada J4G 1A1; phone: 450–677– 1200 New Jersey Avenue SE., (P&WC) PW901A auxiliary power units 9411. Washington, DC.

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