[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Rules and Regulations]
[Pages 52203-52205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20696]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0881; Directorate Identifier 2012-CE-029-AD; 
Amendment 39-17164; AD 2012-17-01]
RIN 2120-AA64


Airworthiness Directives; Goodyear Aviation Tires

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
Goodyear Aviation Tires, part number 299K63-1 (Brazilian made new tires 
only), installed on various transport category airplanes, including but 
not limited to Bombardier, Inc. Model CL-600-2B19 airplanes. This AD 
results from mandatory continuing airworthiness information (MCAI) 
issued by the aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI describes 
the unsafe condition as tire tread separations and tread-area bulges on 
the main landing gear tires due to low adhesion in the tread shoulder 
area. The unsafe condition is specific to Brazilian produced new tires, 
size H29x9.0-15, only; retread tires are not affected by this AD. This 
condition, if not detected and corrected, could cause the main landing 
gear tires to fail during takeoff or landing. The failure may cause 
damage to the airplane structure, flaps, engine, and wheel well and 
result in reduced controllability of the airplane. We are issuing this 
AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective September 13, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 13, 
2012.
    We must receive comments on this AD by October 15, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Goodyear 
Aviation, ATTN: Richard McKenna--Product Support Manager (North 
America), 100 Business Center Drive, Stockbridge, GA 30281; phone: 
(678) 364-8956; fax: (678) 284-6101; email: [email protected]; 
Internet: www.goodyearaviation.com. You may review copies of the 
referenced service information at the FAA, Small Airplane Directorate, 
901 Locust, Kansas City, Missouri 64106. For information on the 
availability of this material at the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Samuel Belete, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue, 
College

[[Page 52204]]

Park, Georgia 30337; phone: (404) 474-5580; fax: (404) 474-5606; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2012-05-01, dated June 5, 2012 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    This AD was prompted by reports of tread separations and tread-
area bulges on the main landing gear tire. The ANAC is issuing this 
AD to prevent tread separation from the main landing gear tire 
during takeoff or landing, which could result in structural damage 
to the airplane, damage to the flaps, engine, wheel well, and 
consequent reduced controllability of the airplane on the runway or 
in the air.

The MCAI requires replacing all affected tires and prohibits any future 
installation of the affected tires. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Goodyear Aviation has issued Service Bulletin 2012-32-001, dated 
April 19, 2012. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
failure of the main landing gear tires during takeoff or landing could 
cause damage to the airplane structure, flaps, engine, wheel well and 
may result in reduced controllability of the airplane. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2012-0881; Directorate 
Identifier 2012-CE-029-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect about 3,400 tires potentially 
installed on products of U.S. registry. We also estimate that it would 
take about 3 work-hours per product to comply with the basic 
requirements of this AD. The average labor rate is $85 per work-hour. 
Required parts would cost about $2,000 per product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $7,667,000, or $2,255 per product.
    According to the manufacturer, some of the costs of this AD may be 
covered on a one-to-one basis as noted in Goodyear Aviation Service 
Bulletin 2012-32-001, dated April 19, 2012, thereby reducing the cost 
impact on affected individuals. We do not control warranty or exchange 
coverage for affected operators. As a result, we have included all 
costs in our cost estimate.

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, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2012-17-01 Goodyear Aviation Tires: Amendment 39-17164; Docket No. 
FAA-2012-0881; Directorate Identifier 2012-CE-029-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
13, 2012.

[[Page 52205]]

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following new Goodyear Aviation Tires 
(retreads are not affected by this AD), installed on various 
transport category airplanes, including but not limited to 
Bombardier, Inc. Model CL-600-2B19 airplanes:
    (1) New tire part number (P/N) 299K63-1 with the following 
specifications:
    (i) Tire size: H29x9.0-15;
    (ii) Ply rating: 16PR; and
    (iii) Speed rating: 210 miles per hour.
    (2) Serial numbers (S/N) 01867xxx through 02737xxx with the 
following specifications:
    (i) The 5th digit of the serial number must be a ``7''; and
    (ii) ``XXX'' can be any combination of three single digit 
numbers.

(d) Subject

    Air Transport Association of America (ATA) Code 32: Landing 
gear.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as tire tread 
separations and tread-area bulges on the main landing gear tires due 
to low adhesion in the tread should area. We are issuing this AD to 
prevent failure of the main landing gear tires during takeoff or 
landing, which could cause damage to the airplane structure, flaps, 
engine, and wheel well and result in reduced controllability of the 
airplane.

(f) Actions and Compliance

    Unless already done, do the following actions in accordance with 
Goodyear Aviation Service Bulletin 2012-32-001, dated April 19, 
2012.
    (1) Within the next 5 flight cycles (landings) after September 
13, 2012 (the effective date of this AD), inspect the main landing 
gear tires, P/N 299K63-1, to determine if an affected S/N tire, as 
specified in paragraph (c) of this AD, is installed. A review of the 
airplane maintenance records is acceptable in lieu of this 
inspection if the P/N and S/N of the tires installed can be 
positively determined from that review. Operators that do not 
maintain landing records can determine the number of landings by 
dividing the number of airplane hours time-in-service (TIS) by two.
    (2) Before further flight after the inspection required in 
paragraph (f)(1) of this AD, replace any tire that has an affected 
serial number.
    (3) As of September 13, 2012 (the effective date of this AD), do 
not install any main landing gear tire, P/N 299K63-1, that has an 
affected serial number specified in paragraph (c)(2) of this AD.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Atlanta Aircraft Certification Office (ACO), FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. Send information to ATTN: Samuel Belete, 
Aerospace Engineer, FAA, Atlanta ACO, 1701 Columbia Avenue, College 
Park, Georgia 30337; phone: (404) 474-5580; fax: (404) 474-5606; 
email: [email protected]. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(h) Special Flight Permit

    We are allowing a one-time special flight permit to return the 
airplane to a suitable maintenance base provided a detailed 
inspection of the main landing gear tires is done and no tread 
separation or bulge is detected.

(i) Related Information

    Refer to MCAI Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) Brazilian Airworthiness Directive 2012-05-01, dated 
June 5, 2012, and Goodyear Aviation Service Bulletin 2012-32-001, 
dated April 19, 2012, for related information.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Goodyear Aviation Service Bulletin 2012-32-001, dated April 
19, 2012.
    (ii) Reserved.
    (3) For Goodyear Aviation Tires service information identified 
in this AD, contact Goodyear Aviation, ATTN: Richard McKenna--
Product Support Manager (North America), 100 Business Center Drive, 
Stockbridge, GA 30281; phone: (678) 364-8956; fax: (678) 284-6101; 
email: [email protected].
    (4) You may view this service information at FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/index.html.

    Issued in Kansas City, Missouri, on August 16, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-20696 Filed 8-28-12; 8:45 am]
BILLING CODE 4910-13-P