Discussion
On July 30, 2014, at 79 FR 44147, 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 430 Helicopters, serial number 49001 through 49121, with control tube part number (P/N) 430-001-007-101 installed. The NPRM proposed to require inspecting the control tube and either repairing or replacing it. The proposed requirements were intended to prevent failure of a control tube bonded clevis, which could lead to failure of the control tube and subsequent loss of helicopter control.
The NPRM was prompted by Canadian AD No. CF-2013-30, dated October 7, 2013, issued by TCCA, which is the aviation authority for Canada, to correct an unsafe condition for BHTC Model 430 helicopters with control tube P/N 430-001-007-101. TCCA advises of two failures of the control tube bonded clevis caused by cracking from control tube oscillation. TCCA statesthat this situation, if not corrected, could result in the loss of control of the helicopter. TCCA AD No. CF-2013-30 consequently requires a one-time inspection of the control tube for damage and contacting BHTC for evaluation of the control tube if the damage exceeds allowable limits. If the tube is not damaged, the damage is within allowable limits, or BHTC Engineering determines the control tube can be returned to service, TCCA AD No. CF-2013-30 requires modifying the tube according to BHTC's service information. TCCA AD No. CF-2013-30 also requires replacing control tubes, P/N 430-001-007-101, with control tube, P/N 430-001-007-105, no later than 12 months from the effective date of its AD.
Comments
We gave the public the opportunity to participate in developing this AD, but we received no comments on the NPRM (79 FR 44147, July 30, 2014).
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, TCCA, its technical representative, has notified us of the unsafe condition described in the TCCA AD. We are issuing this AD because we evaluated all information provided by TCCA 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 TCCA AD
The TCCA AD requires submitting sketches of a control tube damaged beyond defined limits to BHTC for evaluation. BHTC then determines if the control tube can be returned to service. We make no such requirement in this AD.
Related Service Information Under 1 CFR Part 51
Bell Helicopter Alert Service Bulletin (ASB) No. 430-13-51, dated September 3, 2013, states that BHTC received two reports of control tube, P/N 430-001-007-101, failing because the clevis failed due to fatigue caused by control tube oscillation. ASB No. 430-13-51 specifies a one-time inspection of control tube assembly, P/N 430-001-007-101, to verify if the tube has chaffing damage and indicated that a
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mandatory replacement would follow when sufficient parts became available. 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 of this AD.
Other Related Service Information
We reviewed Bell Helicopter Technical Bulletin 430-04-35, Revision B, dated March 20, 2009, which recommends that control tube, P/N 430- 001-007-101, be replaced with control tube, P/N 430-001-007-105, if damage exists. On June 12, 2014, Bell issued Revision A to ASB No. 430- 13-51, which set a compliance date of September 30, 2014, to remove control tube, P/N 430-001-007-101.
Costs of Compliance
We estimate that this AD affects 5 helicopters of U.S. Registry and that labor costs average $85 a work hour. Based on these estimates, we expect the following costs:
The cost of inspecting the control tube is minimal.
Repairing the control tube requires 2 work-hours for a labor cost of $170.
Replacing control tube, P/N 430-001-007-101, with control tube, P/N 430-001-007-105, requires 3 work-hours for a labor cost of $255. Parts cost $3,974 for a total cost per helicopter of $4,229.
According to manufacturer's service information, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage by the manufacturer. Accordingly, 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 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.