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
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receive, as well as a report summarizing each substantive public contact with FAA personnel concerningthis rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.
Discussion
On March 3, 2017, we issued Emergency AD 2017-05-51 to correct an unsafe condition on Bell Model 429 helicopters with an Air Comm Corporation (Air Comm) air conditioning system part number (P/N) 429EC- 200 or 429EC-202 installed. Emergency AD 2017-05-51 was sent previously to all known U.S. owners and operators of these helicopters. Emergency AD 2017-05-51 requires inspecting the motor and blower to determine if the motor is securely attached to the shroud.
Emergency AD 2017-05-51 was prompted by a report that the motor detached from the blower. The motor is secured to the shroud by three screw fasteners with thread locker applied. The report states that the detached motor was resting on the flight controls.
An initial investigation indicates that the motor mount fasteners may not have had the thread locker adhesive applied during production. However, the root cause is under investigation. The motor fell on the collective control tube, causing wear damage to the control tube. The motor's power wiring also was on the collective control tube near hydraulic and fuel lines. The actions in Emergency AD 2017-05-51 are intended to prevent the motor from detaching, causing failure of the primary flight controls and subsequent loss of helicopter control.
FAA's Determination
We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of these same type designs.
Related Service Information Under 1 CFR Part 51
We reviewed Air Comm Service Bulletin 429-201-1, Revision NC, dated February 17, 2017 (SB 429-201-1), which advises inspecting the motor to determine whether it is attached to the blower assembly within 20 flight hours. If the motor is not attached to the blower assembly, SB 429-201-1 advises reporting the detachment to Air Comm and inspecting the surrounding area for damage. If any surrounding parts are damaged, SB 429-201-1 specifies replacing or repairing the damaged parts. SB 429-201-1 then specifies replacing the blower assembly if parts are available and deactivating the air conditioning system if parts are not available. SB 429-201-1 also provides instructions if any P/N MS27039- 1-15 fasteners are missing or loose or if the motor is not secured firmly to the blower assembly. These instructions include rotating the fan blades by hand and verifying the clearance between the blades and the shroud. If the fan blades are scraping or rubbing against the shroud or if the blades cause visible damage to the shroud, SB 429-201- 1 advises replacing the blower assembly if parts are available. If parts are not available, SB 429-201-1 advises deactivating the air conditioning system. If the motor is secure, SB 429-201-1 provides instructions for replacing any missing fasteners and removing and reinstalling any existing fasteners with thread locker.
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.
AD Requirements
This AD requires, before further flight and at intervals not to exceed 25 hours time-in-service (TIS), inspecting the air conditioner condenser blower for motor attachment and for missing or loose fasteners. If the motor is not attached or if a fastener is missing or loose, this AD requires deactivating the air conditioning system. If the motor is not attached, this AD also requires inspecting the collective flight control tube, the area under the forward transmission cowling, and each wiring harness, and depending on the findings, repairing or replacing the affected parts. Additionally, if the motor is not attached or if the motor is attached but any fasteners are missing, this AD requires inspecting for and removing any found detached hardware. Deactivating the air conditioning system constitutes terminating action for the repetitive inspections required by this AD. This AD also requires reporting certain information to the FAA within 10 days.
Differences Between This AD and the Service Information
SB 429-201-1 advises performing the initial inspection within 20 hours TIS. This AD requires the initial inspection before further flight. SB 429-201-1 advises reporting certain incidents to Air Comm, whereas this AD requires reporting certain information to the FAA. SB 429-201-1 does not specify inspecting for and removing missing hardware, whereas this AD does. If replacement parts are available, SB 429-201-1 advises replacing the blower, while this AD makes no allowance for replacing the blower except by alternate means of compliance. If fasteners are missing or loose but the motor is secure, SB 429-201-1 advises replacing missing fasteners and removing and reinstalling existing fasteners with thread locker and a torque stripe. This AD requires removing the blower assembly if fasteners are missing or loose but the motor is still secure. SB 429-201-1 does not require repetitive inspections, while this AD requires the inspection every 25 hours time-in-service until the air conditioning system is deactivated.
Interim Action
We consider this AD to be an interim action. The inspection report that is required by this AD will enable us to obtain better insight into the cause of the motor's detachment, and help us develop final action to address this unsafe condition. The design approval holder is also currently developing a modification that will address the unsafe condition identified in this AD. Once this modification is developed, approved, and available, we might consider additional rulemaking.
Costs of Compliance
We estimate that this AD affects 78 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 motor attachment requires 1 work-hour and no parts for a total cost of $85 per helicopter, and $6,630 for the U.S. fleet, per inspection cycle.
Removing the motor and deactivating the air conditioning requires 2 work-hours and no parts for a total cost of $170 per helicopter.
Removing the blower assembly and deactivating the air conditioning requires 13 work-hours and no parts for a total cost of $1,105 per helicopter.
Reporting the findings to the FAA requires 1 work-hour and no parts for a total cost of $85 per helicopter.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to 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 control number for the collection of information required by this AD is 2120- 0056. The
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paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting required by this AD is 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.
FAA's Justification and Determination of the Effective Date
Providing an opportunity for public comments prior to adopting these AD requirements would delay implementing the safety actions needed to correct this known unsafe condition. Therefore, we found and continue to find that the risk to the flying public justifies waiving notice and comment prior to the adoption of this rule because the required initial inspection must be accomplished before further flight and the recurring inspection must be accomplished at intervals not to exceed 25 hours TIS. These helicopters, typically used for police and medical transport, are expected to reach 25 hours TIS within a few weeks.
Since it was found that immediate corrective action was required, notice and opportunity for prior public comments before issuing this AD were impracticable and contrary to public interest and good cause existed to make the AD effective immediately by Emergency AD 2017-05- 51, issued on March 3, 2017, to all known U.S. owners and operators of these helicopters. These conditions still exists and the AD is hereby published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authorityto 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 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.