Discussion
On March 8, 2018, at 83 FR 9818, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 by adding an AD that would apply to BHTC Model 429 helicopters, serial numbers 57001 and larger, with a bearing part number (P/N) 429- 010-433-101 or 429-010-433-103 installed. The NPRM proposed to require inspecting each bearing for wear and play. The AD was prompted by reports of worn bearings. The proposed requirements were intended to prevent a worn bearing, which could result in failure of a bearing, which could lead to reduced helicopter handling, damage to other components, and subsequent loss of helicopter control.
The NPRM was prompted by Canadian AD No. CF-2016-39, dated December 12, 2016 (Transport Canada AD CF-2016-39), issued by Transport Canada, which is the aviation authority for Canada, to correct an unsafe condition for BHTC Model 429 helicopters, serial numbers 57001 and subsequent. Transport Canada advises of reports of worn bearings adversely affecting the helicopters' handling qualities. Transport Canada states the scheduled inspection interval of 12 months or 800 hours is not sufficient to detect and correct a worn bearing under the current wear rate. Additionally, according to Transport Canada, the combination of the blade weight, positioning of the swashplate, and the preload of elastomers can make bearing play difficult to detect during a preflight exterior check. Transport Canada determined it necessary to implement an inspection frequent enough to detect a worn bearing in order to prevent a bearing from failing, adversely affecting handling qualities, and damaging adjacent components. These conditions could lead to loss of control of the helicopter. Transport Canada AD CF-2016- 39 therefore requires inspecting bearing P/N 429-010-433-101/-103 for play and potential wear and replacing it if necessary, within 30 days from the effective date of itsAD and at subsequent intervals not to exceed 50 hours air time.
Comments
After our NPRM was published, we received a comment from one commenter.
Request
The commenter questioned the need for the proposed AD. The commenter stated that Bell Helicopter Alert Service Bulletin 429-11-03, which was issued in 2011, already requires inspections of the pitch link bearings.
We disagree. While an operator may incorporate the procedures in the Bell Helicopter Alert Service Bulletin into its maintenance program, not all operators are required to do so. In order for the corrective actions in the service information to become mandatory, and to correct the unsafe condition identified in the NPRM, the FAA must issue an AD.
FAA's Determination
These helicopters have been approved by the aviation authority of Canada and are approved for operation in the United States. Pursuant to our bilateral agreement with Canada, Transport Canada, its technical representative, has notified us of the unsafe condition described in the Transport Canada AD. We are issuing this AD because we evaluated all information provided by Transport Canada, reviewed the relevant information, considered the comments
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received, and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed.
Differences Between This AD and the EASA AD
This AD requires initially inspecting the bearing within 20 hours time-in-service, while the Transport Canada AD requires the initial inspection within 30 days.
Related Service Information Under 1 CFR Part 51
We reviewed Bell Helicopter Alert Service Bulletin 429-11-03, Revision A, dated January 13, 2015 (ASB), which specifies inspecting bearing P/N 429-010-433-101 and P/N 429-010-433-103 within 10 flight hours and every 50 hours thereafter for play and potential wear.
This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 64 helicopters of U.S. Registry and that labor costs average $85 per work-hour. Based on these estimates, we expect the following costs:
Inspecting the bearing requires 2 work-hours and no parts for a cost of $170 per helicopter and $10,880 for the U.S. fleet per inspection cycle.
Replacing a -101 bearing requires 1 work-hour and $3,560 for parts for a cost of $3,645 per bearing. Replacing a -103 bearing requires 1 work-hour and $3,365 for parts for a cost of $3,450 per bearing.
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 helicopters identified in this rulemaking action.
Regulatory Findings
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 DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
(3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; 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.
We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.