A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to BHTC Model 206L-1 helicopters was published in the Federal Register on April 10, 1996 (61 FR 15903). That action proposed to require removing the Kratos indicator and replacing it with an airworthy TOT indicator within 90 days after the effective date of this AD.
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.
One commenter states that the AD should refer to the specific TOT indicator as is stated in the BHTC Model 206L-1 Illustrated Parts Catalog; otherwise, the AD will require owners/operators to obtain additional FAA approval since the particular part number referenced in the AD may not be reflected in any BHTC document. The FAA partially concurs. The FAA does not endorse specific vendors or manufacturers of parts unless those parts are the only parts authorized for use as replacements. There are alternative TOT indicator part numbers in the applicable helicopter parts catalog. The final rule will specify replacement TOT indicator part numbers, and the wording in the Compliance section has been revised to refer to using an airworthy replacement TOT indicator that is approved for this helicopter.
The same commenter states that the reference to the Alert Service Bulletin (ASB) should not be contained in a Note, and instead compliance in accordance with the ASB should be mandatory. The FAA does not concur. Generally, ASB s may be mandatory for Part 135 owners/operators, but not for Part 91 owners/operators.
Finally, the same commenter states that the AD should not require replacement of the TOT indicator, and should instead require owners/operators to ensure their helicopters electrical systems provide at least 10 volts during startup.The FAA does not concur that this should be included in the AD. There are procedures by which owners/operators may request permission to accomplish this as an alternate means of compliance.
After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed.
The FAA estimates that 100 helicopters of U.S. registry will be affected by this AD, that it will take approximately 8 work hours per helicopter to accomplish the required actions, and that the average labor rate is $60 per work hour. Required parts will cost approximately $8,300 per helicopter. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $878,000.
The regulations adopted herein will not have substantial direct effects 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. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is not a " significant regulatory action" under Executive Order 12866; (2) is not a "significant rule" under 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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES."
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39 - AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40113, 44701.
39.13 - [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: