Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.
Discussion
We issued AD 2014-05-06 R1, Amendment 39-19529 (83 FR 64734, December 18, 2018) (AD 2014-05-06 R1), for certain Model EC135 P1, P2, P2+, T1, T2, and T2+ helicopters and Model MBB-BK 117C-2 helicopters. AD 2014-05-06 R1 required installing bushings and washers on the flight controls to prevent shifting of the flight control bearings in the axial direction. AD 2014-05-06 R1 removed AD 2014-05-06, Amendment 39- 17779 (79 FR 13196, March 10, 2014) (AD 2014-05-06), which had the same requirements but had the additional requirement of repetitively inspecting the flight control bearings. The actions of AD 2014-05-06 and AD 2014-05-06 R1 were intended to detect and correct incorrectly installed flight control bearings.
Actions Since AD 2014-05-06 R1 Was Issued
After we published AD 2014-05-06 R1, we realized that the amendatory language is in error. Although, as published, AD 2014-05-06 R1 stated it replaced AD 2014-05-06, we previously removed AD 2014-05- 06 when we issued AD 2017-03-01, Amendment 39-18792 (82 FR 11502, February 24, 2017) (AD 2017-03-01). AD 2017-03-01 contains the same requirements as AD 2014-05-06, including the repetitive inspections, but corrected an error in the compliance time. Instead of issuing AD 2014-05-06 R1, we should have issued a new AD to change the repetitive inspections by replacing AD 2017-03-01.
AD 2017-03-01 is still an effective AD that requires repetitively inspecting the flight control bearings and installing bushings and washers. Accordingly, we are removing AD 2014-05-06 R1.
FAA's Justification and Determination of the Effective Date
AD 2014-05-06 R1 removed an AD that is no longer effective and required actions that are already required by an AD that is effective. As a result, AD 2014-05-06 R1 was causing confusion for operators and would have required unnecessary maintenance actions. We believe it is therefore unlikely that we will receive any adverse comments or useful information about this AD from U.S. operators. Therefore, we find good cause that notice and opportunity for prior public comment are unnecessary. In addition, for the reason stated above, we find that good cause exists for making this amendment effective in less than 30 days.
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, 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, 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.